HomeMy WebLinkAboutT-5358 - Conditions of Approval - 6/27/2013 CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
NOVEMBER 16, 2005
VESTING TENTATIVE TRACT MAP NO. 5358/UGM
NORTHWEST CORNER OF NORTH JOSEPHINE AVENUE AND NORTH RIVERSIDE COUNTRY CLUB DRIVE,SOUTH
OF THE SAN JOAQUIN RIVER BLUFF
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act,
Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following
specific conditions are applicable to this vesting tentative map. The Urban Growth Management
(UGM) Service Delivery Plan requirements are included in the following conditions of approval
and are designated by the caption "Urban Growth Management Requirements."
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of
fees, dedications, reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or
within 90 days after the date of the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 5358/UGM entitled
"Exhibit A," dated ��Pr iJR 2' A iv �� 'J01 , the subdivider may prepare a Final
Map in accordance with the approved tentative map, and related Rezone Application No.
R-04-93 and Conditional Use Permit Application No. C-04-246 for the southernmost 29.1
acres of the subject property.
2. Submit grading plans and a soils report to the City of Fresno Planning and Development
Department for verification prior to Final Map approval (Reference: Sections 12-1022
and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of
any required walls and indicate the proposed width of required landscape easements or
strips. Approval of the grading plan is required prior to Final Map approval.
3. At the time of Final Map submittal, the subdivider shall submit engineered construction
plans to the City of Fresno Public Works, Public Utilities, and Planning and Development
Departments for grading, public sanitary sewer system, public water system, street
lighting system, public streets, and storm drainage, including other technical reports and
engineered plans as necessary to construct the required public improvements and work
and applicable processing fees.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
Neverber 16;2045
Page 2
4. Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved, the
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated
to the City of Fresno. Public utility easements beyond the limits of the Final Map, but
required as a condition of development, shall be acquired at the subdivider's cost and
shall be dedicated by separate instrument at the time of Final Map approval. The
relocation of existing utilities necessitated by the required public improvements shall be
paid for by the subdivider. The subdivider is responsible to contact the appropriate utility
company for information.
6. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No.
68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard
Specifications, 2002 Edition, and any amendments thereto.
7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for
street improvements and other grading and construction; street trees, street signs, water
and sewer service, and inspections in accordance with the City of Fresno Master Fee
Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State law
as related to vesting tentative maps.
8. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall
complete all the public improvements prior to the approval of the Final Map by the City.
If, at the time of Final Map approval, any public improvements have not been completed
and accepted in accordance with the standards of the City, the subdivider may elect to
enter into an agreement with the City to thereafter guarantee the completion of the
improvements.
9. As a condition of Final Map approval, the subdivider shall furnish to the City a
subdivision guarantee listing all parties having any right, title or interest and the nature of
their interest per State law.
10. Relinquish access rights to and along the San Joaquin River from all proposed streets
and/or lots. The required vista point may have access to the required multipurpose trail.
11. Relinquish access rights to North Josephine and North Thiele Avenues from all
residential lots which abut these streets, with the exception of the southern property line
of lot 50. Ref. Section 12-1011-f-3 of the Fresno Municipal Code.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
NevembeF46T24G5
Page 3
12. Relinquish access rights to the streets and/or open space along the following property
lines:
Lot 1: The northern property line.
Lot 3: The northern property line.
Lot 48: The southern property line.
Lot 86: The southern and western property lines and the southern 65 feet of the
eastern property line.
Lot 87: The southern property line.
Lot 123: The southern property line.
Lot 124: The northern property line.
Lot 126: The southern property line.
Lot 196: The western property line.
Lot 197: The eastern property line.
Lot 211: The northern property line.
13. Prior to final map approval, the owner of the subject property shall execute a Right to
Farm covenant with the City of Fresno. Said covenant is to run with the land and shall
acknowledge and agree that the subject property is in or near agricultural districts
located in the County of Fresno and Madera and that the residents of said property
should be prepared to accept the inconveniences and discomfort associated with normal
farm activities. The ARight to Farm@ covenant shall be recorded prior to or concurrent
with the recording of the Final Map of Tentative Tract No. 5358/UGM.
14. Prior to final map approval, the owner of the subject property shall execute a covenant
with the City of Fresno, which shall include the appropriate language in the deed
restrictions for those lots adjacent to and or near the Riverside Municipal Golf Course
that will protect and indemnify the city and the operator of the golf course from litigation
and damage claims resulting from golf course activities (i.e. errant golf balls, lighting,
etc.). Said covenant is to run with the land. The covenant shall be recorded prior to or
concurrent with the recording of the Final Map of Tentative Tract No. 5358/UGM.
Landscaping and Walls
15. Pursuant to Section 12-1011-f-3 of the FMC the developer/owner shall provide a 10-foot
landscape easement (and irrigation system) along the property lines of lots which back-
onto North Josephine and North Thiele Avenues.
16. Outlots "C" and T" on Exhibit A dated ' ` " ' ' shall be used
for landscaping and recreational purposes only and shall be maintained by
developer/sum% a homeowner's association.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
Page 4
17. The portion of the parcel which is below the ordinary low water mark of the San Joaquin
River shall be dedicated to an appropriate agency (City, State, or public trust) to be
retained in its natural state and preserved as open space.
18. Pursuant to 2025 Fresno General Plan Exhibit 9 and Policies E-15-a, E-15-b, E-15-h, E-
15-i and E-15-x, F-14-b, F-14-e, F-14-f and in accordance with policies contained in the
1990 Master Multi-Purpose Trails Manual, within the limits of the tract, the
developer/owner shall improve and dedicate appropriate improvements or provide
appropriate security for a bicycle/pedestrian trail with equestrian accommodation along
the San Joaquin River prior to final map approval. The trail shall be on the top of the
bluff (per the Bullard Community Plan, 2025 Fresno General Plan and the Master Multi-
purpose Trails Manual) and shall be deeded to the City of Fresno for public trailway
purposes. The dedication shall be depicted on all future maps and shall comply with all
city standards, policies, and regulations. The trail plans must be approved by the Public
Works and City and Planning Departments.
19. In accordance with Policy G-14-d of the 2025 Fresno General Plan, the San Joaquin
River's wildlife corridor is to provide land and water areas parallel to the river. Thus,
provide a width of 200 feet of riparian vegetation. In areas where 200 feet of riparian
vegetation no longer exists along the river bank, a 200 foot or wider band of native
plants shall be reestablished, to the maximum extent feasible from topologic and
hydrologic standpoints. Consideration for exceptions may be given where the minimum
width of the corridor is infeasible due to topography, hydrology, or other constraints. In
those instances, an offsetting expansion is recommended on the opposite side of the
river. Where steep bluffs drop directly into or close to the river, incorporate the bluff face
into the wildlife corridor. In addition, according to the letter from the United States
Department of the Interior, Fish and Wildlife Service dated August 31, 2005, it is
stressed that a minimum 100 foot or wider buffer around elderberry plants are necessary
for avoidance. Thus, the 200 foot or wider buffer of Policy G-14-d of the 2025 Fresno
General Plan may include the 100 foot or wider buffer, or other distance as determined
by the United States Department of the Interior, Fish and Wildlife Service, however the
required must be located a minimum of 100 feet from the elderberry bush.
20. Pursuant to Policy 5.2 (Vista Point Standards) of the Bullard Community Plan, the
developer/owner shall construct and dedicate appropriate improvements or provide
appropriate security for a vista point within the limits of the map (Outlot B). The outlot
shall be deeded to the City of Fresno for public access purposes and shall be reviewed
and approved for design and location by the Planning and Development Department.
The design shall be compatible with the designs contained in the Bullard Community
Plan. The dedication shall be depicted on all future maps and shall comply with all city
standards, policies, and regulations. In addition, the outlot shall provide access to the
required trail.
Conditions of Approval
Vesting Tentative Tract Map No. 53581UGM
Never F 16, 2005
Page 5
21.. The vista point shall be no less than the minimum lot size of the underlying zone district.
In no case shall the lot be less than 6,000 square feet in area and have less than 60 feet
of frontage on the bluffs.
22. The vista point shall have local street access and shall provide a minimum of five off-
street parking spaces.
23. The vista point shall be landscaped using materials similar to those found in the setting,
with an emphasis on low water use species, and the following conditions:
a. Trees exceeding 15 feet in height at maturity are prohibited within 50 of the bluff
edge.
b. Ground cover shall be treated soil, aggregate, or low-lying vegetation.
c. An irrigation system shall be installed to adequately maintain the landscaping.
d. The vista point shall be graded away from the bluffs and proper erosion control
measures instituted.
e. Each site shall contain at least two benches placed near the bluff edge.
f. Each site shall contain a trash enclosure.
g. A low profile wooden sign six inches by 18 inches with the words "Vista Point" shall
be placed at the site entrance.
h. The requirement4or protWive-fencft-aloN-Ihe bkiff edge,shall badete+mnW by
t% Diracter; dependWj—Gm1he-&p&of the bIkU WheFe-r"uir,&d,-the femme-shali
not exceed-four and call twe wrought iter►or-Gth r-material-whIGh
i. Street lighting shall be provided according to city requirements on the street leading
to the vista point. Within the site, lighting shall be limited to low, hooded light
standards for safety.
24. As indicated in the survey conducted by Live Oak Associates dated April 21, 2005 and
June 2, 2005, several elderberry shrubs were identlfied along the San Joaquin River
Bluff face. Elderberry shrubs are the host plant for the valley elderberry longhorn beetle
(Desmocerus californicus dimorphus), which was listed as an endangered species by
the United States Department of the Interior in September of 1980. The study lists
several mitigation measures to avoid disturbing the host plant. However, given that the
valley elderberry longhorn beetle is identified as an endangered species, written
approval from the United States Fish & Wildlife Service will be required prior to the
recordation of the final map, in addition to all measures identified in the two reports
completed by Live Oak Associates, Inc.
25. The developer shall provide access to and along the San Joaquin River from the
subdivision site in accordance with Government Code Section §§ 66400, et seq.
Conditions of Approval
Vesting Tentative VI
1entative Tract Map No. 5358/UGI
NOVeMbOF 165, 2005
77
Page 6
26. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant
to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the
rear of the required 10-foot landscape easement along North Josephine and North
Thiele Avenues. Construction plans for required walls showing architectural appearance
and location of all walls shall be submitted to the Planning and Development Department
for review prior to Final Map approval. This wall and landscape easement shall continue
east along the northern property line of proposed Lot 1 and the southern property line of
proposed Lot 48. Corner cut-offs shall also be provided as specified below.
27. Provide a corner cut-off area at the intersection of North Thiele and North La Paz
Avenues; North Thiele Avenue and Outlot I, and North Josephine Avenue and OUtlot I,
in accordance with Section 12-306-H-3-d of the FMC. Corner cut-offs are established to
provide an unobstructed view for vehicular and pedestrian traffic approaching an
intersection. They are a triangular area formed by the property lines and a diagonal line
adjoining points on the property lines, measured a specific distance from the point of
their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-
off area shall be landscaped (including an irrigation system), and may be included within
the City's Community Facilities District, unless within a required homeowner's
association.
28. The developer shall install a six foot high fence/wall along the northerly property lines of
all proposed residential parcels which abut the San Joaquin River Bluff in order to
prohibit access to the bluff face.
29. Provide a "gated entry" detail to the City of Fresno Public Works and Fire Departments
and Department of Public Utilities Department, Solid Waste Division for review and
approval prior to submittal of the final map.
30. 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.
Planned Development (Conditional Use Permit Application No. C-04-246)
31. All landscaping within the limits of Conditional Use Permit Application No. C-04-246,
including the landscape strip along North Thiele and North Josephine Avenues, shall be
maintained by the �aaveloner/subdivider ora homeowner's association.
32. The property owner/developer shall create a homeowner's association it provide an
.I[ a 111,1P .�r appropriate
secunty ana is deemea acceptanle to boat the City of Fresno Uevelopment 'and
Resource Management and Public Works Departments for the maintenance of the
landscape areas and proposed private streets, utilities and walls/gates (all Outlots within
Conditions of Approval
Vesting Tentative Tract Map No. 53581UGM
Navembw '
2005
Revised Ju r�
, _}r; ,5n
Page 7
the planned development, including the landscape areas along the rear of the homes
along North Thiele and North Josephine Avenues). The proposed Declaration of
Covenants, Conditions, and Restrictions (CC&R's) and the ,proposed instruments for the
homeowners association re?,pez;rive for an nitern3- tivo rrt�inrr nark:
assurance mechanis shall be submitted to the Planning and Development Department
for review two weeks prior to final map approval. Said documents shall be recorded with
the final map or alternatively submit recorded documents or documents for recording
prior to final acceptance of subdivision improvements. Said documents shall include
assignment of responsibility to the homeowners association or deaeloperlsubdivider for
landscaping and other provisions as stated in the Planning and Development
Department Guidelines for preparation of CC&R's dated January 11, 1985.
33. 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.
Conventional Subdivision Portion
34. Maintenance of the required landscape easements, streets, curbs and gutters,
sidewalks, medians, and street furniture may be the responsibility of the City's
Community Facilities District. Contact the Public Works Department, Engineering
Services Division, at (559) 621-8695 for information regarding the City's District. The
property owners may petition the City for annexation to the City's District prior to final
map approval. If approved by City Council, the following features may be maintained by
the Community Facilities District:
a- Maintenance of all required landscape easernents, streets, curbs and nutters,
sidewalks, medians, and street furniture shall be provided in accordance with the
attached Public Works Department, Traffic and Engineering Services Division
memorandum dated Decembef 23,AW5 November 16, 2012:
a- LandsGa4�ing acid-irNatior, systems as approved- 4y- tk-�& Parks Department at the
fGI-lowmg tacatiens.
WittuR the street-easemEmtsr(secluding a diary-ko-eentef14)&) and the tandsc4pe
easement along the property tines-that sidecar back-onto North Th efe-Aveoue.
b- AR- laoal streets; -ourb& and gutters, sidewakk&, medians and street #urniture as
approved by-the Prltak►s Wefk 6 Department within the may o the(nap;
G_ AW curlas-and-gutters; skiwalks; mens, street f4r'e4tufG-and-street{t0 Gen taflf(e)
within North Thiele Avenue and No4h Riverside-CGuntry—Chd)- Drive-as approved by
the-Public Works-Department a+or�q the-r►rap ffon age-
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
NevembeF
2905
,Revised June26, 201{
Page 8
d. All strut-tigh4s as approved by the Public, Works Department within the boundary of
tlhe'rnap;
35. If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District, he/she shall be required to provide the City of Fresno, Department of
Public Works, with copies of signed acknowledgments from each purchaser of a lot
within the subdivision, attesting to the purchasers understanding that the lot will have an
annual maintenance assessment and that he/she is aware of the estimated amount of
the assessment. The developer/subdivider shall execute and record a covenant on each
lot providing notice that the subject property is subject to annual payment of the
Community Facilities District assessment.
36. Should the City Council not approve the annexation of any or all of the maintenance
items listed above, then the property owner/developer shall create a homeowner's
association for the maintenance of these items and proposed private streets, utilities,
and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions
(CC&Rs) and the proposed instruments for the homeowners association shall be
submitted to the Planning and Development Department for review two weeks prior to
final map approval. Said documents shall be recorded with the final map or alternatively
submit recorded documents or documents for recording prior to final acceptance of
subdivision improvements. Said documents shall include assignment of responsibility to
the homeowners association for landscaping and other provisions as stated in the
Planning and Development Department Guidelines for preparation of CC&Rs dated
January 11, 1985.
37. 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.
Lot Dimensions
38. Pursuant to Section 12-211.5-13 of the FMC, all parcels within the R-1 zone district must
provide the following minimum standards:
Width
Interior lots: 60 feet
Corner lots: 65 feet
Reversed corner lots: 70 feet
Curved/cul-de-sac lots: 40 feet
Depth
Lots facing local streets: 100 feet
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
Nova aber 16, 2005
Revised JIi3 ie 26, 201"+
Page 9
Building Setbacks
39. Building setbacks shall be in accordance with the R-1/BP/UGM zone district as shown
on Exhibit A of Vesting Tentative Map Tract No. 5358/UGM dated November 16, 2005,
and the provisions of Section 12-211.5-E and Section 12-243 of the Fresno Municipal
Code, unless otherwise noted in these conditions.
Bluff Preservation Overlay District Requirements
40. Pursuant to Section 12-243.3—M-1 of the FMC, prior to Final Map approval, a Soil
Investigation and Evaluation Report to determine geologic impact standards necessary
to mitigate geological and soils hazards shall be made and certified by the engineer
preparing the report and grading plan, pursuant to Section 12-1022(e) of the FMC.
41. Pursuant to Section 12-243.5-B-4 of the FMC, no grading shall be permitted within the
River Bluff Influence Area without prior approval by the Planning and Development
Department Director of a Zone III Soils Study submitted and prepared in accordance
with Section 12-1022 (e). The Zone II study is required prior to final map approval.
42. No grading of the bluff face shall be permitted without a grading deviation approval by
the City Council.
43. Before any building or structure is erected or any grading is commenced on any property
in the BP (Bluff Preservation) zone district, a site plan review application shall be
approved by the Planning and Development Director.
44. Streetlights and all exterior lighting shall be directed away from the river bottom.
45. The design and orientation of structures, walls, and fences shall be in keeping with the
natural character of the Bluffs.
46. No storm water runoff or any other drainage or runoff resulting from development shall
be permitted to drain over the Bluff Face.
47. No swimming pool or decorative pool shall be constructed without approval by the
Director of a drainage system for the pool which causes drainage away from the Bluff
Face and prevents any drainage over the Bluff.
Information
48. 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.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
Nevember 16, 2005
Page 10
49. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
50. 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 FMC Chapter 12, Article 10, Subdivision of Real Property.
51. 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 FMC.
52. Vesting Tentative Tract Map No. T-5358/UGM is subject to City Council approval of
Rezone Application No. R-04-93.
53. Conditional Use Permit Application No. C-04-246, filed to establish a 144 lot, planned
development for the southern 29.1 acres of the subject site shall be approved prior to
final map approval.
54. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
55. If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted (business hours: (559) 268-0109; after hours the contact phone number is
(559) 488-3111 for the Fresno County Sheriff's Department). If remains or other
archaeological material is possibly Native American in origin, the Native American
Heritage Commission (phone number (916) 653-4082) shall be immediately contacted,
and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of
recognized archaeologists.
56. 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.
57. If animal fossils are uncovered, the Museum of Paleontology at the University of
California, Berkeley shall be contacted to obtain a referral list of recognized
paleontologists. An assessment shall be conducted by a paleontologist; if the
paleontologist determines the material to be significant, a recommendation shall be
made to the City as to any further site investigation or preservation measures.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November-4 ,2405
P4 . ,{a
Page 11
58. 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.
d. The application shall be filed prior to the approval of the Final Map(s) by the City
and shall be accompanied by a fee in an amount specified in the Master Fee
Resolution for each separate lot, parcel, or interest into which the original assessed
lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to
pay all costs of the City and the Engineer of Work responsible for determining the
initial assessment in making the requested apportionment.
59. 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.
60. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The
method of collection to be utilized in this tract shall be subject to approval of the Solid
Waste Manager(see below-noted conditions).
PARK SERVICE
61. Comply with the memorandum from Nancy Morrison of the Public Works Department
dated November 16, 2004.
Conditions of Approval
Vesting Tentative Tract Map No. 5358IUGM
i�vLzm vor-44,-2405
..'11 S i
Page 12
Urban Growth Management Requirements
62. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the
time of Final Map approval. Fee payment may be deferred until time of building permit
issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC.
FIRE SERVICE
63. This project is within three miles from Fire Station No. 14, located at the northwest
corner of North Polk and West Swift Avenues.
64. Provide residential hydrants and fire flows per Public Works Standards with two sources
of water.
65. Comply with the memorandum from the Fire Department dated January 19, 2005.
Urban Growth Management Requirements
66. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the
time of final map approval. This site is currently within a non-designated fee area.
SOLID WASTE SERVICE
67. The owners, lessees or other tenants of the residential dwellings on service day, before
6:00 a.m., shall place their solid waste containers at the edge of the curb approximately
four feet apart and shall not block any vehicle accesses in accordance with the City of
Fresno's Solid Waste Management Division Standards.
68. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste
container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m.
on the collection day.
69. Property owners will receive three containers to be used as follows: one gray container
for solid waste, one green container for green waste, and one blue container for
recyclable material.
70. Comply with the memorandum from the Solid Waste Division Date November 30, 2004.
Note that entrances/exits gates must provide a minimum clearance of 18 feet on side.
STREETS AND RIGHTS-OF-WAY
71. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
FMC and the State Subdivision Map Act.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November
1. 26, 20 t i
Page 13
72. The subdivider shall make provisions for disabled persons in accordance with the
Department of Public Works standards and as required by State law. Handicap access
ramps are required to be constructed in sidewalks at all corners within the limits of the
tract. Where street furniture is located within the sidewalk area (fire hydrants,
streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to
satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian
easement to accommodate for the 4-foot minimum unobstructed path requirement.
73. All of the required street improvements shall be constructed and/or installed in
accordance with the City of Fresno Standard Specifications (2002 Edition). The
following shall be submitted as a single package to the Pubic Works Department for
review and approval:
a. Signing and striping plans (per current California Department of Transportation
standards);
b. Street Construction Plans; and,
c. Landscape and irrigation plans (median island and street trees within all
parkways).
74. The subdivider shall underground all existing off-site overhead utilities and proposed
utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78-
522, 88-229.
75. The subdivider shall construct an underground street lighting system per Public Works
Standards within the limits of the tract. Spacing and design shall conform to Public
Works Standards for collector and local streets. Height, type, spacing, etc., of standards
and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and
88-229 or any modification thereto approved by the City Traffic Engineer prior to Final
Map approval. Upon completion of the work by the subdivider and acceptance of the
work by the City, the street lighting system shall be dedicated to the City. Submit
engineered construction plans to the Public Works Department for approval.
76. All dead-end streets created by this subdivision shall be properly barricaded in
accordance with City standards within seven days from the time the streets are surfaced
or as directed by the Engineer.
77. 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.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
NevembeF16-2005
Page 14
78. Comply with the memorandum from the Public Works Department, Engineering Division
dated December 2, 2004 and February 4, 2005.
General Conditions
79. Provide handicap access ramps at all corners within the limits of this subdivision.
80. Underground all existing offsite overhead utilities with the limits of this map in
accordance with FMC Section 12-1011, 8-801 and Resolution No. 78-522/88-229.
81. Submit the following plans, as applicable, in a single package, to the Public Works
Department for review and approval: Street Construction, Signing, Striping, Traffic
Signal, Streetlight, Landscape and Irrigation.
FRONTAGE IMPROVEMENT REQUIREMENTS:
North Josephine Avenue: Local Street
82. Dedicate 30-36 feet of property on the north side and 21 feet of property on the south
side, (measured from center line) for public street purposes within the limits of this
subdivision to meet the current City of Fresno Local Standards.
83. Construct 20 feet of permanent paving (north side) and 16 feet of permanent pavement
(south side) within the limits of this subdivision. Additional paving shall be required to
accommodate a eastbound left turn lane at Riverside Country Club Drive.
84. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
85. Construct an underground street lighting system to Public Works Standard E-2 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard E-
9 for Local Streets.
86. Relinquish direct vehicular access rights to Josephine Avenue from all lots and outlots
within this subdivision.
North Riverside Country Club Drive: Local Street
87. Dedicate 60-72 feet of property, for public street purposes within the limits of this
subdivision to meet the current City of Fresno Standards (72 feet for the first 150 feet
then 100 feet of transition back to 60 feet).
88. Provide a 30 feet curb radius at the northwest corner of Riverside Country Club Drive
and Josephine Avenue.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
N v amber-1&2095
Page 15
89. A corner cut dedication is required.
90. Construct 20 feet of permanent paving (west side) and 16 feet of permanent pavement
(east side) within the limits of this subdivision. Additional paving shall be required to
accommodate a southbound left turn lane at Josephine Avenue.
91. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
92. Construct an underground street lighting system to Public Works Standard E-2 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard E-
9 for Local Streets.
North Thiele Avenue: Local Street
93. Dedicate 30 feet of property on the east side and 21 feet of property on the west side,
(measured from center line) for public street purposes within the limits of this subdivision
to meet the current City of Fresno Local Standards.
94. Construct 20 feet of permanent paving (east side) and 16 feet of permanent pavement
(west side) within the limits of this subdivision.
95. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
96. Construct an underground street lighting system to Public Works Standard E-2 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard
E-9 for Local Streets.
97. Relinquish direct vehicular access rights to Thiele Avenue from all lots and outlots within
this subdivision.
INTERIOR STREETS
98. Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-
sacs, and underground street lighting systems on all interior local streets to Public Works
Standards. Sidewalk patterns shall comply with Public Works API Standards for fifty
(50) foot streets.
99. Any temporary dead-end streets created by this subdivision shall be properly barricaded
in accordance with the Pubic Works Standard P-44.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November--�,-2805
Page 16
Specific Mitigation Requirements:
100. This tract will generate 173 a.m. / 233 p.m. peak hour trips, therefore, a Traffic Impact
Study (TIS) is required to comply with the mitigation measure requirements of the 2025
General Plan circulation element. A project trip generation and trip trace study has been
submitted on August 17, 2004.
101. The first order of work shall include a minimum of two points of vehicular access to the
major streets for any phase of this development.
North Thiele Avenue: Local
102. Provide a paved temporary turn around at the north end.
103. The intersection shown at Thiele/Josephine does not line up. Redesign and additional
dedications for street rights of way will be required. Provide additional information
including all four corners and resubmit.
North Riverside Country Club Drive: Local
104. Provide a cul-de-sac per Public Works Standards at the north end. Provide additional
information
105. Due to the "excessive length" of this block construct bulb-outs and raised concrete
medians (choker) directly across proposed lots 79 and 80 and 72 and 73.
106. Curbside parking shall be prohibited on the southerly 150 feet for visibility. This shall be
disclosed to all potential buyers of the southerly two lots of said street.
North Bryan Avenue: Collector
107. Provide an additional 12 feet of paving for 100 feet to accommodate for a southbound
right turn lane on Bryan at Herndon.
Urban Growth Management Requirements
108. This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees.
North Bryan Avenue:_Collector
109. Dedicate and construct two 18 foot center section travel lanes from the southeast
boundary of this map south to Herndon. Dedication shall be sufficient to accommodate
additional paving and any other grading or transitions as necessary based on a 55 MPH
design speed.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
e 2r5, 201:'
Page 17
110. Install a signal pole with a 150-watt safety light to Public Works Standards at the
northwest corner of Riverside Country Club Drive /Bryan and (Spruce/Josephine)/Bryan.
111. Signalize the intersection of Bryan and Herndon (at the ultimate location) complete with
actuation, signal pre-emption and left turn phasing.
SANITARY SEWER SERVICE
112. The following sewer improvements shall be required prior to providing City sewer service
to the project:
The following off-site sanitary sewer main extensions are required:
113. Construct a 12-inch sanitary sewer main in North Bryan Avenue from West Herndon
Avenue north to Josephine Avenue.
114. Construct an eight-inch sanitary sewer main in North Riverside Country Club Drive from
Josephine Avenue north across the frontage of the development.
115. Construct a 10-inch sanitary sewer main in Josephine Avenue from North Bryan Avenue
west to North Thiele Avenue.
116. Construct a 10-inch sanitary sewer main in North Thiele Avenue from Josephine Avenue
north across the frontage of the development.
117. Sewer mains shall be constructed within the tract as delineated by the City's preliminary
sewer review plan to service each lot created.
118. Separate sewer house branches shall be provided for each lot created.
119. All public sewer facilities shall be constructed in accordance with Department of Public
Works standards, specifications, and policies.
120. Abandon all existing on-site private sewer septic systems in accordance with City
standards, specifications, and policies.
121. Engineered improvement plans prepared to City Standards by a Registered Civil
Engineer are required for proposed additions to the sanitary sewer system.
122. A preliminary sewer design plan layout shall be prepared by the Developer's Engineer
and submitted to the Department of Public Utilities for review and conceptual approvals
prior to submittal or acceptance of the developers final map and engineered plan &
profile improvement drawings for City review.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
Nevembw 16, 2005
P;=v sed June 26. 20,1:3
Page 18
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
Sewer Lateral Charge
Oversize Sewer Area: #19
Trunk Sewer Charge: Herndon
Wastewater Facilities Charge (Residential Only)
WATER REQUIREMENTS
123. The following water improvements shall be required prior to providing City water service
to the project:
The following off-site water extensions (including installation of City fire hydrants) are
required:
124. Construct a 14-inch water main in North Bryan Avenue from West Herndon north to
Josephine Avenue.
125. Construct a 14-inch transmission grid water main in Josephine Avenue from North Thiele
Avenue east and connect to the existing 14-inch main in West Spruce Avenue.
126. Construct a 14-inch transmission grid water main in North Thiele Avenue from Josephine
Avenue north across the frontage of the development.
127. Construct an eight-inch water main in North Riverside Country Club Drive from
Josephine Avenue north across the frontage of the development.
128. Water mains (including installation of City fire hydrants) shall be constructed within the
tract to service each lot created.
129. Separate water services with meter boxes shall be provided to each lot created.
130. Installation(s)of public fire hydrant(s)are required in accordance with City Standards.
131. 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.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
NevembeF46;-2995
revised June 26 :`n'
Page 19
132. Public water facilities shall be constructed in accordance with the Department of Public
Works standards, specifications, and policies.
133. Seal and abandon existing on-site well in compliance with per the State of California
Well Standards, Bulletin 74-90 or current revisions issued by California Department of
Water Resources and City of Fresno standards.
134. Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the City Water System.
Water Fees
The following Water Connection Charges and fees shall be paid for the project:
Wet-tie(s) and meter(s) installations to be performed by the City Water Division
Frontage Charge
Transmission Grid Main Charge
Transmission Grid Main Bond Dept Service Charge
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
135. 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.
136. The developer will be responsible for the relocation or reconstruction of any existing
improvements or facilities necessary to construct any of the required UGM
improvements.
Right-of-Way Acquisition
137. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
138. 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.
139. 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.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
Rt -..
Page 20
The developer/owner should contact the Real Estate Section of the Public Works
Department to receive procedural guidance in such acquisitions.
140. 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.
141. 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
142. The subdivider shall be required to comply with the specific requirements imposed by
the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any
amendments or modifications to those requirements which may be granted by the
FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code.
These requirements are identified in the District's letter to the Planning and Development
Department dated December 8, 2004.
143. Any temporary ponding basins constructed or enlarged to provide service to the
subdivision shall be fenced in accordance with City standards within seven days from
the time the basin becomes operational or as directed by the City Engineer. Temporary
ponding basins will be created through a covenant between the City and the Developer
prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the
Developer until permanent service for the entire subdivision is provided.
FRESNO IRRIGATION DISTRICT
144. The Fresno Irrigation District does not own, operate nor maintain any facilities on the
subject property.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
145. The developer/owner shall comply with the requirements in the letter from the San
Joaquin Valley Air Pollution Control District dated November 4, 2004.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
2995
Page 21
CENTRAL UNIFIED SCHOOL DISTRICT
146. The developer/owner shall comply with the requirements in the letter from the Central
Unified School District dated February 1, 2005, which includes providing a bus bay.
COUNTY OF FRESNO, DEPARTMENT OF COMMUNITY HEALTH
147. The developer/owner shall comply with the requirements in the letter from the County of
Fresno, Department of Community Health dated November 12, 2004.
PACIFIC GAS AND ELECTRIC COMPANY
148. The developer/owner shall comply with the requirements in the letters from the Pacific
Gas and Electric (PG&E) Company dated February 1, 2005 and October 27, 2005. Note
that PG&E limits the height and location of structures, shrubs, Fences, etc. within the
existing easement.
SAN JOAQUIN RIVER BLUFF ACCESS
149. In letters from the San Joaquin River Parkway and Conservation Trust, Inc. dated
December 6, 2004, and the California State Lands Commission dated November 30,
2004 and March 10, 2005, the agencies stress maintaining access to the San Joaquin
River. Given the site's proximity to the river, the applicant shall provide access to the
river in a form acceptable to the city and the State Lands Commission prior to submittal
of the final map. Access shall be provided In accordance with the Government Code
Section §§ 66400, et seq., and in a form acceptable to the California State Lands
Commission and the city.
CULTURAL RESOURCES STUDY
150. Given the sites proximity to the San Joaquin River, which is considered sensitive for
cultural resources, the applicant shall contact City officials and/or a qualified
archaeologist immediately should any materials be discovered.
CALTRANS
151. Consider the letters from Caltrans dated February 23, 2005 and March 8, 2005.
DEVELOPMENT FEES AND CHARGES
This project is subject to the following fees and charges:
SEWER CONNECTION CHARGES FEE RATE
1. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth)
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
Page 22
2. Oversize Charge $0.05/sq. ft. (to 100' depth)
3. Trunk Sewer Charge $419/living unit
Service Area: Grantland
4. Wastewater Facilities Charge $2,119/living unit
5. Copper Avenue Sewer Lift Station Charge n/a
6. Fowler Trunk Sewer Interim Fee Surety n/a
7. House Branch Sewer Charge n/a
8. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE RATE
9. Service Connection Charge:
Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and
Meter(s) established by the Master Fee Schedule.
10. Frontage Charge $6.50/lineal foot
11. Transmission Grid Main Charge $643/net acre
12. Transmission Grid Main Bond Debt
Service Charge $243/net acre
13. UGM Water Supply Fee $407/living unit
Service Area: 201-S
14. Well Head Treatment Fee $0
Service Area: 201
15. Recharge Fee $0
Service Area: 201
16. 1994 Bond Debt Service $0
Service Area: 201
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
NevembeF 16, 95
Page 23
DEVELOPMENT IMPACT FEE
17. Northeast Fresno Policing Area n/a
18. Traffic Signal Charge n/a
URBAN GROWTH MANAGEMENT FEE RATE/CHARGE*
19. UGM Fire Station Capital Fee $547/gross acre
Service Area: 14
20, UGM Park Fee $2,459/gross acre
Service Area: 5
21. Major Street Charge $2,798/adj. acre
Service Area: C/D-2
22, Major Street Bridge Charge $94/adj. acre
Service Area: C-D-2
23. Traffic Signal Fee $478/living unit
24. UGM Grade Separation Fee n/a
25. Trunk Sewer Charge n/a
Service Area:
26. *Street Acquisition/Construction Charge n/a
KAMaster Files-Tract MapsV 5300 to 5399 mapsMact 5358 Arnoldo Rodriguez(R-04-93&C-04-246)\PC,CC COA's\PC on Nov.16\COA-T-5358-
Nov. 16,2005.doc
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
NOVEMBER 16, 2005
CONDITIONAL USE PERMIT APPLICATION NO. C-04-246
PART A- PROJECT INFORMATION
1. Assessor's Parcel No: 504-130-13 and a portion of 504-050-18
2. Zone Map No: 1743
3. Job Address: Vesting Tentative Tract Map No. T-5358 and Rezone Application
No. R-04-93
4. Street Location: Northwest corner of North Josephine Avenue and North Riverside
Country Club Drive, south of the San Joaquin River bluff
5. Existing Zoning: AE-5/BP/UGM(Exclusive Five Acre Agricultural/BluffPreservation
Overlay District/Urban Growth Management)and the AE-20/UGM
(Exclusive Twenty Acre Agricultural/Urban Growth Management)
zone districts
6. Proposed Zoning: R-1/BP/UGM (Single Family Residential/Bluff Preservation
Overlay/Urban Growth Management)per Rezone Application No.
R-04-93
7. Planned Land Use: Medium density residential
8. Plan Areas: Bullard Community Plan
9. Project Description: Proposal to create a planned development,which includes gates
to restrict vehicular access, private streets, reduced lot sizes and
setbacks, and common open space for 144 of the proposed 230
lots of Vesting Tentative Tract Map No. 5358.
PART B- GENERAL CONDITIONS AND REQUIREMENTS
The Planning Commission on November 16, 2005, approved the special permit application subject
to the enclosed list of conditions and Exhibits A, E-1, E-2, E-3, E-4, E-5, and E-6 dated August 31,
2005.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
Page 2
An environmental assess ment/initial study was conducted and resulted in a mitigated negative
declaration, dated August 10, 2005. The mitigated negative declaration was been published in the
Fresno Bee commencing a 20-day public review and comment period on August 10, 2005.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project may be subject to a variety of discretionary conditions of approval.
These include conditions based on a-iopted City plans and policies, those determined through site
plan review and environmental assessment essential to mitigate adverse effects on the environment
including the health, safety, and welfare of the community, and recommended conditions for
development that are not essential to health, safety, and welfare, but would on the whole enhance
the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval are listed in the last section of this list of conditions under the
heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are
mandatory and may only be modified by variance, provided the findings pursuant to Fresno
Municipal Code (FMC) Section 12-405.A can be made.
All discretionary conditions of approval will ultimately be deemed mandatory unless
appealed in writing to the Planning and Development Director within 15 days.
In the event you wish to appeal the Planning Commission's decision or discretionary conditions of
approval, you may do so by filing a written appeal with the Director. The appeal shall include a
statement of your interest in or relationship to the subject property, the decision or action appealed
and specific reasons why you believe the decision or action appealed should not be upheld. Your
appeal must be filed by December 1, 2005.
Approval of this special permit shall be considered null and void in the event of failure by the
applicant and/or the authorized representative, architect, engineer, or designer to disclose and
delineate all facts and information relating to the subject property and the proposed development
including, but not limited to, the following:
1. All existing and proposed improvements including but not limited to buildings and structures,
signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the
subject property and all of the preceding which are located on adjoining property and may
encroach on the subject property;
2. All public and private easements, rights-of-way and any actual or potential prescriptive
easements or uses of the subject property;
3. Existing and proposed grade differentials between the subject property and adjoining property
zoned or planned for residential use.
Approval of this special permit may become null and void in the event that development is
not completed in accordance with all the conditions and requirements imposed on this
special permit, the Zoning Ordinance, and all Public Works Standards and Specifications.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
,ember 16, 95
Page 3
The Planning and Development Department shall not assume responsibility for any deletions
or omissions resulting from the special permit review process or for additions or alterations
to construction plan not specifically submitted and reviewed and approved pursuant to this
special permit or subsequent amendments or revisions.
No uses of land, buildings, or structures other than those specifically approved pursuant to this site
plan shall be permitted. (Include this note on the site plan.)
Transfer all red line notes, etc., shown on all original site plan exhibits(dated November 16,2005)to
the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT
AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS.
The exercise of rights granted by this special permit must be commenced by November 16, 2009
(four years from the date of Planning Commission approval). There is no exception.
To complete the back-check process for building permit relative to planning and zoning
issues,submit eight copies of this corrected,final site plan, together with six copies of the
elevations, landscape, and irrigation plans, and any required covenants and/or studies or
analyses to the Planning Division, Current Planning Section, for final review and approval,
ten days before applying for building permits.
Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the
Planning Division must be substituted for unstamped copies of same in each of the four sets of
construction plans submitted for plan check prior to issuance of building permits. The final approved
site plan must also include all corrections identified in the plan check process.
Be advised that on-site inspections will not be authorized unless the final stamped approved site
plan, elevations, landscape, and irrigation plans are included in the plan check file copy.
Please call for an appointment for final sign-off for building permits following your receipt
and substitution of the four copies of the stamped,corrected, approved exhibits in the plan
check sets. Contact Arnoldo Rodriguez at (559) 621-8633 or via e-mail at
Arno[do.Rodriguez@fresno.gov to schedule an appointment.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees,
dedication, 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, reservation or exactions imposed on the development
project.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
NE)VeMbeF 16, 2 005
Page 4
This notice does not apply to those fees, dedications, reservations or exactions which were
previously imposed and duly noticed; or, where no notice was previously required under the
provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
PART C - PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and proposed
on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due
to omission or misrepresentation of information, for which this review process is dependent, will be
imposed whenever such conditions are disclosed.
Questions relating to dedications, street improvements or off-street parking lot geometrics may be
directed to David Padilla at(559)621-8798 or Greg Jenness at(559)621-8812 of the Public Works
Department, Engineering Division.
STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS
a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes,
guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash
receptacles, tree wells, etc., within the existing and proposed public rights of way.
b) Provide a minimum 4 foot wide path of travel along the public sidewalk on all frontages
of the property as required by Title 24 of the California Administration Code. An on-site
pedestrian easement may be required if Title 24 requirements can not be met within the
existing public rights of way.
c) Deed documents for the required property dedications shall be prepared by the
applicant's engineer and submitted to the Public works Department, Engineering
Division, Special Districts / Projects and Right-of -Way Section with verification of
ownershiprp for to issuance of building permits. Deed documents must conform to the
format specified by the city. Document format specifications may be obtained from the
Public Works Department, Engineering Division, Special Districts/Projects and Right of
Way Section, or by calling (559) 621-8694.
d) The construction of any overhead, surface or sub-surface and appurtenances in the
public rights-of-way is prohibited unless an encroachment permit is approved by the
Public Works Department, Engineering Division, Special Districts/Projects and Rights-of-
Way Section. Encroachment permits must be approved prior to the issuance of building
permits. Please call (559)621-8693 for additional information.
STREET IMPROVEMENTS
All improvements shall be constructed in accordance with the Standard Specifications and Standard
Drawings of the City of Fresno, Public Works Department or street construction plans required and
approved by the City Engineer. The performance of any work within the public street rights-of-way
Conditions of Project Approval
Conditional Use Permit Application No, C-04-246
Never w 16 2805
Revised JL.im:''26
Page 5
(including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by
the Public Works Department, Engineering Services Division, prior to commencement of the work.
All required street improvements must be completed and accepted by the City prior to occupancy.
For additional information you may call (559) 621-8686.
e) Repair all damaged and/or off grade off-site concrete improvements as determined by
the Public Works Department, Construction Management Division. For additional
information you may call (559) 621-5500.
f) Install sidewalk and concrete approaches to City Standard Specifications within all street
Frontages.
g) Install streetlights along all street frontages in accordance with City Standards. Plans
must be prepared by a registered Civil Engineer and must be approved by the Public
Works Department Engineering Division prior to installation.
h) Underground all existing off-site overhead utilities within the limits of this site as per FMC
Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229.
i) Provide parkway landscaping. Street trees shall be planted every 60 feet on center.
Plans shall be prepared by a landscape architect.
j) Submit the following as a single package to the Public Works Department Engineering
Division, Plan Check and GIS Mapping Section for review and approval, prior to
issuance of building and street work permits: Street Improvement Plans, Signing and
Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. For additional
information you may cali (559)621-8682.
GATED ENTRY
k) Submit a detailed gated entry design to Public Works and Fire Departments and the
Department of Public Utilities, Solid Waste Division for approval. This includes any
required or proposed on-site gates that restrict vehicular access.
SURVEY MONUMENTS AND PARCEL CONFIGURATION
1) Existing survey monuments shall be preserved and if disturbed, shall be reset by a
person licensed to practice land surveying in the State of California.
URBAN GROWTH MANAGEMENT MAJOR STREET REQUIREMENTS
The project site is located within the Major Street Zone C/D-2, Urban Growth Management(UGM)
area. Pay all fees at the time of issuance of building permits. The UGM Fee obligations for this
development will be calculated during the building plan check process, Building permits can not be
issued until the UGM requirements have been satisfied.
PART D - PLANNING/ZONING REQUIREMENTS
1) PLANNING
a) Development is subject to the following plans and policies:
i) 2025 Fresno General Plan
ii) Bullard Community Plan
iii) Planned Development (Section 12-306-N-21 of the FMC)
iv) Medium density residential planned land use
2) ZONING
a) Development is proposed in accordance with the proposed R-1lBP/UGM (Single Family
Residential/Bluff Preservation Overlay/Urban Growth Management)zone district. Approval
of the CUP is contingent upon approval of Rezone Application No. R-04-93 and Vesting
Tentative Tract Map No. 5358.
3) POPULATION DENSITY(Residential Pro*ects)
a) Contingent upon approval of Rezone Application No. R-04-93 and the medium density
residential planned land use designation, the subject property shall not be developed with
more than 4.99 to 10.97 units per acre or parcels less than 4,200 square feet in lot area per
Section 12-306-N-21 of the FMC.
4) BUILDING HEIGHT
a) The maximum allowable building height is 30 feet per Section 12-211.5-D. The proposal
is within the required height.
b) EXCEPTIONS: Overheight structure may be approved by the City Planning
Commission. However, no roof structure or any space above the height limit shall be
allowed for the purpose of providing additional living or floor space. Submit a letter
together with the filing fee to the Secretary of the Planning Commission requesting
approval.
5) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING
a) All lots shall provide a minimum front yard of 18 feet, measured from the property line to the
front of the roll-up garage door. Should a roll-up garage door not be provided,the minimum
distance shall be 20 feet.
b) Clearly identify the uses for all outlots (common open space, street, etc.). Note that all
outlots are subject to review and approval by the responsible agency. Clearly depict all
streets, including all improvements.
c) All lots shall provide a minimum rear yard of 20 feet as depicted on Exhibit A dated August
31, 2005.
d) Parcels shall provide the setbacks as depicted on Exhibit A dated August 31, 2005,which
includes street side yards of 10 feet, and key lot setbacks of eight feet.
e) The following outlots shall be landscaped and maintained by the homeowner's association;
or, the maintenance shall be provided by the developerlsubdivider and assured through art
alternative mechanism in a manner which provides appropriate security and is deemed
acceptable to both tt - City of Fresno Development and Resource Management and Public
Works Departmew :
i) Outlots C, D, E, F, G, H, and I (on map dated November 16, 2005).
f) The property owner/developer shall create a homeowner's association or provide an
;h pravides appropriate
security and is deemed acceptable to both the Gily of Fresno Development and Resource
ld Public Works Di-.-pnrlments for the maintenance of the landscape areas
and proposed private streets, utilities and walls/gates (all Outlots within the planned
development, including the landscape areas along the rear of the homes along North Thiele
and North Josephine Avenues). The proposed Declaration of Covenants, Conditions, and
Restrictions (CC&R's) and the proposed instruments for the homeowners association
resp- ,menta errl;.ili urance mechar«:, • shall be
submitted to the Planning and Development Department for review two weeks prior to final
map approval. Said documents shall be recorded with the final map or alternatively submit
recorded documents or documents for recording prior to final acceptance of subdivision
improvements. Said documents shall include assignment of responsibility to the
homeowners association or d v _,t . _;e for landscaping and other provisions as
stated in the Planning and Development Department Guidelines for preparation of CC&R's
dated January 11, 1985.
g) The number of trees will be determined by the following formula:
Section 12-306-N-24-G-3 of the FMC requires one medium sized tree (30 — 60 feet at
maturity)for each parking space, plus one medium sized tree for each residential unit. Two
small trees (15-30 feet at maturity)shall be counted as one medium-sized tree.
h) Trees shall be maintained in good health. However, trees may not be trimmed or pruned to
reduce the natural height or overall crown of the tree, except as necessary for the health of
the tree and public safety; or as may otherwise be approved by the Planning and
Development Department. (Include this note on the landscape plan.)
i) Submit landscaping plans to the Planning & Development for review and approval.
j) Landscaping must be in place before issuance of the certificate of occupancy. A Hold on
Occupancy shall be placed on the proposed development until such time that landscaping
has been approved and verified for proper installation by the Planning Division.(Include this
note on the landscape plan.)
k) Prior to final inspection, a written certification, signed by a landscape professional approved
by the Director,shall be submitted stating that the required landscaping and irrigation system
was installed in accordance with the landscaping and irrigation plans approved by the
Planning Division, Development Department. (Include this note on the landscape plan.)
1) Clearly identify all condensing units, air conditioning and heating units on the site and
elevation plans. Mechanical equipment must be screened.
m) No structures of any kind (including signs, call boxes, site maps, directional signs, etc.
unless permitted by Section 12-212.5-K-2 of the FMC)may be installed or maintained within
the above-landscaped areas. No exposed utility boxes, transformers, meters, piping
(excepting the backflow prevention device), etc., are allowed to be located in the landscape
areas or setbacks or on the street frontages of the buildings. All transformers, etc., shall be
shown on the site plan. The backflow device shall be screened by landscaping or such
other means as may be approved. (Include this note on the site plan.)
7) FENCES, HEDGES, AND WALLS
a) Temporary fences to secure projects under construction are allowed. Any temporary fence
shall be adequately secured and constructed to prevent overturning due to wind,vandalism,
and/or casual contact by the general public. The construction shall be performed in such a
manner as to minimize any potential safety hazard,which may occur as a result of improper
fence installation or damage to the fence.
b) Only those fences as shown on the site plan shall be reviewed for approval.
c) Submit a rendering depicting the fence height, design and color for review and approval.
d) Provide a six foot high concrete block wall at the rear of the landscape areas along North
Fhiele and North Josephine Avenues. Depict and label on Exhibit A.
8) ACCESS
a) Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval
for Vesting Tentative Tract Map No. T-5358/UGM dated November 16, 2005.
9) COVENANTS AND AGREEMENTS
a) The covenants, conditions, and restrictions for the owner's association shall comply with
Section 12-1026 of the Fresno Municipal Code.
b) Submit deed restrictions or covenants restricting exterior colors and construction materials to
those compatible with natural bluff environment and with the surrounding development as
required by Section 12-243.7-C of the Fresno Municipal Code.
c) Unless otherwise noted, all covenants or agreements will be prepared upon receipt of the
fee indicated below. Covenants must be approved by the City Attorney's Office prior to
issuance of building permits.
10)OUTDOOR ADVERTISING
a) Signs, other than directional signs, if applicable, are not approved for installation as part of
this special permit. Submit for a separate Master Sign Program or Sign Review Application.
Applications and requirements for submittal are available at the Planning Division's Public
Front Counter. Note that all signs,including directional signs,must be located outside of the
required landscape setbacks.
b) Signs must comply with Sections 12-212.5K-2 and 12-207.5-J-1, 2, 3 and 4 of the FMC.
c) Free-standing permanent signs identifying the development are subject to the following
conditions:
d) The number of such signs shall be limited to two single-faced or one double-faced sign for
each major entrance from a public street, or one single-faced sign for each street frontage
for multiple-family developments which have no entrances from a public street.
e) No such sign may have an area greater than forty square feet.
f) Such signs may be located at the entrance to the development or within any required front or
street side yard landscaped setback, if the sign height is five feet or less and the sign is set
back at least five feet from any street property line. The provisions of Section 12-306-N-9 of
the FMC shall apply to any signs placed within a utility or landscape easement. Signs may
be placed flush against a solid masonry or wood fence/wall, provided that the copy area of
each sign does not exceed thirty-two square feet and that no portion extends above the
fence or wall.
g) Free-standing signs placed behind any landscaped setbacks may not exceed ten feet in
height.
h) Signs may not be internally illuminated but may be floodlighted, provided floodlights do not
cast direct light on adjoining streets or properties.
i) Permanent signs with a maximum area of four square feet and a height of five feet,directing
residents or visitors to parking areas or the rental office,may be installed without issuance of
a sign permit.
j) Permanent directories with a maximum area of twenty-four square feet and a height of six
feet, showing the locations of individual units, may be installed for multiple-family
developments having an area of one-half acre or more.Any such directory under six square
feet in area or required as a condition of approval of a special permit for the development
shall be exempt from issuance of a sign permit.
k) Clearly depict and label any proposed and future signs on exhibit. Should any signs be
proposed under this conditional use permit application, provide their height, location and
area.
11)BUILDING ELEVATIONS
a) All houses in the subject planned development shall be in compliance with elevations shown
in Exhibits E-1, E-2, E-3, E-4, E-5, and E-6 dated August 31, 2005.
PART E -CITY AND OTHER SERVICES
12) FIRE PROTECTION REQUIREMENTS
a) Comply with the requirements of the attached Fire Department memorandum dated January
19, 2005.
13)TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS
a) Comply with the requirements of the attached Public Works memorandum,dated December
2, 2004 and February 4, 2005.
14)SOLID WASTE COLLECTION
a) Comply with the attached Solid Waste Management memorandum dated November 30,
2004.
b) The subject site shall be serviced by the City of Fresno, Public Utilities,Solid Waste Division,
15)PUBLIC UTILITIES REQUIREMENTS
a) Comply with the attached Public Utilities requirements memorandum, dated August 25,
2005.
16)HEALTH PROTECTION REQUIREMENTS
a) Comply with the requirements of the County of Fresno Department of Health, dated
November 12, 2004.
17) FRESNO METROPOLITAN FLOOD CONTROL DISTRICT(FMFCD)
a) Comply with the attached FMFCD memorandum, dated December 8, 2004,
18)SCHOOL FEES
a) School fees must be paid prior to issuance of building permits. (Contact Central Unified
School District.) Provide proof of payment(or no fee required)prior to issuance of building
permits.
b) Comply with the letter form Central Unified School District dated February 1, 2005.
19)SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
a) Comply with the attached San Joaquin Valley Air Pollution Control District memorandum,
dated November 4, 2004.
20)DEPARTMENT OF PUBLIC WORKS, STREET TREES DIVISION
a) Comply with the attached Department of Public Works, Street Tree Division memorandum,
dated November 17, 2004 and December 23, 2004.
21)PACIFIC GAS AND ELECTRIC COMPANY
a) The developer/owner shall comply with the requirements in the letters from the Pacific Gas
and Electric(PG&E)Company dated February 1, 2005 October 27, 2005. Note that PG&E
limits the height and location of structures,shrubs,fences,etc.within the existing easement.
22)SAN JOAQUIN RIVER BLUFF ACCESS
a) In letters from the San Joaquin River Parkway and Conservation Trust, Inc.dated December
6, 2004, and the California State Lands Commission dated November 30, 2004 and March
10, 2005,the agencies stress maintaining access to the San Joaquin River. Given the site's
proximity to the river, the applicant shall provide access to the river in a form acceptable to
the city and the State Lands Commission prior to submittal of the final map.
23)CULTURAL RESOURCES STUDY
a) Given the sites proximity to the San Joaquin River,which is considered sensitive for cultural
resources, comply with the mitigation measures as identified in the cultural resources study
conducted by Varner Associates (dated April 2005). The applicant shall contact City
officials and/or a qualified archaeologist immediately should any materials be discovered.
24)VALLEY LONGHORN ELDERBERRY BEETLES
a) As indicated in the survey conducted by Live Oak Associates dated April 21, 2005 and June
2, 2005, several elderberry shrubs were identified along the San Joaquin River Bluff face.
Elderberry shrubs are the host plant for the valley elderberry longhorn beetle(Desmocerus
californicus dimorphus), which was listed as an endangered species by the United States
Department of the Interior in September of 1980. The study lists several mitigation
measures to avoid disturbing the host plant. However, given that the valley elderberry
longhorn beetle is identified as an endangered species, written approval from the United
States Fish & Wildlife Service will be required prior to the recordation of the final map, in
addition to all measures identified in the two reports completed by Live Oak Associates, Inc.
and those contained in the letter from the United States Fish&Wildlife Service dated August
31, 2005.
25)CALTRANS
a) Consider the letters from Caltrans dated February 23, 2005 and March 8, 2005.
PART F - MISCELLANEOUS
Approval of this site plan is contingent upon the submittal of corrected site plans showing all
existing/proposed on-site conditions as reflected on all exhibits and the following:
1) Include a color and material schedule on the site plan, as well as on the elevations, for the
exterior of all buildings and structures, including the proposed maintenance room.
2) If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately. (Include this note on the site plan.)
3) 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 (Phone: 916/653-4082) shall be immediately
contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (Phone: 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. (Include this note on the site plan.)
4) If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to
obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment
and, if the paleontologist determines the material to be significant,it shall be preserved.(Include
this note on the site plan.)
All discretionary conditions of approval will ultimately be deemed mandatory unless
appealed in writing to the Planning and Development Department Director within 15 days.
City of
'Ke—RE.So Planning & Development Department
2600 Fresno Street, Third Floor Nick P.Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559)498-1012 FILE
COPY
July 14, 2006 Please reply to:
Arnoldo Rodriguez
(559) 621-8633
Harbour&Associates
375 Woodworth Ave., Ste. 103
Clovis, CA 93612
SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION AND THE FRESNO
CITY COUNCIL REGARDING REZONE APPLICATION NO. R-04-93, VESTING
TENTATIVE TRACT MAP NO. 5358/UGM AND CONDITIONAL USE PERMIT
APPLICATION NO.C-04-246 FOR APPROXIMATELY 51.48 GROSS ACRES(48.29 NET
ACRES) OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH
JOSEPHINE AVENUE AND NORTH RIVERSIDE COUNTRY CLUB DRIVE, SOUTH OF
THE SAN JOAQUIN RIVER BLUFF.
Per our previous discussions and letters (via fax), this letter is to confirm that the Fresno City Council
conducted a duly noticed public hearing on December 13, 2005 to consider Rezone Application No.
R-04-93, while the Planning Commission considered Vesting Tentative Tract Map No. 5358/UGM and
Conditional Use Permit Application No. C-04-246 on November 16,2006. These applications relate to the
proposed development of an approximately 48.29 acre single family residential subdivision. Note that the
Conditions of Project Approval,dated November 16,2005,for both the Vesting Tract Map and Conditional
Use Permit Application were previously provided to you prior to the hearing date, thus they are not
included with this letter. The conditions of approval stipulate the conditions that must be complied with in
order to finalize the tract map and outline the process for completing the conditional use permit application.
Following full and complete hearings, the Council and Planning Commission adopted the following
ordinance and resolutions, relating to the above applications:
1. ADOPTED Ordinance Bill No.2005-157(City Council)(enclosed)reclassifying approximately
51.48 gross acres (48.29 net acres) of property located on the northwest corner of North
Josephine Avenue and North Riverside Country Club Drive, south of the San Joaquin River
bluff from the AE-5/BP/UGM (Exclusive Five Acre Agricultural/8luff Preservation Overlay
District/Urban Growth Management) and the AE-20/UGM (Exclusive Twenty Acre
Agricultural/Urban Growth Management) zone districts to the R-1/BP/UGM (Single Family
Residential/Bluff Preservation Overlay/Urban Growth Management)zone district.
2. ADOPTED Resolution No. 12350 (R-04-93), 12351 (Vesting Tentative Tract Map No.
5358/UGM, and 12352(Conditional Use Permit Application No. C-04-246), all of which were
approved by the Fresno City Planning Commission at their November 16, 2005 hearing.
Please record this information for your future use. You will receive no further notice regarding these
applications. Should you have any questions relating to this matter, please feel free to contact me.
Rezone Application No. R-04-93
Vesting Tentative Tract Map No. 53581UGM
Conditional Use Permit Application No. C-04-246
July 14, 2006
Page 2
Sincerely,
PLANNING DIVISION
�Y
Arnoldo Rodriguez
Supervising Planner
K:IMASTER FRES-TRACT MAM5300 TO 5399 MAPMTRACT 5356 ARNOLDO RODRIGUEZ(R-04.93&C•04-246)1FLNAL ACTION LETTERNPKCMT FKAL ACTION LETTERMOC
Enclosures: Ordinance Bill No. 2005-157 (Rezone Application)
Recording Requested by.
City Clerk, Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk, Fresno
Space above this line reserved for Fresno County Recorder's Office
ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO
PROPOSED AND INITIATED BY
MOVED BY Calhoun SECONDED BY Perea
BILL NO. B-154
ORDINANCE NO. 2005-157
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING
THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE
ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE
FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE
CITY OF FRESNO
WHEREAS, Rezone Application No. R-04-93 has been filed with the City of Fresno by Riverfront
Ventures, LLC, property owner, to rezone property as described hereinbelow; and,
WHEREAS, the Bullard Implementation/Advisory Committee considered this application at its
meeting of November 8, 2004, and recommended approval; and,
WHEREAS, pursuant to the provisions of Article 4, Chapter 12,of the Fresno Municipal Code, the
Planning Commission of the City of Fresno held a public hearing on the 160,day of November, 2005, to
consider Rezone Application No. R-04-93 and related Environmental Assessment No. R-04-93/T-5358/C-
04-246, during which the Commission considered the environmental assessment and recommended to
the Council of the City of Fresno approval of the rezone application which proposes to amend the City's
Zoning Ordinance on real property described hereinbelow from the AE-5/BP/UGM (Exclusive Five Acre
Agricultural/Bluff Preservation Overlay District/Urban Growth Management) and the AE-20/UGM
(Exclusive Twenty Acre AgriculturallUrban Growth Management)zone districts to the R-1/BP/UGM(Single
Family ResidentiallBluff Preservation Overlay/Urban Growth Management)zone district; and,
p rliA
rr,r flue ') t_'!
Ordinance Amending Off, ' Zone Map
Rezone Application No. R-u4-93
Page 2
WHEREAS, the Council of the City of Fresno, on the 13'' day of December, 2005, received
A the recommendation of the Planning Commission.
NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the testimony and information presented at the hearing and upon review
and consideration of the environmental documentation provided,the adoption of the proposed rezoning
is in the best interest of the City of Fresno. The Council finds in accordance with its own independent
judgment that there is no substantial evidence in the record that the rezoning may have a significant
effect on the environment as identified by the Mitigated Negative Declaration dated August 10, 2005,
prepared for Environmental Assessment No. R-04-93/T-5358/C-04-246 is hereby approved.
SECTION 2. The Council finds the requested R-1/BP/UGM (Single Family Residential/Bluff
Preservation Overlay/Urban Growth Management) zone district is consistent with the medium density
residential planned land use designation of the 2025 Fresno General Plan and the Bullard Community
Plan as specified in Section 12-403-8 of the Fresno Municipal Code.
SECTION 3. The Council finds that the zone district of the real property described in attached
Exhibit A, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is
reclassified from the AE-5/BP/UGM (Exclusive Five Acre Agricultural/Bluff Preservation Overlay
DistrictlUrban Growth Management) and the AE-20/UGM (Exclusive Twenty Acre AgriculturaUUrban
Growth Management) zone districts to the R-1/BP/UGM (Single Family ResidentiallBluff Preservation
OverlaylUrban Growth Management) zone district.
SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m.on
the thirty-first day after its passage.
Y
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance
was adopted by the Council of the City of Fresno, California, at a regular meeting held on the
13th day of December , 2005, by the following vote:
Ayes: Calhoun, Duncan, Perea, Sterling, Westerlund, Dages
Noes: Boyajian
Absent: None
Abstain: None
REBECCA E. KLISCH
City Clerk
By
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By
Deputy
Rezone Application No. R-04-93
Filed by Riverfront Ventures, LLC
Assessor's Parcel No. 504-050-03, 504-050-
18 & 504-130-13
KWASTER FILES-TRACT MAPSV5300 TO 5399 MAPSWRACT 5358 ARNOLDO RODRIGUEZ(R4)4-93 3 C-04-246)1R-0493 CC ORDINANCE 81LL.DOC
Page 1 of 3
Rezone Application No. R-04-
LEGAL
-04LEGAL DESCRIPTION FOR REZONE
AE-20 TO R-1
That portion of the Government Lot 9 in Section 32, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the United States Government Township Plat, described as
follows:
BEGINNING at the Northeast corner of said Lot 9; thence South 01°51'38" East, along
the East line of said Lot 9, a distance of 110.74 feet to a point on the North line of North
Josephine Avenue right of way; thence South 79°37'18" West, along the North line of the
North Josephine Avenue right of way, a distance of 1333.85 feet to a point on the West
line of said Lot 9; thence North 01°11'26" West, along the West line of said Lot 9, a
distance of 355.98 feet to the Northwest corner of said Lot 9; thence South 89°47'07"
East, along the North line of said Lot 9, a distance of 1315.84 feet to TRUE POINT OF
BEGINNING.
Containing 7.052 acres, more or less.
SND SRL
Y J. X�
2
* P _ 1-0
i
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Page 2 of 3
Rezone Application No. R-04-
LEGAL
-04LEGAL DESCRIPTION FOR REZONE
=- AE-5 TO R-1/BP
That portion of the Government Lot 8 in Section 32, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the United States Government Township Plat, described as
follows:
BEGINNING at the Northwest corner of said Lot 8; thence North 88°49'54" East, along
the North line of said Lot 8, a distance of 504.34 feet; thence North 76°44'26" East,
continuing along the North line of said Lot 8, a distance of 821.35 feet to the Northeast
corner of said Lot 8; thence South 00°12'09" West, along the East line of said Lot 8, a
distance of 160.19 feet; thence South 64'15'13" West, a distance of 98.14 feet to the
beginning of a 300.00 foot radius tangent curve, concave Northwesterly; thence
Southwesterly, along said curve, through a central angle of 12°16'07", an arc distance of
64.24 feet; thence tangent to said curve, South 76°31'20" West, a distance of 19.42 feet;
thence South 70°37'04" West, a distance of 127.26 feet to the beginning of a 300.00 foot
radius tangent curve, concave Northwesterly; thence Southwesterly, along said curve,
through a central angle of 04°59'25", an arc distance of 26.13 feet; thence tangent to said
curve, South 75°36'29" West, a distance of 64.63 feet to the beginning of a 300.00 foot
radius tangent curve, concave Northerly; thence Westerly, along said curve, through a
central angle of 08°00'33", an arc distance of 41.94 feet; thence tangent to said curve,
South 83°37'02" West, a distance of 72.51 feet; thence South 77°31'42"West, a distance
of 51.37 feet; thence South 70°11'55" West, a distance of 46.09 feet; thence South
83°59'56" West, a distance of 70.30 feet; thence South 81°20'05" West, a distance of
96.01 feet to the beginning of a 300.00 foot radius non-tangent curve, concave
Northwesterly, a radial to said beginning bears South 30°02'57" East; thence
Southwesterly, along said curve, through a central angle of 26°12'21", an arc distance of
137.21 feet; thence tangent to said curve, South 86°09'04" West, a distance of 88.52 feet;
thence North 89°34'24" West, a distance of 206.65 feet to the beginning of a 300.00 foot
radius non-tangent curve, concave Northerly, a radial to said beginning bears South'
18'11'44" East; thence Westerly, along said curve, through a central angle of 21°43'08",
an arc distance of 113.72 feet; thence tangent to said curve, North 86°28'36" West, a
distance of 14.47 feet to a point on the West line of said Lot 8; thence North 01'l 1'26"
West, along the West line of said Lot 8, a distance of 217.86 feet to the POINT OF
BEGINNING. �O U,AND SU�,�
S
Containing 5.962 acres, more or less.
R J. DIXON
L 527
P. 2-31
S� �IN
F C AY��
Exhibit A
Page 3 of 3
Rezone Application No. R-04.9-
LEGAL DESCRIPTION FOR REZONE
AE-5 TO R-1
That portion of the Government Lot 8 in Section 32, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the United States Government Township Plat, described as
follows:
BEGINNING at the Southeast corner of said Lot 8; thence North 01°51'38" West, along
the East line of said Lot 8, a distance of 1319.99 to the East quarter corner of said Section
32; thence North 01°12'09" East, continuing along the East line of said Lot 8, a distance
of 149.42 feet; thence South 64'15'13" West, a distance of 98.14 feet to the beginning of
a 300.00 foot radius tangent curve, concave Northwesterly; thence Southwesterly, along
said curve, through a central angle of 12°16'07", an arc distance of 64.24 feet; thence
tangent to said curve, South 76°31'20" West, a distance of 19.42 feet; thence South
70°37'04" West, .a distance of 127.26 feet to the beginning of a 300.00 foot radius
tangent curve, concave Northwesterly; thence Southwesterly, along said curve, through a
central angle of 04°59'25", an arc distance of 26.13 feet; thence tangent to said curve,
South 75°36'29" West, a distance of 64.63 feet to the beginning of a 300.00 foot radius
tangent curve, concave Northerly; thence Westerly, along said curve, through a central
angle of 08°00'33', an arc distance of 41.94 feet; thence tangent to said curve, South
83°37'02" West, a distance of 72.51 feet; thence South 77°31'42" West, a distance of
51.37 feet; thence South 70°11'55" West, a distance of 46.09 feet; thence South
83°59'56" West, a distance of 70.30 feet; thence South 81°20'05" West, a distance of
96.01 feet to the .beginning of a 300.00 foot radius non-tangent curve, concave
Northwesterly, a radial to said beginning bears South 30°02'57" East; thence
Southwesterly, along said curve, through a central angle of 26°12'21", an arc distance of
137.21 feet; thence tangent to said curve, South 86°09'04" West, a distance of 88.52 feet;
thence North 89°34'24" West, a distance of 206.65 feet to the beginning of a 300.00 foot
radius non-tangent curve, concave Northerly, a radial to said beginning bears South
18°11'44" East; thence Westerly, along said curve, through a central angle of 21°43'08",
an arc distance of 113.72 feet; thence tangent to said curve, North 86°28'36" West, a
distance of 14.47 feet to a point on the West line of said Lot 8; thence South 01°11'26"
East, along the West line of said Lot 8, a distance of 1207.76 feet to the Southwest corner
of said Lot 8; thence South 89°47'07 East, along the South line of said Lot 8, a distance
of 1315.84 feet to TRUE POINT OF BEGINNING.
Containing 38.870 acres, more or less.
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City of
�s,v�, REPORT 1 U THE CITY COUNCIL
�� AGENDA ITEM NO.
COUNCIL MEETING:
December 13, 2005 APPROVED BY
FROM: NICK P. YOVINO, Director
Planning and Development Departme DEPARTMENT DIRECTOR
BY: GILBERT J. HARO, Planning age cITYMANAGER
Planning Division
SUBJECT: CONSIDERATION OF REZON APPL CATION NO. R-04-93 AND
ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT
NO. R-04-93/T-5358/C-04-246
KEY RESULT AREA w
One Fresno
RECOMMENDATION
Staff recommends the City Council take the following action: .. -'----
1. APPROVE the environmental finding of a mitigated negative declaration for Environmental
Assessment No. R-04-93[T-5358/C-04-246 dated August 10, 2005
2. APPROVE Rezone Application No. R-04-93 to rezone the subject site from the AE-5/BP/UGM
(Exclusive Five Acre AgriculturallBluff Preservation Overlay District/Urban Growth Management)
and the AE-20/UGM (Exclusive Twenty Acre AgriculturallUrban Growth Management) zone
districts to the R-1/BP/UGM (Single Family ResidentiallBluff Preservation Overlay/Urban Growth
Management)zone district.
EXECUTIVE SUMMARY
Riverfront Ventures, LLC has filed Rezone Application No. R-04-93 pertaining to approximately 51.48
gross acres (48.29 net acres) of property located on the northwest corner of North Josephine Avenue
and North Riverside Country Club Drive, south of the San Joaquin River bluff. The rezone application
proposes to reclassify the subject site from the AE-5/BP/UGM (Exclusive Five Acre AgriculturallBluff
Preservation Overlay District/Urban Growth Management) and the AE-20/UGM (Exclusive Twenty Acre
AgriculturallUrban Growth Management) zone districts to the R-1/BP/UGM (Single Family
ResidentiallB/uff Preservation Overlay/Urban Growth Management) zone district. The subject property
is planned for medium density residential land uses and is vacant. The application would bring the
subject property into conformance with the 2025 Fresno General Plan and the Bullard
Community Plan. On November 16, 2005, the Fresno City Planning Commission recommended
approval of the rezone application to the City Council. The Planning Commission also took action r
to approve related Vesting Tentative Tract Map No. 5358/UGM to subdivide the property into a 230-lot,
single family residential subdivision and Conditional Use Permit Application No. C-04-246 which
proposes a planned development, which includes gates to restrict vehicular access, private streets,
reduced lot sizes and setbacks, and common open space for 144 of the proposed 230 lots. The
planned development portion of the subdivision is bisected by two electric transmission lines, which
includes a transmission line tower. According to the land use consistency table adopted with the 2025
Fresno General Plan (and applied within all community plans), the medium density residential planned
land use designation allows 4.99 to 10.97 units per acre. Overall, the proposed subdivision density is
4.76 units per acre, which is consistent with the medium density residential planned land use
designation pursuant to Section 12-403-B-2 of the Fresno Municipal Code.
REPORT TO THE CITY COUNC� _
Rezone Application No. R-04-93
December 13, 2005
Page 2
KEY OBJECTIVE BALANCE
Council action regarding this proposed land use application optimizes the three Key Objectives of
Customer Satisfaction, Employee Satisfaction, and Financial Management. Affirmative action by the
Council will result in timely deliverance of the review and processing of the application as is reasonably
expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious
completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for
the processing of this application and that fee is, in turn, funding the operations of the Planning and
Development Department. Employee satisfaction is derived from the fact that the professional and
technical staff, who have reviewed and made a recommendation on this land use application, have done
so in a thorough and professional manner, thereby enhancing the sense of accomplishment in the
completion of the application process.
PROJECT INFORMATION
PROJECT A 230-lot, single family residential subdivision to be developed at an
overall density of 4.76 units per acre
APPLICANT Riverfront Ventures, LLC --
LOCATION Northwest corner of North Josephine Avenue and North Riverside
Country Club Drive, south of the San Joaquin River bluff
(Council District 2, Councilmember Calhoun)
SITE SIZE Approximately 51.48 gross acres (48.29 net acres)
LAND USE Existing - Vacant
Proposed - Single family residential
ZONING Existing - AE-5/BP/UGM (Exclusive Five Acre Agricultural/Bluff
Preservation Overlay District/Urban Growth
Management); and,
AE-20/UGM (Exclusive Twenty Acre
Agricultural/Urban Growth Management)
Proposed- R-1/BP/UGM (Single Family Residential/Bluff
Preservation Overlay/Urban Growth Management)
zone district
PLAN DESIGNATION The proposed R-1/BP/UGM zone district and 230-lot single family
AND CONSISTENCY residential subdivision is consistent with the 2025 Fresno General
Plan and Bullard Community Plan designation of the site for medium
density residential planned land uses
ENVIRONMENTAL Mitigated Negative Declaration filed on August 10, 2005
FINDING
PLAN COMMITTEE The Bullard Community Plan Advisory Committee recommended
RECOMMENDATION approval of the proposed project at its meeting on November 8,
2004
REPORT TO THE CITY COUNT._
Rezone Application No. R-04-93
December 13, 2005
Page 3
STAFF Approve Rezone Application No. R-04-93
RECOMMENDATION
PLANNING COMMISSION On November 16, 2005 the Planning Commission voted to recommend
RECOMMENDATION approval of the rezone application by a vote of 5 to 0, with one
Commission member absent
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
North Open Space (Multi-Use) San Joaquin River San Joaquin River
AE-5/EA/UGM
South Medium Density Agricultural Exclusive Five Acre Vacant Agricultural
Residential Minimum/Expressway Area Overlay Land
DistrictlUrban Growth Management
AE-5/1313/UGM
Open Space(Golf Exclusive Five Acre AgriculturaUBluff
East Course) Preservation Overlay District/Urban Growth Riverside Municipal
Management Golf Course
AE-5/1313/UGM
West Light Industrial Exclusive Five Acre Agricultural/Bluff Vacant Agricultural
Preservation Overlay District/Urban Growth Land -M -
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.
The proposed project 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).
Based upon the attached environmental assessment and the list of identified mitigation measures, staff
has determined that there is no evidence in the record that the project may have a significant effect on
the environment and recommends adoption of a mitigated negative declaration for this project. A
public notice of the attached mitigated negative declaration finding for Environmental Assessment
REPORT TO THE CITY COUNCI.
Rezone Application No. R-04-93
December 13, 2005 --
Page 4
Application No. R-04-93fT-5358/C-04-246 was published on August 10, 2005, and the 20-day
review period has expired with no appeals received by the Planning and Development Department.
BACKGROUND / ANALYSIS
Riverfront Ventures, LLC has filed Rezone Application No. R-04-93 pertaining to approximately 51.48
gross acres (48.29 net acres) of property located on the northwest corner of North Josephine Avenue
and North Riverside Country Club Drive, south of the San Joaquin River bluff. The rezone application
proposes to reclassify the subject site from the AE-5/BP/UGM (Exclusive Five Acre Agricultural/Bluff
Preservation Overlay Districf/Urban Growth Management) and the AE-20/UGM (Exclusive Twenty Acre
Agricultural/Urban Growth Management) zone districts to the R-1/BP/UGM (Single Family
ResidentiaUBluff Preservation Overlay/Urban Growth Management) zone district. The subject property
is planned for medium density residential land uses and is vacant. The application would bring the
subject property into conformance with the 2025 Fresno General Plan and the Bullard Community Plan.
On November 16, 2005, the Fresno City Planning Commission recommended approval of the rezone
application to the City Council.
The Planning Commission also took action to approve related Vesting Tentative Tract Map No.
5358/UGM to subdivide the property into a 230-lot, single family residential subdivision and Conditional
Use Permit Application No. C-04-246 which proposes a planned development, which includes gates to
restrict vehicular access, private streets, reduced lot sizes and setbacks, and common open space for
144 of the proposed 230 lots. The planned development portion of the subdivision is bisected by two
electric transmission lines, which includes a transmission line tower, while a second set of power lines
traverse the northeasternmost corner of the subject property.
According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied
within all community plans), the medium density residential planned land use designation allows 4.99 to
10.97 units per acre. However, Section 12-403-B-2-b(1) of the Fresno Municipal Code (FMC) allows
development of a project site not less than the minimum density of the next lowest land use designation,
medium-low density residential, which allows 2.19 to 4.98 dwelling units per acre. The proposed
subdivision density is 4.76 units per acre.
Conditional Use Permit Application (CUP)
In addition to submitting a vesting tentative tract map and rezone application, the applicant has also
submitted CUP Application No. C-04-246 for the southern 29.1 acres of the subject property. According
to Section 12-306-N-21 of the FMC, a CUP must be obtained to create planned developments. As part
of the CUP, an applicant may request a modification of development standards, including lot size,
setbacks and yard areas. The applicant is proposing a planned development for 144 of the 230 lots.
The planned development portion will be served by private streets which will be gated. In addition, it will
contain reduced lot sizes in comparison to conventional subdivisions, reduced setbacks and common
open space. The common open space will be located directly beneath two electric transmission lines
and the transmission tower which traverse the property along the southwestern portion of the map.
Property owners will be required to share in common ownership of all the private streets, open space,
walls, etc., on the entire site of the planned development.
The CUP portion of this project helps meet several of the goals of the 2025 Fresno General Plan and
the Bullard Community Plan. One of these goals, Goal Number 5 of the 2025 Fresno General Plan
indicates that the city supports the "Landscape of Choice-Principles and Strategies" as defined in
Appendix A. Appendix A of the 2025 Fresno General Plan provides guiding principles for the Land Use
Element of the 2025 Fresno General Plan by promoting development that utilizes urban land use as
REPORT TO THE CITY COUNU,L
Rezone Application No. R-04-93
December 13, 2005
Page 5
efficiently as possible. One such objective, Land Use/Residential Objective C-10, is aimed at
"Promot[ing] the development of more compact, pedestrian friendly, single-family residential projects to
aid in the conservation of resources such as land, energy, and material." Since this project allows for
the development of more compact single family residences, it will help to accomplish this objective.
Similarly, this project helps meet some of the goals of the Bullard Community Plan. To illustrate,
Section 4.1.2 of the Bullard Community Plan states that one of its goals is to "Provide for a diversity of
housing types and housing opportunities to meet the needs of all ages and income levels." The
proposed project is different from conventional subdivisions given that it provides shared open space,
private streets and smaller lot sizes which offers a unique sense of community that is not commonly
offered in conventional single family developments.
Bullard Community Plan
The subject property is located within the boundaries of the Bullard Community Plan. The Bullard
Community Plan Advisory Committee reviewed and recommended approval of the project at their
November 8, 2004 meeting.
Fresno City Planning Commission
On November 16, 2005, the Fresno City Planning Commission considered Rezone Application
No. R-04-93 in conjunction with Vesting Tentative Tract Map No. 5358/UGM and Conditional Use Permit
Application No. C-04-246. After hearing testimony from city staff and the applicant, the Planning
Commission voted to recommend approval of the rezone application by a vote of 5 to 0, with one
Commission member absent to the Council, and also approved the tract map and conditional use permit
application.
Public Services
Water Resources and Public Water Supply
The Water Division of the Public Utilities Department has determined that there is an adequate source
of water available to serve the project with the implementation of the Urban Growth Management (UGM)
service delivery requirements and the environmental impact mitigation measures. It should also be
noted that adverse groundwater conditions of limited supply and compromised quality have been well-
documented by planning, environmental impact report, and technical studies over the past 20 years
including the Master Environmental Impact Report No. 10130 for the 2025 Fresno General Plan, Final
EIR No. 10100, Final EIR No. 10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water
Resource Management Plan) et al. These conditions include water quality degradation due to DBCP,
arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and
recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the
Fresno Metropolitan Area. As a result, if approved, the proposed project would be required to contribute
to short-term and long-range water supply and distribution remediation projects in order to adequately
address this deficiency.
The Fresno Metropolitan Flood Control District has indicated that a portion of this project may be
accommodated by their facilities, however the remaining portion will be required to be served by
temporary facilities until permanent service is available.
Sewage Collection System Capacity
The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis Regional
Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity was expanded to
accommodate up to 80 million gallons per day, and was upgraded with modernized equipment to
REPORT TO THE CITY COUNCI
Rezone Application No. R-04-93
December 13, 2005
Page 6
safeguard against equipment failures. However, in an attempt to serve the anticipated 790,000
metropolitan area population for the year 2025, one or more sub-regional treatment and reclamation
facilities will be required. However, sanitary sewer service is available to serve the site, subject to the
mitigation measures imposed with the environmental assessment, and any necessary sewer main
extensions and connections.
Fire Protection Services
The project site is located within the city's UGM 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. Fire service will be provided by City of Fresno Fire
Station No. 14, located at the northwest corner of North Polk and West Swift Avenues, within three miles
of the subject property.
Central Unified School District
The project site is served by the Central Unified School District and is within the attendance boundaries
of River Bluff Elementary School (West Palo Alto and North Bryan Avenues) Rio Vista Intermediate
School (West Palo Alto and North Bryan Avenues) and Central High School, East Campus (North
Cornelia and West Dakota Avenues).
The school district has advised the city that it can accommodate new students generated by this
development. However, the district has advised that the applicant must install sidewalks on both sides
of the interior streets. In addition, the school district has requested that the applicant provide a
permanent school bus pull-out along one of the perimeter streets adjacent to the subdivision.
Circulation Element Plan Policies and Major Street System Traffic Capacity
The development of the project site with the proposed 230 single-family residences, and the
surrounding planned land uses designated by the 2025 Fresno General Plan and Bullard 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. Both plans
designate North Josephine and North Thiele Avenues and North Riverside Country Club Drive as local
streets, and designate North Bryan Avenue as a collector street south of North Josephine Avenue.
Collector streets are typically developed with two travel lanes in each direction but without a median
island. However, all 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.
As required by the mitigation measures established by the certification of MEIR No. 10130, a Traffic
Impact Study (TIS) was prepared by Peters Engineering Group (dated August 19, 2004) to evaluate the
number of vehicle trips projected to be generated by the proposed project. Utilizing the Institute of
Traffic Engineers (ITE) Trip Generation Manual, Seventh Edition, and associated computer software
together with the COG's computerized traffic model, this analysis predicts the number of vehicle trips
that will be generated from the proposed project and surrounding planned land uses, and the direction
in which these trips will travel.
The TIS analyzed the intersections at Herndon and Parkway Avenues, Herndon Avenue and Golden
State Boulevard, Herndon and Van Buren Avenues, Herndon and Bryan Avenues, Herndon and Hayes
Avenues, Herndon and Polk Avenues, Spruce and Hayes Avenues, and Spruce and Bryan Avenues.
The study analyzed 230 single family residential units. At 230 single family residential dwelling units, the
project is expected to generate an average of approximately 1,124 vehicle trips per day (VTD). Of these
vehicle trips, it is projected that 174 will occur during the morning (7 to 9 a.m.) peak hour travel period
REPORT TO THE CITY COUNT...
Rezone Application No. R-04-93
December 13, 2005
Page 7
and 234 will occur during the evening (4 to 6 p.m.) peak hour travel period. Because much of the
--- immediately surrounding area (i.e. northwestemmost portion of the Bullard Community-Plan-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 UGM Program. Required improvements include constructing North Bryan Avenue
between North Josephine and West Herndon Avenues with two, 17 foot center section lanes, and
reconstructing the signal intersection at North Bryan and West Herndon Avenues. In addition, the
developer of this project, in accordance with the mitigation measures of Master Environmental Impact
Report (No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General
Plan, will be required to pay impact fees specific to the traffic signalization of the major street
intersections.
Subdivision Design/Streets and Access Points
This subdivision is proposed to have two access points to North Thiele Avenue, one to North Riverside
Country Club Drive and one to North Josephine Avenue. The 144 planned development will also restrict
access by installing vehicular gates at their entrances. It should also be noted that the applicant has
proposed that 20 parcels front North Riverside Country Club Drive. These parcels will have direct
access to this street. However, given the length of the proposed block, the Public Works Division,
Traffic Engineering Division, has indicated that the developer will be required to install traffic calming
devices at two locations along this street.
Landscaping/Common Open Space
Given that the applicant has proposed "double frontage lots" along North Thiele and North Josephine
Avenues, the applicant will be required to install 10 feet landscaping along both of these streets. The
applicant will also be required to install a six foot high solid masonry wall at the rear of the required 10
foot landscape easement. Furthermore, the applicant is proposing a planned development, which will
require that the developer establish a homeowner's association which will be responsible for maintaining
the common open space which is directly beneath the electric transmission lines and the 10 foot
landscape areas along the streets adjacent to the planned development. The applicant has proposed
the common open space beneath the electric transmission lines given that Pacific, Gas & Electric
(PG&E), maintains an easement and requires a minimum distance from all structures.
The required landscaping outside of the planned development may be maintained by the City, should
the applicant petition for annexation into the City's Community Facilities District No. 2.
Lot Area and Dimensions
Conventional Subdivision
The FMC requires that all lots within the R-1 zone district provide a minimum lot width of 60 feet and
depth of 100 feet, with the exception of lots on curved streets and reversed corner lots and a minimum
lot size of 6,000 square feet. All of the parcels served by public streets meet or exceed the minimum lot
dimensions and lot area.
Planned Development
Lots within planned developments may have modified lot widths, depths and areas. Because the
applicant is proposing a planned development for 144 of the proposed 230 lots, lots must be a minimum
REPORT TO THE CITY COUNCI.
Rezone Application No. R-04-93
December 13, 2005
Page 8
of 4,200 square feet in area. The majority of the proposed lots are 50 feet in width and 100 feet in
width. Although the lots for the planned development are smaller in area in comparison to the standard
R-1 lot, the site as a whole is not over built, but rather the single family homes are simply on smaller
parcels, which allow for common open space.
Setbacks
Bluff Setbacks
Lots within the R-1 zone district typically have a minimum front yard setback of 20 feet and a rear yard
of 20 feet. However, given the site's proximity to the San Joaquin River and pursuant with the adopted
Bullard Community Plan and the Bluff Preservation Overlay District, the applicant will be required to
prepare and submit a Soils Investigation and Evaluation Report per the requirements of Section 12-
1022(e) of the FMC. The soils report will address the development of the proposed parcels as they
relate to the geologic stability of the San Joaquin River Bluffs. The minimum setback is 30 feet,
however the soils investigation report will establish a minimum setback (if greater than 30 feet) from the
edge of the bluff for future structures This requirement applies to all lots within 300 feet of the toe of the
bluff.
Planned Development
The applicant is proposing a planned development which allows for modified development standards.
The applicant is proposing 18 foot driveways, rather than the conventional 20 feet. The Public Works
Department has indicated this is adequate, subject to the applicant providing roll-up garage doors.
Furthermore, the applicant is proposing 20 foot rear yards and five foot side yards, which are commonly
found in conventional subdivisions.
San Joaquin River Bluff Preservation
The project site is located within 300 feet of the toe of the San Joaquin River Bluff and falls within the
BP (Bluff Preservation Overlay) zone district. The river bluff may pose certain restrictions to residential
development as the bluff may be geologically unstable in certain, although limited, areas. Also, the San
Joaquin River Bluff has been deemed to be aesthetically desirable and is to be maintained in its natural
state. Thus, the FMC, the 2025 Fresno General Plan, and the Bullard Community Plan establish
policies that help to preserve the integrity of the bluff and also to reduce any potential hazards to
residential development. One such requirement mandated in Section 12-243 of the FMC is the Bluff
Zone Soils Study. This study requires that the applicant have an engineer submit a soils report which
certifies that the proposed project will not cause any damage to the bluff face.
Vista Point/Trails
The Bullard Community Plan designates a portion of the property for a public vista point. The vista point
is intended to provide limited bluff access to non-area and area residents, alike, and panoramic views of
the river. The point is intended to allow for passive recreational opportunities or for trail enthusiast to
relax. In accordance with the Section 5.2 of the Bullard Community Plan (Exhibit D), the vista point
must be a minimum of 6,000 square feet in area, must provide a width of 60 feet along the bluff, shall
provide at least five off-street parking spaces, shall be landscaped (including fencing), and shall provide
street furniture and proper lighting. Staff will require that the applicant construct and dedicate the vista
point to the city.
In addition to the vista point, staff will require that the applicant provide a 200 foot riparian corridor,
measured from the toe of the bluff. This corridor is intended to provide a buffer for plants and critical
habitat from urban uses. It is also noted that the required trail may be located within the 200 riparian
REPORT TO THE CITY COUN%-,L-
Rezone Application No. R-04-93
December 13, 2005
Page 9
corridor (on the top of the bluff), however the trail must still respect the 100 foot elderberry bush
setback, as described below.
San Joaquin River Access
The importance of the San Joaquin River as a riparian corridor and open space has been well
documented in the 2025 Fresno General Plan and the Bullard Community Plan. The San Joaquin River
Parkway Trail is a multipurpose trail intended to provide access to and along the river and scenic vista
points and for recreational purposes for pedestrian, equestrian, and nonmotorized wheeled activities. In
order to further protect and enhance the river, and to allow for recreational opportunities to and along
the river, staff will require that the applicant provide access to the river, as well as a bicycle/pedestrian
and equestrian trail. Because the parcel is proximate to the San Joaquin River, the project was sent to
the California State Lands Commission, the San Joaquin River Conservancy (State of California), and
the San Joaquin River Parkway and Conservation Trust, Inc. (letter dated December 6, 2004). All three
agencies have stressed the importance of maintaining access to the river. In accordance with the
Government Code Section §§ 66400, et seq., staff will require that the applicant provide access to the
river, in a form acceptable to the California State Lands Commission and the city. Furthermore, staff will
require that the applicant construct and dedicate the trail along the river. The trail will connect to the
completed trail to the east and shall be constructed in accordance with city policies and standards and
shall be compatible, in terms of access, with the vista point noted above.
Valley Elderberry Longhorn Beetle
The most northerly portion of the subject property abuts the San Joaquin River Bluff. This segment of
the river contains a riparian plant community which appears to be concentrated in a corridor along the
river bluff near the northern boundary of the project site. The riparian community provides nesting and
roosting sites for raptors, herons, and egrets and other bird species (both resident and migratory). As a
result, it adds to the important habitat diversity to this area of the river and may be of great value to
wildlife.
After an initial inspection by city staff, it became evident that the site contains elderberry shrubs
(sambucus mexicanus) and cottonwood and willow trees. Elderberry shrubs are the host plant for the
valley elderberry longhorn beetle (Desmocerus californicus dimorphus), which was listed as an
endangered species by the United States Department of the Interior in September of 1980. As a result,
staff required a biological assessment to determine the location(s) of the host plant. In a report
completed by Live Oak Associates, Inc. dated April 21, 2005 and June 2, 2005, they identify numerous
elderberry shrubs along the face of the bluff. In addition, the study lists several mitigation measures to
avoid disturbing the host plant. One mitigation measure requires a 100 foot setback measure from the
drip line of the bush. The applicant has indicated that they will respect the 100 foot buffer. In addition,
in a letter from the United States Fish &Wildlife Service dated August 31, 2005, they stress that prior to
construction, the applicant must contact them to determine their options.
Archeological Study
Given the proximity of the subject site to a waterway (i.e. San Joaquin River), which were commonly
used by indigenous groups to establish villages and because it is located in the territory of the Northern
Valley Yokuts, who are believed to have lived near the Herndon townsite, staff commissioned a cultural
resource study. The study was intended to gather data and any potential evidence (i.e. artifacts,
stones, tools, etc.). Research methods included a cultural resources records search conducted by the
California Historical Resources Information System, at the California State University, Bakersfield and a
ground surface survey conducted by Varner Associates (dated April 2005). The study did not result in
REPORT TO THE CITY COUNCI.
Rezone Application No. R-04-93
December 13, 2005
Page 10
the discovery of any historical or archaeological evidence. Regardless, staff will require that the
applicant inform the city immediately should any archaeological materials uncovered during any phase
of construction.
Electric Transmission Lines and Tower
The proposed subdivision is bisected by two PG&E high voltage transmission power lines and a
transmission tower which traverse the project site in a northwest and southeast direction and a second
set of power lines along the northeasternmost corner of the subject site. Recently, some private and
public agencies have expressed concern regarding possible adverse health effects, which may result
from the electromagnetic fields generated by the flow of electricity through the high voltage transmission
lines.
The Environmental Protection Agency (EPA) released a study document summarizing the evidence
about electromagnetic fields and its effects on human health. The study found that, as related to the
electromagnetic fields, there is only a limited understanding of how it might lead to carcinogenesis and
that there was not enough knowledge to warrant a dose response assessment. The EPA decided that
the evidence suggests a hazard but declined to apply a classification scheme to this kind of agent as is
currently done for known hazardous chemicals. The California Department of Health Services has
concurred with this judgment.
Because of the lack of clear evidence, the Department of Health Services and the Public Utilities
Commission have not proposed any regulation at this time. The Department of Health Services,
however, does advise that city planners, school boards, and real estate developers and those who
control the building codes may find themselves forced to deal with the issues of proximity to electric
transmission line rights-of-way or easements.
Due to the lack of regulation from the State and the Federal Governments, the California Department of
Education has adopted a policy that recommends minimum distances between new schools and the
edge of rights-of-way of transmission lines. The setback guidelines are 100 feet for 100-110 kV lines,
150 feet for 220-230 kV lines, and 250 feet for 345 kV lines. It is noted that these guidelines are not
based on specific scientific evidence.
City staff acknowledges there is public concern about the possible health hazards related to the delivery
of electric power and much of the concern is based on suggestive data that, at this time, is both
incomplete and inclusive. However, until we have the necessary information, a "prudent avoidance"
strategy that limits exposure when it can be done at a reasonable cost and with reasonable effort would
seem appropriate. The Planning and Development Department has advised the developer of the
department's concern and has recommended that the developer design their project to avoid or limit the
exposure to the power lines until specific scientific evidence is available to determine if there is a
hazard.
State Department of Transportation (Caltrans)
Although the City has met its legal obligations for addressing impacts to the state highway system for
purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway
system for projects such as this one. At this time the City is working with Caltrans to develop a legally
permissible means for collecting impact fees. A legally permissible means for collecting impact fees
under the Mitigation Fee Act (California Government Code §§ 60000, et seq.) among other things,
would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a
REPORT TO THE CITY COUNL,,
Rezone Application No. R-04-93
December 13, 2005
Page 11
property owner/developer's proportionate share of costs to those capital improvements, and an
accounting system for using funds collected.
Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County
Council of Governments (COG) and Caltrans on a regional study for the greater Fresno-Clovis-Madera
Metropolitan area. This study may provide the nexus/rough proportionality study necessary for
determining a developer's proportionate responsibility for capital improvements to the state highway
system.
In addition to a proportionate share study, a mechanism would be needed for the City to collect monies
and either hold those monies or hand over those monies to a separate agency for improvements to
facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in
developing such a mechanism, including using the model used by the City for collecting fees for FMFCD
and/or entering into a Joint Powers Authority or a Memorandum of Understanding. A condition has
been added to this tentative tract map to provide for collection of a "State Highway Facilities Fee,"
should the City and Caltrans reach agreement on these issues. The proposed condition requires that
the developer pay either (1) the amount proposed by Caltrans in their last letter of $24,276 or (2) the
amount determined appropriate as a pro rata share based upon the traffic study prepared for this project
(and any revisions) and the results of the COG Traffic Deficiency Study discussed above. The project
will be responsible for paying this fee prior to issuance of a building permit, but only if the City and
Caltrans have already entered into an agreement to collect this "State Highway Facilities Fee." The City
Attorney's office advises that, as a tentative map condition, this condition will remain when a Final Tract
Map is processed. The City Attorney's office has also indicated that the condition should remain as
originally written, that a "State Highway Facilities Fee" of any amount will only be collected when the
City and Caltrans have entered into an agreement.
CONCLUSION / RECOMMENDATION
The appropriateness of the proposed project has been examined with respect to its consistency with
goals and policies of the Bullard Community Plan and the 2025 Fresno General Plan; its compatibility
with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant
adverse environmental impacts. These factors have been evaluated as described above and by the
accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded
that the proposed Rezone Application No. R-04-93 is appropriate for the project site.
REPORT TO THE CITY COUNCI.
Rezone Application No. R-04-93
December 13, 2005
Page 12
Attachments: Vicinity Map
2005 Aerial Photograph of Site
Exhibit A, Vesting Tentative Tract Map No. 5358 dated November 16, 2005 and cross
sections of the bluff
Exhibit B, Proposed site plan for Conditional Use Permit Application No. C-04-246
Exhibit C, Proposed elevations for homes within the planned development
Exhibit D, Bullard Community Plan Vista Point Development Standards
Exhibit E, Letter from the San Joaquin River Parkway and Conservation Trust, Inc.
dated December 2, 2004
Exhibit F, Report by Live Oak Associates, dated April 21, 2005 and June 2, 2005
Exhibit G, Letter from the United States Dept. of the Interior (Fish & Wildlife Service)
dated August 31, 2005
Exhibit H, Cultural Resource Study (Varner Associates), dated April 2005
Exhibit I, Letters from Caltrans dated February 23, 2005 and March 8, 2005
Environmental Assessment No. R-04-93[T-5358/C-04-246 (Finding of a Mitigated
Negative Declaration) issued on August 10, 2005
Planning Commission Resolution No. 12350 (Rezone Application No. R-04-93),
12351 (Vesting Tentative Tract Map No. 5358/UGM), and 12352 (Conditional Use
Permit Application No. C-04-246)
Ordinance Bill
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Exhibit A
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Exhibit E
Exhibit E, Letter from the San Joaquin River Parkway and Conservation Trust, Inc.
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:. ; San Joaquin River
Parkway and
�yy _ Conservation Trust. Inc.
�-a �. Send Via Fax,559-488-1020
'MaiAN
December 6,2004
Arnoldo Rodriquez
4 Planning Division City of Fresno
4 ,
a- t 2600 Fresno Street
r
r� Fresno,CA 93721
T F,
Subject: Environmental Assessment for T-5358/UGM,Patriot Homes
Dear Mr. Rodriquez:
Thank you for the opportunity to provide these comments to the City of
Fresno concerning the environmental assessment for Vesting Tentative
Tract No. 5358/UGM,Patriot Homes at North Josephine Ave. I
apologize for the delay in getting these to you;our packet and the BOARD of
request for comments was mistakenly mailed to the Department of Fish DIRECTORS:
and Game so we did.not receive the information on a timely basis. —
Coke Hallowell
President
Our interest is preserving the San Joaquin River and establishing the San _
Joaquin River Parkway. Our comments are as follows: Duane Furman
Vice President
1. We note that the map shows a critical trail connection corridor Ed Grootendorst
along the bluff top and we appreciate Patriot Homes'recognition Treasurer
of the trail as an amenity to their project. The trail should be Margaret Thorbum
designated as an extension of the Lewis S.Eaton Trail multi- secretary
purpose trail. Candy Barnes
2. The project will have a significant impact on the wildlife corridor Susan.Blaze
along the river. It also appears that there is an insufficient Sheri Bohigian
wildlife corridor and trail corridorrovided as outlined in the Bart Bohn
p Valenda Burch
City of Fresno's General Plan and the San Joaquin River Parkway Jane Campbell
Master Plan. Please consider the following in the environmental George Folsom
David Grubbs
assessment: Lynn Hemink
• There should be a minimum 200'wildlife corridor Patrick Kelly.
setback from the low water mark as called out in the Jim Marshall
Lou Martinez
-City's General Plan,Policy G-14.d. The recommended MJ:.Nabors
buffer in the San Joaquin River Parkway Master Plan, Carolyn Nolan
Table 1,for development of this intensity is 600'.
.Thom Richardson
p � ,Kevin 5tathaRt
• The recommended trail corridor is 100' (Policy F.141) and Ralph:Waterhouse
the trail should be setback from intense residential Anna Wattenbaiger- `.
JennifeF Williamson;';_;
ChDowling;AaronB;.Kee
ristopher A_,Brawft"
Cenero£Corrnsel ,,
PRESERVING THE SAN JOAQUIN RIVER FOR ALL THE VALLEYS PEOPLE Dave koehler ,;
1550 E. Shaw Avenue, Suite 114 • Fresno,California 93710 • 559-248-8480 •Fax 559-248-8474 -www.riverparkway.org Erecutr¢eDrr€E[ar `u
Exhibit E-2
development such as this by 150' (Policy F-11.a.)
Therefore, the minimum setback from the low water
mark for a wildlife corridor and trail is 300' (200'
minimum wildlife corridor and 100' trail corridor) and
should likely be greater based on the Parkway Plan's
recommended buffer width.
3. The trail should be connected to the existing Lewis S.Eaton
Trail at Riverside Golf Course and provision should be made for
the public to park,access to the trail,'and signage(Policies F-
15.a. and F-15.d). It is our understanding that the trail will be
constructed prior to occupancy,which is appropriate.
4. The project should provide public access to and along the river as
outlined by the Subdivision Map Act. Since the bluff in this
section of the river is near vertical, the public access point should
be planned and provided for in a logical manner and the State
Lands Commission should be contacted,as they are the lead
agency on this issue for public waterways.
Again,thank you for the opportunity to comment. Please provide us
with a copy of all reports and notices regarding this project.
Sin y,
D- o er
Executive Director
Cc: Stanley Harbour,Harbour&Associates,fax 559-325-7699
Exhibit F
Exhibit F, Report by Live Oak Associates, dated April 21, 2005 and June 2, 2005
- Exhibit F-1
LIVE.� OAK ASSOCIATES,
INC.
an Ecological Consulting Firm
April 21, 2005
Bila Robinson
Sol Development Associates, LLC
2344 Tulare St., Suite 301
Fresno, Ca. 93721
Subject: Results for Elderberry Shrub Preliminary Survey for Riverfront Ventures,Fresno
County.
Dear Bill:
This letter contains Live Oak Associates' (LOA) findings for the preliminary survey conducted
for the presence of elderberry shrubs and the federally threatened valley elderberry longhorn
beetle (VELB) on the proposed site for the Riverfront Ventures located in Fresno County,
California.Located along the San Joaquin River(SJR), near Highway 99 and Herndon Ave., this
76-acre site has a little over half-mile of riverfront along the northern edge of the property. LOA
was asked to survey the site since the client was aware of the possible presence of elderberry
shrubs. The survey concluded that the smaller western parcel contains five elderberry bushes with
two possible VELB exit holes within the project footprint. An additional large clump of bushes
was observed on the step slope of the bluff just north of the project site.No elderberry bushes
were found on the larger easternmost parcel.
Background:
Due to its occurrence at low population densities and the rapid alteration of its preferred riparian
habitat,the VELB was recognized as a threatened species (USFWS, 1980). The VELB is
generally found along waterways and in floodplain in the Central Valley that support remnant
stands of riparian vegetation. Specifically, elderberry plants must be present, as both larvae and
adults feed only on this plant. The VELB has been observed more recently in the Sierra foothills,
most notably in Fresno, Madera, and Placer Counties, at elevations up to about 3,000 feet
(USFWS 1999). At these foothill location, the VELB and its elderberry food plant are not
always restricted to riparian habitats,but commonly occur in interior live oak and mixed oak
woodlands, and chaparral. Favored locations in these areas include dry rocky outcroppings of
granite where large bushes are often observed growing out of large cracks in the rock. It also
occurs frequently on exposed road shoulders. Although this species grows well on dry exposed
foothill slopes and rocky road shoulders, it particularly favors well-watered spots where it can
grow rapidly(up to 6 feet in a single year) into small trees.
San Jose Office: 6830 Via Del Oro, Suite 205 -San lose, CA 95119 - Phone: 408-224-8300 -Fax:408-224-1411
Oakhurst Office: P.O. Box 2697 -49430 Road 426, Suite B -Oakhurst,CA 93644 -Phone: 559-642-4880 -Fax: 559-642-4,983
Exhibit F-2
The VELB is completely dependent on its host plant, blue elderberry (Sambucus mexicanus).
VELB inhabits mature shrubs possessing stems of one inch in diameter or greater. Young shrubs
are seldom infested with VELB. Adult VELB will lay their eggs in the bark of large stems (i.e.
greater than 1 inch in diameter). The larvae that emerge from these eggs then bore through the
bark into the pith of the stem where they feed and mature. Mature VELB eat an exit hole in the
stem somewhat smaller than the diameter of a pencil. The adults feed on the flowers and leaves
of elderberry shrubs prior to laying their eggs and beginning the cycle over again.
Methods and Results:
Reagen O'Keefe (Field Ecologist) of Live Oak Associates, Inc. conducted an inventory of
elderberry shrubs on April 13, 2005 in accordance with the Conservation Guidelines for Valley
Elderberry Longhorn Beetle (USFWS 1999).
The habitats of the study area include ruderal non-native grassland most of which was previously
used for agriculture and disked field. Riparian woodland exists along the northern edge of the
property, between the SJR and the upper edge of the bluff.
I drove the perimeter of the property while scanning with binoculars for elderberry shrubs and
walking portions of the site. The property is very open, so any shrubs or trees were easy to see
while scanning with binoculars. All trees and shrubs present on the site were identified to species
such that no elderberry shrubs were missed. Elderberry shrubs with a truck diameter of 1 inch or
greater were located on an aerial photograph(dated August 17`h 1998), the diameter measured in
inches, stems tallied by size class, examined for the presence of potential VELB exit holes, and
noted for occurrence in riparian habitat. Shrubs were determined to be separate individuals when
a distance of 10 feet or greater occurred between them. All shrub locations were identified on an
aerial photograph, see figure 1.
LOA findings included five elderberry shrubs located on the western parcel. The elderberry
shrubs were flagged with numerical identification in the field and their locations were identified
on the accompanying aerial photograph. Two possible VELB exit holes were found within
elderberry shrub #4. Please refer to Table 1 for specific data results.
Also, a large stand of elderberry shrubs and scattered shrubs were found between the San Joaquin
River's edge and the bluff bordering the project footprint on the north. These were not surveyed
due to the steep slope along the bluff and safety hazards for a single surveyor. If it were necessary
for LOA to return to the site and survey these shrubs, two surveyors would be needed as well as
appropriate safety equipment.
2
Exhibit F-3
Table 1
Valley Elderberry Longhorn Beetle Information Gathered in
April of 2005 for Riverfront Ventures, Fresno County.
Number of Number of Number of
Shrub Stems Stems Stems Occurrence in Presence and Distance From
Number Between 1 Between 3 Greater than Riparian Number of Potential Disturbance
and 3 Inches and 5 Inches 5 Inches in Woodland VELE Exit Holes
in Diameter in Diameter Diameter
1 10 0 0 No 0 0 ft
2 0 1 0 No 0 0 ft.
3 3 0 0 No 0 0 ft.
4 1 1 1 2 No 2 0 ft.
5 7 1 0 0 No 0 0 ft.
TOTAL 21 2 2 2
Potential Impacts:
The five elderberry shrubs observed on the western parcel provide habitat suitable for the VELB.
Two possible VELB exit holes indicate that at least some of this habitat may actually be used by
this species. Removal of these bushes for purposes of project construction would be considered a
"take" of a federally listed species as defined by the federal Endangered Species Act (ESA).
Section 10(a) of the Act permits the take of listed species incidental to project construction, but
only when an Incidental Take Permit has been formally issued by the U.S. Fish and Wildlife
Service. To obtain such a permit the applicant or the applicant's consultant must prepare a
Habitat Conservation Plan per U.S.Fish and Wildlife Service Guidelines that is then submitted to
the Service for review. A condition of any permit issued for the incidental take of the VELB will
be one of more mitigation measures. These measures will provide for the replacement of the
elderberry shrubs to be removed during construction. The Service will sometimes permit an
applicant to pay a fee to an established VELB fund used to promote the recovery of the VELB.
The processing time for an incidental take permit under Section 10(a) of the ESA has been 2 to 5
years.
The applicant can avoid"take" altogether by leaving the elderberry shrubs in place (i.e. develop
around the shrubs). As noted in Conservation Guidelines for Valley Elderberry Longhorn Beetle
(USFWS 1999), the Service considers a 20-foot buffer around each bush as measured from the
outer edge of the canopy the minimum acceptable buffer size. Otherwise,the Service may
consider that the project has adversely modified habitat for the VELB.
Give us a call if you have any questions about this information.
Sincerely,
Reagen O'Keefe
Ai
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Exhibit F-5
LIVE OAK
ASSOCIATES, INC.
� .� an Ecological Consulting Firm
June 2, 2005
Nick Yovino
City of Fresno Development and Planning Department
2600 Fresno Street
Fresno City Hall
Fresno, Ca. 93721
Subject: Elderberry Issues,Tract 5353,Fresno,California
Dear Mr Yovino:
I am writing on behalf of Mark Annotti of Riverfront Ventures to clarify endangered species
issues potentially associated with elderberry shrubs located on Tract 5358 in the City of Fresno.
As indicated in a letter addressed to Bill Robinson of Sol Development Associates, LLC on
April 21, 2005, Live Oak Associates, Inc. identified a number of elderberry shrubs on the
parcel, but all were located on the steep bluff slope leading down to the San Joaquin River. The
blue elder(more commonly referred to as "elderberry") (Sambucus mexicanus) is the host plant
for the valley elderberry longhorn beetle (Desmocerus californicus dimorphus), a federally
threatened species also known as the VELB. Due to the steepness of the bluff face,these
elderberry bushes were not individually examined to determine if evidence of the VELB was
present Therefore,these bushes are presumed to be occupied habitat.
Section 9 of the federal Endangered Species Act prohibits the "take"of listed species such as
the VELB, unless "take"has been authorized according to provisions of Section 7 or Section 10
of the Act. The term "take"has been defined in Section 3 of the Act to mean, "harass,harm,
pursue,hunt, shoot,wound,kill, trap, capture, or collect, or to attempt to engage in any such
conduct." Sections 7 and 10 of the Act provide alternative means for securing "take"
authorization from the U.S. Fish and Wildlife Service(USFWS) if a project will result in the
"take"of a species as defined by the Act.
Based on the site survey conducted by my staff, I have concluded that development of the site
would not result in the "take" of the VELB, especially if the project applicant implements a
number of measures that would eliminate or at least minimae impacts to the elderberry shrubs
present on the site. Therefore, it would not be necessary for the applicant to consult with the
USFWS or to secure a"take permit"prior to the onset of project construction.
I base this conclusion on the following:
San Jose Office:6830 Via Del Oro, Suite 205 -San Jose, CA 95119 - Phone: 408-224-8300 -Fax: 408-224-1411
Oakhurst Office:P.O.Bax 2697 •49430 Road 426,Suite 8 -Oakhurst, CA 93644- Phone: 559-642-4880 -Fax: 559-642-4883
Exhibit F-6
• All observed elderberry shrubs are located on the sloping bluff face between the
bottomlands of the San Joaquin River and the top of the bluff,
• Construction is to occur only on the level ground south of the bluff top where no
elderberry bushes (and therefore, no VELB) occur; the sloping bluff face will remain
undisturbed by project construction;
• The project will provide a minimum setback of 20 feet from the bluffs edge, thus
ensuring that project construction will be more than 20 feet away from the canopy of the
nearest elderberry bush;
• Given that all elderberry bushes observed on the site are located on the steeply sloping
bluff face, it is inconceivable that there would be any accidental damage to VELB
habitat resulting from the operation of construction equipment outside of designated
construction zones.
The U.S. Fish and Wildlife Service has issued mitigation guidelines for projects to be
constructed proximate to VELB habitat. These guidelines include a number of measures
intended to minimize indirect effects on the VELB that may constitute "take". These guidelines
include the following:
• Maintenance of a setback of 20 feet as measured from the dripline of each elderberry
shrub possessing mature stems for the duration of project construction (the applicant will
be maintaining a greater setback than recommended by the USFWS);
• Placement of construction around all elderberry bushes at least 20 feet in distance from
their dripline;
• Signage to be placed on the construction fencing notifying construction workers that the
shrubs are protected habitat of a federally protected species;
• An on-site construction monitor that ensures that individual shrubs are not damaged;
• Dust control measures (frequent watering of work areas) during the VELB flight season
(March through June).
Implementation of these measures would further reduce the likelihood of"take" of the VELB to
a negligible level, and ensure that the development of Tract 5358 would be in compliance with
provisions of the Endangered Species Act. Furthermore, lengthy project delays associated with
U.S. Fish and Wildlife Service consultation could be lawfully avoided.
I would be more than happy to answer any questions you may have regarding this matter.
Sincerely,
(a-q.P -
David J. Hartesveldt
cc: Mark Annotti, Riverfront Ventures
Bill Robinson, Sol Development Associates, LLC
2 Live Oak Associates, Inc.
Exhibit G
Exhibit G, Letter from the United States Dept. of the Interior (Fish & Wildlife Service)
dated August 31, 2005
gNT OF ry Exhibit G-1I.s.
"Na a wi1.n1.1rv.
AQP iy s N"Cr,
d �
y o United States Department of the Interior
�4gCH 33 � FISH AND WILDLIFE SERVICE
Sacramento Fish and Wildlife Office
2800 Cottage Way, Room W-2605
Sacramento, California 95825-1816
In reply refer to:
1-1-05-TA-1773 nn
�L ECEYFO
SEP 0 6 2005 AUG 3 1 2005
Mr. Arnoldo Rodriguez
.Planning Division
Supervising Planner Development Department
Planning and Development DeparLment Q7171Y OE FRESNO
City of Fresno
2600 Fresno Street—Third Floor
Fresno, California 93721-3604
Tel 559-621-8277 Fax 559-498-1012
Subject: San Joaquin River Bluff Edge Projects, Riverfront Ventures, LLC (Site I:
Application Nos. A-04-25 and R-04-83; Site II: Application Nos. T-5358 and C-
04-246), County of Fresno, California
Dear Mr. Rodriguez:
This letter is in response to your request that the U.S. Fish and Wildlife Service (Service) review
two proposals for projects located within the City of Fresno and provide comments regarding
potential biological effects of the proposed construction of 296 new residential units. The initial
request was received in our office on August 22, 2005, while a follow-up Notice of Public
Hearing was received on August 24, 2005. Our comments are submitted pursuant to the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act).
The proposed project(two adjacent sites; Site I = 16.64 acres and 65 new residential units; Site
II = 51.8 acres and 231 new residential units) is located along the south side the San Joaquin
River Bluff Edge and is bounded by N Weber, N Thiele, N Josephine, and N Riverside Country
Club Drive. The current land use of the proposed project site is primarily fallow. Agricultural
and residential areas surround the area.
Although the area is largely agricultural and residential, the Service notes that at least three,
federally-protected species are known to occur in the vicinity (within 10 miles): the endangered
hairy orcutt grass (Orcuttia pilvsa), the threatened valley elderberry longhorn beetle (Desmocenis
califvrnicus dimorphus), and the endangered San Joaquin kit fox (Vulpes macrotis mutica). In
TAKE PR1DE'�1
t NAM E R E CA ',``',, .
Exhibit G-2
Mr. Arnoldo Rodriguez 2
addition, we note the presence of the San Joaquin River along the northern portion of the
proposed project site and riparian habitat that potentially could provide cover to migratory birds
and associated aquatic and terrestrial species, as well as movement corridors to animals such as
the kit fox passing through the area.
Our comments are primarily based on a review of the request for comments for property located
within the City of Fresno (dated August 13, 2005); letter by Live Oak Associates, Inc., to Nick
Yovino (City of Fresno; dated June 2, 2005); letter by Live Oak Associates, Inc., to Bill
Robinson (Sol Development Associates, LLC; dated April 21, 2005); Service Quick List
("Federal Endangered and Threatened ...Quad," enclosed); Conservation Guidelines for the
Valley Elderberry Longhorn Beetle (dated July 9, 1999; copy enclosed); and information
provided by the California Natural Diversity Database (CNDDB) at
http://,,vww.dfL,.ca.!,,ov/whdab/hti-nl/cnddb.html.
The proposed construction of residences along the south side the San Joaquin River Bluff Edge
potentially could result in the take of an endangered species. Section 9 of the Act and Federal
regulation pursuant to section 4(d) of the Act prohibit take (harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or attempt to engage in any such conduct) of listed species
of fish or wildlife without a special exemption. Harass is defined as an intentional or negligent
act that creates the likelihood of injury to a listed species by annoying it to such an extent as to
significantly disrupt normal behavioral patterns which include, but are not limited to, breeding,
feeding, or sheltering. Harm is defined to include significant habitat modification or degradation
that results in death or injury to listed species by significantly impairing behavioral patterns such
as breeding, feeding, or sheltering.
Take incidental to an otherwise lawful activity may be authorized by one of two procedures. If a
Federal agency is involved with the permitting, funding, or carrying out of this project, and if it is
determined that the proposed project may affect a federally-listed species, then initiation of
formal consultation between that agency and the Service pursuant to section 7 of the Act is
required. Such consultation would result in a biological opinion that addresses anticipated
effects of the project to listed and proposed species and may authorize a limited level of
incidental take. If a Federal agency is not involved with the project,and federally-listed species
may be taken as part of the project, then an "incidental take"permit pursuant to section 10 of the
Act should be obtained. The Service may issue such a permit upon completion by the permit
applicant of a satisfactory conservation plan for the listed species that would be affected by the
project.
Survey guidelines and protocols for the several federally-listed species that may occur in the area
are given on the Service webpage at: htty://www.fws.,-,ov/pacific/sacramento/es/protocol..htm.
Please note that in the absence of compelling evidence to the contrary, the Service assumes the
presence of a species at sites with appropriate habitat within the historical geographic distribution
of the plant or animal. Based on the assumption of species presence at a project site, appropriate
avoidance and compensation measures for these plants and animals must be incorporated into a
project.
Mr. Arnoldo Rodriguez Exhibit G-3 3
With regard to the valley elderberry longhorn beetle, the overriding Service policy is to avoid and
protect habitat whenever possible (see "Conservation Guidelines for the Valley Elderberry
Longhorn Beetle [July 9, 1999]"). The beetle is completely dependant on its host plant, the
elderberry (Sambucus spp.), which is a common component of the remaining riparian forests and
adjacent upland habitats in the Central Valley of California, including the San Joaquin River
Valley. As a part of its review of proposed projects under the Act, the Service generally requires
complete avoidance of areas where elderberry bushes are present. Avoidance in this case means
no adverse effects to an elderberry plant and a 100-foot or wider buffer around elderberry plants
containing stems measuring 1 inch or greater in diameter at ground level.
Under appropriate conditions, the Service may approve construction activities within the 100-
foot buffer around elderberry plants (see enclosed guidelines). These conditions include the
application of protective measures, restoration and maintenance, and transplanting. In addition,
these conditions require a minimum setback of at least 20 feet from the dripline of each
elderberry plant for temporary negative impacts.
Based on the information you provided, there are at least five elderberry bushes (two bushes with
possible beetle exit holes) on Site I (western parcel of 16.64 acres), as well as numerous
elderberry bushes between the edge of the river and the bluff. There are also numerous
elderberry bushes along the northern edge of Site II (eastern parcel of 51.8 acres). Several of
these elderberry bushes likely would be subject to the avoidance and compensation measures
mentioned above. These measures would be part of a Habitat Conservation Plan developed by
the project proponent and submitted to the Service for approval under established application
procedures for an Incidental Take Permit.
Given the current configuration of the proposed project and the lack of agreed-to mitigation
measures, the Service probably would be unable to approve a Habitat Conservation Plan since a
20 foot buffer likely would be insufficient to ensure the long-term survival of the elderberry bush
in a residential setting such as the proposed development. The proposed construction of 296
residences would represent reasonably foreseeable circumstances (the mortality of these bushes)
that would require the implementation of compensation measures. Habitat Conservation Plans
are described on the Service webpage at:
http://www.Rvs.t;ov/endandered/hep/HCP Incidental Take.pdf.
In conclusion and given the circumstances of the proposed project, we would recommend that the
project proponent (Harbour & Associates on behalf of Riverfront Ventures, LLC) contact the
Service directly to explore their options within the context of the Act. While the project possibly
could be designed in such a way that a permit under the Act would not be required, the Service
would still need to review project materials and make a finding. Alternatively, the proposed
project may require extensive interaction between the project proponent and the Service.
Exhibit G-4
Mr. Arnoldo Rodriguez 4
If you have any questions, please contact Dr. Jeffrey P. Jorgenson or Ms. Susan P. Jones of the
Sacramento Fish and Wildlife Office at (916) 414-6600. Please refer to File Number 1-1-05-TA-
1773 in any future correspondence.
Sincerely,
Peter A. Cross
Deputy Assistant Field Supervisor
Enclosure: Conservation Guidelines for the Valley Elderberry Longhorn Beetle (July 9, 1999;
15 pp.)
cc:
California Department of Fish and Game, Fresno, CA (Attn: Annette Tenneboe)
Exhibit G-5
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Sacramento Fish and Wildlife Office
2800 Cottage Way, Room W-2605
Sacramento, California 95825
Conservation Guidelines for the
Valley Elderberry Longhorn Beetle
9 July 1999
The following guidelines have been issued by the U.S. Fish and Wildlife Service (Service) to
assist Federal agencies and non-federal project applicants needing incidental take authorization
through a section 7 consultation or a section 10(a)(1)(B) permit in developing measures to avoid
and minimize adverse effects_on the valley elderberry longhorn beetle. The Service will revise
these guidelines as needed in the future. The most recently issued version of these guidelines
should be used in developing all projects and habitat restoration plans. The survey and
monitoring procedures described below are designed to avoid any adverse effects to the valley
elderberry longhom beetle. Thus a recovery permit is not needed to survey for the beetle or its
habitat or to monitor conservation areas. If you are interested in a recovery permit for research
purposes please call the Service's Regional Office at(503) 231-2063.
Background Information
The valley elderberry longhorn beetle(Desmocerus californicus dimorphus), was listed as a
threatened species on August 8, 1980 (Federal Register 45:.52803-52807). This animal is fully
protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The
valley elderberry longhorn beetle (beetle) is completely dependent on its host plant, elderberry
(Sambucus species), which is a common component of the remaining riparian forests and
adjacent upland habitats of California's Central Valley. Use of the elderberry by the beetle, a
wood borer, is rarely apparent. Frequently, the only exterior evidence of the elderberry's use by
the beetle is an exit hole created by the larva just prior to the pupal stage. The life cycle takes
one or two years to complete. The animal spends most of its life in the larval stage, living within
the stems of an elderberry plant. Adult emergence is from late March through June, about the
same time the elderberry produces flowers. The adult stage is short-lived. Further information on
the life history, ecology, behavior, and distribution of the beetle can be found in a report by Barr
(199 1) and the recovery plan for the beetle (USFWS 1984).
1
Exhibit G-6
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
Surveys
Proposed project sites within the range of the valley elderberry longhorn beetle should be
surveyed for the presence of the beetle and its elderberry host plant by a qualified biologist. The
beetle's range extends throughout California's Central Valley and associated foothills from about
the 3,000-foot elevation contour on the east and the watershed of the Central Valley on the west
(Figure 1). All or portions of 31 counties are included: Alameda, Amador, Butte, Calaveras,
Colusa, Contra Costa, El Dorado, Fresno, Glenn, Kern, Kings, Lake, Madera, Mariposa, Merced,
Napa, Nevada, Placer, Sacramento, San Benito, San Joaquin, San Luis Obispo,Shasta, Solano,
Stanislaus, Sutter, Tehama, Tulare, Tuolumne, Yolo, Yuba.
If elderberry plants with one or more stems measuring 1.0 inch or greater in diameter at ground
level occur on or adjacent to the proposed project site, or are otherwise located where they may
be directly or indirectly affected by the proposed action, minimization measures which include
planting replacement habitat (conservation planting) are required (Table 1).
All elderberry shrubs with one or more stems measuring 1.0 inch or greater in diameter at ground
level that occur on or adjacent to a.proposed project site must be thoroughly searched for beetle
exit holes (external evidence of beetle presence). In addition, all elderberry stems one inch or
greater in diameter at ground level must be tallied by diameter size class (Table 1). As outlined
in Table 1, the numbers of elderberry seedlings/cuttings and associated riparian native
trees/shrubs to be planted as replacement habitat are determined by stem size class of affected
elderberry shrubs, presence or absence of exit holes, and whether a proposed project lies in a
riparian or non-riparian area.
Elderberry plants with no stems measuring 1.0 inch or greater in diameter at ground level are
unlikely to be habitat for the beetle because of their small size and/or immaturity. Therefore, no
minimization measures are required for removal of elderberry plants with no stems measuring
1.0 inch or greater in diameter at ground level with no exit holes. Surveys are valid for a period
of two years.
Avoid and Protect Habitat Whenever Possible
Project sites that do not contain beetle habitat are preferred. If suitable habitat for the beetle
occurs on the project site, or within close proximity where beetles will be affected by the project,
these areas must be designated as avoidance areas and must be protected from disturbance during
the construction and operation of the project. When possible, projects should be designed such
that avoidance areas are connected with adjacent habitat to prevent fragmentation and isolation of
beetle populations. Any beetle habitat that cannot be avoided as described below should be
considered impacted and appropriate minimization measures should be proposed as described
below.
2
Exhibit G-7
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
Avoidance: Establishment and Maintenance of a Buffer Zone
Complete avoidance (i.e., no adverse effects) may be assumed when a 100-foot (or wider) buffer
is established and maintained around elderberry plants containing stems measuring 1.0 inch or
greater in diameter at ground level. Firebreaks may not be included in the buffer zone. In buffer
areas construction-related disturbance should be minimized, and any damaged area should be
promptly restored following construction. The Service must be consulted before any
disturbances within the buffer area are considered. In addition, the Service must be provided
with a map identifying the avoidance area and written details describing avoidance measures.
Protective Measures
1. Fence and flag all areas to be avoided during construction activities. In areas where
encroachment on the 100-foot buffer has been approved by the Service, provide a
minimum setback of at least 20 feet from the dripline of each elderberry plant.
2. Brief contractors on the need to avoid damaging the elderberry plants and the possible
penalties for not complying with these requirements.
3. Erect signs every 50 feet along the edge of the avoidance area with the following
information: "This area is habitat of the valley elderberry longhorn beetle, a threatened
species, and must not be disturbed. This species is protected by the Endangered Species
Act of 1973, as amended. Violators are subject to prosecution, fines, and imprisonment."
The signs should be clearly readable from a distance of 20 feet, and must be maintained
for the duration of construction.
4. instruct work crews about the status of the beetle and the need to protect its elderberry
host plant.
Restoration and Maintenance
1. Restore any damage done to the buffer area(area within 100 feet of elderberry plants)
during construction. Provide erosion control and re-vegetate with appropriate native
plants.
2. Buffer areas must continue to be protected after construction from adverse effects of the
project. Measures such as fencing, signs, weeding, and trash removal are usually
appropriate.
3. No insecticides, herbicides, fertilizers, or other chemicals that might harm the beetle or its
host plant should be used in the buffer areas, or within 100 feet of any elderberry plant
with one or more stems measuring 1.0 inch or greater in diameter at ground level.
3
Exhibit G-8
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
4. The applicant must provide a written description of how the buffer areas are to be
restored,protected, and maintained after construction is completed.
5. Mowing of grasses/ground cover may occur from July through April to reduce fire
hazard. No mowing should occur within five (5) feet of elderberry plant stems. Mowing
must be done in a manner that avoids damaging plants (e.g., stripping away bark through
careless use of mowing/trimming equipment).
Transplant Elderberry Plants That Cannot Be Avoided
Elderberry plants must be transplanted if they can not be avoided by the proposed project. All
elderberry plants with one or more stems measuring 1.0 inch or greater in diameter at ground
level must be transplanted to a conservation area(see below). At the Service's discretion, a plant
that is unlikely to survive transplantation because of poor condition or location, or a plant that
would be extremely difficult to move because of access problems, maybe exempted from
transplantation. In cases where transplantation is not possible the minimization ratios in Table 1
may be increased to offset the additional habitat loss.
Trimming of elderberry plants (e.g., pruning along roadways, bike paths, or trails) with one or
more stems 1.0 inch or greater in diameter at ground level, may result in take of beetles.
Therefore, trimming is subject to appropriate minimization measures as outlined in Table 1.
1. Monitor. A qualified biologist(monitor) must be on-site for the duration of the
transplanting of the elderberry plants to insure that no unauthorized take of the valley
elderberry longhorn beetle occurs. If unauthorized take occurs, the monitor must have the
authority to stop work until corrective measures have been completed. The monitor must
immediately report any unauthorized take of the beetle or its habitat to the Service and to
the California Department of Fish and Game.
2. Timing. Transplant elderberry plants when the plants are dormant, approximately
November through the first two weeks in February, after they have lost their leaves.
Transplanting during the non-growing season will reduce shock to the plant and increase
transplantation success.
3. Transplanting Procedure.
a. Cut the plant back 3 to 6 feet from the ground or to 50 percent of its height
(whichever is taller) by removing branches and stems above this height. The
trunk and all stems measuring 1.0 inch or greater in diameter at ground level
should be replanted. Any leaves remaining on the plant should be removed.
4
Exhibit G-9
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
b. Excavate a hole of adequate size to receive the transplant.
C. Excavate the plant using a Vemeer spade, backhoe, front end loader, or other
suitable equipment, taking as much of the root ball as possible, and replant
immediately at the conservation area. Move the plant only by the root ball. If the
plant is to be moved and transplanted off site, secure the root ball with wire and
wrap it with burlap. Dampen the burlap with water, as necessary, to keep the root
ball wet. Do not let the roots dry out. Care should be taken to ensure that the soil
is not dislodged from around the roots of the transplant. If the site receiving the
transplant does not have adequate soil moisture, pre-wet the soil a day or two
before transplantation.
d. The planting area must be at least 1,800 square feet for each elderberry transplant.
The root ball should be planted so that its top is level with the existing ground.
Compact the soil sufficiently so that settlement does not occur. As many as five
(5) additional elderberry plantings (cuttings or seedlings) and up to five (5)
associated native species plantings (see below) may also be planted within the
1,800 square foot area with the transplant. The transplant and each new planting
should have its own watering basin measuring at least three (3) feet in diameter.
Watering basins should have a continuous berm measuring approximately eight
(8) inches wide at the base and six (6) inches high.
e. Saturate the soil with water. Do not use fertilizers or other supplements or paint
the tips of stems with pruning substances, as the effects of these compounds on
the beetle are unknown.
f. Monitor to ascertain if additional watering is necessary. If the soil is sandy and
well-drained, plants may need to be watered weekly or twice monthly. If the soil
is clayey and poorly-drained, it may not be necessary to water after the initial
saturation. However, most transplants require watering through the first summer.
A drip watering system and timer is ideal. However, in situations where this is
not possible, a water truck or other apparatus may be used.
Plant Additional Seedlings or Cuttings
Each elderberry stem measuring 1.0 inch or greater in diameter at ground level that is adversely
affected (i.e., transplanted or destroyed)must be replaced in the conservation area, with
elderberry seedlings or cuttings at a ratio ranging from 1:1 to 8:1 (new plantings to affected
stems). Minimization ratios are listed and explained in Table 1. Stock of either seedlings or
cuttings should be obtained from local sources. Cuttings may be obtained from the plants to be
transplanted if the project site is in the vicinity of the conservation area. If the Service
determines that the elderberry plants on the proposed project site are unsuitable candidates for
5
Exhibit G-10
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
transplanting, the Service may allow the applicant to plant seedlings or cuttings at higher than the
stated ratios in Table I for each elderberry plant that cannot be transplanted.
Plant Associated Native Species
Studies have found that the beetle is more abundant in dense native plant communities with a
mature overstory and a mixed understory. Therefore, a mix of native plants associated with the
elderberry plants at the project site or similar sites will be planted at ratios ranging from 1:1 to
2:1 [native tree/plant species to each elderberry seedling or cutting (see Table 1)]. These native
plantings must be monitored with the same survival criteria used for the elderberry seedlings (see
below). Stock of saplings, cuttings, and seedlings should be obtained from local sources. If the
parent stock is obtained from a distance greater than one mile from the conservation area,
approval by the Service of the native plant donor sites must be obtained prior to initiation of the
revegetation work. Planting or seeding the conservation area with native herbaceous species is
encouraged. Establishing native grasses and forbs may discourage unwanted non-native species
from becoming established or persisting at the conservation area. Only stock from local sources
should be used.
Examples
Example 1
The project will adversely affect beetle habitat on a vacant lot on the land side of a river
levee. This levee now separates beetle habitat on the vacant lot from extant Great Valley
Mixed Riparian Forest(Holland 1986) adjacent to the river. However, it is clear that the
beetle habitat located on the vacant lot was part of a more extensive mixed riparian forest
ecosystem extending farther from the river's edge prior to agricultural development and
levee construction. Therefore, the beetle habitat on site is considered riparian. A total of
two elderberry plants with at least one stem measuring 1.0 inch or greater in diameter at
ground level will be affected by the proposed action. The two plants have a total of 15
stems measuring over 1.0 inch. No exit holes were found on either plant. Ten of the
stems are between 1.0 and 3.0 inches in diameter and five of the stems are greater than
5.0 inches in diameter. The conservation area is suited for riparian forest habitat.
Associated natives adjacent to the conservation area are box elder(Acer negundo
californica), walnut(Juglans californica var. hindsii), sycamore(Platanus racemosa),
cottonwood (Populus fremontii), willow (Salix gooddingii and S. laevigata), white alder
(Alnus rhombifolia), ash (Fraxinus latifolia), button willow (Cephalanthus occidentalis),
and wild grape (Vitis californica).
6
Exhibit G-11
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
Minimization (based on ratios in Table 1):
•Transplant the two elderberry plants that will be affected to the conservation
area.
• Plant 40 elderberry rooted cuttings (10 affected stems compensated at 2:1 ratio
and 5 affected stems compensated at 4:1 ratio, cuttings planted:stems affected)
• Plant 40 associated native species (ratio of associated natives to elderberry
plantings is 1:1 in areas with no exit holes):
5 saplings each of box elder, sycamore, and cottonwood
5 willow seedlings
5 white alder seedlings
5 saplings each of walnut and ash
3 California button willow
2 wild grape vines
Total: 40 associated native species
•Total area required is a minimum of 1,800 sq. ft. for one to five elderberry
seedlings and up to 5 associated natives. Since, a total of 80 plants must be
planted (40 elderberries and 40 associated natives), a total of 0.33 acre (14,400
square feet)will be required for conservation plantings. The conservation area
will be seeded and planted with native grasses and forbs, and closely monitored
and maintained throughout the monitoring period.
Example 2
The project will adversely affect beetle habitat in Blue Oak Woodland(Holland 1986).
One elderberry plant with at least one stem measuring 1.0 inch or greater in diameter at
ground level will be affected by the proposed action.The plant has a total of 10 stems
measuring over 1.0 inch. Exit holes were found on the plant. Five of the stems are
between 1.0 and 3.0 inches in diameter and five of the stems are between 3.0 and 5.0
inches in diameter. The conservation area is suited for elderberry savanna(non-riparian
habitat). Associated natives adjacent to the conservation area are willow (Salix species),
blue oak(Quercus douglasii), interior live oak(Q. wislizenii), sycamore,poison oak
(Toxicodendron diversilobum), and wild grape.
Minimization(based on ratios in Table 1):
•Transplant the one elderberry plant that will be affected to the conservation area.
• Plant 30 elderberry seedlings (5 affected stems compensated at 2:1 ratio and 5
affected stems compensated at 4:1 ratio, cuttings planted:stems affected)
7
Exhibit G-12
Conserv ation Guid elines for the V alley Elderb erry Longh orn Bee tle
• Plant 60 associated native species (ratio of associated natives to elderberry
plantings is 2:1 in areas with exit holes):
20 saplings of blue oak, 20 saplings of sycamore, and 20 saplings of
willow, and seed and plant with a mixture of native grasses and forbs
•Total area required is a minimum of 1,800 sq. ft. for one to five elderberry
seedlings and up to 5 associated natives. Since, a total of 90 plants must be
planted(30 elderberries and 60 associated natives), a total of 0.37 acre(16,200
square feet) will be required for conservation plantings. The conservation area
will be seeded and planted with native grasses and forbs, and closely monitored
and maintained throughout the monitoring period.
Conservation Area—Provide Habitat for the Beetle in Perpetuity
The conservation area is distinct from the avoidance area (though the two may adjoin), and
serves to receive and protect the transplanted elderberry plants and the elderberry and other
native plantings. The Service may accept proposals for off-site conservation areas where
appropriate.
1. Size. The conservation area must provide at least 1,800 square feet for each transplanted
elderberry plant. As many as 10 conservation plantings (i.e., elderberry cuttings or
seedlings and/or associated native plants) may be planted within the 1800 square foot area
with each transplanted elderberry. An additional 1,800 square feet shall be provided for
every additional 10 conservation plants. Each planting should have its own watering
basin treasuring approximately three feet in diameter. Watering basins should be
constructed with a continuous berm measuring approximately eight inches wide at the
base and six inches high.
The planting density specified above is primarily for riparian forest habitats or other
habitats with naturally dense cover. If the conservation area is an open habitat (i.e.,
elderberry savanna, oak woodland) more area may be needed for the required plantings.
Contact the Service for assistance if the above planting recommendations are not
appropriate for the proposed conservation area.
No area to be maintained as a firebreak may be counted as conservation area. Like the
avoidance area, the conservation area should connect with adjacent habitat wherever
possible, to prevent isolation of beetle populations.
Depending on adjacent land use, a buffer area may also be needed between the
conservation area and the adjacent lands. For example, herbicides and pesticides are
8
Exhibit G-13
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
often used on orchards or vineyards. These chemicals may drift or runoff onto the
conservation area if an adequate buffer area is not provided.
2. Long-Term Protection. The conservation area must be protected in perpetuity as habitat
for the valley elderberry longhorn beetle. A conservation easement or deed restrictions to
protect the,conservation area must be arranged Conservation areas may be transferred to
a resource agency or appropriate private organization for long-term management. The
Service must be provided with a map and written details identifying the conservation
area; and the applicant must receive approval from the Service that the conservation area
is acceptable prior to initiating the conservation program. A true, recorded copy of the
deed transfer, conservation easement, or deed restrictions protecting the conservation area
in perpetuity must be provided to the Service before project implementation.
Adequate funds must be provided to ensure that the conservation area is managed in
perpetuity. The applicant must dedicate an endowment fund for this purpose, and
designate the party or entity that will be responsible for long-term management of the
conservation area. The Service must be provided with written documentation that
funding and management of the conservation area(items 3-8 above)will be provided in
perpetuity.
3. Weed Control. Weeds and other plants that are not native to the conservation area must
be removed at least once a year, or at the discretion of the Service and the California
Department of Fish and Game. Mechanical means should be used; herbicides are
prohibited unless approved by the Service.
4. Pesticide and Toxicant Control. Measures must be taken to insure that no pesticides,
herbicides, fertilizers, or other chemical agents enter the conservation area. No spraying
of these agents must be done within one 100 feet of the area, or if they have the potential
to drift, flow, or be washed into the area in the opinion of biologists or law enforcement
personnel from the Service or the California Department of Fish and Game.
5. Litter Control. No dumping of trash or other material may occur within the conservation
area. Any trash or other foreign material found deposited within the conservation area
must be removed within 10 working days of discovery.
6. Fencing. Permanent fencing must be placed completely around the conservation area to
prevent unauthorized entry by off-road vehicles, equestrians, and other parties that might
damage or destroy the habitat of the beetle, unless approved by the Service. The
applicant must receive written approval from the Service that the fencing is acceptable
prior to initiation of the conservation program. The fence must be maintained in
perpetuity, and must be repaired/replaced within 10 working days if it is found to be
damaged. Some conservation areas may be made available to the public for appropriate
recreational and educational opportunities with written approval from the Service. In
9
Exhibit G-14
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
these cases appropriate fencing and signs informing the public of the beetle's threatened
status and its natural history and ecology should be used and maintained in perpetuity.
7. Signs. A minimum of two prominent signs must be placed and maintained in perpetuity
at the conservation area, unless otherwise approved by the Service. The signs should note
that the site is habitat of the federally threatened valley elderberry longhorn beetle and, if
appropriate, include information on the beetle's natural history and ecology. The signs
must be approved by the Service. The signs must be repaired or replaced within 10
working days if they are found to be damaged or destroyed.
Monitoring
The population of valley elderberry longhorn beetles, the general condition of the conservation
area, and the condition of the elderberry and associated native plantings in the conservation area
must be monitored over a period of either ten (10) consecutive years or for seven(7) years over a
15-year period. The applicant may elect either 10 years of monitoring, with surveys and reports
every year; or 15 years of monitoring, with surveys and reports on years 1, 2, 3, 5, 7, 10, and 15.
The conservation plan provided by the applicant must state which monitoring schedule will be
followed. No change in monitoring schedule will be accepted after the project is initiated. If
conservation planting is done in stages (i.e., not all planting is implemented in the same time
period), each stage of conservation planting will have a different start date for the required
monitoring time.
Surveys. In any survey year, a minimum of two site visits between February 14 and June 30 of
each year must be made by a qualified biologist. Surveys must include:
1. A population census of the adult beetles, including the number of beetles
observed, their condition, behavior, and their precise locations. Visual counts
must be used; mark-recapture or other methods involving handling or harassment
must not be used.
2. A census of beetle exit holes in elderberry stems, noting their precise locations
and estimated ages.
3. An evaluation of the elderberry plants and associated native plants on the site, and
on the conservation area, if disjunct, including the number of plants, their size and
condition.
4. An evaluation of the adequacy of the fencing, signs, and weed control efforts in
the avoidance and conservation areas.
10
Exhibit G-15
5. A general assessment of the habitat, including any real or potential threats to the
beetle and its host plants, such as erosion, fire, excessive grazing, off-road vehicle
use, vandalism, excessive weed growth, etc.
The materials and methods to be used in the monitoring studies must be reviewed and approved
by the Service. All appropriate Federal permits must be obtained prior to initiating the field
studies.
Reports. A written report, presenting and analyzing the data from the project monitoring, must
be prepared by a qualified biologist in each of the years in which a monitoring survey is required.
Copies of the report must be submitted by December 31 of the same year to the Service (Chief of
Endangered Species, Sacramento Fish and Wildlife Office), and the Department of Fish and
Game (Supervisor, Environmental Services, Department of Fish and Game, 1416 Ninth Street,
Sacramento, California 95814; and Staff Zoologist, California Natural Diversity Data Base,
Department of Fish and Game, 1220 S Street, Sacramento, California 95814). The report must
explicitly address the status and progress of the transplanted and planted elderberry and
associated native plants and trees, as well as any failings of the conservation plan and the steps
taken to correct them. Any observations of beetles or fresh exit holes must be noted. Copies of
original field notes, raw data, and photographs of the conservation area must be included with the
report. A vicinity map of the site and maps showing where the individual adult beetles and exit
holes were observed must be included. For the elderberry and associated native plants, the
survival rate, condition, and size of the plants must be analyzed. Real and likely future threats
must be addressed along with suggested remedies and preventative measures (e.g. limiting public
access, more frequent removal of invasive non-native vegetation, etc.).
A copy of each monitoring report, along with the original field notes, photographs,
correspondence, and all other pertinent material,should be deposited at the California Academy
of Sciences (Librarian, California Academy of Sciences, Golden Gate Park, San Francisco, CA
94118) by December 31 of the year that monitoring is done and the report is prepared. The
Service's Sacramento Fish and Wildlife Office should be provided with a copy of the receipt
from the Academy library acknowledging receipt of the material, or the library catalog number
assigned to it.
Access. Biologists and law enforcement personnel from the California Department of Fish and
Game and the Service must be given complete access to the project site to monitor transplanting
activities. Personnel from both these agencies must be given complete access to the project and
the conservation area to monitor the beetle and its habitat in p erpe tui ty.
Success Criteria
A minimum survival rate-of at least 60 percent of the elderberry plants and 60 percent of the
associated native plants must be maintained throughout the monitoring period. Within one year
of discovery that survival has dropped below 60 percent, the applicant must replace failed
plantings to bring survival above this level. The Service will make any detemunation as to the
11
Exhibit G-16
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
applicant's replacement responsibilities arising from circumstances beyond its control, such as
plants damaged or killed as a result of severe flooding or vandalism.
Service Contact
These guidelines were prepared by the Endangered Species Division of the Service's Sacramento
Fish and Wildlife Office. If you have questions regarding these guidelines or to request a copy of
the most recent guidelines, telephone (916)414-6600, or write to:
U.S. Fish and Wildlife Service
Ecological Services
2800 Cottage Way, W-2605
Sacramento, CA 95825
12
Exhibit G-17
Conservation Guidelines For the Valley Elderberry Longhorn Beetle
- C
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H1prs 1: Jt mp at tke Vally BJda.bwry I awn Jlmdw
13
Exhibit G-18
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
Literature Cited
Barr, C. B. 1991. The distribution, habitat, and status of the valley elderberry longhorn beetle
Desmocerus californicus dimorphus. U.S. Fish and Wildlife Service; Sacramento,
California.
Holland, R.F. 1986. Preliminary descriptions of the terrestrial natural communities of
California. Unpublished Report. State of California,The Resources Agency, Department
of Fish and Game, Natural Heritage Division, Sacramento, California.
USFWS. 1980. Listing the valley elderberry longhorn beetle as a threatened species with critical
habitat. Federal Register 45:52803-52807.
USFWS. 1984. Recovery plan for the valley elderberry longhorn beetle. U.S. Fish and Wildlife
Service, Endangered Species Program; Portland, Oregon.
14
Exhibit G-19
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
Table 1: Minimization ratios based on location (riparian vs. non-riparian), stem
diameter of affected elderberry plants at ground level, and presence or
absence of exit holes.
Location Stems (maximum Exit Holes Elderberry Associated
diameter at ground on Shrub Seedling Native Plant
level) Y/N Ratiol Ratio
(quaatify)l
non-riparian stems> = I" &=< 3" No: 1:1 1:1
Yes: 2:1 2:1
non-riparian stems> 3" & < 5" No: 2:1 1:I
Yes: 4:1 2:1
non-riparian stems>=5" No: 3:1 1:1
Yes: 6:1 2:1
riparian stems>= I" &=<3" No: 2:1 1:1
Yes: 4:1 2:1
riparian stems> 3" &< 5" No: 3:1 I:I
Y es: 6:1 2:1
riparian stems>=5" No: 4:1 1:1
Yes: 8:1 2:1
' All stems measuring one inch or greater in diameter at ground level on a single shrub are considered
occupied when exit holes are present anywhere on the shrub.
2 Ratios in the Elderberry Seedling Ratio column correspond to the number of cuttings or seedlings to be
planted per elderberry stem (one inch or greater in diameter at ground level) affected by a project.
9 Ratios in the Associated Native Plant Ratio column correspond to the number of associated native
species to be planted per elderberry (seedling or cutting) planted.
15
Exhibit H
Exhibit H, Cultural Resource Study (Varner Associates), dated April 2005
STATE OF CALIFORMA—BUSINESS.TRANSPOR' )N AND HOUSING AGENCY ARNOLD SCHWA_RZENEGGER Governor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE • :
P. O.BOX 12616 Exhibit 1-1
FRESNO,CA 93778-2616
PHONE (559)445-6666r-�
Flex your power!
FAX (559)488-4088 _ '�� ,1[J Be energy efficient!
TTY (559)488-4066
February 23, 2005 C Z
213 1-IGR/CEQA
6-FRE-99-31.4+/-
t i Y C� C-04-246, R-04-93 & T-5358
PATRIOT HOMES
Mr. Arnoldo Rodriguez
City of Fresno Development Department
2600 Fresno Street, Room 3043
Fresno, CA 93721
Dear Mr. Rodriguez:
Caltrans submitted comments on the 231-lot single-family residential project located on the
northwest comer of North Josephine Avenue and North Riverside Country Club Drive on
November 18, 2004. We noted at that time that a Traffic Impact Study(TIS) was needed to fully
evaluate this project's impacts to the State Highway System and requested that the TIS be
provided to us for our review and comment.
On February 17, 2005, Caltrans received a copy of the August 2004 TIS. We are currently
reviewing the document.
Caltrans requests that the City delay the Planning Commission hearing date for this project until
we are able to provide comments on the TIS. We are making every effort to "fast-track"the
review, but recently have received a significant number of traffic studies,most dating from last
summer, and are trying to process all of these in a timely manner. Caltrans appreciates the City's
cooperation in this manner.
We request that this letter be made a part of the permanent record for this project and that a copy
of our letter be included in the staff reports for both the City Council and the Planning
Commission. This will provide the decision-making body and the general public with a
complete and accurate environmental evaluation for the project.
Please send a response to our comments prior to staffs recommendations to the Planning
Commission and the City Council. If you have any questions, please call me at(559) 445-6666.
Sincerely,
MOSES STITES
Office of Transportation Planning
District 06
C: Ms. Barbara Goodwin, Council of Fresno County Governments
.-Caltrans improves mobility across California"
STATE OF CALIFORNIA—BUSINESS.TRANSPORTAT-" WQ HOUSING AGENCY OLD SCHWARZENEGGER.Govemor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE :
P. o.Box 12616 Exhibit 1-2
FRESNO,CA 93778-2616
PHONE (559)445-6666
FAX (559)488-4088 Flex your power!
Be energy efficient!
TTY (559)488066 n LE
March 8, 2005 MAR 0 9 2005
Planning Division 213 1-IGR/CEQA
6-FRE-99-31.4+/-
Development Department
G1^1 y OF FRESNO C-04-246, R-04-93 & T-5358
PATRIOT HOMES
TRAFFIC IMPACT STUDY
Mr. Arnoldo Rodriguez
City of Fresno Development Department
2600 Fresno Street, Room 3043
Fresno, CA 93721
Dear Mr. Rodriguez:
We have completed our review of the Traffic Impact Study(TIS) prepared for the 231-lot single-
family residential project located on the northwest corner of North Josephine Avenue and North
Riverside Country Club Drive, .Caltrans did not receive a copy of the August 2004 TIS Lentil
February 17, 2005. We have the following comments:
Table 3 (Page 4) of the TIS,indicates that 56,trips from this site would impact the State Route
(SR) 99 interchange at Herndon Avenue. Based on the cost per trip for improvements that was
previously calculated for.other developments impacting this interchange, this development's
proportional share to mitigate for cumulatively significant project-related impacts to the SR
99/Hemdon Avenue interchange is $24,276 (see attachment).
Significant unmitigated impacts will remain if this project is approved without addressing its
impacts to the SR 99/Hemdon Avenue interchange. The applicant has prepared a traffic impact
study that identified impacts to the interchange. This traffic study was prepared to support the
City's environmental assessment of the project and, as such, represents the City's nexus study.
We assume this is the nexus the City will use to require the applicant to make improvements to
local streets. If the project's impacts cannot be reduced to a level of insignificance, a mitigate
negative declaration is an inappropriate environmental document. If impacts cannot be
mitigated, the lead agency needs to require an Environmental Impact Report and then make a
finding of overriding consideration in order to approve the project.
Caltrans would like to remind the City that mere consistency with a General Plan does not
alleviate,a projectfromproviding an environmental review of the project's impacts. In the
October 23, 2001 Fresno.City Council Workshop's "Thresholds of Significance handout on
CEQA,presented by City Pianning.Staff, it.is stated that:
"Accordingly, at least two.courts have held that conformity with a general plan does
not insulate a project from EIR review where it can be fairly argued that the project
will generate significant environmental effects (Oro Fino Gold Mining Corp. V.
County of El Dorado (1990 225 Ca1.App.3d 872), and City of Antioch v. City
Council (1986) 187 Cal.App.3d 1325."
"Caltrans improves mobility across California"
Exhibit 1-3
Mr. Arnoldo Rodriguez
March 8, 2005
Page 2
Additionally, consistency with the City's 2025 General Plan does not insulate a project from EIR.
review due to the type of EIR used for the General Plan Update and its lack of specificity. In
particular, the MEIR contained no analysis of State Facilities and therefore cannot be relied upon
to support projects that impact these facilities.
Caltrans notes that staff reports prepared for other projects have been deferring mitigation
pending the outcome of the interchange deficiency study. Testimony provided at the November
9, 2004 City Council hearing for a multi-family residential development at Ashlan and Parkway,
indicated that projects approved now will not be conditioned to mitigate at a later date when the
deficiency study is complete. The City should therefore not wait to require mitigation. If this
project is not required to address its impacts to the State Route (SR) 99/Ashlan Avenue
interchange, significant unmitigated impacts will remain. This project will contribute traffic
impacts on the interchange and should therefore provide a pro rata fair share to reduce its impact
to a level less than significant (per CEQA).
The City should consider a transit alternative for this project. The project is of sufficient size to
support transit, and early planning could make such an alternative feasible. Caltrans
recommends that this project be routed to Fresno Area Express (FAX)staff for their review and
comment. Please see Attachment Number 1 for other recommended transportation alternatives.
The City should also consider using the"Toolbox" from the San Joaquin Valley Growth
Response Study to prepare an analysis of the impacts created by this and other approved
developments in the City. This would help to clarify issues that have been raised since the
General Plan Update regarding densities in general and the High Rise Corridor specifically.
Caltrans is available to partner with the City in this endeavor.
We request that this letter be made a part of the permanent record for this project and that a copy
of our letter be included in the staff reports for both the City Council and the Planning
Commission. This will provide the decision-making body and the general public with a
complete and accurate environmental evaluation for the project.
If you have any questions,please call me at (559) 445-6666.
Sincerely,
MOSES STITES
Office of Transportation Planning
District 06
Attachments
C: Ms. Barbara Goodwin, Council of Fresno County Governments
"Caltrans improves mobility across California"
Exhibit 1-4
Herndon Interchange (SR 99)
NB off SB off
Exting (TE)
Future (TB)
P=T/(TB-TE)
Construction Cost (C)
Cost per tri
Trips generated (T)
Miti ation $17,850 $6,426
Note
Cost based on previous mitigation estimates (Herndon/Golden State TIS).
Trips trace (Tract 3%, TIS ' "August 19, 2004)
Sas$ ee�eYs Ev.g�Keer�� Gro�P
Office of Traffic Engineering
3/3/2005
Exhibit 1-5
cv
0 trips
� o
18 trips
♦ Herndon Avenue
Grandand Avenue
18 trips
L 34 trips
IFO
La
G
ca
�ok m
Exhibit 1-6
ATTACHMENT NUMBER 1
CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES:
Ongoing development throughout the City of Fresno, including this project, will make
traffic operations significantly worse by adding considerably to delay and congestion.
Transit alternatives can help reduce congestion and delay and reduce overall degradation
of air quality and gridlocked intersections. The City of Fresno should focus on ways to
eliminate trips in addition to enhancing capacity. Transportation alternatives the City
should consider include standard highway solutions along with the following:
I. Park and ride facilities on site or within the proximity of this project.
2. A study of the general accommodation and provision of mass transit in this area to
provide insight on ways of increasing transit usage.
3. Exploring the potential of commuter shuttles. The shuttle could be financed through
an assessment district and provide a way for individuals to utilize a park-and-ride
facility or commercial area parking lot and be shuttled to various commercial/office
centers within the area. Commuters who need to go further could use City of Fresno
transit if the City planned for convenient connections. This may help to reduce the
Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System.
4. Providing for continuity of non-motorized transportation.
5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit
passes for employees as well as including as a condition of project approval a covered
transit stop as mitigation for project-related impacts to the transportation/circulation
system.
6. Exploring the potential for linking the purchase of a monthly transit pass with new
residential development as partial mitigation for congestion and air quality impacts,
and to ensure the long term viability of public transportation.
City of
Ct'lllll�flL��;h�l/i
rr111C—=1 6 Planning & Development Department
2600 Fresno Street-Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559)498-1012
January 6, 2006
Please reply to:
Amoldo Rodriguez
(559) 621-8633
US Fish & Wildlife Service
Sacramento Fish & Wildlife Office
Attn: Dr. Jeff Jorgenson
2800 Cottage Way
W-2605
Sacramento, CA 95825-1846
SUBJECT: Follow-up letter from our conversation on December 8, 2005 (Project Reference
No. 1-1-05-TA-1773)
Enclosed you will find a copy of Vesting Tentative Tract Map No.5358,which was previously sent to
your office on August 18,2005 for initial review. After extensive discussions with the applicant,they
(i.e.the applicant)has amended their subdivision to provide the minimum 100 foot buffer around the
existing elderberry bushes. Please review the attached map and comment accordingly.
Should you have any questions, do not hesitate to contact me (559) 621-8633, via e-mail at
Arnoldo.Rodriguez@fresno.gov., or fax at(559) 621-1020.
Sincerely,
PLANNING DIVISION
Arnoldo Rodriguez 0
Supervising Planner
Enclosures: Letter from US Dept. of Interior dated August 31, 2005
Letter from Live Oak Associates, Inc. dated June 2, 2005
Tract Map No. 5358
77
City or
iiCJSC�\!��►�
rPlanning & Development Department
2600 Fresno Street- Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559)498-1012
March 30, 2005 Please reply to:
Amoldo Rodriguez
(559) 621-8633
AI Donner
US Fish & Wildlife Service
Sacramento Fish & Wildlife Office
2800 Cottage Way
W-2605
Sacramento, CA 95825-1846
SUBJECT: Request for comments for property located within the City of Fresno
Enclosed you will find two requests for comments for projects located in the City of Fresno. The two
projects are located on the south side of the San Joaquin River Bluff Edge and are adjacent to one
another(same developer). After a field visit, we have concluded that there are several elderberry
bushes, which are home to the elderberry beetle on or immediately adjacent to the project sites.
Both sites are proposed for development with single family residences. We are going to commission
a Phase I archeological study; however we have not done so for a biological study. Can you please
review the project and comment appropriately.
Site I(Application Nos. A-04-25 and R-04-83)
Plan Amendment Application No.A-04-25 and Rezone Application No. R-04-83,filed by Harbour&
Associates, on behalf of Riverfront Ventures, LLC, relate to approximately 16.64 acres of property
located on the south side of the San Joaquin River Bluff Edge between North Thiele and North
Weber Avenues. The plan amendment application proposes to amend the 16.64 acre site of the
2025 Fresno General Plan and the Bullard Community Plan from the light industrial planned land
use designation to the medium density residential planned land use designation. Rezone
Application No. R-04-83 proposes to reclassify the subject property from the AE-5/BP/UGM
(Exclusive Five Acre Agricultural Districb8luff Preservation Overlay/Urban Growth Management)
zone district to the R-1/BP/UGM(Single Family Residential/8luffPreservation Overlay/Urban Growth
Management) zone district. The subject applications would facilitate the development of a 65-lot,
single family residential subdivision.
Site 11(Application Nos. T-5358, R-04-93 and C-04-246)
Vesting Tentative Tract No. 5358/UGM, Rezone Application No. R-04-93&Conditional Use Permit
Application No. C-04-246, propose a 231 lot,single-family residential subdivision on approximately
51.8 acres of property located on the northwest corner of North Josephine Avenue and North
Riverside Country Club Drive, south of the San Joaquin River bluff. Rezone Application No. R-04-
93 proposes to reclassify the subject site from the AE-5 (Exclusive Five Acre Agricultural/Urban
Growth Management)&the AE-20(Exclusive Twenty Acre AgriculturaUUrban Growth Management)
zone districts to the R-1/BP/UGM (Single Family Residential/Bluff Preservation Overlay/Urban
Al Donner •
March 30, 2005
Page 2
Growth Management)zone district. Vesting Tentative Tract Map No. 5358 proposes to subdivide
the site into a 231 lot, single family subdivision, while Conditional Use Permit Application C-04-246
proposes a planned unit development(which includes gates to restrict vehicular access)for 141 of
the 231 lots.
From what I can gather, the site has been and is.currently vacant. I researched our records and
could not locate any building permits. The land is currently fallow.
As for the fee, you may either send us an invoice or we may establish an account, which ever
method works best for you.
Should you have any questions, do not hesitate to contact me (559) 621-8633, viae-mail at
Amoldo.Rodriguez@fresno.gov., or fax at(559) 621-1020.
Sincerely,
PLANNING DIVISION
-� ZLIM—
Arnoldo Rodriguez
Planner III
Enclosures: __,_20.02-Aer..iaipEiQto of the site
Topographic Map
Assessor Parcel Maps
Bullard Community Plan (area outlined)
Legal Description (four pages)
City of
Department of of Public Utilities
Solid Waste Division
1325 E. EI Dorado • Fresno, California 93706-2014
(559) 621-1452
www.fresno.gov
November 30, 2004
TO: Arnoldo Rodriguez, Planner III
Development Department, Planning Division
THROUGH: Robert Weakley, Chief of Operations
Department of Public Utilities, Solid Waste Division
FROM: Donna Leslie, Staff Assistant
Department of Public Utilities, Solid Waste Division
SUBJECT: TT 5358, Solid Waste Conditions of Approval
The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting
Tentative Tract Map 5358 which was submitted by Harbour& Associates on behalf of River-front
Ventures, LLC. The following requirements and conditions are to be placed on this vesting
tentative tract map as a condition of approval by the Department of Public Utilities.
General Requirements:
• Tract 5358 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.
Page I of 2
Special Conditions:
• There shall be no parking allowed in the cul-de-sac on the solid waste service day. The
following lots shall be clear of all vehicles by 6:00 a.m.
Cul-de-sac, lots 181, 182 and 183
• Developer shall provide a temporary turnaround where any street does not connect to
another street. Turnaround shall be large enough to accommodate a solid waste truck that
is approximately 35' feet long with a turning radius of 44'. Turnaround shall be clear of all
vehicles by 6:00 a.m. on the solid waste service day.
• Entrance/Exits gates shall be a minimum of 18' on each side. Need access to gates by
6:00 a.m.
Page 2 of 2
JAConditions of Approval TT5358.wpd
Fresno
*ANff=Qf
City of
Lm-in
zoo
City Hall 559-621-8800 Public Works Department
2600 Fresno Street.Rm.4064 David Healey, Director
Fresno,CA 93721-3623
www.fresno.00v
February 4, 2005
Peters Engineering Group
John Rowland
55 Shaw Avenue, Suite 220
Clovis, CA. 93612
SUBJECT: TRAFFIC IMPACT STUDY (TIS) REVIEW FOR THE PROPOSED SUBDIVISION T5358
AND PLAN AMENDENTMENT
This project located northeast of the intersection of Thiele and Josephine Avenue proposes to construct
65 single family residential units. Based on the ITE Trip Generation manual it is estimated that this
project will generate 174 am and 234 peak hour trips. All projects that are projected to generate 100 or
more peak hour trips shall prepare a TIS as identified in the 2025 Fresno General Plan, Mitigation
Measure B-4, b.
As mitigation measure, this project shall construct Bryan Avenue between Josephine and Herndon
Avenue with two (2) seventeen (17) foot center section travel lanes. Additional right-of-way and
construction is required adjacent to the southbound dual lefts as depicted on Exhibit B.
Reconstruct the signal at the intersection of Bryan Avenue and Herndon Avenue. The geometry shall be
per Exhibit B. Said Signal shall be complete with left turn phasing, actuation and signal pre-emption.
This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the
trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Refer to the adopted
Master Fee Schedule for fee rate. This fee shall be paid at time of building permit.
If you have any question, please do not hesitate on contacting David Padilla at(559)621-8798 or by
email: david.padiliaCa5fresno.00v
Sing ly,
Jose Luis Benavides, ra Ic Engin g Manager
Public Works Department, Engineering Services
C: Traffic Planning Reading File
Louise Monroe,Supervising Engineering Technician,City of Fresno
-1—
G.\Traffic Impact Studies\T5358 Response.DOC
City of
DATE: December 2, 2004
TO: Arnoldo Rodriguez, Planner III
Development Department, Planning Division
THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager
Public Works Department, Engineering Division
FROM: Louise Monroe, Traffic Planning Supervisor
Public Works Department, Engineering Division
SUBJECT: TT 5358, Public Works Conditions of Approval
(Josephine: between Weber and Riverside Country Club Drive)
The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map
5358, which was submitted by Riverfront Ventures, LLC. The following requirements are to be placed on
this tentative tract map as a condition of approval by the Public Works Department.
General Conditions:
Provide handicap access ramps at all comers within the limits of this subdivision.
Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno
Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229.
Submit the following plans, as applicable, in a single package, to the Public Works Department for review
and approval: Street Construction, Signing, Striping, Traffic Signal, Streetlight, Landscape and Irrigation.
Frontage Improvement Requirements:
Josephine Avenue: Local Street
1. Dedicate 30'-36' of property on the north side and 21' of property on the south side, (measured
from center line) for public street purposes within the limits of this subdivision to meet the current
City of Fresno Local Standards.
2. Construct twenty (20) feet of permanent paving (north side) and sixteen (16) feet of permanent
pavement (south side) within the limits of this subdivision. Additional paving shall be required to
accommodate a eastbound left turn lane at Riverside Country Club Drive.
3. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern
shall be constructed to a 10-foot residential pattern.
4. Construct an underground street lighting system to Public Works Standard E-2 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local
Streets.
5. Relinquish direct vehicular access rights to Josephine Avenue from all lots and outlots within this
subdivision.
Page 1 of 3
CAI-ouise\TRACT MAPS\T-5358 JOSEPHINE.doc
Riverside Country Club Drive: Local Street
1. Dedicate 60'-72' of property, for public street purposes within the limits of this subdivision to meet
the current City of Fresno Standards. (72' for the first 150' then 100' transition back to 60')
2. Provide a 30' curb radius at the northwest corner of Riverside Country Club Drive and Josephine
Avenue. A comer cut dedication is required.
3. Construct twenty (20) feet of permanent paving (west side) and sixteen (16) feet of permanent
pavement (east side) within the limits of this subdivision. Additional paving shall be required to
accommodate a southbound left tum lane at Josephine Avenue.
4. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern
shall be constructed to a 10-foot residential pattern.
5. Construct an underground street lighting system to Public Works Standard E-2 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local
Streets.
Thiele Avenue: Local Street
1. Dedicate 30' of property on the east side and 21' of property on the west side, (measured from
center line) for public street purposes within the limits of this subdivision to meet the current City
of Fresno Local Standards.
2. Construct twenty (20) feet of permanent paving (east side) and sixteen (16) feet of permanent
pavement (west side) within the limits of this subdivision.
3. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern
shall be constructed to a 10-foot residential pattern.
4. Construct an underground street lighting system to Public Works Standard E-2 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local
Streets.
5. Relinquish direct vehicular access rights to Thiele Avenue from all lots and outlots within this
subdivision.
Interior Streets:
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
patters shall comply with Public Works API Standards for fifty (50) foot streets.
Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance
with the Pubic Works Standard P-44.
Specific Mitigation Requirements:
1. This tract will generate 173 a.m. /233 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS)
is required to comply with the mitigation measure requirements of the 2025 General Plan
circulation element. A project trip generation and trip trace study has been submitted on
August 17, 2004. -
2. The first order of work shall include a minimum of two points of vehicular access to the major
streets for any phase of this development.
Page 2 of 3
CALouise\TRACT MAPS\T-5358 JOSEPHINE.doc
3. Thiele Avenue:
a. Provide a paved temporary turn around at the north end.
b. The intersection shown at Thiele/Josephine does not line up. Redesign and additional
dedications for street rights of way will be required. Provide additional information
including all 4 corners and resubmit.
4. Riverside Country Club Drive:
a. Provide a cul-de-sac per Public Works Standards at the north end. Provide additional
information
b. Due to the "excessive length" of this block construct bulb-outs and raised concrete
medians (choker) directly across proposed lots 80 and 81 and 73 and 74. See Exhibit"B"
c. Curbside parking shall be prohibited on the southerly 150' for visibility. This shall be
disclosed to all potential buyers of the southerly two lots of said street.
5. Bryan:
a. Provide an additional 12' of paving for 100' to accommodate for a southbound right tum
lane on Bryan at Herndon.
UGM Requirements:
This Map is in UGM major street zone C/13-2; therefore pay all applicable UGM fees.
Bryan Avenue: Collector
1. Dedicate and construct (2) two 18' center section travel lanes from the southeast boundary of this
map south to Herndon. Dedication shall be sufficient to accommodate additional paving and any
other grading or transitions as necessary based on a 55 MPH design speed.
2. Install a signal pole with a 150-watt safety light to Public Works Standards at the northwest comer
of Riverside Country Club Drive/Bryan and (Spruce/Josephine)/Bryan.
3. Signalize the intersection of Bryan and Herndon (at the ultimate location) complete with actuation,
signal pre-emption and left tum phasing.
Page 3 of 3
CALouise\TRACT MAPS\T-5358 JOSEPHINE.doc
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PATI M 15 6REA9F,THAN 10'.PAINT CLW5"W',
File No.210.413
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
.
Mr. Gil Haro, Planning Manager RIVERFRONT VENTURES, LLC
Planning & Development Department 20750 VENTURA BLVD., STE. 205
City of Fresno WOODLAND HILLS, CA 91364
2600 Fresno Street -
Fresno,CA 93721
PROJECT NO. 2004-246 PRELIMINARY FEE(S) (See below)
DRAINAGE AREA " EH " " EI DRAINAGE AREA EH $185,933.00
DATE I Z— 8—C>L4 DRAINAGE AREA EI $122,614.00
APN 504-050-03, 08, 504-130-13 TOTAL FEE $308,547.00
ADDRESS NWC RIVERSIDE C. C. DR. & JOSEPHINE
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the Z
California Environmental Quality Act and the National Environmental Policy Act. The District O
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 t O
issuance of a building permit at the rates in effect at the time of such issuance. The fee
indicated above is valid through February 28, 20 05 based on the site plan submitted to O
the District on 11/03/04 Contact FMFCD for a revised fee in cases where changes are
made in the proposed site plan which materially alter the proposed impervious area.
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.
2004.246 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
I •?� -�cy rti r�'NL (A.
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 4-2
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan. ,
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities
to be constructed by Developer".
None required.
;. 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 Final Map
X Street Plan X Water& Sewer Plan Other
4. Availability of drainage facilities:
a. Permanent drainage service is available provided the developer can verify to the
satisfaction of the City of Fresno that runoff can be safely conveyed to the
Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will provide
permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
X d. See Exhibit No. 2.
5. The proposed development:
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.
2004-246 5469 E.OLIVE - FRESNO.CA 937-77 - (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 Board (State Board), Z
develop and implement a storm water pollution prevention plan, eliminate non-storm O
water discharges, conduct routine site inspections, train employees in permit compliance,
and complete an annual certification of compliance. ■
O
b. State General Permit for Storm Water Discharges Associated with Industrial Activities, O
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.
2004.246 5469 E.OLIVE - FRESNO,CA 93'-_7 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office) to meet
the requirements of the State General Permits, eliminate the potential for non-storm
water to enter the municipal storm drain system, and where possible minimize contact
with materials which may contaminate storm water runoff.
7. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
g. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendations and requirements.
Gerald E. Lakeman, Pro' ct Engineer: Jamie Miller
District Engineer, Assistant General Manager
C: HARBOUR& ASSOCIATES
375 WOODWORTH AVE., STE. 103
CLOVIS, CA 93612
2004.246 5169 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
ham..
NOTE:
THIS DRAWING IS SCHEMATIC,
DISTANCES ARE APPROMMATE.
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Master Plan Facilities To Be Constructed By Developer-
Pipeline(size Shown)&Inlet
® Temporary Inlet to be Constructed
(Non-eligible for Fee Credit)
®--- — — Future MasterPlan Facilities SCALE I"=500'
Direction Of Drainage
-––––––- Inlet Boundary
Drainage Area Boundary CUP 2004-246
EXHIBIT N0. 1 DRAINAGE AREA:"EI","EH'►
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FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
MAMW. MM oAW- „ma
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OTHER REQUIREMENTS
EXHIBIT NO. 2
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.
Construction of the thirty six-inch (36") storm drain line within Bryan Avenue as shown on
Exhibit No. 1 will provide a portion of CUP 2004-246 with permanent drainage service. The
remaining portions of CUP 2004-246 will not have permanent drainage service available. The
District recommends temporary facilities until permanent drainage service is available.
A minimum fifteen-foot (15') wide storm drain easement will be required whenever storm drain
facilities are located on private property. No encroachments into the easement will be permitted
including, but not limited to, foundations, roof overhangs, swimming pools, and trees.
No surface run-off shall be directed towards the bluffs.
Development No. CUP 2004-246
engr\permi is\exh ibi ts2\city-cup\2004\2004-2466m)
File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL.DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro, Planning Manager RIVERFRONT VENTURES, LLC
Planning & Development Department 20750 VENTURA BLVD., STE. 205
City of Fresno WOODLAND HILLS, CA 91364
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 5358 PRELIMINARY FEE(S) (See below)
DRAINAGE AREA(S) " EH EI DRAINAGE AREA EH $185,933.00
DATE ( Z— g-vim{ DRAINAGE AREA EI " $122,614.00
TOTAL FEE $308,547.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The O
District in cooperation with the City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to w
approval of the final map for the fee.
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
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 inlieuof paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
5358 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
r
i
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.
L?c. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan X Storm Drain Plan X Final Map
X Street Plan X Water& Sewer Plan Other
4. Availability of drainage facilities:
a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
X d. See Exhibit No. 2.
5. The proposed development:
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, zY
necessitating appropriate floodplain management action. See attached Floodplain Policy
X Does not appear to be located within a flood prone area
Ai
sssa 5469 E.OLIVE — FRESNO,CA 93727 - (559)456-3292 - FAx(539)456-3194 Twos�deddP6,S
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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
Mi
.
State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading, and disturbances to the ground
that result in soil disturbance of at least one acre (or less than one acre if part of a larger
common plan of development or sale). Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control Z
Board (State Board), develop and implement a storm water pollution prevention plan,
eliminate non-storm water discharges, conduct routine site inspections, train employees 0
in 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 C*
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.
5353 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3293 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office) to
meet the requirements of the State General Permits, eliminate the potential for non-
storm water to enter the municipal storm drain system, and where possible minimize
contact with materials which may contaminate storm water runoff.
7. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
g. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendations and requirements.
Gerald E. Lakeman, Proj t Engineer: Jamie Miller
District Engineer, Assistant General Manager
C: HARBOUR& ASSOCIATES
375 WOODWORTH AVE., STE. 103
CLOVIS, CA 93612
sass 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
NOTE.
THIS DRAWING IS SCHEMATIC,
DISTANCES ARE APPRO,MIATE.
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LEGEND
Master Plan Facilities To Be Constructed By Developer-
Pipeline(size Shown)&Inlet
Temporary Inlet to be Constructed
(Non-eligible for Fee Credit)
�1— — — Future Master Plan Facilities SCALE I"=500'
Direction Of Drainage
-------- Inlet Boundary
Drainage Area Boundary TRACT 5358
EXHIBIT N0. 1 DRAINAGE AREA:"EI",11011
•
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
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OTHER REQUIREMENTS
EXHIBIT NO. 2
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.
Construction of the thirty six-inch(36") storm drain line within Bryan Avenue as shown on Exhibit
No. 1 will provide a portion of Tract 5358 with permanent drainage service. The remaining portions
of Tract 5358 will not have permanent drainage service available. The District recommends
temporary facilities until permanent drainage service is available.
A minimum fifteen-foot (15') wide storm drain easement will be required whenever storm drain
facilities are located on private property. No encroachments into the easement will be permitted
including, but not limited to, foundations, roof overhangs, swimming pools, and trees.
No surface run-off shall be directed towards the bluffs.
Development No. Tract 5358
engr\perm it\exhibitsNract\53 596m)
City of
1—F I k]_US VA®g,
DEPARTMENT OF PUBLIC UTILITIES
Date: August 25, 2005
To: ARNOLDO RODRIGUEZ, Planner III
Planning and Development Department, Current Plannin
From: DOUG HECKER, Supervising Engineering Technician
Department of Public Utilities, Planning and Engineering
Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5358/UGM, C-04-246
AND R-04-93
General
Vesting Tentative Tract No. 5358/UGM, Conditional Use Permit No. 04-246 and Rezoning
Application No. 04-93, a 231-lot single-family residential subdivision with 141 planned development
lots, rezoning from AE-5 and AE-20 to R-1/UGM on 51.8 acres located on the northwest corner of
North Josephine Avenue and North Riverside Country Club Drive.
Environmental Recommendations
A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but
impacts can be mitigated without further study or are not serious enough to warrant an Environment
Impact Report.
Sanitary Sewer Requirements
The following sewer improvements shall be required prior to providing City sewer service to the
project:
1. The following off-site sanitary sewer main extensions are required:
a. Construct a 12-inch sanitary sewer main in North Bryan Avenue from West Hemdon
Avenue north to Josephine Avenue.
b. Construct an 8-inch sanitary sewer main in North Riverside Country Club Drive from
Josephine Avenue north across the frontage of the development.
c. Construct a 10-inch sanitary sewer main in Josephine Avenue from North Bryan Avenue
west to North Thiele.Avenue.
d. Construct a 10-inch sanitary sewer main in North Thiele Avenue from Josephine Avenue
north across the frontage of the development.
2. Sewer mains shall be constructed within the tract as delineated by the City's preliminary sewer
review plan to service each lot created.
3. Separate sewer house branches shall be provided for each lot created.
4. All public sewer facilities shall be constructed in accordance with Department of Public Works
standards, specifications, and policies.
5. Abandon all existing on-site private sewer septic systems in accordance with City standards,
specifications, and policies.
6. Engineered improvement plans prepared to City Standards by a Registered Civil Engineer are
required for proposed additions to the sanitary sewer system.
7. A preliminary sewer design plan layout shall be prepared by the Developer's Engineer and
submitted to the Department of Public Utilities for review and conceptual approvals prior to
submittal or acceptance of the developers final map and engineered plan &profile improvement
drawings for City review.
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
1. Sewer Lateral Charge
2. Oversize Sewer Area: #19
3. Trunk Sewer Charge: Herndon
4. Wastewater Facilities Charge (Residential Only)
Water Requirements
The following water improvements shall be required prior to providing City water service to the
project:
1. The following off-site water extensions (including installation of City fire hydrants) are required:
a. Construct a 14-inch water main in North Bryan Avenue from West Herndon north to
Josephine Avenue.
b. Construct a 14-inch transmission grid water main in Josephine Avenue from North Thiele
Avenue east and connect to the existing 14-inch main in West Spruce Avenue.
c. Construct a 14-inch transmission grid water main in North Thiele Avenue from Josephine
Avenue north across the frontage of the development.
d. Construct an 8-inch water main in North Riverside Country Club Drive from Josephine
Avenue north across the frontage of the development.
2. Water mains (including installation of City fire hydrants) shall be constructed within the tract to
service each lot created.
3. Separate water services with meter boxes shall be provided to each lot created.
4. Installation(s) of public fire hydrant(s) are required in accordance with City Standards
5. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are
required to serve the tract including any subsequent phases thereof. The two-source requirement
may be accomplished through any combination of water main extensions, construction of supply
wells, or other acceptable sources of water supply approved by the Water Systems Manager.
6. Public water facilities shall be constructed in accordance with the Department of Public Works
standards, specifications, and policies.
7. Seal and abandon existing on-site well in compliance with per the State of California Well
Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources
and City of Fresno standards.
8. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed
additions to the City Water System.
Water Fees
The following Water Connection Charges and fees shall be paid for the project:
1. Wet-tie(s) and meter(s) installations to be performed by the City Water Division
2. Frontage Charge
3. Transmission Grid Main Charge
4. Transmission Grid Main Bond Dept Service Charge
5. UGM Water Supply Area: #201s
San Joaquin Valley
Air Pollution Control District
November 4, 2004 Reference No. 729DEV2004
^
Amoldo Rodriguez it��' `� _ I, �f ��a FLJ
Planning & Development
2600 Fresno St.,Third
Fresno, CA 93721-36041oor �u 3 77104
Subject: T-5358, R-04-93, C-04-246 (7309 N. Josephine)
.:J
Dear Mr. Rodriguez:
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced
above and offers the following comments:
The entire San Joaquin Valley Air Basin is classified non-attainment for ozone and fine particulate matter
(PM10). This project will contribute to the overall decline in air quality due to increased traffic and ongoing
operational emissions. This project may generate significant air emissions and it will reduce the air quality in
the San Joaquin Valley. The project will make it more difficult to meet mandated emission reductions and air
quality standards. A concerted effort should be made to reduce project-related emissions as outlined below:
Preliminary analysis indicated that the potential emissions from this project exceed the District's Thresholds
of Significance for adverse air quality impacts. These thresholds are 10 tons per year for either of the
following two ozone precursor emissions: reactive organic gases (ROG) or oxides of nitrogen (NOx). The
District recommends the preparation of an Air Quality Impact Assessment (AQIA) and a Traffic Impact Study
to determine impacts when projects are of this size, unless an analysis has been accomplished for a recent
previous approval such as a general plan amendment or zone change. Please indicate to the District if the
project has been analyzed and what the results were from any previous study.
The District does not typically recommend quantifying PM10 emissions from construction activities. The
District considers that PM10 emissions are reduced to levels considered less-than-significant through
carpliance vii.h tha District's Regulation V!II (Fugitive PNA10 Prohibitions) rules. If construction activity is
especially intense, or sensitive receptors are nearby, the District recommends applying the enhanced PM10
control measures listed in the Guide for Assessing and Mitigating Air Qualify Impacts (GAMAQI). However,
construction generated ROG and NOx may exceed the District's annual ozone precursor thresholds, and
may be a significant source of air pollution.
The District recommends using the URBEMIS 2002 program to calculate project area and operational
emissions and to identify mitigation measures that reduce impacts. URBEMIS can be downloaded from the
South Coast Air Quality Management District's website at: httr)://www.agmd.00v/cega/urbemis.html. If the
analysis reveals that the emissions generated by this project will exceed the District's thresholds, this project
may significantly impact the aiftient air quality if not sufficiently mitigated. The project applicant or
consultant is encouraged to consult with District staff for assistance in determining appropriate methodology
and model inputs. Questions regarding URBEMIS 2002 should be directed to Jennifer Barba or. Hector
Guerra at (559) 230-5800.
Mr. Rodriguez November 4,2004
T-5358, R-04-93, C-04-246 Page 2
Based on the information provided, the proposed project will be subject to the following District rules. The
following items are rules that have been adopted by the District to reduce emissions throughout the San
Joaquin Valley, and are required. Current District rules can be found at—
http://www.valleyair.orci/rules/1 ruleslist.htm.
Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules
designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including
construction, road construction, bulk materials storage, landfill operations, etc. If a residential project is
10.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule
8021. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written
notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see
section 6.4.1). A compliance assistance bulletin has been enclosed for the applicant. A template of the
District's Dust Control Plan is available at:http://www.vallevair.oro/busind/comply/PM10/forms/DCP-
Form%20-%2010-14-2004.pdf
Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other
materials. In the event that the project or construction of the project creates a public nuisance, it could
be in violation and be subject to District enforcement action.
Rule 4103 (Open Burning) regulates the burning of agricultural material. Agricultural material shall not
be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that
the project burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to
District enforcement action.
Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This
rules specifies architectural coatings storage, clean up and labeling requirements.
Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If
asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule
applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for
paving and maintenance operations.
Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and Rule 4902 (Residential Water
Heaters) limit the emissions of PM10 and NOx in residential developments. On July 17, 2003, the
District's Governing Board adopted amendments to Rule 4901. Construction plans for residential
developments may be affected by section 5.3, specifically:
§5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments.
Beginning January 1,2004,
5.3.1 No person shall install a wood burning fireplace in a new residential development with a density
greater than two(2)dwelling units per acre.
5.3.2 No person shall install more than two(2)EPA Phase 11 Certified wood burning heaters per acre in
any new residential development with a density equal to or greater than three (3) dwelling units per
acre.
5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per
dwelling unit in any new residential development with a density equal to or less than two (2) dwelling
units per acre.
More information about Rule 4901 can be found at our website- www.vallevair.org. For compliance
assistance, please contact Mr.Wayne Clarke, Air Quality Compliance Manager, at 230-5968.
The District encourages innovation in measures to reduce air quality impacts. There are a number of
measures that could be incorporated into the design/operation of this project to provide additional reductions
of the overall level of emissions. (Note: Some of the measures may already exist as City development
standards. Any measure selected should be implemented to the fullest extent possible.) The measures
listed below should not be considered all-inclusive and remain options that the project proponent should
consider:
• Trees should be carefully selected and located to protect the buildings from energy consuming
environmental conditions, and to shade paved areas. Structural soil should be used under paved areas
to improve tree growth. A brochure has been included for the applicant.
For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/
Mr. Rodriguez November 4,2004
T-5358, R-04-93, C-04-246 Page 3
For Tree Selection see http://www.ufei.org/
For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu
http://www.lgc.org/bookstore/energv/downloads/siv tree quidelines.odf
• If transit service is available to the project site, improvements should be made to encourage its use. If
transit service is not currently available, but is planned for the area in the future, easements should be
reserved to provide for future improvements such as bus turnouts, loadint areas, route signs and shade
structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by
the project.
• Sidewalks and bikeways should be installed throughout as much of the project as possible to encourage
walking and bicycling. Connections to nearby public uses and commercial areas should be made as
direct as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor
vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate
pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be
accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such
pathways should be easy to navigate, designed to facilitate pedestrian movement through the project,
and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles
and automobiles. Pathways through the project should be built in anticipation of future growth.
Specifically: Mid-block paths should be installed to facilitate pedestrian movement through long
blocks (over 500' in length) and cul-de-sacs. Two possible locations for mid-block paths are:
Between lots 19/107 and lots 20/106
Between lots 103/75 and lots 102J76
• As many energy-conserving features as possible should be included the project. Energy conservation
measures include both energy conservation through design and operational energy conservation.
Examples include (but are not limited to):
- Increased energy efficiency (above California Title 24 Requirements)
See http://www.eneray.ca.-gov/title24/.
- Energy efficient widows (double pane and/or Low-E)
- High-albedo (reflecting) roofing material. See http://eetd.lbl.gov/coolroof/
- Cool Paving.
See http://www.harc.edu/harc/Projects/CoolHouston/ , http://eande.lbI.gov/heatisland/
- Radiant heat barrier. See http://www.eere.enerqy.gov/consumerinfo/refbriefs/bc7.htmI
- Energy efficient lighting, appliances, heating and cooling systems.
See http://www.energystar.00v/
- Install solar water-heating system(s)
- Install photovoltaic cells
- Programmable thermostat(s)for all heating and cooling systems
- Awnings or other shading mechanism for windows
- Porch, patio and walkway overhangs
- Ceiling fans, whole house fans
- Orient the units to maximize passive solar cooling and heating when practicable
- Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels)
See http://www.eere.energy.gov/RE/solar passive.html
- Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows
etc. See http://www.advancedbuildings.org
- Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance
equipment
- Pre-wire the units with high.speed modem connections/DSL and extra phone lines
- Natural gas fireplaces (instead of wood-burning fireplaces or heaters)
- Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage
the use of gas and/or electric barbecues
- Low or non-polluting incentives items should be provided with each residential unit (such items could
include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.)
- Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site
More information can be found at: http://www.lgc.org, http://www.sustainable.doe.ciov/,
http://www.consumerenergvicenter.org/index.html http://www.ciwmb.ca.gov/GreenBuilding/
Mr. Rodriguez November 4, 2004
T-5358, R-04-93, C-04-246 Page 4
• The applicant should implement measures to reduce the amount of vehicle traffic to and from the project
area that further reduce air pollution in the valley. This could include providing an information center for
residents to coordinate carpooling. Check out the "Spare the Air" section of our website
www.vallevair.org
• The project should include as many clean alternative energy features as possible to promote energy self-
sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity
systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy
equipment. More information can found at-
http://www.dsireusa.org/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/
• Construction activity mitigation measures include:
- Limit traffic speeds on unpaved roads to 15 mph
- Install sandbags or other erosion control measures to prevent silt runoff to public roadways from
sites with a slope greater than one percent
- Install wheel washers for all exiting trucks, or was off all trucks and equipment leaving the site
- Install wind breaks at windward side(s).of construction areas
- Suspend excavation and grading activity when winds exceed 20 mph
- Limit area subject to excavation, grading, and other construction activity at any one times
- Use catalyst equipped diesel construction equipment.
- Minimize idling time (e.g. 10 minute maximum)
- Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use
- Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a
portable generator set)
- Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing
of construction activity during the peak-hour of vehicular traffic on adjacent roadways, and "Spare the
Air Days"declared by the District.
- Implement activity management (e.g. rescheduling activities to reduce short-term impacts)
- Construction equipment should have engines that are Tier II (if available as certified by the Air
Resources Board). Tier I and Tier II (2.5 gram) engines have a significantly less PM and NOx
emissions compared to uncontrolled engines. Onsite equipment should be equipped with 1998 or
newer engines. Engines built after 1998 are cleaner Tier II engines. To find engines certified by the
Air Resources Board, see http://www.arb.ca.qov/msprog/offroad/cert/cert.PhD. This site lists
engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified
as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality
Specialist, at (559) 230-5831.
- Off road trucks should be equipped with on-road engines when possible.
- Light Duty Cars and Trucks should be alternative fueled or hybrids.
District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements
that ara associated with this project. If you have any questions or require further information, please call me
at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at (559) 230-5820 and provide the
reference number at the top of this letter.
Sincerely,
Chrystal Meier
Student Intern
Central Region
Hector R. Guerra
Senior Air Quality Planner
Enclosures
c:file
San .Joaquin Valley
Air Pollution Control District
COMPLIANCE ASSISTANCE BULLETIN
October 2004
Fugitive Dust Control at Construction Sites: New Requirements
Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that
�",, generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from
r rthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern
at construction sites.
The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1,
2004. This is a basic summary of the regulation 's requirements as they apply to construction sites.
Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by
equipment or by wind at any time. Visible Dust Emissions opacity of 20% means dust that would obstruct an .
observer's view of an object by 20%. District inspectors are state certified to evaluate visible emissions. Dust
control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing
work to limit dust, and setting up wind fences to limit wind blown dust.
Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and
holidays. This requirement also applies to inactive construction areas such as phased. projects where
disturbed land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle
access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including
applying dust suppressants and establishing vegetative cover.
Carryout and Trackout occur when materials from emptied or loaded vehicles falls onto a paved surface or
shoulder of a public road or when materials adhere to vehicle tires and are deposited onto a paved surface or
shoulder of a public road. Should either occur, the material must be cleaned up at least daily, and immediately
If it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods
require the complete removal and cleanup of mud and dirt from the paved surface and shoulder. Using a
blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a
violation. Larger construction sites must prevent carryout and trackout from occurring by installing gravel pads,
grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from the site.
Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at
construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at
construction sites must be posted every 500 feet.
Storage Piles and Bulk Materiels have handling, storage, and transportation requirements that include
applying water when handling materials, wetting or covering stored materials, and installing wind barriers to
limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along
Northern Region Office Central Region Office Southern Region Office
4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700'M' Street,Suite 275
Modesto, CA 95356-9321 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373
(209)557-6400 ♦ FAX(209)557-6475 (559) 230-6000 ♦ FAX(559)230-6062 (661)326-6900 + FAX(661)326-6985
with applying water to the top of the load, and covering the cargo compartments are effective measures for
reducing VDE and carryout from vehicles transporting bulk materials.
Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces
',,, where materials may fall. Consider all structures slated for demolition as possibly being regulated because of
r asbestos,'per'Distri ,Rule 4002 - National Emission Standards for Hazardous Air Pollutants. Contact the
Distract well before starting because a 10 working day notice.will likely be required before a demolition can
; n Qust.Cont of Plans identify the dust sources and describe the dust control measures that will be implemented
z before,'during, and after any dust generating activity for the duration of the project. Owners or operators are .
required to submit plans to the District if, at anytime, the project involves:
• Residential developments of ten or more acres of disturbed surface area.
• Non-residential developments of five or more acres of disturbed surface area.
• Relocating more than 2,500 cubic yards per day of materials on at least three days.
Construction activities may not commence until the District has approved the Dust Control Plan.
Notification by owners or operators of construction projects that are at least one acre in size and where a
Dust Control Plan is not required, must provide written notification to the District at least 48 hours in advance of
any earthmoving activity.
Record Keeping is required to document compliance with the rules and must be kept for each day any dust
control measure is used. The District has developed record forms for water application, street sweeping, and
"permanent' controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or
other durable materials. Records must be kept for one year after the end of dust generating activities (Title V
sources must keep records for five years).
Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all
Regulation VIII requirements and Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other
Earthmoving Activities exempts the following construction and earthmoving activities:
• Blasting activities permitted by California Division of Industrial Safety.
• Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the
existing building or less than 10,000 square feet (due to asbestos concerns, contact the District at least
two weeks ahead of time).
• Additions to single family dwellings.
• The disking of weeds and vegetation for fire.prevention on sites smaller than '/ acre.
• Spreading of daily landfill cover to preserve public health and safety and to comply with California
Integrated Waste Management Board requirements.
Nuisances are prohibited at all times because District Rule 4102 Nuisance applies to all construction
sources of fugitive dust, whether or not they are exempt from Regulation Vlll. It is important to monitor dust-
generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive
dust.
For more information please contact the Compliance Division of the District office nearest to you. Information
on Regulation VIII, where you may obtain copies of record keeping forms, the Dust Control Plan template, and
the Construction Notification form, is available on the District's website at:
www.valleyair.org
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CENTRAL UNIFIED SCHOOL DISTRICT FAddtuawc ��� C
4603 NORTH POLK AVE FRESNO, CA 93722-3334•(339)276-3206-Ipowc114centra1usd.k12.ca.u6
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ti
DISTRICT SUPERINTENDENT I i) OOL
Larry L. Powell - – ----' - —
February 1, 2005
TRUSTEES:
City of Fresno 9 Cindy Berube
Planning Department 2 Z 0 Terry Cox
Judith Geringer
2600 Fresno Street Theresa Hagans
Fresno, CA 93721 Diana Milla
Phil Rusconi
Attn: Arnoldo Rodriquez Mike Yada
Subject: File No.: TT 5358
Central Unified School District has the following conditions/comments for the above project(s):
The proposed project will add approximately 133 K-12 grade students to the District's average
daily attendance.
Number of tract lots = 231
Grade Level: # of Students Generated
K-6 grade students 83
7-8 grade students 22
9-12 grade students 28
TOTAL K-12 grade 133
Condition of approval:
1. School Developer Fees shall be paid on all new residential construction within the
proposed subdivision, in accordance with a resolution adopted by the Central Unified
School District, pursuant to Govemment Code section 65995 and Educational Code
section 17620.
2. Install concrete sidewalks/curbs/gutters on both sides of the interior streets for the
proposed subdivision in a manner consistent with the existing subdivisions in the area
and to City standards.
3. Install a permanent school bus pull-out located along a perimeter avenue per the
attached design drawing. The District is willing to work with the Developer to
determine the location of this permanent school bus pull out.
GEOFFREY M.GARRATT JOHN MULLIGAN SARAH KOLIGIAN
Assistant Superintendent,Personnel Assistant Superintendent, Business Assistant Superintendent, Instruction
(559)276-5224 (559)276-5200 (559) 276-3115
FAX(559)276-2983 FAX (559)275-0394 FAX(559) 276-3102
2/1/2005
TT 5358
Page 2
The District will be able to accommodate these new students at the schools of attendance
indicated below. To offset the cost to house these students, the District currently levies
development fees of $2.24 per square foot for residential development and $0.36 per square
foot for commercial / industrial development. As a point of information, development fees are
subject to increase every two years by the State Allocation Board. Any new development on the
property will be subject to the development fees in place at the time development fee certificates
are obtained.
Sidewalks along interior neighborhood streets and major exterior streets provide the necessary
identifiable boundary between students and traffic, and provide a safe place for students
walking to and from existing school sites and bus stops.
Bus transportation is currently provided for:
• K-8`h grade students residing at least one mile or more from their school of attendance;
• 9th_12th grade students residing at least two miles or more from their school of
attendance.
At this time, however, an identifiable safe walking route does not exist to one or more schools of
attendance and until such time that a safe walking route is established, bus transportation will
be provided to those students. The District has concluded using interior subdivision streets are
not adequate or safe for bus turning and/or navigation movements. Therefore, the District will
require a permanent bus pull out, separated from traffic lanes by a landscaped median strip.
Attached is a design drawing that meets approval by the City Traffic Engineering Manager.
The following school of attendance information is provided:
Elementary School Information:
(a) School Name: River Bluff Elementary
Address: 6150 W. Palo Alto
Telephone: 276-6001
Middle School Information:
(a) School Name: Rio Vista
Address: 6240 W. Palo Alto Ave.
Telephone: 276-3185
High School Information:__
(a) School Name: Central High School — East Campus
Address: 3535 N. Comelia Ave
Telephone: 559-276-0280
2/1/2005
TT 5358
Page 3
(b) Currently, Central High School - West Campus is a mandatory attendance 9t'
grade school with optional programs for grades 10th -12'h
The California Department of Education has current API scores - see:
http://www.cde.ca.ciov/ta/ac/aP/index.asp (however this site does not have current District
enrollment data -see: http://www.ed-data.kl2.ca.us/.)
The District appreciates the opportunity to comment on above project. Should you have
questions or need additional information, please contact me at 559-276-5203 or
ddeelCdcentralusd.k12.ca.us.
Sincerely,
David Deel
Facilities Planning Manager
Cc: Harbour & Associates—325-7699
10/06/04 09:16 FAX 559 291 2945 BLAIR, CHURCH AND FLYNN Cj002/002
43• MrD£IANDSGIPE AREA (NP).
COACRE7E CURB AND S70EWAIX PER
Jr (Cm—ccMR) CRY STD DWG. P-5 AND P-9.
55• (ARTERIAL)
B' THICK CONCRETE
SLAB M77H NUMBER 5 S c �
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CENTER. PROVED£
WIK CLEAR BETWEEN
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OF SLAB.
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B' 7HICK CONCRETE VALLEY G Ur7Mv?
)M NUMBER 5 REHABS AT 74.5. am
CENTER PROVIDE T MIL CLEAR - NOTE:
BETWEEN REBAR AND SUBGRADE OF
VALLEY CUTTD? (TYP). T. MINIMUM GUITFF SLOPE IS.oars
SCHOOL BUS TURNOUT BLAIR, CHURCH & FLYNN SCALE:
FOR CONSULTING ENGINEERS NO SCALE
COLLECTOR AND LOCAL STREET TEL (559) 291-5507 FAX. (559) 291-2945
OR. BY: DATE SHEET
P.G. 9-10-04 1 of 1
Orotring: P.�204-OJ66\Dwo-SitekDwol Turnout-dw.,• i--of til
ti co
County of Fresno
Department of Community Health
Brad Maggy, Director
O t8.r
.,60,
7 1
November 12, 2004 0,1 999999999
L= L00009764
PE 2602
Arnoldo Rodriguez 7 2
City of Fresno
Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Rodriguez:
PROJECT NUMBER: T-5358-/R-04-93/C-04-246
PROJECT DESCRIPTION AND LOCATION: 231-lot single-family residential
subdivision with 141 planned development lots, rezoning from AE-5 and AE-20 to R-
1/UGM on 51.8 acres located on the northwest corner of North Josephine Avenue and
North Riverside Country Club Drive on the San Joaquin River bluff.
LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH
MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT.
PLEASE LIST SPECIFIC MITIGATION MEASURES THAT YOU WOULD
RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY
SIGNIFICANT ADVERSE IMPACTS.
AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to
result in significant adverse environmental impacts.
[X] A NEGATIVE DECLARATION: The project may have adverse impacts but
impacts can be mitigated without further study or are not serious enough to
warrant an Environmental Impact Report.
NEITHER OF THE ABOVE, INSUFFICIENT INFORMATION TO DRAW ANY
CONCLUSIONS: The following additional information should be provided:
Additional Comments: _..
• Construction permits for the 231-lot residential subdivision should be subject to
assurance of sewer capacity of the Regional Wastewater Treatment Facility.
Concurrence should be obtained from the California Regional Water Quality Control
Board (RWQCB). For more information, contact staff at (559) 445-5116.
1221 Fulton Mall/P.O. Box 11867/Fresno,California 93775 (559)445-3357/FAX(559)445-3379
Frinal F.mn1nvnwnt Onmmniry-A ffi—ti—Artion•Nhlod
Arnoldo Rodriguez
T-5358/R-04-93/C-04-246
November 12, 2004
Page 2
• Construction permits for the 231-lot residential subdivision should be subject to
assurance that the City of Fresno community water system has the capacity and
quality to serve this project. Concurrence should be obtained from the State
Department of Health Services, Division of Drinking Water and Environmental
Management (DDWEM). For more information call (559) 447-3300.
• The Fresno County Department of Community Health is concerned that abandoned
water wells are not being properly destroyed, particularly with respect to new
development projects. As city boundaries expand, community services are provided
to areas originally served only by individual domestic and agricultural wells.
Improper abandonment of such wells presents a significant risk of contaminating the
city's community water supply. For this reason, when development occurs, it is
extremely important to ensure the safe and proper destruction of all abandoned
water wells.
Prior to destruction of any existing agricultural well(s), a sample of the upper most
fluid in the well column should be sampled for lubricating oil. The presence of oil
staining around the well may indicate the use of lubricating oil to maintain the well
pump. Should lubricating oil be found in the well, the oil should be removed from the
well prior to placement of fill material for destruction. The "oily water" removed from
the well must be handled in accordance with federal, state and local government
requirements. Transportation of these materials on public roadways may require
special permits and licensure.
The Department of Community Health is available to provide consultation in
cooperation with your city in order to encourage the proper destruction of wells and
safeguard our water quality. City staff may contact Ed Yamamoto, Environmental
Health Specialist, Water Surveillance Program, at (559) 445-3357 for more
information.
REVIEWED BY:
Kathleen Boyer, Environmental Health Specialist III
a. (559) 445-3357
kb
cc: Ed Yamamoto, Environmental Health Division
T-5358 Riverfront Ventures
Pacific Gas and
Electric Company
Corporate Real Estate 650"0"Street, bag 23
South Valley Land Services Fresno,CA 93760-0001
February 1, 2005
Harbour& Associates (' '
Civil Engineers
Attention: Stanley Harbour
375 Woodworth Avenue, Suite 103
Clovis, CA 93612
RE: Vesting Tentative Tract Map No. 5358 —N. Josephine Ave and N. Riverside Country Club
Drive_City of Fresno
Our File: Hemdon-Ashlan 230KV Tower Line (existing)
n
Dear Mr. Harbour:
As you know, Pacific Gas and Electric Company, (PG&E) owns an easement for two (2) electric
transmission lines, referenced above, that crosses within your property/project's boundaries. It is
PG&E's policy to permit certain uses within its electric transmission easements provided such
uses, and manner in which they are exercised, will not interfere with PG&E's rights or endanger
its facilities. Some examples that may be of interest to you are as follows:
1) Buildings and Other Structures: No buildings or other structures including the foot
print and eave of any buildings, swimming pools, wells or similar structures will be
permitted within easement areas.
2) Grading: Cuts, trenches or excavations must not be made within 25 feet of our towers.
Our engineers must review grade changes in the vicinity of our towers. No fills will be
allowed which would impair ground-to-conductor clearances. Towers shall not be left
on mounds without adequate road access to base of tower or structure.
3) Fences: Heavy equipment access to our facilities is to be maintained at all times. Metal
fences are to be grounded to PG&E specifications. No fence is to be installed within 10
feet of tower footings and open access must be maintained from a tower structure to the
1zearest street. Retaining or sound walls and property line fences proposed along or
within the easement wilt-require PG&E review.
4) Landscaping: Landscaping is allowed On overhead electric transmission easements,
trees and shrubs are limited to those varieties that do not exceed I5 feet in height at
maturity. Reasonable access to our facilities is to be maintained, including access by
heavy equipment. No planting is to occur within the footprint of the tower legs..
Greenbelts are encouraged.
S) Reservoirs, Sumps, Drainage Basins, Ponds: Allowed, provided reasonable access to
facilities is maintained and ground clearances above the water surface are maintained,
6) Automobile Parking: Short term parking of movable passenger vehicles and light
trucks (pickups, vans, etc) is allowed. Heavy equipment access to our facilities is to be
maintained at all times. Parking is to clear PG&E structures by at least 10 feet.
Protection of our facilities from vehicular traffic is to be provided at developer's expense
to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or
awnings are not allowed.
7) Storage of Flammable, Explosive or Corrosive Materials: This is not allowed,
including the storage of trash. No trash bins or incinerators allowed.
8) Streets and Roads: Access to facilities to be maintained. Facilities to be provided with
protection from traffic. Street lights may be allowed in the easement but in all cases must
be reviewed by PG&E for proper clearance.
9) pipelines: Pipelines are allowed provided crossings are held to a minimum and to be as
nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require
review by PG&E. Sprinklers systems are allowed. Leach fields and septic tanks are not
allowed.
10) Signs: Signs are not allowed except in rare cases subject to individual review by
PG&E.
11)"Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue pits
are allowed, but require special PG&E review and approval. Pedestrian trails are
allowed.
12) Construction Activity: Since construction activity will take place near PG&E's
overhead electric lines, please be advised it is the contractor's responsibility to be
aware of, and observe the minimum clearances for both workers and equipment
operating near high voltage electric lines set out in the High-Voltage Electrical Safety
Orders of the California Division of Industrial Safety, as well as any other safety
regulations. For more information regarding safety regulations, clearances, or other
safety advice, PG&E's Electric Transmission Supervisor can be reached at (559) 263-
7100. Also the Supervisor must be informed 72 hours prior to any construction activity
within PG&E's easement.
PG&E encourages you to contact this office regarding specific uses as early as possible in the
planning stages of any proposed construction within PG&E's easement.
If you have any questions regarding this matter please call me at 559-263-5167.
Fely .
r
atten
Land Agent
Cc: -Arnoldo Rodriguez(City Planning)
Pacific Gas and
Electric Company'
Corporate Real Estate 650 "0"Street,Bag 23
South Valley Land Services Fresno, CA 93760-0001
October 27, 2005
1i L
Development Department Nov Ij c
Engineering Services Division
Land Division Section
t•:
2600 Fresno Street, Room 3043
Fresno, CA. 93721-3604
Attn: Arnold Rodgriguez
Dear Arnold Rodgriguez,
RE: Vesting Tentative Tract Map No. 5358 — N. Josephine Ave and N. Riverside
Country Club Drive — City of Fresno
Our File: Herndon-Ashlan 230KV Tower Line (existing)
Thank you for the opportunity to provide additional comments concerning the
rezoning application for Tentative Tract Map No. 5358. In addition to the comments
addressed to Harbour& Associates by letter dated February 1, 2005, PG&E would
like to include the following statements as well.
Although PG&E has no objections to the re-zone of the property adjacent to its
Herndon Substation, it is PG&E's opinion that it is in the best interest of the city to
consider certain facts when analyzing the re-zone of this property.
In addition to the substation, PG&E maintains and operates overhead electric
transmission lines that traverse the westerly side of the applicant's property. Noise is
inherent to the normal operations of electric transmission lines and substation
facilities. Although the level of noise is well below the city's guidelines, some
residents may find the noise offensive. In addition to the inherent noises associated
with the operation of these facilities, maintenance in emergency and routine
situations could result in noise at any time of the day.
We also encourage the City of Fresno to consider the issue of electric and magnetic
fields (EMF) in its review of this rezoning application. It is PG&E's policy to share
information and educate people about the issue of EMF.
Electric and Magnetic Fields (EMF) exist wherever there is electricity—in appliances,
homes, schools and offices, and in power lines. There is no scientific consensus on
the actual health effects of EMF exposure, but it is an issue.of public concern. . If you
have questions or need additional information about EMF, please contact Mr.
Michael Herz, EMF Program Consultant, at(925) 866-5202.
Please be advised also that any grading in the area must be done in a manner that
will not increase water runoff to PG&E's property.
PG&E remains committed to working with the City of Fresno to provide timely,
reliable and cost effective gas and electric service. Please contact me at 263-5167 if
you have any questions regarding our comments. We would also appreciate being
copied on future correspondence regarding this development.
Sincer y,
le Patten
Land Agent
DMB VENTURES, LLC
8383 Wilshire Boulevard
Suite 1000
Beverly Hills, CA 90211
Tel. (323) 658-1511
Fax. (323) 658-1520
October 25, 2005
VIA FACSIMLE AND FEDERAL EXPRESS
Nick Yovino, Director of Planning
City of Fresno
2600 Fresno Street
Fresno, CA 93721
Re: Applications Deemed Complete; Government Permit Streamlining
Act/CEQA Timelines
Subject: Tract Map 5358/UGM, Zone Case R-04-93 and Conditional Use Permit
No. C-04-246("Project")
Dear Mr. Yovino:
On November 2, 2004 the City of Fresno notified our engineer, Stan Harbour of Harbour
and Associates, that the application and fees for the above-referenced development
applications were"accepted for processing on November 2, 2004."This triggered the one
year period within which the agency is required to complete and certify the EIR pursuant
to Public Resources Code Section 21151.5(a) which provides as follows:
"21151.5. (a) (1) For projects described in subdivision(c) of
Section 21065, each local agency shall establish, by ordinance or resolution,
time limits that do not exceed the following:
(A) One year for completing and certifying environmental impact
reports.
(B) One hundred eighty days for completing and adopting negative
declarations.
(2) The time limits specified in paragraph(1) shall apply only to those
circumstances in which the local agency is the lead agency for a project. These
ordinances or resolutions may establish different time limits for different types
or classes of projects and different types of environmental impact reports, but
all limits shall be measured from the date on which an application requesting
Nick Yovino
October 25, 2005
Page 2
approval of the project is received and accepted as complete by the local
agency.
(3)No application for a project may be deemed incomplete for lack of a waiver
of time periods prescribed by local ordinance or resolution.
(4) The ordinances or resolutions required by this section may
provide for a reasonable extension of the time period in the event that
compelling circumstances justify additional time and the project applicant
consents thereto.
(b) If a draft environmental impact report, environmental impact
report, or focused environmental impact report is prepared under a contract to a
local agency, the contract shall be executed within 45days from the date on
which the local agency sends a notice of preparation pursuant to Section
21080.4. The local agency may take longer to execute the contract if the
project applicant and the local agency mutually agree to an extension of the
time limit provided by this subdivision."
Further, our subdivision map may deemed approved under the provisions of the Permit
Streamlining Act (Government Code Sections 65920 et seq.)
We bring this to your attention inasmuch as the November 2, 2005 hearing date for the
project is the last day to comply with the CEQA statute and any extensions are not
subject to consent by the applicant.
Thank you for your consideration and continued assistance.
Very truly yours,
Marc Annotti
cc: Kathryn C. Phelan, Esq, City Attorney
Arnaldo Rodriguez, City of Fresno Planning
James McKelvey, Esq.
Bill Robinson, Sol Development Associates
7OCCT4 1005
DMB VENTURES, LLC
8383 Wilshire Boulevard B a
Suite 1000
Beverly Hills, CA 90211
Tel. (323) 658-1511
Fax. (323) 658-1520
October 3, 2005
VIA FACSIMLE AND FEDERAL EXPRESS
Nick Yovino, Director of Planning
City of Fresno
2600 Fresno Street
Fresno, CA 93721
Re: Response to San Joaquin River Parkway and Conservation Trust, Inc. Letter
Dated September 28, 2005
Subject: Tract Map 5358/UGM and Zone Case R-04-93 ("Project")
Dear Mr. Yovino:
We have reviewed the letter sent to you by Dave Koehler, Executive Director of the
San Joaquin River Parkway and Conservation Trust, Inc., ("SJRPCT") dated
September 28, 2005, and received, September 29, 2005. We have also reviewed James
McKelvey's response letter dated September 30, 2005 and we agree with all the points
made therein. In the limited amount of time since then we have discovered a number of
fundamental flaws in the drawing attached to the letter depicting the SJRPCT's demand
for a cumulative 300 foot trail/wildlife corridor, as well as the SJRPCT's application of
the City's General Plan policies.
100 foot Multi-use trail corridor.
First, the area depicted for the 100 foot "Multi-use Trail Corridor" cites Fresno
General Plan Policy F-14-f as the basis for its demand for the dedication.
Policy F-14-f is part of the Open Space/Recreation Element of the General Plan which
is defined as "Open Space" under the definition provided in Government Code Section
65560.
Nick Yovino
October 3, 2005
Page 2
This policy is not applicable to our Property which is designated on the current General
Plan Land Use Map as Medium Density Residential. Should the City have intended to
designate any portion of our Property or for that matter, any portion of any privately
held property in the path of the proposed alignment of the trail, it could have, and
should have, done so during the last General Plan Update. Any intended use
of any portion of the Project not currently set aside voluntarily as shown on our
submitted Tentative Tract map can only be acquired via mutually agreed negotiations or
use of the City's power of eminent domain. If the Project is conditioned to provide
dedication in this area, the compensation we expect would include the loss of useable
buildable lots via required adjustments to the map which would be necessary to
accommodate the requested alignment.
However, more importantly, the City should carefully consider the ancillary impact to
other privately owned property that will subsequently be required to provide
continuation of the trail corridor as planned within the full 300 foot setback. The
precedent established here will require the City to compensate the owners of similarly
situated properties which are affected by the proposed trail corridor. Pursuant to
General Plan Policy Objective F-14 and its implementing Policy F-14-a, the trail is
clearly required to be "continuous" and to "connect recreation areas (including canoe
put-in/take-out and rest areas)." As it has been proposed across the rear of our
Property, the trail goes nowhere and cannot be a continuous link unless it would run
across the backyards of all owners contiguous to our Property and adjacent to the river.
This in effect would prohibit the City from granting any new permits for construction
i.e. pools remodels, gazebos etc. within a similar setback. Any homeowner, public
utility (PG&E) or quasi public facility (Golf Course) that wanted to make any
improvement to their property would be subject to the 300 foot dedication which if
imposed on our Project would necessarily have to be imposed on other similarly
situated property owners under the equal protection provisions of the Constitution. The
costs of said future acquisitions would be very substantial and have much wider
consequences than just for our Project.
Clearly the basic assumption underlying the General Plan goals, objectives and policies
contemplates a trail running contiguously along the river bottom linking the recreation
areas.
"200 Foot Wildlife Corridor"
As we have represented in the past we recognize the City wants a wildlife corridor
setback from the river to the top of the bluff and are still willing to accept, although we
do not necessarily agree with, a condition requiring the dedication of that property.
Nick Yovino
October 3, 2005
Page 3
Also depicted on the Sketch is General Plan Policy G-14-d which provides in pertinent
part. "The San Joaquin River's wildlife corridor is to provide continuous land and
water areas parallel to the river." The policy continues to provide that "A
minimum of 200 feet of riparian vegetation should be preserved. The remainder of the
paragraph discusses exceptions to the general 200 foot guideline and expressly provides
that "[W]here steep bluffs drop directly into or close to the river", the bluff face is to
be incorporated into the wildlife corridor. This is precisely the condition existing with
the Project. The Sketch does not take this qualification of the 200 foot guideline into its
measurement of the wildlife corridor which provides that the wildlife corridor only
extends to the top of the bluff and no further.
The sketch further disregards General Plan Policy G-14-f which specifically provides
"[B]uffer zones would allow multiple uses on parts of the parkway while still protecting
wildlife and native plants." Arguing innuendo that the 200 foot suggested wildlife
corridor ends where it is shown on the Sketch, Policy G-14-f specifically provides that
the trail corridor may concurrently exist wholly or partially within the wildlife corridor.
There is no provision in the General Plan which specifically requires the trail corridor
and wildlife corridor to be mutually exclusive. And, as pointed out in Mr. McKelvey's
letter, City General Plan Policy E-15-b specifically provides for such combined use in
this situation.
The correct implementation of Policy G-14-f would allow for the trail to be located
within the wildlife corridor without the necessity for taking additional private property
which, as previously discussed, would be extremely costly for the City in this instance
and later for other similarly situated private property owners. Further, the proposed
trail alignment is contrary to the General Plan which calls for a riverbottom trail.
Thank you for your n ' ration of this letter and we anticipate addressing this issue at
the hearing in i if necessary.
arc Annotti
cc: Honorable Brian Calhoun, Councilmember
Kathryn C. Phelan, Esq, City Attorney
Dave Koehler, Executive Director San Joaquin River
Parkway and Conservation Trust
Arnaldo Rodriguez, City of Fresno Planning
James McKelvey, Esq.
Bill Robinson, Solis and Associates
MOTSCHIEDLER, MICHAELIDES & WISHON, LLPFIE
ATTORNEYS AT LAW
1690 WEST SHAW AVENUE
SUITE 200
J. CARL MOTSCHIEDLER FRESNO, CALIFORNIA 93711
PHILLIP G. MICHAELIDES
A. EMORY WISHON III '
POST OFFICE BOX 9099
JAMES A. MCKELVEY
FRESNO, CALIFORNIA 93790-9099 L `
C. WILLIAM BREWER'
RUSSELL K. RYANt TELEPHONE (559) 439-4000 DECt ^f FF�'�er�
DOUGLAS V. THORNTON FACSIMILE (SS9) 439-5654 DEC { � 4�1i�}
JORDAN M. FREEMAN t
RAY S. POOL
E-MAIL MMW®MMWLAWFIRM.COM
YMICHELLE E. SASSANO
'A PROFESSIONAL CORPORATION -� I
tALSO ADMITTED IN UTAH December 12, 2005
VIA FACSIMILE AND U. S. MAIL
Mr. Nick P. Yovino, Director
DEVELOPMENT DEPARTMENT
CITY OF FRESNO
2600 Fresno Street
Fresno, California 93721-3604
Re: Appeal of Conditions
Tentative Tract Map No. 5358
Patriot Homes
Dear Nick:
On November 17, 2005 I filed an appeal of the Elderberry Bush Protection
Conditions imposed by the Planning Commission on its approval of the above-referenced subdivision
map. In light of the very amicable discussion we had in your office last Thursday with the U.S. Fish
and Wildlife Service, however,that appeal is hereby withdrawn. Your assistance in resolving this
matter is very much appreciated.
Very truly yours,
aures . McKelvey
JAM:efw
cc: Arnold Rodriguez
Katherine Phelan
David Schwartzman
Bill Robinson
(01453/0000//155073.DOC)00852/0000//147207.DOC
MOTSCHIEDLEI3, MICHAELIDES & WISHON, LLP
ATTORNEYS AT LAW
1690 WEST SHAW AVENUE
SUITE 200
J. CARL MOTSCHIEDLER FRESNO, CALIFORNIA 93711
PHILLIP G. MICHAELIDES
A. EMORY WISHON III POST OFFICE BOX 9099
JAMES A. McKELVEY
FRESNO, CALIFORNIA 93790-9099
C. WILLIAM BREWER' -
RUSSELL K. RYANt TELEPHONE (SS9) 439-4000
DOUGLAS V. THORNTON FACSIMILE (SS9) 439-5654
JORDAN M. FREEMAN
RAY S. POOL E-MAIL MMWOMMWLAWFIRM.COM
MICHELLE E. SASSANO
'A PROFESSIONAL CORPORATION
{ALSO ADMITTED IN UTAH September 6, 2005
GD)LI
SEP 0 9 2005
Mr. Arnoldo Rodriguez
Suervisin Planning Planning Division
P g g Development Department
Planning and Development Department CITY OF FRESNO
CITY OF FRESNO
2600 Fresno Street
Fresno, California 93721
Re: Conditional Use Permit Application No. C-04-246
Tract Map No. 5358
Patriot Homes
Dear Mr. Rodriguez:
Please consider revising Condition No. E-24 drafted by your Department in
two respects:
First of all, the United States Fish and Wildlife Service has published
conservation guidelines for the protection of the Valley Elderberry Longhorn Beetle.
Those guidelines provide that no adverse impact upon the beetle will occur, and the
Service need not be consulted whenever a developer creates a 100-foot or greater buffer
zone around an elderberry bush. Hence, Patriot Homes should be at least afforded the
right to create such a buffer zone as an alternative to the requirement that it seek United
States Fish and Wildlife approval for its project. Secondly, your draft condition requires
that Patriot also obtain sign-off from the California Department of Fish and Game prior to
recordation of a final map. The elderberry beetle is not listed under the California
Endangered Species Act, and the California Department of Fish and Game is therefore
not in a position to issue the approval you require.
02322/0000//149988.WPD
MOTSCHIEDLER, MICHAELIDES & WISHON, LLP
ATTORNEYS AT LAW
Mr. Arnoldo Rodriguez
September 6, 2005
Page 2
For all of these reasons, I would respectfully ask that the last sentence in
Condition E-24 be revised to read as follows:
However, given that the Valley Elderberry Longhorn Beetle is
identified as an endangered species by the U.S. Fish and
Wildlife Service, the Applicant must comply with all of the
mitigation measures identified in the two reports completed
by Live Oaks Associates, Inc., and, in addition thereto, must
either (i) comply with the buffer zone requirements set forth
in the Conservation Guidelines for the Valley Elderberry
Longhorn Beetle as published by the U.S. Fish and Wildlife
Service on July 9, 1999, or (ii) obtain written approval from
the Service of any plan or map that does not incorporate the
prescribed buffer zone.
Sincerely,
�mesA. cKelvey
JAM:aIn
02322/0000//149988.WPD
MOTSC$IEDLEE. MICHAELID$S & WISHON, LLP
ATTORNEYS AT LAW
1090 WEST SHAW AVENUE
SUITE t00
J. CARL MOTSC"ICDLCR FRESNO, CALUORNLA 93711
PHILLIP O. MICMACLIOCS
A. EMORY WISHON 111
POST OFFICE SO71 9099
JAMES A. MCKCLVCY
FRESNO. CALIFORNIA 07740-9000
C. WILLIAM SRCWCR•
RUSSELL A. RYANi TCLCPMONE (5591 430-4000
DOUGLAS V. THORNTON FACSIMILE (559) 479-5454
JORDAN M. FREEMAN
MAY S. POOL C-MAIL MMW9MMWLAWF'IRM.COM
NICHOLAS C. FANTL
•A PROFESSIONAL CORPORATION
(ALSO ADMITT[5 IN UTAH September 29, 2005
VIA FACSIMILE AND U. S.MAIL
Kathryn C. Phelan, Esq.
City Attorney's Office
CITY OF FRESNO
2600 Fresno Street
Fresno, California 93721-3602
Re: Riparian Quarter/Parkway Trail Requirement
Tract 53-58/Patriot Homes
Dear Ms. Phelan:
The San Joaquin River Parkway and Conservation Trust has, in writing,
demanded that the City require a 200-foot Riparian Corridor through the above-
referenced tract,plus a parallel 100-foot wide parkway trail adjacent to that corridor.
(See attached drawing.) Nick Yovino advises that he will ask you to render an opinion
regarding the legality of that request. He invited the developer to provide his thoughts on
that subject directly to you for your consideration in rendering that opinion. Hence, this
letter.
I submit that the Parkway Trust proposal is patently unlawful for the
following four reasons:
1 The proposed exaction far exceeds the;minimal bike path
requirement which was declared unconstitutional by the U.S. Supreme Court in the case
of Dolan vs. The City of Tigarde(1994) 512 U.S. 374, 114 Supreme Court 2309, 129
Lawyer's Edition 2d 304. "The exaction from the owner of private property of the cost of
a public improvement in substantial excess of the special benefits accruing to him is, to
the extent of such excess, a taking under the guise of taxation of private property for
02322I00W/151528.V/PD
MOTSCHIBDLER, MICHAELIDES & WISHON, LLP
ATTORNEYS AT LAW
Kathryn C. Phelan, Esq.
September 29, 2005
Page 2
public use without compensation." Furey vs. City of Sacramento (1979) 24 CaI.3d 862,
157 Cal.Rptr. 684. The requirement that the developer of this small subdivision dedicate
a 300-foot wide corridor along the entire northerly boundary of his property for park and
trail purposes far exceeds any special benefits accruing to his project and/or the need for
such facilities created by his project.
2. The exaction proposed by the Parkway Trust far exceeds the amount
of land the City may require for park and open space purposes per Government Code
§66477 (the State Subdivision Map Act).
3. The proposed dedication and trail alignment violates the standards
and criteria set forth for such amenities in the City's General Plan. You will note in the
attached diagram prepared by the Parkway Trust that one-half of the 200-foot wide
wildlife corridor falls in the San Joaquin river bottom, and the balance would lie along the
top of the San Joaquin River Bluff line in the area proposed by the developer for housing.
The trail itself would extend this combined setback/dedication area 200 feet into the
northern tier of lots along the bluff edge. This would require the developer to dedicate an
entire tier of river view lots to the Parkway Trust for trail and riparian preservation
purposes. The City's Plan's policies provide that the San Joaquin Parkway Trail network
shall be designed to provide public access to the River and to scenic vistas on the bluffs
above the River. The trail is to connect recreation areas along the River, including canoe
put-in/take-out and rest areas in order to provide increased recreational use of the River
and control undesirable activities along the River. See, e.g., General Plan policies F-14,
and E-15-u. The intent is clear. The purpose of the trail is provide access to and along
the River. In addition to the river bottom trail, vista points are to be dedicated at periodic
locations on the bluff above the River which will provide scenic vistas for the general
public and public visibility which will add to the security of the trail system. For some
unspecified reason,the Trust, in this instance, is attempting to move the trail and part of
the riparian corridor to the top of the bluff line across this subdivision in violation of
those General Plan policies. The Parkway Trust will argue that the trail cannot overlay,
or be included within, the 200-foot wide wildlife corridor since trail activity may disturb
the wildlife habitat. Again,however, City General Plan policy E-15-b specifically
provides that trail improvements may be located within the riparian corridor if approved
by the City Council.
02322=04g151528.WPD
MOTSCHIEDLSH, MICHAELIDES & WISHON, LLP
ATTORN[YS AT LAW
Kathryn C. Phelan, Esq.
September 29, 2005
Page 3
4. Finally, the trail proposed by the Parkway Trust would run from the
City's Riverside Golf Course located immediately west of this subdivision-to a P.G. & E.
substation located immediately cast of this subdivision. Bottom line: The trial goes
nowhere. Hence, it serves no public purpose whatsoever and a requirement that it be
dedicated and constructed by the developer would be unlawful for that very reason.
In this instance,the developer is willing to compromise. He will set aside a -
wildlife corridor for the full width of his project from the edge of the San Joaquin River
to the top of the bluff line. Although this exceeds the amount of open space in parkland
which may be required under the Subdivision Map Act, the developer will waive any
objection and dedicate that land to the City and/or the Trust. If desired by the City, he
will also construct a trail across his property at the foot of the bluff line according to the
standards set forth in the City's General Plan.
Please consider the above in rendering your opinion to Mr. Yovino.
Very truly yours,
1 .-m-
J es A. McKelvey
JAM:kvz
cc: Mr. David Schwartzman tol�
Mr. Mark Annotti
02322100MA51528.WPD
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City of
gi OF
PUBLIC WORKS DEPARTMENT
DATE: December 23, 2004
TO: ARNOLDO RODRIGUEZ, Planner III
Planning and Development Department
FROM: JOE PAFF, Engineering Technician
Public Works Department
SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5358 AND COMMUNITY
FACILITIES DISTRICT
1. If approved by Council, the following features may be maintained by a Community Facilities
District.
■ Maintenance of all Landscaping and Irrigation systems as approved by the Public
Works Department within the street easements (including median to center of median)
and the landscape easements along the property lines that side or back-onto N. Thiele
and W. Josephine Avenues. The landscaping (including street trees) in areas
bordering the gated community may be maintained by that community's HOA.
■ Maintenance of all Curbs and Gutters, Sidewalks, Median Curbs (to center of median),
Street Furniture and Street Pavement (to street centerline) within N. Thiele and W.
Josephine Avenues and N. Riverside Country Club Drive bordering the tentative map.
■ Maintenance of all non- private interior Local Street Pavement, Curbs and Gutters,
Sidewalks, Medians and Street Furniture as approved by the Public Works Department
within the boundary of 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 Public Works Department within the
boundary of the tentative map.
2. Should the owner/developer choose to not be included within a CFD for the maintenance of the
items listed in section 1 above, the property owner/developer shall privatize all common areas,
including streets, within the tentative map and provide for the maintenance of all of the above
items by the property owners.
3. The Community Facilities District shall not provide maintenance in or adjacent to the gated
entrances, the PG&E power line easements (Outlot C and D), the Bluff Face and Trail area or
Outlot A.
Any change affecting the Items in these conditions requires revision of this letter.
If you have any questions, please call me at 621-8695
c:PW File No. 10770 File:\word\cfd2\ttmapreview\tt5358
D E P A R T M E N T O F P U B L I C W O R K S
TO: Arnoldo Rodriguez, Planner I I
Planning Division
FROM: NANCY MORRISON, PROGRAM MANAGER, (559.621.8690)
DATE: November 17, 2004
Subject VESTING TENTATIVE MAP OF TRACT 5358
The Department of Public Works has reviewed the Tentative Subdivision Map proposed by
Patriot Homes, on engineering drawings plans prepared by Harbour and Associates dated
10.12.04. The DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the
STREET TREES, BUFFER LANDSCAPING and MEDIAN ISLAND LANDSCAPE.
STREET TREE REQUIREMENTS
A. Fresno Municipal Code requires one tree per 60 lineal foot of street frontage. Street trees
are required to be planted at the rate of one tree for each 60' of street frontage. The subdivider
is required to provide street trees on all public street frontages and buffer landscaping easements.
The subdivider is required to provide automatic irrigation for all street trees. The irrigation
system shall comply with FMC 12-306-N-23.
B. The street tree species are designated for the following rights of way:
STREET NAME STREET TREE SPECIES
Thiele Avenue Sapium sebiferum, (Chinese Tallow)
N. Riverside Country Sapium sebiferum, (Chinese Tallow)
Club Drive
W. Oak Avenue Ginkgo biloba, (Ginkgo)
W. Pinedale Ave Ginkgo biloba, (Ginkgo)
N. La Paz Avenue Ginkgo biloba, (Ginkgo)
BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS
A. The subdivider is required to landscape / irrigation and provide long term maintenance for said
landscape in the landscape buffer(s) on Thiele Avenues, (lots 2-6 backing to Thiele Ave). The
subdivider may petition for annexation in the Community Facilities District, or may form a Home
Owner's Association.
B. Buffer Maintenance Through Annexation to the CommuniV Facilities District. Landscape
and Irrigation plans are required and shall be submitted to THE DEPARTMENT OF PUBLIC
WORKS for review and approval prior to a Council approval of the final map. Plans shall be
numbered to conform to and be included in the THE DEPARTMENT OF PUBLIC WORKS street
construction plan set for the final map. These fees are applicable when the subdivider elects to
maintain the buffer landscaping by annexing to the city's Community Facilities District
Department of Public Works comments T-5376 Tentative Map
Spetember 27,2004 page 2
1. Landscaping shall comply with Landscape Buffer Development Standards approved by
the City Council on October 2, 1990. Landscape and irrigation plans shall comply with
Sections 12-306-N -23 & 24 and 14-121 of the Fresno Municipal Code regarding Water
Efficient Landscaping and Buffer landscaping.
2. Should the proposed landscape buffers and/or parkway strips be located next to an
existing buffer and/or parkway strip, the planting concept shall simulate the adjacent
landscape design to present a more uniform appearance on the street. Variances in the
landscape concept will be acceptable, but the design of the new landscape buffer and/or
parkway strip shall strive to mimic the existing as much as possible.
3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall
be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with I' of
level ground between the slope and the back of the sidewalk and/or face of fence. Erosion
control measures shall be implemented on all slopes of 4:1, including the use of synthetic
erosion control netting in combination with ground cover species approved by the THE
DEPARTMENT OF PUBLIC WORKS/ ENGINEERING SERVICES DIVISION.
4. The water meter(s) serving the buffer landscaping shall be sized for the anticipated
service flows.
5. No private flags, signs or identification of any kind shall be permitted in the right of way,
within the city - controlled easement or on the fence or wall facing the street.
6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall
be the responsibility of the City of Fresno Water Division and may not be included in the
CFD.
TRAIL REQUIREMENTS
A. The trail shall be constructed in accordance with the Master Trails Manual." The subdivider is
responsible for the trail construction. The subdivider is responsible for all landscape and
irrigation improvements associated with the trail. Construction plans shall be submitted and shall
include landscaping and automatic irrigation design. These plans shall be approved by THE
DEPARTMENT OF PUBLIC WORKS.
OUTLOTS
A. The DEPARTMENT OF PUBLIC WORKS will not be responsible for the maintenance of
outlots A, B, C, D, E, F, G or H.
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
NOVEMBER 16,2005
VESTING TENTATIVE TRACT MAP NO. 5358/UGM
NORTHWEST CORNER OF NORTH JOSEPHINE AVENUE AND NORTH RIVERSIDE COUNTRY CLUB DRIVE,SOUTH
OF THE SAN JOAQUIN RIVER BLUFF
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act,
Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following
specific conditions are applicable to this vesting tentative map. The Urban Growth Management
(UGM) Service Delivery Plan requirements are included in the following conditions of approval
and are designated by the caption "Urban Growth Management Requirements."
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of
fees, dedications, reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or
within 90 days after the date of the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 5358/UGM entitled
"Exhibit A," dated November 16, 2005, the subdivider may prepare a Final Map in
accordance with the approved tentative map, and related Rezone Application No. R-04-
93 and Conditional Use Permit Application No. C-04-246 for the southernmost 29.1
acres of the subject property.
2. Submit grading plans and a soils report to the City of Fresno Planning and Development
Department for verification prior to Final Map approval (Reference: Sections 12-1022
and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of
any required walls and indicate the proposed width of required landscape easements or
strips. Approval of the grading plan is required prior to Final Map approval.
3. At the time of Final Map submittal, the subdivider shall submit engineered construction
plans to the City of Fresno Public Works, Public Utilities, and Planning and Development
Departments for grading, public sanitary sewer system, public water system, street
lighting system, public streets, and storm drainage, including other technical reports and
engineered plans as necessary to construct the required public improvements and work
and applicable processing fees.
4. Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved, the
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 2
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated
to the City of Fresno. Public utility easements beyond the limits of the Final Map, but
required as a condition of development, shall be acquired at the subdivider's cost and
shall be dedicated by separate instrument at the time of Final Map approval. The
relocation of existing utilities necessitated by the required public improvements shall be
paid for by the subdivider. The subdivider is responsible to contact the appropriate utility
company for information.
6. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No.
68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard
Specifications, 2002 Edition, and any amendments thereto.
7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for
street improvements and other grading and construction; street trees, street signs, water
and sewer service, and inspections in accordance with the City of Fresno Master Fee
Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State law
as related to vesting tentative maps.
8. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall
complete all the public improvements prior to the approval of the Final Map by the City.
If, at the time of Final Map approval, any public improvements have not been completed
and accepted in accordance with the standards of the City, the subdivider may elect to
enter into an agreement with the City to thereafter guarantee the completion of the
improvements.
9. As a condition of Final Map approval, the subdivider shall furnish to the City a
subdivision guarantee listing all parties having any right, title or interest and the nature of
their interest per State law.
10. Relinquish access rights to and along the San Joaquin River from all proposed streets
and/or lots. The required vista point may have access to the required multipurpose trail.
11. Relinquish access rights to North Josephine and North Thiele Avenues from all
residential lots which*abut these streets, with the exception of the southern property line
of lot 50. Ref. Section 12-1011-f-3 of the Fresno Municipal Code.
12. Relinquish access rights to the streets and/or open space along the following property
lines:
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 3
Lot 1: The northern property line.
Lot 3: The northern property line.
Lot 48: The southern property line.
Lot 86: The southern and western property lines and the southern 65 feet of the
eastern property line.
Lot 87: The southern property line.
Lot 123: The southern property line.
Lot 124: The northern property line.
Lot 126: The southern property line.
Lot 196: The western property line.
Lot 197: The eastern property line.
Lot 211: The northern property line.
13. Prior to final map approval, the owner of the subject property shall execute a "Right to
Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall
acknowledge and agree that the subject property is in or near agricultural districts
located in the County of Fresno and Madera and that the residents of said property
should be prepared to accept the inconveniences and discomfort associated with normal
farm activities. The "Right to Farm" covenant shall be recorded prior to or concurrent
with the recording of the Final Map of Tentative Tract No. 5358/UGM.
14. Prior to final map approval, the owner of the subject property shall execute a covenant
with the City of Fresno, which shall include the appropriate language in the deed
restrictions for those lots adjacent to and or near the Riverside Municipal Golf Course
that will protect and indemnify the city and the operator of the golf course from litigation
and damage claims resulting from golf course activities (i.e. errant golf balls, lighting,
etc.). Said covenant is to run with the land. The covenant shall be recorded prior to or
concurrent with the recording of the Final Map of Tentative Tract No. 5358/UGM.
Landscaping and Walls
15. Pursuant to Section 12-10114-3 of the FMC the developer/owner shall provide a 10-foot
landscape easement (and irrigation system) along the property lines of lots which back-
onto North Josephine and North Thiele Avenues.
16. Outlots "C" and "D" on Exhibit A dated November 16, 2005 shall be used for landscaping
and recreational purposes only and shall be maintained by a homeowner's association.
17. The portion of the parcel which is below the ordinary low water mark of the San Joaquin
River shall be dedicated to an appropriate agency (City, State, or public trust) to be
retained in its natural-state and preserved as open space.
18. Pursuant to 2025 Fresno General Plan Exhibit 9 and Policies E-15-a, E-15-b, E-15-h, E-
15-i and E-15-x, F-14-b, F-14-e, F-14-f and in accordance with policies contained in the
1990 Master Multi-Purpose Trails Manual, within the limits of the tract, the
developer/owner shall improve and dedicate appropriate improvements or provide
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 4
appropriate security for a bicycle/pedestrian trail with equestrian accommodation along
the San Joaquin River prior to final map approval. The trail shall be on the top of the
bluff (per the Bullard Community Plan, 2025 Fresno General Plan and the Master Multi-
purpose Trails Manual) and shall be deeded to the City of Fresno for public trailway
purposes. The dedication shall be depicted on all future maps and shall comply with all
city standards, policies, and regulations. The trail plans must be approved by the Public
Works and City and Planning Departments.
19. In accordance with Policy G-14-d of the 2025 Fresno General Plan, the San Joaquin
River's wildlife corridor is to provide land and water areas parallel to the river. Thus,
provide a width of 200 feet of riparian vegetation. In areas where 200 feet of riparian
vegetation no longer exists along the river bank, a 200 foot or wider band of native
plants shall be reestablished, to the maximum extent feasible from topologic and
hydrologic standpoints. Consideration for exceptions may be given where the minimum
width of the corridor is infeasible due to topography, hydrology, or other constraints. In
those instances, an offsetting expansion is recommended on the opposite side of the
river. Where steep bluffs drop directly into or close to the river, incorporate the bluff face
into the wildlife corridor. In addition, according to the letter from the United States
Department of the Interior, Fish and Wildlife Service dated August 31, 2005, it is
stressed that a minimum 100 foot or wider buffer around elderberry plants are necessary
for avoidance. Thus, the 200 foot or wider buffer of Policy G-14-d of the 2025 Fresno
General Plan may include the 100 foot or wider buffer, or other distance as determined
by the United States Department of the Interior, Fish and Wildlife Service, however the
required must be located a minimum of 100 feet from the elderberry bush.
20. Pursuant to Policy 5.2 (Vista Point Standards) of the Bullard Community Plan, the
developer/owner shall construct and dedicate appropriate improvements or provide
appropriate security for a vista point within the limits of the map (Outlot B). The outlot
shall be deeded to the City of Fresno for public access purposes and shall be reviewed
and approved for design and location by the Planning and Development Department.
The design shall be compatible with the designs contained in the Bullard Community
Plan. The dedication shall be depicted on all future maps and shall comply with all city
standards, policies, and regulations. In addition, the outlot shall provide access to the
required trail.
21. The vista point shall be no less than the minimum lot size of the underlying zone district.
In no case shall the lot be less than 6,000 square feet in area and have less than 60 feet
of frontage on the bluffs.
22. The vista point shall have local street access and shall provide a minimum of five off-
street parking spaces.
23. The vista point shall be landscaped using materials similar to those found in the setting,
with an emphasis on low water use species, and the following conditions:
a. Trees exceeding 15 feet in height at maturity are prohibited within 50 of the bluff
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 5
edge.
b. Ground cover shall be treated soil, aggregate, or low-lying vegetation.
c. An irrigation system shall be installed to adequately maintain the landscaping.
d. The vista point shall be graded away from the bluffs and proper erosion control
measures instituted.
e. Each site shall contain at least two benches placed near the bluff edge.
f. Each site shall contain a trash enclosure.
g. A low profile wooden sign six inches by 18 inches with the words "Vista Point' shall
be placed at the site entrance.
h. The requirement for protective fencing along the bluff edge shall be determined by
the Director, depending on the slope of the bluff. Where required, the fence shall
not exceed four feet in height and shall be wrought iron or other material which
blends with the setting.
i. Street lighting shall be provided according to city requirements on the street leading
to the vista point. Within the site, lighting shall be limited to low, hooded light
standards for safety.
24. As indicated in the survey conducted by Live Oak Associates dated April 21, 2005 and
June 2, 2005, several elderberry shrubs were identified along the San Joaquin River
Bluff face. Elderberry shrubs are the host plant for the valley elderberry longhorn beetle
(Desmocerus californicus dimorphus), which was listed as an endangered species by
the United States Department of the Interior in September of 1980. The study lists
several mitigation measures to avoid disturbing the host plant. However, given that the
valley elderberry longhorn beetle is identified as an endangered species, written
approval from the United States Fish & Wildlife Service will be required prior to the
recordation of the final map, in addition to all measures identified in the two reports
completed by Live Oak Associates, Inc.
25. The developer shall provide access to and along the San Joaquin River from the
subdivision site in accordance with Government Code Section §§ 66400, et seq.
26. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant
to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the
rear of the required 10-foot landscape easement along North Josephine and North
Thiele Avenues. Construction plans for required walls showing architectural appearance
and location of all walls shall be submitted to the Planning and Development Department
for review prior to Final Map approval. This wall and landscape easement shall continue
east along the northern property line of proposed Lot 1 and the southern property line of
proposed Lot 48. Corner cut-offs shall also be provided as specified below.
27. Provide a corner cut-off area at the intersection of North Thiele and North La Paz
Avenues; North Thiele Avenue and Outlot I, and North Josephine Avenue and OUtlot I,
in accordance with Section 12-306-H-3-d of the FMC. Corner cut-offs are established to
provide an unobstructed view for vehicular and pedestrian traffic approaching an
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 6
intersection. They are a triangular area formed by the property lines and a diagonal line
adjoining points on the property lines, measured a specific distance from the point of
their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-
off area shall be landscaped (including an irrigation system), and may be included within
the City's Community Facilities District, unless within a required homeowner's
association.
28. The developer shall install a six foot high fence/wall along the northerly property lines of
all proposed residential parcels which abut the San Joaquin River Bluff in order to
prohibit access to the bluff face.
29. Provide a "gated entry" detail to the City of Fresno Public Works and Fire Departments
and Department of Public Utilities Department, Solid Waste Division for review and
approval prior to submittal of the final map.
30. 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.
Planned Development (Conditional Use Permit Application No. C-04-246)
31. All landscaping within the limits of Conditional Use Permit Application No. C-04-246,
including the landscape strip along North Thiele and North Josephine Avenues, shall be
maintained by the homeowner's association.
32. The property owner/developer shall create a homeowner's association for the
maintenance of the landscape areas and proposed private streets, utilities and
walls/gates (all Outlots within the planned development, including the landscape areas
along the rear of the homes along North Thiele and North Josephine Avenues). The
proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the
proposed instruments for the homeowners association shall be submitted to the
Planning and Development Department for review two weeks prior to final map approval.
Said documents shall be recorded with the final map or alternatively submit recorded
documents or documents for recording prior to final acceptance of subdivision
improvements. Said documents shall include assignment of responsibility to the
homeowners association for landscaping and other provisions as stated in the Planning
and Development Department Guidelines for preparation of CC&R's dated January 11,
1985.
33. 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
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 7
Conventional Subdivision Portion
34. Maintenance of the required landscape easements, streets, curbs and gutters,
sidewalks, medians, and street furniture may be the responsibility of the Gity's
Community Facilities District. Contact the Public Works Department, Engineering
Services Division, at (559) 621-8695 for information regarding the City's District. The
property owners may petition the City for annexation to the City's District prior to final
map approval. If approved by City Council, the following features may be maintained by
the Community Facilities District see attached letter dated December 23, 2005:
a. Landscaping and irrigation systems as approved by the Parks Department at the
following locations:
• Within the street easements (including median to centerline) and the landscape
easement along the property lines that side or back-onto North Thiele Avenue.
b. All local streets, curbs and gutters, sidewalks, medians and street furniture as
approved by the Public Works Department within the boundary of the map.
c. All curbs and gutters, sidewalks, medians, street furniture and street (to centerline)
within North Thiele Avenue and North Riverside Country Club Drive as approved by
the Public Works Department along the map frontage.
d. All street lights as approved by the Public Works Department within the boundary of
the map.
35. If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District, he/she shall be required to provide the City of Fresno, Department of
Public Works, with copies of signed acknowledgments from each purchaser of a lot
within the subdivision, attesting to the purchasers understanding that the lot will have an
annual maintenance assessment and that he/she is aware of the estimated amount of
the assessment. The developer/subdivider shall execute and record a covenant on each
lot providing notice that the subject property is subject to annual payment of the
Community Facilities District assessment.
36. Should the City Council not approve the annexation of any or all of the maintenance
items listed above, then the property owner/developer shall create a homeowner's
association for the maintenance of these items and proposed private streets, utilities,
and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions
(CC&Rs) and the proposed instruments for the homeowners association shall be
submitted to the Planning and Development Department for review two weeks prior to
final map approval. Said documents shall be recorded with the final map or alternatively
submit recorded documents or documents for recording prior to final acceptance of
subdivision improvements. Said documents shall include assignment of responsibility to
the homeowners association for landscaping and other provisions as stated in the
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 8
Planning and Development Department Guidelines for preparation of CC&Rs dated
January 11, 1985.
37. 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.
Lot Dimensions
38. Pursuant to Section 12-211.5-B of the FMC, all parcels within the R-1 zone district must
provide the following minimum standards:
Width
Interior lots: 60 feet
Corner lots: 65 feet
Reversed corner lots: 70 feet
Curved/cul-de-sac lots: 40 feet
Depth
Lots facing local streets: 100 feet
Building Setbacks
39. Building setbacks shall be in accordance with the R-1/BP/UGM zone district as shown
on Exhibit A of Vesting Tentative Map Tract No. 5358/UGM dated November 16, 2005,
and the provisions of Section 12-211.5-E and Section 12-243 of the Fresno Municipal
Code, unless otherwise noted in these conditions.
Bluff Preservation Overlay District Requirements
40. Pursuant to Section 12-243.3—M-1 of the FMC, prior to Final Map approval, a Soil
Investigation and Evaluation Report to determine geologic impact standards necessary
to mitigate geological and soils hazards shall be made and certified by the engineer
preparing the report and grading plan, pursuant to Section 12-1022(e) of the FMC.
41. Pursuant to Section 12-243.5-B-4 of the FMC, no grading shall be permitted within the
River Bluff Influence Area without prior approval by the Planning and Development
Department Director of a Zone III Soils Study submitted and prepared in accordance
with Section 12-1022 (e). The Zone II study is required prior to final map approval.
42. No grading of the bluff face shall be permitted without a grading deviation approval by
the City Council.
'43. Before any building or structure is erected or any grading is commenced on any property
in the BP (Bluff Preservation) zone district, a site plan review application shall be
approved by the Planning and Development Director.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 9
44. Streetlights and all exterior lighting shall be directed away from the river bottom.
45. The design and orientation of structures, walls, and fences shall be in keeping with the
natural character of the Bluffs.
46. No storm water runoff or any other drainage or runoff resulting from development shall
be permitted to drain over the Bluff Face.
47. No swimming pool or decorative pool shall be constructed without approval by the
Director of a drainage system for the pool which causes drainage away from the Bluff
Face and prevents any drainage over the Bluff.
Information
48. 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.
49. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
50. 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 FMC Chapter 12, Article 10, Subdivision of Real Property.
51. 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 FMC.
52. Vesting Tentative Tract Map No. T-5358/UGM is subject to City Council approval of
Rezone Application No. R-04-93.
53. Conditional Use Permit Application No. C-04-246, filed to establish a 144 lot, planned
development for the southern 29.1 acres of the subject site shall be approved prior to
final map approval.
54. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
55. If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted (business hours: (559) 268-0109; after hours the contact phone number is
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 10
(559) 488-3111 for the Fresno County Sheriffs Department). If remains or other
archaeological material is possibly Native American in origin, the Native American
Heritage Commission (phone number (916) 653-4082) shall be immediately contacted,
and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of
recognized archaeologists.
56. 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.
57. If animal fossils are uncovered, the Museum of Paleontology at the University of
California, Berkeley shall be contacted to obtain a referral list of recognized
paleontologists. An assessment shall be conducted by a paleontologist; if the
paleontologist determines the material to be significant, a recommendation shall be
made to the City as to any further site investigation or preservation measures.
58. 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.
d. The application shall be filed prior to the approval of the Final Map(s) by the City
and shall be accompanied by a fee in an amount specified in the Master Fee
Resolution for each separate lot, parcel, or interest into which the original assessed
lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to
pay all costs of the City and the Engineer of Work responsible for determining the
initial assessment in making the requested apportionment.
59. 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.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 11
60. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The
method of collection to be utilized in this tract shall be subject to approval of the Solid
Waste Manager(see below-noted conditions).
PARK SERVICE
61. Comply with the memorandum from Nancy Morrison of the Public Works Department
dated November 16, 2004.
Urban Growth Management Requirements
62. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the
time of Final Map approval. Fee payment may be deferred until time of building permit
issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC.
FIRE SERVICE
63. This project is within three miles from Fire Station No. 14, located at the northwest
corner of North Polk and West Swift Avenues.
64. Provide residential hydrants and fire flows per Public Works Standards with two sources
of water.
65. Comply with the memorandum from the Fire Department dated January 19, 2005.
Urban Growth Management Requirements
66. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the
time of final map approval. This site is currently within a non-designated fee area.
SOLID WASTE SERVICE
67. The owners, lessees or other tenants of the residential dwellings on service day, before
6:00 a.m., shall place their solid waste containers at the edge of the curb approximately
four feet apart and shall not block any vehicle accesses in accordance with the City of
Fresno's Solid Waste Management Division Standards.
68. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste
container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m.
on the collection day.'
69. Property owners will receive three containers to be used as follows: one gray container
for solid waste, one green container for green waste, and one blue container for
recyclable material.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 12
70. Comply with the memorandum from the Solid Waste Division Date November 30, 2004.
Note that entrances/exits gates must provide a minimum clearance of 18 feet on side.
STREETS AND RIGHTS-OF-WAY
71. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
FMC and the State Subdivision Map Act.
72. The subdivider shall make provisions for disabled persons in accordance with the
Department of Public Works standards and as required by State law. Handicap access
ramps are required to be constructed in sidewalks at all corners within the limits of the
tract. Where street furniture is located within the sidewalk area (fire hydrants,
streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to
satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian
easement to accommodate for the 4-foot minimum unobstructed path requirement.
73. All of the required street improvements shall be constructed and/or installed in
accordance with the City of Fresno Standard Specifications (2002 Edition). The
following shall be submitted as a single package to the Pubic Works Department for
review and approval:
a. Signing and striping plans (per current California Department of Transportation
standards);
b. Street Construction Plans; and,
c. Landscape and irrigation plans (median island and street trees within all
parkways).
74. The subdivider shall underground all existing off-site overhead utilities and proposed
utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78-
522, 88-229.
75. The subdivider shall construct an underground street lighting system per Public Works
Standards within the limits of the tract. Spacing and design shall conform to Public
Works Standards for collector and local streets. Height, type, spacing, etc., of standards
and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and
88-229 or any modification thereto approved by the City Traffic Engineer prior to Final
Map approval. Upon completion of the work by the subdivider and acceptance of the
work by the City, the street lighting system shall be dedicated to the City. Submit
engineered construction plans to the Public Works Department for approval.
76. All dead-end streets created by this subdivision shall be properly barricaded in
accordance with City standards within seven days from the time the streets are surfaced
or as directed by the Engineer.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 13
77. 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.
78. Comply with the memorandum from the Public Works Department, Engineering Division
dated December 2, 2004 and February 4, 2005.
General Conditions
79. Provide handicap access ramps at all corners within the limits of this subdivision.
80. Underground all existing offsite overhead utilities with the limits of this map in
accordance with FMC Section 12-1011, 8-801 and Resolution No. 78-522/88-229.
81. Submit the following plans, as applicable, in a single package, to the Public Works
Department for review and approval: Street Construction, Signing, Striping, Traffic
Signal, Streetlight, Landscape and Irrigation.
FRONTAGE IMPROVEMENT REQUIREMENTS:
North Josephine Avenue: Local Street
82. Dedicate 30-36 feet of property on the north side and 21 feet of property on the south
side, (measured from center line) for public street purposes within the limits of this
subdivision to meet the current City of Fresno Local Standards.
83. Construct 20 feet of permanent paving (north side) and 16 feet of permanent pavement
(south side) within the limits of this subdivision. Additional paving shall be required to
accommodate a eastbound left turn lane at Riverside Country Club Drive.
84. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
85. Construct an underground street lighting system to Public Works Standard E-2 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard E-
9 for Local Streets.
86. Relinquish direct vehicular access rights to Josephine Avenue from all lots and outlots
within this subdivision.
North Riverside Country Club Drive: Local Street
87. Dedicate 60-72 feet of property, for public street purposes within the limits of this
subdivision to meet the current City of Fresno Standards (72 feet for the first 150 feet
then 100 feet of transition back to 60 feet).
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 14
88. Provide a 30 feet curb radius at the northwest corner of Riverside Country Club Drive
and Josephine Avenue.
89. A comer cut dedication is required.
90. Construct 20 feet of permanent paving (west side) and 16 feet of permanent pavement
(east side) within the limits of this subdivision. Additional paving shall be required to
accommodate a southbound left tum lane at Josephine Avenue.
91. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
92. Construct an underground street lighting system to Public Works Standard E-2 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard E-
9 for Local Streets.
North Thiele Avenue: Local Street
93. Dedicate 30 feet of property on the east side and 21 feet of property on the west side,
(measured from center line) for public street purposes within the limits of this subdivision
to meet the current City of Fresno Local Standards.
94. Construct 20 feet of permanent paving (east side) and 16 feet of permanent pavement
(west side) within the limits of this subdivision.
95. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
96. Construct an underground street lighting system to Public Works Standard E-2 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard
E-9 for Local Streets.
97. Relinquish direct vehicular access rights to Thiele Avenue from all lots and outlots within
this subdivision.
INTERIOR STREETS
98. Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-
sacs, and underground street lighting systems on all interior local streets to Public Works
Standards. Sidewalk patterns shall comply with Public Works API Standards for fifty
(50)foot streets.
99. Any temporary dead-end streets created by this subdivision shall be properly barricaded
in accordance with the Pubic Works Standard P-44.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 15
Specific Mitigation Requirements:
100. This tract will generate 173 a.m. / 233 p.m. peak hour trips, therefore, a Traffic Impact
Study (TIS) is required to comply with the mitigation measure requirements of the 2025
General Plan circulation element. A project trip generation and trip trace study has been
submitted on August 17, 2004.
101. The first order of work shall include a minimum of two points of vehicular access to the
major streets for any phase of this development.
North Thiele Avenue: Local
102. Provide a paved temporary turn around at the north end.
103. The intersection shown at Thiele/Josephine does not line up. Redesign and additional
dedications for street rights of way will be required. Provide additional information
including all four corners and resubmit.
North Riverside Country Club Drive: Local
104. Provide a cul-de-sac per Public Works Standards at the north end. Provide additional
information
105. Due to the "excessive length" of this block construct bulb-outs and raised concrete
medians (choker) directly across proposed lots 79 and 80 and 72 and 73.
106. Curbside parking shall be prohibited on the southerly 150 feet for visibility. This shall be
disclosed to all potential buyers of the southerly two lots of said street.
North Bryan Avenue: Collector
107. Provide an additional 12 feet of paving for 100 feet to accommodate for a southbound
right tum lane on Bryan at Herndon.
Urban Growth Management Requirements
108. This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees.
North Bryan Avenue: Collector
109. Dedicate and constrict two 18 foot center section travel lanes from the southeast
boundary of this map south to Herndon. Dedication shall be sufficient to accommodate
additional paving and any other grading or transitions as necessary based on a 55 MPH
design speed.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 16
110. Install a signal pole with a 150-watt safety light to Public Works Standards at the
northwest corner of Riverside Country Club Drive /Bryan and (Spruce/Josephine)/Bryan.
111. Signalize the intersection of Bryan and Herndon (at the ultimate location) complete with
actuation, signal pre-emption and left turn phasing.
SANITARY SEWER SERVICE
112. The following sewer improvements shall be required prior to providing City sewer service
to the project:
The following off-site sanitary sewer main extensions are required:
113. Construct a 12-inch sanitary sewer main in North Bryan Avenue from West Herndon
Avenue north to Josephine Avenue.
114. Construct an eight-inch sanitary sewer main in North Riverside Country Club Drive from
Josephine Avenue north across the frontage of the development.
115. Construct a 10-inch sanitary sewer main in Josephine Avenue from North Bryan Avenue
west to North Thiele Avenue.
116. Construct a 10-inch sanitary sewer main in North Thiele Avenue from Josephine Avenue
north across the frontage of the development.
117. Sewer mains shall be constructed within the tract as delineated by the City's preliminary
sewer review plan to service each lot created.
118. Separate sewer house branches shall be provided for each lot created.
119. All public sewer facilities shall be constructed in accordance with Department of Public
Works standards, specifications, and policies.
120. Abandon all existing on-site private sewer septic systems in accordance with City
standards, specifications, and policies.
121. Engineered improvement plans prepared to City Standards by a Registered Civil
Engineer are required for proposed additions to the sanitary sewer system.
122. A preliminary sewer design plan layout shall be prepared by the Developer's Engineer
and submitted to the'Department of Public Utilities for review and conceptual approvals
prior to submittal or acceptance of the developers final map and engineered plan &
profile improvement drawings for City review.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 17
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
Sewer Lateral Charge
Oversize Sewer Area: #19
Trunk Sewer Charge: Herndon
Wastewater Facilities Charge (Residential Only)
WATER REQUIREMENTS
123. The following water improvements shall be required prior to providing City water service
to the project:
The following off-site water extensions (including installation of City fire hydrants) are
required:
124. Construct a 14-inch water main in North Bryan Avenue from West Herndon north to
Josephine Avenue.
125. Construct a 14-inch transmission grid water main in Josephine Avenue from North Thiele
Avenue east and connect to the existing 14-inch main in West Spruce Avenue.
126. Construct a 14-inch transmission grid water main in North Thiele Avenue from Josephine
Avenue north across the frontage of the development.
127. Construct an eight-inch water main in North Riverside Country Club Drive from
Josephine Avenue north across the frontage of the development.
128. Water mains (including installation of City fire hydrants) shall be constructed within the
tract to service each lot created.
129. Separate water services with meter boxes shall be provided to each lot created.
130. Installation(s) of public fire hydrant(s) are required in accordance with City Standards.
131. 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.
132. Public water facilities shall be constructed in accordance with the Department of Public
Works standards, specifications, and policies.
i
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 18
133. Seal and abandon existing on-site well in compliance with per the State of California
Well Standards, Bulletin 74-90 or current revisions issued by California Department of
Water Resources and City of Fresno standards.
134. Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the City Water System.
Water Fees
The following Water Connection Charges and fees shall be paid for the project:
Wet-tie(s) and meter(s) installations to be performed by the City Water Division
Frontage Charge
Transmission Grid Main Charge
Transmission Grid Main Bond Dept Service Charge
URBAN GROWTH MANAGEMENT REQUIREMENTS(GENERAL)
135. 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.
136. The developer will be responsible for the relocation or reconstruction of any existing
improvements or facilities necessary to construct any of the required UGM
improvements.
Right-of-Way Acquisition
137. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
138. 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.
139. 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.
140. 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
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 19
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.
141. 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
142. The subdivider shall be required to comply with the specific requirements imposed by
the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any
amendments or modifications to those requirements which may be granted by the
FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code.
These requirements are identified in the District's letter to the Planning and Development
Department dated December 8, 2004.
143. Any temporary ponding basins constructed or enlarged to provide service to the
subdivision shall be fenced in accordance with City standards within seven days from
the time the basin becomes operational or as directed by the City Engineer. Temporary
ponding basins will be created through a covenant between the City and the Developer
prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the
Developer until permanent service for the entire subdivision is provided.
FRESNO IRRIGATION DISTRICT
144. The Fresno Irrigation District does not own, operate nor maintain any facilities on the
subject property.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
145. The developer/owner shall comply with the requirements in the letter from the San
Joaquin Valley Air Pollution Control District dated November 4, 2004.
CENTRAL UNIFIED SCHOOL DISTRICT
146. The developer/owner shall comply with the requirements in the letter from the Central
Unified School District dated February 1, 2005, which includes providing a bus bay.
COUNTY OF FRESNO, DEPARTMENT OF COMMUNITY HEALTH
147. The developer/owner shall comply with the requirements in the letter from the County of
Fresno, Department of Community Health dated November 12, 2004.
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 20
PACIFIC GAS AND ELECTRIC COMPANY
148. The developer/owner shall comply with the requirements in the letters from the Pacific
Gas and Electric (PG&E) Company dated February 1, 2005 and October 27, 2005. Note
that PG&E limits the height and location of structures, shrubs, fences, etc. within the
existing easement.
SAN JOAQUIN RIVER BLUFF ACCESS
149. In letters from the San Joaquin River Parkway and Conservation Trust, Inc. dated
December 6, 2004, and the California State Lands Commission dated November 30,
2004 and March 10, 2005, the agencies stress maintaining access to the San Joaquin
River. Given the site's proximity to the river, the applicant shall provide access to the
river in a form acceptable to the city and the State Lands Commission prior to submittal
of the final map. Access shall be provided In accordance with the Government Code
Section §§ 66400, et seq., and in a form acceptable to the California State Lands
Commission and the city.
CULTURAL RESOURCES STUDY
150. Given the sites proximity to the San Joaquin River, which is considered sensitive for
cultural resources, the applicant shall contact City officials and/or a qualified
archaeologist immediately should any materials be discovered.
CALTRANS
151. Consider the letters from Caltrans dated February 23, 2005 and March 8, 2005.
DEVELOPMENT FEES AND CHARGES
This project is subject to the following fees and charges:
SEWER CONNECTION CHARGES FEE RATE
1. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth)
2. Oversize Charge $0.05/sq. ft. (to 100' depth)
3. Trunk Sewer Charge $419/living unit
Service Area: Grantland
4. Wastewater Facilities Charge $2,119/living unit
5. Copper Avenue Sewer Lift Station Charge n/a
6. Fowler Trunk Sewer Interim Fee Surety n/a
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 21
7. House Branch Sewer Charge n/a
8. Millbrook Overlay Sewer n/a
WATER CONNECTION CHARGES FEE RATE
9. Service Connection Charge:
Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and
Meter(s) established by the Master Fee Schedule.
10. Frontage Charge $6.50/lineal foot .
11. Transmission Grid Main Charge $643/net acre
12. Transmission Grid Main Bond Debt
Service Charge $243/net acre
13. UGM Water Supply Fee $407/living unit
Service Area: 201-S
14. Well Head Treatment Fee $0
Service Area: 201
15. Recharge Fee $0
Service Area: 201
16. 1994 Bond Debt Service $0
Service Area: 201
DEVELOPMENT IMPACT FEE
17. Northeast Fresno Policing Area n/a
18. Traffic Signal Charge n/a
URBAN GROWTH MANAGEMENT FEE RATE/CHARGE"
19. UGM Fire Station Capital Fee $547/gross acre
Service Area: 14
20. UGM Park Fee $2,459/gross acre
Service Area: 5
21. Major Street Charge $2,798/adj. acre
Conditions of Approval
Vesting Tentative Tract Map No. 5358/UGM
November 16, 2005
Page 22
Service Area: C/D-2
22. Major Street Bridge Charge $94/adj. acre
Service Area: C-D-2
23. Traffic Signal Fee $478/living unit
24. UGM Grade Separation Fee n/a
25. Trunk Sewer Charge n/a
Service Area:
26. *Street Acquisition/Construction Charge n/a
KAMaster Files-Tract MapsV5300 to 5399 maps\Tract 5358 Amoldo Rodriguez(R-04-93&C-04-246)\PC,CC COxs\PC on Nov. 16\COA-T-5358-
Nov.16,2005.doc
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
NOVEMBER 16, 2005
CONDITIONAL USE PERMIT APPLICATION NO. C-04-246
PART A- PROJECT INFORMATION
1. Assessor's Parcel No: 504-130-13 and a portion of 504-050-18
2. Zone Map No: 1743
3. Job Address: Vesting Tentative Tract Map No.T-5358 and Rezone Application
No. R-04-93
4. Street Location: Northwest corner of North Josephine Avenue and North Riverside
Country Club Drive, south of the San Joaquin River bluff
5. Existing Zoning: AE-5/BP/UGM(Exclusive Five Acre Agricultural/Bluff Preservation
Overlay District/Urban Growth Management)and the AE-20/UGM
(Exclusive Twenty Acre Agricultural/Urban Growth Management)
zone districts
6. Proposed Zoning: R-1/BP/UGM (Single Family Residential/Bluff Preservation
Overlay/Urban Growth Management)per Rezone Application No.
R-04-93
7. Planned Land Use: Medium density residential
8. Plan Areas: Bullard Community Plan
9. Project Description: Proposal to create a planned development,which includes gates
to restrict vehicular access, private streets, reduced lot sizes and
setbacks, and common open space for 144 of the proposed 230
lots of Vesting Tentative Tract Map No. 5358.
PART B -GENERAL CONDITIONS AND REQUIREMENTS
The Planning Commission on November 16,2005,approved the special permit application subject
to the enclosed list of conditions and Exhibits A, E-1, E-2, E-3, E-4, E-5, and E-6 dated August 31,
2005.
An environmental assessment/initial study was conducted and resulted in a mitigated negative
declaration, dated August 10,2005. The mitigated negative declaration was been published in the
Fresno Bee commencing a 20-day public review and comment period on August 10, 2005.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 2
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project may be subject to a variety of discretionary conditions of approval.
These include conditions based on adopted City plans and policies, those determined through site
plan review and environmental assessment essential to mitigate adverse effects on the environment
including the health, safety, and welfare of the community, and recommended conditions for
development that are not essential to health, safety, and welfare, but would on the whole enhance
the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval are listed in the last section of this list of conditions under the
heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are
mandatory and may only be modified by variance, provided the findings pursuant to Fresno
Municipal Code (FMC)Section 12-405.A can be made.
All discretionary conditions of approval will ultimately be deemed mandatory unless
appealed in writing to the Planning and Development Director within 15 days.
In the event you wish to appeal the Planning Commission's decision or discretionary conditions of
approval, you may do so by filing a written appeal with the Director. The appeal shall include a
statement of your interest in or relationship to the subject property, the decision or action appealed
and specific reasons why you believe the decision or action appealed should not be upheld. Your
appeal must be filed by December 1, 2005.
Approval of this special permit shall be considered null and void in the event of failure by the
applicant and/or the authorized representative, architect, engineer, or designer to disclose and
delineate all facts and information relating to the subject property and the proposed development
including, but not limited to, the following:
1. All existing and proposed improvements including but not limited to buildings and structures,
signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the
subject property and all of the preceding which are located on adjoining property and may
encroach on the subject property;
2. All public and private easements, rights-of-way and any actual or potential prescriptive
easements or uses of the subject property;
3. Existing and proposed grade differentials between the subject property and adjoining property
zoned or planned for residential use.
Approval of this special permit may become null and void in the event that development is
not completed in accordance with all the conditions and requirements imposed on this
special permit, the Zoning Ordinance, and all Public Works Standards and Specifications.
The Planning and Development Department shall not assume responsibility for any deletions
or omissions resulting from the special permit review process or for additions or alterations
to construction plan not specifically submitted and reviewed and approved pursuant to this
special permit or subsequent amendments or revisions.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 3
No uses of land, buildings, or structures other than those specifically approved pursuant to this site
plan shall be permitted. (Include this note on the site plan.)
Transfer all red line notes,etc.,shown on all original site plan exhibits(dated November 16,2005)to
the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT
AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS.
The exercise of rights granted by this special permit must be commenced by November 16, 2009
(four years from the date of Planning Commission approval). There is no exception.
To complete the back-check process for building permit relative to planning and zoning
issues, submit eight copies of this corrected, final site plan, together with six copies of the
elevations, landscape, and irrigation plans, and any required covenants and/or studies or
analyses to the Planning Division, Current Planning Section, for final review and approval,
ten days before applying for building permits.
Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the
Planning Division must be substituted for unstamped copies of same in each of the four sets of
construction plans submitted for plan check prior to issuance of building permits. The final approved
site plan must also include all corrections identified in the plan check process.
Be advised that on-site inspections will not be authorized unless the final stamped approved site
plan, elevations, landscape, and irrigation plans are included in the plan check file copy.
Please call for an appointment for final sign-off for building permits following your receipt
and substitution of the four copies of the stamped, corrected,approved exhibits in the plan
check sets. Contact Arnoldo Rodriguez at (559) 621-8633 or via e-mail at
Arnoldo.Rodriguez@fresno.gov to schedule an appointment.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1),the imposition of fees,
dedication, 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, reservation or exactions imposed on the development
project.
This notice does not apply to those fees, dedications, reservations or exactions which were
previously imposed and duly noticed; or, where no notice was previously required under the
provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
PART C - PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and proposed
on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due
to omission or misrepresentation of information,for which this review process is dependent,will be
imposed whenever such conditions are disclosed.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 4
Questions relating to dedications, street improvements or off-street parking lot geometdcs may be
directed to David Padilla at(559)621-8798 or Greg Jenness at(559)621-8812 of the Public Works
Department, Engineering Division.
STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS
a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes,
guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash
receptacles, tree wells, etc., within the existing and proposed public rights of way.
b) Provide a minimum 4 foot wide path of travel along the public sidewalk on all frontages
of the property as required by Title 24 of the California Administration Code. An on-site
pedestrian easement may be required if Title 24 requirements can not be met within the
existing public rights of way.
c) Deed documents for the required property dedications shall be prepared by the
applicant's engineer and submitted to the Public works Department, Engineering
Division, Special Districts / Projects and Right-of -Way Section with verification of
ownership prior to issuance of building permits. Deed documents must conform to the
format specified by the city. Document format specifications may be obtained from the
Public Works Department, Engineering Division, Special Districts/Projects and Right of
Way Section, or by calling (559) 621-8694.
d) The construction of any overhead, surface or sub-surface and appurtenances in the
public rights-of-way is prohibited unless an encroachment permit is approved by the
Public Works Department,Engineering Division,Special Districts/Projects and Rights-of-
Way Section. Encroachment permits must be approved priorto the issuance of building
permits. Please call (559) 621-8693 for additional information.
STREET IMPROVEMENTS
All improvements shall be constructed in accordance with the Standard Specifications and Standard
Drawings of the City of Fresno, Public Works Department or street construction plans required and
approved by the City Engineer. The performance of any work within the public street rights-of-way
(including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by
the Public Works Department, Engineering Services Division, prior to commencement of the work.
All required street improvements must be completed and accepted by the City prior to occupancy.
For additional information you may call (559) 621-8686.
e) Repair all damaged and/or off grade off-site concrete improvements as determined by
the Public Works Department, Construction Management Division. For additional
information you may call (559) 621-5500.
f) Install sidewalk and concrete approaches to City Standard Specifications within all street
frontages.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 5
g) Install streetlights along all street frontages in accordance with City Standards. Plans
must be prepared by a registered Civil Engineer and must be approved by the Public
Works Department Engineering Division prior to installation.
h) Underground all existing off-site overhead utilities within the limits of this site as per FMC
Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229.
i) Provide parkway landscaping. Street trees shall be planted every 60 feet on center.
Plans shall be prepared by a landscape architect.
j) Submit the following as a single package to the Public Works Department Engineering
Division, Plan Check and GIS Mapping Section for review and approval, prior to
issuance of building and street work permits: Street Improvement Plans, Signing and
Striping Plans, Street Lighting Plans and Landscape and irrigation Plans. For additional
information you may call (559) 621-8682.
GATED ENTRY
k) Submit a detailed gated entry design to Public Works and Fire Departments and the
Department of Public Utilities, Solid Waste Division for approval. This includes any
required or proposed on-site gates that restrict vehicular access.
SURVEY MONUMENTS AND PARCEL CONFIGURATION
1) Existing survey monuments shall be preserved and if disturbed, shall be reset by a
person licensed to practice land surveying in the State of California.
URBAN GROWTH MANAGEMENT MAJOR STREET REQUIREMENTS
The project site is located within the Major Street Zone C/D-2, Urban Growth Management(UGM)
area. Pay all fees at the time of issuance of building permits. The UGM Fee obligations for this
development will be calculated during the building plan check process. Building permits can not be
issued until the UGM requirements have been satisfied.
PART D - PLANNING/ZONING REQUIREMENTS
1) PLANNING
a) Development is subject to the following plans and policies:
i) 2025 Fresno General Plan
ii) Bullard Community Plan
iii) Planned Development (Section 12-306-N-21 of the FMC)
iv) Medium density residential planned land use
2) ZONING
a) Development is proposed in accordance with the proposed R-1/BP/UGM (Single Family
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 6
Residential/Bluff Preservation Overlay/Urban Growth Management)zone district. Approval
of the CUP is contingent upon approval of Rezone Application No. R-04-93 and Vesting
Tentative Tract Map No. 5358.
3) POPULATION DENSITY (Residential Proiects)
a) Contingent upon approval of Rezone Application No. R-04-93 and the medium density
residential planned land use designation, the subject property shall not be developed with
more than 4.99 to 10.97 units per acre or parcels less than 4,200 square feet in lot area per
Section 12-306-N-21 of the FMC.
4) BUILDING HEIGHT
a) The maximum allowable building height is 30 feet per Section 12-211.5-D. The proposal
is within the required height.
b) EXCEPTIONS: Overheight structure may be approved by the City Planning
Commission. However, no roof structure or any space above the height limit shall be
allowed for the purpose of providing additional living or floor space. Submit a letter
together with the filing fee to the Secretary of the Planning Commission requesting
approval.
5) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING
a) All lots shall provide a minimum front yard of 18 feet, measured from the property line to the
front of the roll-up garage door. Should a roll-up garage door not be provided, the minimum
distance shall be 20 feet.
b) Clearly identify the uses for all outlots (common open space, street, etc.). Note that all
outlots are subject to review and approval by the responsible agency. Clearly depict all
streets, including all improvements.
c) All lots shall provide a minimum rear yard of 20 feet as depicted on Exhibit A dated August
31, 2005.
d) Parcels shall provide the setbacks as depicted on Exhibit A dated August 31, 2005, which
includes street side yards of 10 feet, and key lot setbacks of eight feet.
e) The following outlots shall be landscaped and maintained by the homeowners association:
i) Outlots C, D, E, F, G, H, and I (on map dated November 16, 2005).
f) The property owner/developer shall create a homeowners association for the maintenance
of the landscape areas and proposed private streets, utilities and walls/gates (all Outlots
within the planned development,including the landscape areas along the rear of the homes
along North Thiele and North Josephine Avenues). The proposed Declaration of
Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the
homeowners association shall be submitted to the Planning and 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
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 7
final acceptance of subdivision improvements. Said documents shall include assignment of
responsibility to the homeowners association for landscaping and other provisions as stated
in the Planning and Development Department Guidelines for preparation of CC&R's dated
January 11, 1985.
g) The number of trees will be determined by the following formula:
Section 12-306-N-24-G-3 of the FMC requires one medium sized tree (30 — 60 feet at
maturity)for each parking space, plus one medium sized tree for each residential unit. Two
small trees (15-30 feet at maturity) shall be counted as one medium-sized tree.
h) Trees shall be maintained in good health. However,trees may not be trimmed or pruned to
reduce the natural height or overall crown of the tree, except as necessary for the health of
the tree and public safety; or as may otherwise be approved by the Planning and
Development Department. (Include this note on the landscape plan.)
i) Submit landscaping plans to the Planning & Development for review and approval.
j) Landscaping must be in place before issuance of the certificate of occupancy. A Hold on
Occupancy shall be placed on the proposed development until such time that landscaping
has been approved and verified for proper installation by the Planning Division.(Include this
note on the landscape plan.)
k) Prior to final inspection,a written certification,signed by a landscape professional approved
by the Director,shall be submitted stating that the required landscaping and irrigation system
was installed in accordance with the landscaping and irrigation plans approved by the
Planning Division, Development Department. (Include this note on the landscape plan.)
1) Clearly identify all condensing units, air conditioning and heating units on the site and
elevation plans. Mechanical equipment must be screened.
m) No structures of any kind (including signs, call boxes, site maps, directional signs, etc.
unless permitted by Section 12-212.5-K-2 of the FMC)may be installed or maintained within
the above-landscaped areas. No exposed utility boxes, transformers, meters, piping
(excepting the backflow prevention device), etc.,are allowed to be located in the landscape
areas or setbacks or on the street frontages of the buildings. All transformers,etc., shall be
shown on the site plan. The backflow device shall be screened by landscaping or such
other means as may be approved. (Include this note on the site plan.)
7) FENCES, HEDGES, AND WALLS
a) Temporary fences to secure projects under construction are allowed. Any temporary fence
shall be adequately secured and constructed to prevent overturning due to wind,vandalism,
and/or casual contact by the general public. The construction shall be performed in such a
manner as to minimize any potential safety hazard,which may occur as a result of improper
fence installation or damage to the fence.
b) Only those fences as shown on the site plan shall be reviewed for approval.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 8
c) Submit a rendering depicting the fence height, design and color for review and approval.
d) Provide a six foot high concrete block wall at the rear of the landscape areas along North
Thiele and North Josephine Avenues. Depict and label on Exhibit A.
8) ACCESS
a) Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval
for Vesting Tentative Tract Map No. T-5358/UGM dated November 16, 2005.
9) COVENANTS AND AGREEMENTS
a) The covenants, conditions, and restrictions for the owner's association shall comply with
Section 12-1026 of the Fresno Municipal Code.
b) Submit deed restrictions or covenants restricting exterior colors and construction materials to
those compatible with natural bluff environment and with the surrounding development as
required by Section 12-243.7-C of the Fresno Municipal Code.
c) Unless otherwise noted, all covenants or agreements will be prepared upon receipt of the
fee indicated below. Covenants must be approved by the City Attorneys Office prior to
issuance of building permits.
10)OUTDOOR ADVERTISING
a) Signs, other than directional signs, if applicable, are not approved for installation as part of
this special permit. Submit for a separate Master Sign Program or Sign Review Application.
Applications and requirements for submittal are available at the Planning Division's Public
Front Counter. Note that all signs, including directional signs,must be located outside of the
required landscape setbacks.
b) Signs must comply with Sections 12-212.5K-2 and 12-207.5-J-1, 2, 3 and 4 of the FMC.
c) Free-standing permanent signs identifying the development are subject to the following
conditions:
d) The number of such signs shall be limited to two single-faced or one double-faced sign for
each major entrance from a public street, or one single-faced sign for each street frontage
for multiple-family developments which have no entrances from a public street.
e) No such sign may have an area greater than forty square feet.
f) Such signs may be located at the entrance to the development or within any required front or
street side yard landscaped setback, if the sign height is five feet or less and the sign is set
back at least five feet from any street property line. The provisions of Section 12-306-N-9 of
the FMC shall apply to any signs placed within a utility or landscape easement. Signs may
be placed flush against a solid masonry or wood fence/wall, provided that the copy area of
each sign does not exceed thirty-two square feet and that no portion extends above the
fence or wall.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 9
g) Free-standing signs placed behind any landscaped setbacks may not exceed ten feet in
height.
h) Signs may not be internally illuminated but may be floodlighted, provided floodlights do not
cast direct light on adjoining streets or properties.
i) Permanent signs with a maximum area of four square feet and a height of five feet,directing
residents or visitors to parking areas or the rental office,may be installed without issuance of
a sign permit.
j) Permanent directories with a maximum area of twenty-four square feet and a height of six
feet, showing the locations of individual units, may be installed for multiple-family
developments having an area of one-half acre or more.Any such directory under six square
feet in area or required as a condition of approval of a special permit for the development
shall be exempt from issuance of a sign permit.
k) Clearly depict and label any proposed and future signs on exhibit. Should any signs be
proposed under this conditional use permit application, provide their height, location and
area.
11)BUILDING ELEVATIONS
a) All houses in the subject planned development shall be in compliance with elevations shown
in Exhibits E-1, E-2, E-3, E-4, E-5, and E-6 dated August 31, 2005.
PART E -CITY AND OTHER SERVICES
12)FIRE PROTECTION REQUIREMENTS
a) Comply with the requirements of the attached Fire Department memorandum dated January
19, 2005.
13)TRANS PORTATION/TRAFFIC PLANNING REQUIREMENTS
a) Comply with the requirements of the attached Public Works memorandum,dated December
2, 2004 and February 4, 2005.
14)SOLID WASTE COLLECTION
a) Comply with the attached Solid Waste Management memorandum dated November 30,
2004.
b) The subject site shall be serviced by the City of Fresno, Public Utilities,Solid Waste Division.
15) PUBLIC UTILITIES REQUIREMENTS
a) Comply with the attached Public Utilities requirements memorandum, dated August 25,
2005.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 10
16)HEALTH PROTECTION REQUIREMENTS
a) Comply with the requirements of the County of Fresno Department of Health, dated
November 12, 2004.
17)FRESNO METROPOLITAN FLOOD CONTROL DISTRICT(FMFCD)
a) Comply with the attached FMFCD memorandum, dated December 8, 2004.
18)SCHOOL FEES
a) School fees must be paid prior to issuance of building permits. (Contact Central Unified
School District.) Provide proof of payment(or no fee required) prior to issuance of building
permits.
b) Comply with the letter form Central Unified School District dated February 1, 2005.
19)SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
a) Comply with the attached San Joaquin Valley Air Pollution Control District memorandum,
dated November 4, 2004.
20) DEPARTMENT OF PUBLIC WORKS STREET TREES DIVISION
a) Comply with the attached Department of Public Works, Street Tree Division memorandum,
dated November 17, 2004 and December 23, 2004.
21)PACIFIC GAS AND ELECTRIC COMPANY
a) The developer/owner shall comply with the requirements in the letters from the Pacific Gas
and Electric(PG&E)Company dated February 1, 2005 October 27,2005. Note that PG&E
limits the height and location of structures,shrubs,fences,etc.within the existing easement.
22)SAN JOAQUIN RIVER BLUFF ACCESS
a) In letters from the San Joaquin River Parkway and Conservation Trust, Inc.dated December
6, 2004, and the California State Lands Commission dated November 30, 2004 and March
10,2005,the agencies stress maintaining access to the San Joaquin River. Given the site's
proximity to the river, the applicant shall provide access to the river in a form acceptable to
the city and the State Lands Commission prior to submittal of the final map.
23)CULTURAL RESOURCES STUDY
a) Given the sites proximity to the San Joaquin River,which is considered sensitive for cultural
resources,comply with the mitigation measures as identified in the cultural resources study
conducted by Varner Associates (dated April 2005). The applicant shall contact City
officials and/or a qualified archaeologist immediately should any materials be discovered.
Conditions of Project Approval
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 11
24)VALLEY LONGHORN ELDERBERRY BEETLES
a) As indicated in the survey conducted by Live Oak Associates dated April 21,2005 and June
2, 2005, several elderberry shrubs were identified along the San Joaquin River Bluff face.
Elderberry shrubs are the host plant for the valley elderberry longhorn beetle (Desmocerus
califomicus dimorphus), which was listed as an endangered species by the United States
Department of the Interior in September of 1980. The study lists several mitigation
measures to avoid disturbing the host plant. However, given that the valley elderberry
longhorn beetle is identified as an endangered species, written approval from the United
States Fish & Wildlife Service will be required prior to the recordation of the final map, in
addition to all measures identified in the two reports completed by Live Oak Associates, Inc.
and those contained in the letter from the United States Fish&Wildlife Service dated August
31, 2005.
25)CALTRANS
a) Consider the letters from Caltrans dated February 23, 2005 and March 8, 2005.
PART F - MISCELLANEOUS
Approval of this site plan is contingent upon the submittal of corrected site plans showing all
existing/proposed on-site conditions as reflected on all exhibits and the following:
1) Include a color and material schedule on the site plan, as well as on the elevations, for the
exterior of all buildings and structures, including the proposed maintenance room.
2) If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately. (Include this note on the site plan.)
3) 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 (Phone: 916/653-4082) shall be immediately
contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (Phone: 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. (Include this note on the site plan.)
4) If animal fossils are uncovered,the Museum of Paleontology,U.C. Berkeley shall be contacted to
obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment
and, if the paleontologist determines the material to be significant, it shall be preserved.(Include
this note on the site plan.)
All discretionary conditions of approval will ultimately be deemed mandatory unless
appealed in writing to the Planning and Development Department Director within 15 days.
City of
PUBLIC WORKS DEPARTMENT
DATE: December 23, 2004
TO: ARNOLDO RODRIGUEZ, Planner III
Planning and Development Department
FROM: JOE PAFF, Engineering Technician
Public Works Department
SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5358 AND COMMUNITY
FACILITIES DISTRICT
1. If approved by Council, the following features may be maintained by a Community Facilities
District.
■ Maintenance of all Landscaping and Irrigation systems as approved by the Public
Works Department within the street easements (including median to center of median)
and the landscape easements along the property lines that side or back-onto N. Thiele
and W. Josephine Avenues. The landscaping (including street trees) in areas
bordering the gated community may be maintained by that community's HOA.
■ Maintenance of all Curbs and Gutters, Sidewalks, Median Curbs (to center of median),
Street Furniture and Street Pavement (to street centerline)within N. Thiele and W.
Josephine Avenues and N. Riverside Country Club Drive bordering the tentative map.
■ Maintenance of all non- private interior Local Street Pavement, Curbs and Gutters,
Sidewalks, Medians and Street Furniture as approved by the Public Works Department
within the boundary of 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 Public Works Department within the
boundary of the tentative map.
2. Should the owner/developer choose to not be included within a CFD for the maintenance of the
items listed in section 1 above, the property owner/developer shall privatize all common areas,
including streets, within the tentative map and provide for the maintenance of all of the above
items by the property owners.
3. The Community Facilities District shall not provide maintenance in or adjacent to the gated
entrances, the PG&E power line easements (Outlot C and D), the Bluff Face and Trail area or
Outlot A.
Any change affecting the Items in these conditions requires revision of this letter.
If you have any questions, please call me at 621-8695
c:PW File No. 10770 File:lwordlcfd2lttmapreview1tt5358
D E P A R T M E N T O F P U B L I C W O R K S
TO: Arnoldo Rodriguez, Planner I I
Planning Division
FROM: NANCY MORRISON, PROGRAM MANAGER, (559.621.8690)
DATE: November 17, 2004
Subject VESTING TENTATIVE MAP OF TRACT 5358
The Department of Public Works has reviewed the Tentative Subdivision Map proposed by
Patriot Homes, on engineering drawings plans prepared by Harbour and Associates dated
10.12.04. The DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the
STREET TREES, BUFFER LANDSCAPING and MEDIAN ISLAND LANDSCAPE.
STREET TREE REQUIREMENTS
A. Fresno Municipal Code requires one tree per 60 lineal foot of street frontage. Street trees
are required to be planted at the rate of one tree for each 60' of street frontage. The subdivider
is required to provide street trees on all public street frontages and buffer landscaping easements.
The subdivider is required to provide automatic irrigation for all street trees. The irrigation
system shall comply with FMC 12-306-N-23.
B. The street tree species are designated for the following rights of way:
STREET NAME STREET TREE SPECIES
Thiele Avenue Sapium sebiferum, (Chinese Tallow)
N. Riverside Country Sapium sebiferum, (Chinese Tallow)
Club Drive
W. Oak Avenue Ginkgo biloba, (Ginkgo)
W. Pinedale Ave Ginkgo biloba, (Ginkgo)
N. La Paz Avenue Ginkgo biloba, (Ginkgo)
BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS
A. The subdivider is required to landscape / irrigation and provide long term maintenance for said
landscape in the landscape buffer(s) on Thiele Avenues, (lots 2-6 backing to Thiele Ave). The
subdivider may petition for annexation in the Community Facilities District, or may form a Home
Owner's Association.
B. Buffer Maintenance Through Annexation to the Community Facilities District Landscape
and Irrigation plans are required and shall be submitted to THE DEPARTMENT OF PUBLIC
WORKS for review and approval prior to a Council approval of the final map. Plans shall be
numbered to conform to and be included in the THE DEPARTMENT OF PUBLIC WORKS street
construction plan set for the final map. These fees are applicable when the subdivider elects to
maintain the buffer landscaping by annexing to the city's Community Facilities District
Department of Public Works comments T-5376 Tentative Map
Spetember 27,2004
page 2
1. Landscaping shall comply with Landscape Buffer Development Standards approved by
the City Council on October 2, 1990. Landscape and irrigation plans shall comply with
Sections 12-306-N -23 & 24 and 14-121 of the Fresno Municipal Code regarding Water
Efficient Landscaping and Buffer landscaping.
2. Should the proposed landscape buffers and/or parkway strips be located next to an
existing buffer and/or parkway strip, the planting concept shall simulate the adjacent
landscape design to present a more uniform appearance on the street Variances in the
landscape concept will be acceptable, but the design of the new landscape buffer and/or
parkway strip shall strive to mimic the existing as much as possible.
3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall
be placed outside the landscape easement Maximum slopes shall not exceed 4:1 with I' of
level ground between the slope and the back of the sidewalk and/or face of fence. Erosion
control measures shall be implemented on all slopes of 4:1, including the use of synthetic
erosion control netting in combination with ground cover species approved by the THE
DEPARTMENT OF PUBLIC WORKS/ ENGINEERING SERVICES DIVISION.
4. The water meter(s) serving the buffer landscaping shall be sized for the anticipated
service flows.
5. No private flags, signs or identification of any kind shall be permitted in the right of way,
within the city - controlled easement or on the fence or wall facing the street
6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall
be the responsibility of the City of Fresno Water Division and may not be included in the
CFD.
TRAIL REQUIREMENTS
A. The trail shall be constructed in accordance with the Master Trails Manual." The subdivider is
responsible for the trail construction. The subdivider is responsible for all landscape and
irrigation improvements associated with the trail. Construction plans shall be submitted and shall
include landscaping and automatic irrigation design. These plans shall be approved by THE
DEPARTMENT OF PUBLIC WORKS.
OUTLOTS
A. The DEPARTMENT OF PUBLIC WORKS will not be responsible for the maintenance of
outlots A, B, C, D, E, F, G or H.
City Of
FRESNO FIRE DEPARTMENT DATE:
MEMORANDUM
TO:
C
FROM: lanai ��Srne-� i SENIOR FIRE PREVENTION INSPECTOR
SUBJECT: V�� ;L o,� TRACT NO.
MEETING OF (DATE) : K/A
Fire Department Comments are as follows:
1 , This project is within 3 miles of Fire Station No,
2, This project is subject to UGM Fire service fees for Fire
Station No.
3, Provide (commercial ) (residential ) ydrants and fire flows per
Public Works Standards with two sources of water.
4. Access is acceptable as shown,
l� 5. Access is not acceptable:
6 , This tract is in the Station 21 UGM Fee area and is required to
be annexed to the Community Facilities District No, 1 .
7 . 0 th e r: Ld�Co1v (L C4
�oscc �A �)"�-CCS a�l�invne
2543I/78I
r
FRESNO FIRE DEPARTMENT FPS-42
FIRE HYDRANT AND ACCESS REQUIREMENTS
APPLICATION NO. C ` 04- Z 4-1'o DATE
LOCATION REVIEWED BY
HYDRANTS
1. ❑ Developer must install on-site hydrant(s). See plan for location(s). Provide fire hydrant flow of
( j 1500 GPM [ ] 2500 GPM 8"water main minimum.
2. Public street hydrant(s) must be installed. Coordinate street hydrant locations with Public Works.
3. Fire hydrants shall be tested and approved, and all surface access roads shall be installed and made
serviceable prior to and during the time of construction. The 4-1/2"outlet shall face the access lane.
ACCESS
GENERAL: 1.11 .i.
4. Two means of ingress/egress must be provided. This access must be maintained during all phases of
development.
5. All construction work on this project is subject to interruption if the road system becomes impassable for
fire apparatus due to rain or other obstacles.
6. ❑ All openings in the perimeter of a building shall be accessible from within 150 feet of a public street or
private driveway.
7. ❑ Loading zones shall not be located in required fire lanes.
8. ❑ Where buildings or portions thereof are more than 35 feet in height, an aerial truck setup area shall be
located adjacent to at least one side of such buildings. Aerial truck setup areas shall be minimum width
of 30 feet wide for not less than 60 feet when part of through fire lanes
9. ❑ Aerial truck setup areas, as described in No. 8 above, shall be provided adjacent to at least two sides of
buildings more than 35 feet in height that exceed 150 feet in length or width.
10. All private streets and driveways that are provided for common access, and are required for Fire
Department access, shall be constructed to a minimum unobstructed width of 20 feet. For drives separated
by a median, 15 foot minimum lanes are required.
11. ❑ Streets highlighted on plan shall be identified as fire lanes as provided in the California Vehicle Code,
Section 22500.1. Designate highlighted curbs as fire lanes (red curb with "Fire Lane" in 3"white letters
every 50 feet or approved signs every 50 feet).
12. ❑ Provide sign(s) (17"X 22" minimum) at all public entrance drives to the property, which state, "Warning-
Vehicles stopped, parked, or left standing in fire lanes will be immediately removed at owner's expense-
22658 California Vehicle Code-Fresno Police Department 498-1414."
13. ❑ Tums in private drives and intersecting drives shall have a minimum 34 foot centerline turning radius.
14. ❑ Tums in private drives for aerial truck access, required in No. 5 above, shall have a minimum 44 foot
centerline tum radius.
iqI � „
15. ❑ Dual entry drives require intermediate turnarounds when length exceeds 700 feet.
16. All gates on common access drives shall be equipped with approved Police/Fire bypass locks(Best locks;
Padlock 21 B700 series or Cylinder lock 1 W7B2). Gates/fences shall not obstruct the minimum width
required for fire lanes.
17. ❑ The entire width of a required access way shall remain unobstructed to a vertical height of 13 feet, 6 inches.
SINGLE-ENTRY PRIVATE STREETS:
18. ❑ Turnarounds required if the length exceeds 150 feet.
19. ❑ The maximum allowable length of a single entry roadway is 450 feet.
20. ❑ Required turnarounds shall be defined as fire lanes (see No. 11).
21. ❑ The entire width of a required access way shall remain unobstructed to a vertical height of 13 feet,6 inches.
"EMERGENCY ACCESS ONLY" ROADWAYS:
22. ❑ Emergency accesses are required to be dedicated fir protection easements.
23. ❑ Road surface shall be of a all weather construction.
24. ❑ Gates, posts, or other barriers suitable to the Fire Department are required to be installed at the entrance
to an "emergency access only" roadway.
25. ❑ The entrance to all emergency accesses shall be posted with permanent signs: 'FIRE ACCESS (6"
LETTERS)vehicles removed at owner's expense(2"letters)FRESNO POLICE DEPARTMENT 498-1414
(1" letters).
26. ❑ All gates on the"emergency access' roadway shall be fitted with a Police/Fire bypass lock (see No. 16
above).
PEDESTRIAN ACCESS:
27. ❑ Pedestrian access shall be provided to all exterior areas of buildings where necessary to assure compliance
with the"150 foot rule.'
28. ❑ All pedestrian gates, where required for compliance with the "150 foot rule" shall remain unlocked or be
provided with Police/Fire bypass locks (see No. 16 above).
29. ❑ Required pedestrian access ways shall be designed to facilitate the carrying of ground ladders and the
advancing of fire hose lines.
OTHER:
30. ❑
FPB-421FORMS
(Revised 12103)
CITY OF FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED
Initial Study is on file in the Planning and Environmental 2005 AUG 10 PM 4: 50
Development Department, City Hall, Assessment Number.
2600 Fresno Street, Fresno, Califomia 93721 R-04-93/T-5358/C-04- CITY CLERK. FRESNO Ct'
(559)621-8277 246
APPLICANT: Patriot Homes Assessor's
8383 Wilshire Blvd., Ste. 1000 Parcel Number.
Beverly Hills, CA 90211 504-050-03, 504-050-
18& 504130-13
PROJECT DESCRIPTION AND LOCATION: Filed with:
Harbour&Associates,on behalf of Riverfront Ventures,LLC,has filed applications REBECCA E. KLISCH, City Clerk
pertaining to 51.8 acres of property located on the northwest comer of North 2nd Floor-City Hall
Josephine Avenue and North Riverside Country Club Drive, south of the San 2600 Fresno Street
Joaquin River bluff. Rezone Application No. R-0493 proposes to reclassify the Fresno, California 93721-3603
subject site from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth
Management) and the AE-20/UGM (Exclusive Twenty Acre Agricuttura(/Urban
Growth Management) zone districts to the R-1/BP/UGM (Single Family
ResidentiaUBluff Preservation Overlay/Urban Growth Management) zone district.
Vesting Tentative Tract Map No.5358 proposes to subdivide the site into a 231 lot,
single family subdivision, while Conditional Use Permit Application C-04-246
proposes a planned unit development (which includes gates to restrict vehicular
access)for 141 of the 231 lots.
The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completec
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: Amoldo Rodriguez SUBMITTED' Y: <
Supervising Planner
DATE:August 10, 2005 GILBERT J. HARD, Planning Manager
PLANNING AND DEVELOPMENT DEPARTMENT
KVdaster Files-Tract Maps%Tract 5358 Arnaldo Rodriguez(R-0493&C-04-246)\Mtigated Neg Dec Cmw.wpd
ENVIRONMENTAL ASSESSMENT(EA) CHECKLIST
1TENTIAL ENVIRONMENTAL EFFF -S
EA NO. R-04-93/T-5358/C-04246
1_0 TOPOGRAPHIC,SOIL, GEOLOGIC 11.0 URBAN SERVICES
CONSIDERATIONS 1 11.1 Availability of fire protection
2 1.1 Geologic hazards,unstable soil conditions 1 11.2 Lads 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 2 11.5 Availability of water mains of adequate size
2 11.6 Availability of sewer lines of adequate capacity
2_0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities(on or
2 2.1 Substantial indirect source of pollution off 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
3_0 WATER substances
1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding
use 1 12.3 Adverse change in course of flow of flood waters
1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents
1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste
1 3.4 Pollution of surface or ground water supplies sites
1 3.5 Reduction in ground water recharge
13.0 AESTHETICS
4_0 PLANT LIFE 2 13.1 Obstruction to public or scenic vista or view
2 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions
endangered species 2 13.3 Removal of street trees or other valuable
1 4.2 Reduction in acreage of agricultural crop vegetation
1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area
agricultural land
14.0 HISTORICAL/ARCHAEOLOGICAL
5_0 ANIMAL LIFE 2 14.1 Removal of historic building,disruption of
2 5.1 Reduction in the numbers of any rare,unique or archaeological site
endangered species 1 14.2 Construction or activity incompatible with adjacent
1 5.2 Deterioration or displacement of valuable wildlife habitat historic site
6_0 HUMAN HEALTH 15.0 ENERGY
1 15.1 Use of substantial amounts of energy or fuel
7_0 NOISE 1 15.2 Substantial increase in demand upon existing
2 7.1 Increases in existing noise levels sources of energy
1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy
8_0 LIGHT AND GLARE EXPLANATION OF RATINGS
1 8.1 Production of glare which will adversely affect "0" Insufficient Information
residential areas
1 8.2 Exposure of residences to high levels of glare Insufficient information is available to -determine the
potential environmental effects which may result from the
9.0 LAND USE proposed project in this category.
1 9.1 Incompatibility with adopted plans and policies
1 9.2 Acceleration of growth rate "1" No significant Environmental Effect
1 9.3 Induces unplanned growth The proposed project will not have an adverse
1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is
characteristics not substantially unusual or of undesirable magnitude.
This rating is also utilized in cases where the category is
10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration.
1 10.1 Generation of vehicle traffic sufficient to cause capacity "2" Moderate Environmental Effect
deficiencies on existing street system The proposed project will have an adverse environmental
1 10.2 Cumulative increase in traffic oa a major street for which effect in this category, which is of sufficient magnitude to
capacity deficiencies are projected
1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. However, this effect is not
pedestrians substantial enough in itself to require the preparation of an
1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigabie through
1 10.5 Insufficient or poorly located parking project changes and conditions.
1 10.6 Substantial increase in rail and/or air traffic "3" Significant Adverse Environmental Effect
The environmental effect identified in this category
substantiates in itself or contributes towards a finding that
the proposed project has a potentially significant adverse
effect on the environment sufficient to require the
preparation of an Environmental Impact Report.
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
ENVIRONMENTAL ASSESSMENT- INITIAL STUDY
AUGUSr10,2005
APPLICATION NO. R-04-93, T-5358 & C-04-246
PROJECT DESCRIPTION
Harbour & Associates, on behalf of Patriot Homes, has filed Rezone Application No. R-04-93,
Vesting Tentative Tract Map No. 5358/UGM, and Conditional Use Permit Application No. C-04-
246 pertaining to approximately 51.48 gross acres (48.29 net acres) of property located on the
northwest corner of North Josephine Avenue and North Riverside Country Club Drive, south of
the San Joaquin River bluff. Rezone Application No. R-04-93 proposes to reclassify the subject
site from the AE-5/BP/UGM (Exclusive Five Acre AgriculturaUBluff Preservation Overlay
DistricVUrban Growth Managemeno and the AE-20/UGM (Exclusive Twenty Acre
Agricultural/Urban Growth Managemeno zone districts to the R-1/BP/UGM (Single Family
Residential/Bluff Preservation Overlay/Urban Growth Managemeno zone district. The subject
property is planned for medium density residential land uses and is vacant. Vesting Tentative
Tract Map No. 5358 proposes to subdivide the property into a 231 lot, single family subdivision.
Conditional Use Permit Application C-04-246 proposes a planned development, which includes
gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common
open space for 144 of the proposed 231 lots. The planned development portion of the
subdivision is bisected by two electric transmission lines, which includes a transmission line
tower.
According to the land use consistency table adopted with the 2025 Fresno General Plan (and
applied within all community plans), the medium density residential planned land use
designation allows 4.99 to 10.97 units per acre. However, Section 12-403-B-2-b(1) of the
Fresno Municipal Code (FMC) allows development of a project site not less than the minimum
density of the next lowest land use designation, medium-low density residential, which allows
2.19 to 4.98 dwelling units per acre. The proposed subdivision density is 4.45 units per acre.
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BORDERING PROPERTY INFORMATION
M Planned Land Existing Zoning Existing Land
Use Use
North Open Space San Joaquin River San Joaquin River
(Multi-Use)
AE-5/EA/UGM
South Medium Density Agricultural Exclusive Five Acre Vacant Agricultural
Residential Minimum/Expressway Area Overlay Land
District/Urban Growth Mana ement
AE-5/BP/UGM
East Open Space (Golf Exclusive Five Acre AgnculturaUBluff Riverside Municipal
Course) Preservation Overlay District/Urban Golf Course
Growth Management
AE-5/BP/UGM
West Light Industrial Exclusive Five Acre AgriculturaUBluff Vacant Agricultural
Preservation Overlay DistrictlUrban Land
Growth Management
The project area is located within the easterly portion of the City of Fresno's adopted Sphere of
Influence and Urban Boundary area, and is currently planned for low density residential planned
land uses by the Bullard Community Plan, updated in November, 2002, and the 2025 Fresno
General Plan, adopted in November, 2002.
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 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 (CEOA), and 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. 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 CEOA Section 15178(a). Therefore, it has been
determined that the filing of a mitigated negative declaration is appropriate in accordance with
the provisions of California Environmental Quality Act (CEQA) Section 21157.5(a)(2) and CEQA
Guidelines Section 15178(b)(1) and (2).
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Master Environmental Impact Report 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 MEI R, including any effects not
mitigated because of the infeasibility of mitigation measures and that the identified adverse
environmental effects are considered acceptable.
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 Concems.
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 identified major streets and highway network is considered 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
reduce this impact to a less than significant level while allowing for the implementation of
other appropriate alternative transportation facilities.
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 cannot 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
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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
project population and employment growth.
4. Noise - The innumerable activities associated with urban living environments typically
generate noise that contributes to the ambient noise levels that occur within the
community. The MEIR identifies numerous mitigation measures intended to reduce the
impacts 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 (2025 Fresno General Plan), 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). These 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
The proposed 231-lot single family residential subdivision is located at the top of and abutting
the San Joaquin River Bluff. The river bluffs may pose certain restrictions to residential
development as the bluffs may be geologically unstable in certain, although limited, areas.
Even more so, the bluffs have been deemed aesthetically desirable, and should be maintained
in their natural state. -
Bluff Zone Soils Study— In accordance with the adopted Bullard Community Plan and the Bluff
Preservation Overlay District, the applicant must prepare and submit a Soils Investigation and
Evaluation Report per the requirements of Section 12-1022(e) of the Fresno Municipal Code
(FMC). The soils report shall address the development of the tract as related to the geologic
stability of the San Joaquin River Bluffs and establishes a minimum setback for the edge for the
proposed residential structures.
The required soils report applies to the Bluff Zone I (the area of the bluff more than 300 feet
south of the bluff toe) and Bluff Zone II (Bluff Influence Area, the area of the bluff within 300 feet
of the bluff toe). The BP 'Overlay District will require the preparation of a Zone III Soils
Investigation and Evaluation Report before any residence is constructed adjacent to the bluff
edge within the Bluff Influence Area. The BP overlay district will also require the preparation of
a Zone III Study before any grading of the bluff is permitted. The Zone III Study will address the
details of the configuration, location, type and loading, and drainage of the proposed structures
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on the lots within the Bluff Influence Area. In accordance with Section 12-1022(e)(3) of the
FMC, the Zone III Soils Study will be required to be submitted prior to final map approval.
The 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.
Mitigation Measures:
1. The applicant shall submit to the city a topographic, soil and geological report in
accordance with Section 12-1022 of the FMC. Mitigation measures are identified in the
attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan
Mitigation Monitoring Checklist dated August 10, 2005.
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.
With respect to the Fresno area, the SJVAB has been classified as follows:
• Ozone. Recently reclassified from "severe nonattainment" to "extreme nonattainment" by
the U.S. EPA. Classified as "severe nonattainment" by the State.
• Particulate Matter (less than 10 microns) (PM10). Classified as "serious nonattainment'
at the federal level. Classified as "nonattainment" by the State.
• Carbon Monoxide (CO). Recently reclassified from "nonattainment"to "attainment' by the
U.S. EPA.
• Nitrogen Oxide (NO2). Unclassified/Attainment at the federal level. Classified
"attainment" at the State level.
• Sulfur Dioxide (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 designation.) Classified "attainment" at the State level.
• Hydrogen Sulfides (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 (03) and particulate matter (PMI()),
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.
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On April 16, 2004, the Environmental Protection Agency (EPA) issued a final rule classifying the
SJVAB as extreme non-attainment, effective May 17, 2004 (69 FR 20550). Under this
rulemaking, the SJVAB's attainment date is November 15, 2010. An Extreme Ozone
Attainment Demonstration Plan (OADP) must be prepared which is a roadmap that identifies
emission reductions needed to attain the air quality standard by this date. According to the final
rule reclassifying the SJVAB as extreme nonattainment for the federal one-hour ozone
standard, the Extreme OADP was due to the EPA on November 15, 2004. A Draft Extreme
Ozone Attainment Demonstration Plan is currently under review.
The principal components of an OADP consist of a baseline emissions inventory, data
describing measured ozone levels in the atmosphere for the area in question, descriptions of
emissions controls that will reduce future emissions, a future emissions inventory that reflects
decreases due to implementation of emissions controls as well as increases due to increased
population, and a description of the results from a photochemical model relating emissions to
ambient ozone levels and demonstrating attainment of the appropriate standard at a future date.
In addition, this plan fulfills requirements of the California Clean Air Act regarding the
development of a triennial update and California Air Quality Attainment Plan revision that
examines air pollutant exposure data, control measure implementation, and other air quality
information with emphasis on meeting California ambient air quality standards.
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 tum, implemented through the
extensive collection of District rules, regulations, and permitting requirements established by the
SJVAPCD.
The Air District has suggested that the URBEMIS 2002 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), SOX (Sulfur Oxides), and PM10 (Particulates) which are summarized below.
URBEMIS 2002 AIR QUALITY IMPACTS
All data in tons/year ROG NOx CO SOX PM10
Area Source Emissions 2.22 0.55 0.50 0.01 0
Operational Emissions 6.00 8.22 74.86 0.06 5.53
Totals 8.22 8.78 75.36 0.06 5.53
Level of Significance 10 10 100 27.375 14.6
The URBEMIS 2002 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.
The proposed rezone and conditional use permit applications and tract map would facilitate the
development of 231 single family units. The subject property is located in a portion of the city
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which currently lacks many services, such as commercial centers, thus longer than usual
vehicle trips are expected. However, it is worth noting that the applicant would be required to
provide a multipurpose trail, a vista point overlooking the San Joaquin River, and landscaping
on the periphery of the project site which would contain trees that would assist in the absorption
of air pollutants, reduce ozone levels, and curtail storm water runoff and would provide for active
modes of transportation by providing access to the city's trail system.
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.
In summary, the project, as mitigated will not in of itself significantly impact local air quality. This
project's mitigation measures, together with the implementation of the "Reasonably Available
Control Measures" (RACM), as listed in table VC-3 of MEIR No. 10130, or all other applicable
projects is expected to help the city improve its overall air quality. A larger regional
implementation of these measures is needed to significantly help the air basin reach its air
quality goals.
Mitigation Measures:
1. The proposed project shall implement and incorporate, as appropriate, the air quality
related mitigation` measures as noted in the attached Project Specific Monitoring
Checklist dated August 10, 2005.
2. The proposed project shall implement and incorporate, as appropriate, the air quality
related mitigation measures as identified in the attached Master Environmental Impact
Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated
August 10, 2005.
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 per capita), have
resulted in a decline in the total usable potable water supply.
The Fresno Metropolitan Water Resource Management Plan has been adopted and the
accompanying Final EIR (SCH #95022029) certified. The purpose of the management plan is
to provide safe, adequate, and dependable water supplies to meet the future needs of the
metropolitan area in an economical manner; protect groundwater quality from further
degradation and overdraft; and, provide a plan of reasonably implementable measures and
facilities. In addition, the proposed project must contribute to the completion of the Fresno
Metropolitan Flood Control District's master planned storm drainage facilities.
The mitigation measures of EIR No. 10130 are incorporated herein by reference and are
required to be implemented by the attached mitigation monitoring checklist. In summary, these
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mitigation measures require participation in the development of groundwater recharge in an
amount equal to the project's estimated water consumption. Alternative measures to satisfy this
requirement include paying fees established by the city for construction of recharge facilities, the
construction of recharge facilities directly by the project, or participation in
augmentation/enhancement/enlargement of the recharge capability of Fresno Metropolitan
Flood Control District storm water ponding basins. While the proposed project may be served
by conventional groundwater pumping and distribution systems, full development of the 2025
Fresno General Plan boundaries may necessitate utilization of treated surface water due to
inadequate groundwater aquifer recharge capabilities.
Furthermore, adverse groundwater conditions of limited supply and compromised quality have
been well-documented by planning, environmental impact report, and technical studies over the
past 20 years including the MEIR No. 10130 for the 2025 Fresno General Plan, Final EIR
No.10100, Final EIR No.10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water
Resource Management Plan) et al. These conditions include water quality degradation due to
DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer
storage capacity and recharge capacity; and, intensive urban or semi-urban development
occurring upgradient from the Fresno Metropolitan Area. The proposed project places
additional demand upon peak water use capacity. As a result, the proposed project must
contribute to short-term and long-range water supply and distribution remediation projects in
order to adequately address this deficiency.
In accordance with the provisions of the 2025 Fresno General Plan and Master EIR No. 10130
mitigation measures, project specific water supply and distribution requirements must assure
that an adequate source of water is available to serve the project with the implementation of the
mitigation measures noted below and are required to be implemented by the attached mitigation
monitoring checklist. In summary, these mitigation measures require participation in the
development of a water supply and distribution system equal to the project's estimated water
consumption.
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 10, 2005.
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 10,
2005.
4.0 — PLANT LIFE; 4.1 — Reduction of the numbers of any unique, rare or endangered
species and 5.0 — ANIMAL LIFE; 5.1 — Reduction in the numbers of any rare, unique or
endangered species. -- '
The most northerly portion of the subject property abuts the San Joaquin River Bluff. This
segment of the river contains a riparian plant community which appears to be concentrated in a
corridor along the river bluff near the northern boundary of the project site. The riparian
community provides nesting and roosting sites for raptors, herons, and egrets and other bird
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species (both resident and migratory). As a result, it adds to the important habitat diversity to
this area of the river and may be of great value to wildlife.
After an initial inspection by city staff, it became evident that the site contains elderberry shrubs
(sambucus mexicanus) and cottonwood and willow trees. Elderberry shrubs are the host plant
for the valley elderberry longhorn beetle (Desmocerus californicus dimorphus), which was listed
as an endangered species by the United States Department of the Interior in September of
1980. As a result, staff required a biological assessment to determine the location(s) of the host
plant. In a report completed by Live Oak Associates, Inc. dated April 21, 2005 and June 2,
2005, they identify numerous elderberry shrubs along the face of the bluff. In addition, the study
lists several mitigation measures to avoid disturbing the host plant. However, given that the
valley elderberry longhorn beetle is identified as an endangered species, staff will require that
the United States Fish & Wildlife Service and the State of California, Department of Fish &
Game, review and approve the study prior to the recording of the final map. In addition, the
vista point and the multi purpose trail may not be permitted to disturb the host plant, unless
approved by the responsible agency (i.e. United States Fish &Wildlife Service).
Mitigation Measures:
1. The proposed project shall implement and incorporate, as appropriate, the mitigation
measures as identified in the reports completed by Live Oak Associates, Inc. dated April
21, 2005 and June 2, 2005.
2. Prior to final map approval, the developer shall provide staff with written approval by the
United States Fish & Wildlife Service and the State of California, Department of Fish &
Game that they have reviewed and approved the report by Live Oak Associates,
including any addendum(s) to the report(s).
4.2—Reduction in Acreage of Agricultural Crop
The subject site has been historically utilized for agricultural purposes. The proposed
urbanization of the project area will result in the elimination of agricultural opportunities in the
future. Previous studies have examined the effects of the loss of agricultural lands and
concluded that agricultural lands within the immediate urban area allow for the implementation
of more effective water resource and air quality mitigation measures, conversion of this land to
urban uses is considered to be irreversible.
6.0— HUMAN HEALTH
The proposed subdivision is bisected by two PG&E high voltage transmission power lines and a
transmission tower which traverse the project site in a northwest and southeast direction and a
second set of power lines along the northeastern most corner of the subject site. Recently,
some private and public agencies have expressed concern regarding possible adverse health
effects, which may result from the electromagnetic fields generated by the flow of electricity
through the high voltage transmission lines.
The Environmental Protection Agency (EPA) released a study document summarizing the
evidence about electromagnetic fields and its effects on human health. The study found that, as
related to the electromagnetic fields, there is only a limited understanding of how it might lead to
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carcinogenesis and that there was not enough knowledge to warrant a dose response
assessment. The EPA decided that the evidence suggests a hazard but declined to apply a
classification scheme to this kind of agent as is currently done for known hazardous chemicals.
The California Department of Health Services has concurred with this judgment.
Because of the lack of clear evidence, the Department of Health Services and the Public Utilities
Commission have not proposed any regulation at this time. The Department of Health Services,
however, does advise that city planners, school boards, and real estate developers and those
who control the building codes may find themselves forced to deal with the issues of proximity to
electric transmission line rights-of-way or easements.
Due to the lack of regulation from the State and the Federal Governments, the California
Department of Education has adopted a policy that recommends minimum distances between
new schools and the edge of rights-of-way of transmission lines. The setback guidelines are
100 feet for 100-110 kV lines, 150 feet for 220-230 kV lines, and 250 feet for 345 kV lines. It is
noted that these guidelines are not based on specific scientific evidence.
Ci staff acknowledges there is public concern about the possible health hazards related to the
City 9
delivery of electric power and much of the concern is based on suggestive data that, at this
time, is both incomplete and inclusive. However, until we have the necessary information, a
"prudent avoidance" strategy that limits exposure when it can be done at a reasonable cost and
with reasonable effort would seem appropriate. The Planning and Development Department
has advised the developer of the department's concern and has recommended that the
developer design their project to avoid or limit the exposure to the power lines until specific
scientific evidence is available to determine if there is a hazard.
7.0—NOISE
The City of Fresno Noise Element of the General Plan identifies the maximum appropriate noise
level exposure for outdoor activity areas to be 60 dB DNL, and for interior living areas a noise
level exposure of not more than 45 dB DNL. The subject site does not appear to be located in
area that will experience high levels of noise.
9.0—LAND USE
Rezone Application No. R-04-93 proposes to reclassify the subject property from the AE-
5/BP/UGM (Exclusive Five Acre Agricultural/Bluff Preservation Overlay DistricbUrban Growth
Management) and the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth
Management) zone districts to the R-1/BP/UGM (Single Family ResidentiaUBluff Preservation
Overlay/Urban Growth Management) zone district. The subject property is planned for medium
density residential land uses and is vacant. Vesting Tentative Tract Map No. 5358 proposes to
subdivide the property into a 231 lot, single family subdivision. Conditional Use Permit
Application C-04-246 proposes a planned development, which includes gates to restrict
vehicular access, private streets, reduced lot sizes and setbacks, and common open space for
144 of the proposed 231 lots. The subject site is designated for medium density residential
planned land uses by the 2025 Fresno General Plan and the Bullard Community Plan. Although
the project will result in the cessation of future agricultural activities on the site, the site is
located within the metropolitan area and has been designated for residential development.
i
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10.0—TRANSPORTATION AND CIRCULATION
10.1 — Generation of Vehicular Traffic Sufficient to Cause Capacity Deficiencies
The development of the project site with the proposed 231 single-family residences, and the
surrounding planned land uses designated by the 2025 Fresno General Plan and Bullard
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. Both plans designate North Josephine and North Thiele Avenues and North Riverside
Country Club Drive as local streets, and designate North Bryan Avenue as a collector street
south of North Josephine Avenue. Collector streets are typically developed with two travel
lanes in each direction but without a median island. However, all 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 MSIR 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 Council of Fresno County Council of Governments (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).
As required by the mitigation measures established by the certification of MEIR No. 10130, a
Traffic Impact Study (TIS) was prepared by Peters Engineering Group (dated August 19, 2004)
to evaluate the number of vehicle trips projected to be generated by the proposed project.
Utilizing the Institute of Traffic Engineers (ITE) Trip Generation Manual, Seventh Edition, and
associated computer software together with the COG's computerized traffic model, this analysis
predicts the number of vehicle trips that will be generated from the proposed project and
surrounding planned land uses, and the direction in which these trips will travel.
The TIS analyzed the intersections at Herndon and Parkway Avenues, Herndon Avenue and
Golden State Boulevard, Herndon and Van Buren Avenues, Herndon and Bryan Avenues,
Herndon and Hayes Avenues, Herndon and Polk Avenues, Spruce and Hayes Avenues, and
Spruce and Bryan Avenues. The study analyzed 231 single family residential units. At 231
single family residential dwelling units, the project is expected to generate an average of
approximately 1,124 vehicle trips per day (VTD). Of these vehicle trips, it is projected that 174
will occur during the morning (7 to 9 a.m.) peak hour travel period and 234 will occur during the
evening (4 to 6 p.m.) peak hour travel period. Because much of the immediately surrounding
area (i.e. northwesternmost portion of the Bullard Community Plan 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 UGM Program. Required improvements include
constructing North Bryan Avenue between North Josephine and West Herndon Avenues with
two, 17 foot center section lanes, and reconstructing the signal intersection at North Bryan and
West Herndon Avenues. In addition, the developer of this project, in accordance with the
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mitigation measures of Master Environmental Impact Report (No. 10130) which was certified by
the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact
fees specific to the traffic signalization of the major street intersections.
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 a portion of the subject sites 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. Each development must also construct a
portion of the planned major street system, including off-site extensions as required by Urban
Growth Management Policies.
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. The proposed project shall implement and incorporate, as applicable, the traffic related
mitigation measures as noted in the attached Project Specific Monitoring Checklist
dated August 10, 2005.
2. 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 10,
2005.
10.3 Specific traffic hazard to motorists, bicyclists pedestrians
The subject site is located in an area that is not largely urbanized. As a result, some of the
sidewalks that would typically be in place are not. Consequently, the Central Unified School
District has advised that the applicant should install sidewalks on both sides of the interior
streets, which is a city requirement. In addition, the school district has requested that the
applicant provide a permanent school bus pull-out along one of the perimeter streets adjacent to
the subdivision.
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.
Fire service will be provided by City of Fresno Fire Station No. 14, located at the northwest
corner of North Polk and West Swift Avenues, within three miles of the subject property.
Initial Study
Environmental Assessment No. R-04-93/T-5358/C-04-246
August 10, 2005
Page 13
Mitigation Measures:
1. The proposed project shall implement and incorporate, as applicable, the fire related
mitigation measures as noted in the attached Project Specific Monitoring Checklist
dated August 10, 2005.
2. The proposed project shall implement and incorporate, as applicable, the Fire related
mitigation measures as identified in the attached Master Environmental Impact Report
No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated August 10,
2005.
11.6 —Availability of Sewer Lines of Adequate Capacity
The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis
Regional Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity of
the facility was expanded to accommodate up to 80 million gallons per day, and was upgraded
with modernized equipment to safeguard against equipment failures. However, in an attempt to
serve the anticipated 790,000 metropolitan area population for the year 2025, one or more sub-
regional treatment and reclamation facilities will be required. Thus, sanitary sewer service is
available to serve the project, subject to the mitigation measures imposed with the
environmental assessment.
Mitigation Measures
1. The proposed project shall implement and incorporate, as applicable, the sewer related
mitigation measures as noted in the attached Project Specific Monitoring Checklist dated
August 10, 2005.
2. The proposed project shall implement and incorporate, as applicable, the sewer related
mitigation measures as identified in the attached Master Environmental Impact Report
No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated August 10,
2005.
11.7—Availability of Storm Water Drainage Facilities On or Off Site
In order to avoid or reduce the discharge of pollutants into the storm water sewer system, the
U.S. Environmental Protection Agency requires that a Notice of Intent for a general National
Pollutant Discharge Elimination System (NPDES) permit be filed for a variety of industrial uses
and for any construction site of one or more acres of land. The property owner of this
development site has been informed of this requirement. It is any business owner's
responsibility to ensure that the Notice of Intent is filed in accordance with the regulations
published in Volume 55, No. 222, of the Federal Register.
Mitigation Measures:
1. The proposed project shall implement and incorporate, as applicable, the storm water
related mitigation measures as identified in the attached Master Environmental Impact
Initial Study
Environmental Assessment No. R-04-93tT-5358/C-04-246
August 10, 2005
Page 14
Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated
August 10, 2005.
13.0 — AESTHETICS: 13.1 — Obstruction to public or scenic vista or view; 13.3 — Removal
of street trees or other valuable vegetation.
The importance of the San Joaquin River as a riparian corridor and open space has been well
documented in the 2025 Fresno General Plan and the Bullard Community Plan. Currently,
visitors have a clear view of the San Joaquin River and the agricultural fields in Madera County
to the north. Because of the ambience of the river and the recreational opportunities it provides,
the developer will be required to provide a vista point and a multipurpose trail along the bluff.
The vista point is intended to provide limited bluff access to non-area and area residents, alike,
and panoramic views of the river. The point is intended to allow for passive recreational
opportunities or for trail enthusiast to relax. The vista point must be a minimum of 6,000 square
feet in area, must provide a width of 60 feet along the bluff, shall provide at least five off-street
parking spaces, shall be landscaped (including fencing), and shall provide street furniture and
proper lighting.
Similar to the vista point, the multipurpose trail intended to provide access to the river and
scenic vista points and for recreational purposes for pedestrian, equestrian, and nonmotorized
wheeled activities. In order to further protect and enhance the river, and to allow for recreational
opportunities to and along the river, the developer must provide access to the river.
Furthermore, because the parcel is proximate to the San Joaquin River, the project was sent to
the California State Lands Commission, the San Joaquin River Conservancy (State of
California), and the San Joaquin River Parkway and Conservation Trust, Inc. In accordance
with the Government Code Section §§ 66400, et seq., staff will require that the applicant provide
access to the river. The trail will connect to the completed trail to the east and shall be
constructed in accordance with city policies and standards and shall be compatible, in terms of
access, with the vista point noted above.
14.0 — HISTORICAUARCHAEOLOGICAL; 14.1 — Removal of historic building, disruption
of archaeological site.
Given the proximity of the subject site to a waterway (i.e. San Joaquin River), which were
commonly used by indigenous groups to establish villages and because it is located in the
territory of the Northern Valley Yokuts, who are believed to have lived near the Herndon
townsite, staff commissioned a cultural resource study. The study was intended to gather data
and any potential evidence (i.e. artifacts, stones, tools, etc.). Research methods included a
cultural resources records search conducted by the California Historical Resources Information
System, at the California State University, Bakersfield and a ground surface survey conducted
by Varner Associates (dated April 2005). The study did not result in the discovery of any
historical or archaeological .evidence. However, 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.
Initial Study
Environmental Assessment No. R-04-93/T-5358/C-04-246
August 10, 2005
Page 15
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.
3. If animal fossils are uncovered, the Museum of Paleontologyat U.C. Berkeley shall be
Y
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.
Mitigation Measures:
1. The proposed project shall implement and incorporate, as applicable, the historical/
archaeological mitigation measures as identified in the attached Master Environmental
Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist
dated August 10, 2005.
2. The proposed project shall implement and incorporate, as applicable, the historical/
archaeological mitigation measures as identified in the attached cultural resource study
conducted by Varner Associates (dated April 2005).
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 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 proiect approval which are referenced by
this environmental assessment and as identified by the Master Environmental Impact
Report No. 10130 prepared for the 2025 Fresno General Plan and are conditions upon
which a mitigated negative declaration can be recommended. A MITIGATED NEGATIVE
DECLARATION WILL BE PREPARED.
Initial Study
Environmental Assessment No. R-04-93fr-5358/C-04-246
August 10, 2005
Page 16
CITY OF FRESNO
MITIGATED NEGATIVE DECLARATION
MONITORING CHECKLIST
ENVIRONMENTAL ASSESSMENT NO. R-04-93, T-5358, C-04-246
MITIGATION MEASURE IMPLEMENTED BY WHEN IMPLEMENTED VERIFIED BY
1.1 The applicant shall submit to Planning and Prior to final map Planning and
the city a topographic, soil and Development Dept., approval. Development Dept.,
geological report in accordance Building Section Building Section
with Section 12-1022 of the
FMC. Mitigation measures are
identified in the attached Master
Environmental Impact Report
No. 10130-2025 Fresno
General Plan Mitigation
Monitoring Checklist dated
August 10, 2005.
2.1 Approval of the proposed Planning and Prior to occupancy of Planning and
project shall be conditioned Development Dept., any building within the Development Dept.,
upon compliance with the San Building Section project. Building Section and
Joaquin Valley Air Pollution and Public Works Public Works Dept.,
Control District (SJVAPCD) Dept., Construction Construction
Regulation VIII, Rule 8020, as Management Div. Management Div.
related to fine particulate matter
and dust.
3.1 Developer shall provide Dept. of Public Prior to occupancy of Dept. of Public
adequate water service and Utilities any building within the Utilities, Public
groundwater recharge for the project. Works Dept.,
project per Department of Planning and
Public Utilities requirements. Development Dept.
4.1 Approval of the proposed Planning and Prior to final map Planning and
5.1 project shall be conditioned Development Dept. approval. Development Dept.,
upon compliance with the
mitigation measures as
identified in the reports
completed by Live Oak
Associates, Inc. dated April 21,
2005 and June 2, 2005; and,
written approval by the United
States Fish & Wildlife Service
and the State of California,
Department of Fish &, Game
that they have reviewed and
approved the report by Live Oak
Associates, including any
addendum(s)to the report(s).
Initial Study
Environmental Assessment No. R-04-93/T-5358/C-04-246
August 10, 2005
Page 17
10.1 Project development is subject Public Works Dept. Prior to final map Public Works Dept.
to street improvements and Planning and approval. and Planning
standards. Development Dept. Development Dept.
11.1 Pay appropriate UGM Fire Planning and At time of building permit Planning and
11.4 Station Capital Fee and School Development Dept. issuance. Development Dept.
Development Fee and comply
with on-site use restrictions.
11.6 Developer shall provide Dept. of Public Prior to occupancy of Dept. of Public
adequate sewer service for the Utilities any building within the Utilities, Public
project per Public Utilities Dept. project. Works Dept., and
requirements/findings. Planning and
Development Dept.
EIR Mitigation Measures and Planning and Prior to occupancy of Planning and
No. findings of Final EIR No. 10130 Development Dept. any building within the Development Dept.
10130 (Bullard Community Plan) are as authorized by project.
incorporated as noted in Section 15150 of
attached checklist. CEQA.
KYr�PY•TnY YyMTre a...MCMC gYlpy(11#O�C-04•]MpWW9q T-S1Y,C-0r1WSOi
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12350
The Fresno City Planning Commission, at its regular meeting on November 16,2005, adopted the
following resolution relating to Rezone Application No. R-04-93.
WHEREAS, Rezone Application No. R-04-93 has been filed with the City of Fresno to rezone the
property as described below:
REQUESTED ZONING: R-1/BP/UGM (Single Family ResidentiaUBluff Preservation
Overlay/Urban Growth Management)
EXISTING ZONING: AE-5/BP/UGM (Exclusive Five Acre Agricultural/Bluff Preservation
Overlay District/Urban Growth Managemeno and AE-20/UGM
(Exclusive Twenty Acre AgriculturaUUrban Growth Management)
APPLICANT: Riverfront Ventures, LLC
LOCATION: Northwest corner of North Josephine Avenue and North Riverside
Country Club Drive, south of the San Joaquin River bluff
APN: 504-050-03, 504-050-18 & 504-130-13
LEGAL DESCRIPTION: From AE-5/BP/UGM & AE-20/UGM to R-1/BP/UGM:
As described in attached Exhibit A.
WHEREAS, the above-named applicant is requesting a zoning change on the above property in
order to facilitate the development of a 230-lot,single family residential subdivision on approximately
48.29 net acres; and,
WHEREAS,on November 8,2004,the Bullard Community Plan Advisory Committee recommended
approval of the rezone application and related tract map and conditional use permit application;and,
WHEREAS, the Fresno City Planning Commission on November 16, 2005, reviewed the subject
rezone application in accordance with the policies of the Bullard Community Plan and the 2025
Fresno General Plan; and,
WHEREAS, during the November 16, 2005, hearing, the Commission received a staff report and
related information, environmental documents and considered testimony regarding the requested
zoning change; and,
WHEREAS, at that same hearing the Commission reviewed related Vesting Tentative Tract Map
No. 5358/UGM to subdivide the property into a 230-lot, single family residential subdivision and
Conditional Use Permit Application No.C-04-246 which proposes a planned development for 144 of
the proposed 230 lots,which includes gates to restrict vehicular access, private streets, reduced lot
sizes and setbacks, and common open space for the subdivision; and,
WHEREAS, no neighbors spoke in opposition to the project.
NOW,THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds there is no
substantial evidence in the record that the proposed rezone application may have a significant effect
Planning Commission Resolution No. 12350
Rezone Application No. R-04-93
November 16, 2005
Page 2
on the environment and hereby approves the finding of a Mitigated Negative Declaration prepared
for Environmental Assessment No. R-04-93/T-5358/C-04-246.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the
City Council that the requested R-1/BP/UGM (Single Family Residential/Bluff Preservation
Overlay/lJrban Growth Management)zone district be approved.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Cherry, seconded by Commissioner Vasquez.
VOTING: Ayes - Cherry, Kissler, Vang, Vasquez, Brand
Noes - None
Not Voting - None
Absent - DiBuduo
DATED: November 16, 2005 NICK P. YO O, Secretary
Fresno City Planning Commission
Resolution No. 12350
Rezone Application No. R-04-93
Filed by Riverfront Ventures, LLC
Action: Recommend Approval
KWIMer FYae-Tract AlepeVWW to 5998 mapa\Trad 5358 Amoldo Rodriguez(R-04.93&C4W248)W-04-93-PC Ramo 12350.doo
Exhibit A
Page 1 of 3
Resolution No. 12350
LEGAL DESCRIPTION FOR REZONE
AE-20 TO R-1
That portion of the Government Lot 9 in Section 32, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the United States Government Township Plat, described as
follows:
BEGINNING at the Northeast corner of said Lot 9; thence South 01°51'38" East, along
the East line of said Lot 9, a distance of 110.74 feet to a point on the North line of North
Josephine Avenue right of way; thence South 79'37'18" West, along the North line of the
North Josephine Avenue right of way, a distance of 1333.85 feet to a point on the West
line of said Lot 9; thence North 01'11'26" West, along the West line of said Lot 9, a
distance of 355.98 feet to the Northwest corner of said Lot 9; thence South 89°47'07"
East, along the North line of said Lot 9, a distance of 1315.84 feet to TRUE POINT OF
BEGINNING.
Containing 7.052 acres, more or less.
ND
Y J.
P. 1-0
i�
CAl-�F
I
Exhibit A
Page 2 of 3
Resolution No. 12350
LEGAL DESCRIPTION FOR REZONE
AE-5 TO R-1/13P
That portion of the Government Lot 8 in Section 32, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the United States Government Township Plat, described as
follows:
BEGINNING at the Northwest corner of said Lot 8; thence North 88049'54 East, along
the North line of said Lot 8, a distance of 504.34 feet; thence North 76°44'26" East,
continuing along the North line of said Lot 8, a distance of 821.35 feet to the Northeast
corner of said Lot 8; thence South 00'12'09" West, along the East line of said Lot 8, a
distance of 160.19 feet; thence South 64'15'13" West, a distance of 98.14 feet to the
beginning of a 300.00 foot radius tangent curve, concave Northwesterly; thence
Southwesterly, along said curve, through a central angle of 12°16'07", an arc distance of
64.24 feet; thence tangent to said curve, South 76°31'20" West, a distance of 19.42 feet;
thence South 70°37'04" West, a distance of 127.26 feet to the beginning of a 300.00 foot
radius tangent curve, concave Northwesterly; thence Southwesterly, along said curve,
through a central angle of 04°59'25", an arc distance of 26.13 feet; thence tangent to said
curve, South 75°36'29" West, a distance of.64.63 feet to the beginning of a 300.00 foot
radius tangent curve, concave Northerly; thence Westerly, along said curve, through a
central angle of 08°00'33", an arc distance of 41.94 feet; thence tangent to said curve,
South 83037'02" West, a distance of 72.51 feet; thence South 77°31'42" West, a distance
of 51.37 feet; thence South 70°11'55" West, a distance of 46.09 feet; thence South
83°59'56" West, a distance of 70.30 feet; thence South 81°20'05" West, a distance of
96.01 feet to the beginning of a 300.00 foot radius non-tangent curve, concave
Northwesterly, a radial to said beginning bears South 30°02'57" East; thence
Southwesterly, along said curve, through a central angle of 26°12'21", an arc distance of
137.21 feet; thence tangent to said curve, South 86°09'04" West, a distance of 88.52 feet;
thence North 89°34'24" West, a distance of 206.65 feet to the beginning of a 300.00 foot
radius non-tangent curve, concave Northerly, a radial to said beginning bears South
18°11'44" East; thence Westerly, along said curve, through a central angle of 21°43'08",
an arc distance of 113.72 feet; thence tangent to said curve, North 86°28'36" West, a
distance of 14.47 feet to a point on the West line of said Lot 8; thence North 01°11'26"
West, along the West line of said Lot 8, a distance of 217.86 feet to the POINT OF
BEGINNING. S�0 SAND S
Containing 5.962 acres, more or less.
R J. DIXON
L 527
P. -31
P
F CA
exnibit A —
Page 3 of 3
Resolution No. 12350
LEGAL DESCRIPTION FOR REZONE
AE-5 TO R-1
That portion of the Government Lot 8 in Section 32, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the United States Government Township Plat, described as
follows:
BEGINNING at the Southeast comer of said Lot 8; thence North 01°51'38" West, along
the East line of said Lot 8, a distance of 1319.99 to the East quarter comer of said Section
32; thence North 01'12'09" East, continuing along the East line of said Lot 8, a distance
of 149.42 feet; thence South 64'15'13" West, a distance of 98.14 feet to the beginning of
a 300.00 foot radius tangent curve, concave Northwesterly; thence Southwesterly, along
said curve, through a central angle of 12°16'07", an arc distance of 64.24 feet; thence
tangent to said curve, South 76°31'20" West, a distance of 19.42 feet; thence South
70°37'04" West, a distance of 127.26 feet to the beginning of a 300.00 foot radius
tangent curve, concave Northwesterly; thence Southwesterly, along said curve, through a
central angle of 04°59'25", an arc distance of 26.13 feet; thence tangent to said curve,
South 75°36'29" West, a distance of 64.63 feet to the beginning of a 300.00 foot radius
tangent curve, concave Northerly; thence Westerly, along said curve, through a central
angle of 08°00'33", an arc distance of 41.94 feet; thence tangent to said curve, South
83°37'02" West, a distance of 72.51 feet; thence South 77°31'42" West, a distance of
51.37 feet; thence South 70'11'55" West, a distance of 46.09 feet; thence South
83°59'56" West, a distance of 70.30 feet; thence South 81°20'05" West, a distance of
96.01 feet to the beginning of a 300.00 foot radius non-tangent curve, concave
Northwesterly, a radial to said beginning bears South 30°02'57" East; thence
Southwesterly, along said curve, through a central angle of 26°12'21", an arc distance of
137.21 feet; thence tangent to said curve, South 86°09'04" West, a distance of 88.52 feet;
thence North 89°34'24"'-West, a distance of 206.65 feet to the beginning of a 300.00 foot
radius non-tangent curve, concave Northerly, a radial to said beginning bears South
18'11'44" East; thence Westerly, along said curve, through a central angle of 21'43'08",
an arc distance of 113.72 feet; thence tangent 'to said curve, North 86°28'36" West, a
distance of 14.47 feet to a point on the West line of said Lot 8; thence South 01°11'26"
East, along the West line of said Lot 8, a distance of 1207.76 feet to the Southwest corner
of said Lot 8; thence South 89°47'07 East, along the South line of said Lot 8, a distance
of 1315.84 feet to TRUE POINT OF BEGINNING.
I.AN� SU
Containing 38.870 acres, more or less.
RY J. D
S5
31-0
� 0F CAL�F�
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12351
The Fresno City Planning Commission at its regular meeting on November 16, 2005, adopted the
following resolution pursuant to the Subdivision Map Act of the Government Code of the State of
California and the Municipal Code of the City of Fresno.
WHEREAS, Vesting Tentative Tract Map No. 5358/UGM was filed with the City of Fresno and
proposes to subdivide the subject property into a 230-lot single family residential subdivision on
approximately 51.48 gross acres (48.29 net acres) of property located on the northwest corner of
North Josephine Avenue and North Riverside Country Club Drive, south of the San Joaquin River
bluff; and,
WHEREAS,on November 8,2004,the Bullard Community Plan Advisory Committee recommended
approval of the vesting tentative tract map and related rezone and conditional use permit
applications; 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 November
16, 2005; and,
WHEREAS, at that same hearing the Commission reviewed related Rezone Application No. R-04-
93 proposing to reclassify the subject site from the AE-5/BP/UGM (Exclusive Five Acre
Agricultural/Bluff Preservation Overlay District/Urban Growth Management) and the AE-20/UGM
(Exclusive Twenty Acre Agricultural/Urban Growth Management)zone districts to the R-1/BP/UGM
(Single Family Residential/Bluff Preservation Overlay/Urban Growth Management)zone district and
Conditional Use Permit Application C-04-246 proposing a planned development, which includes
gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common
open space for 144 of the proposed 230 lots; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on November 16,
2005, to review the proposed subdivision and considered the staff report and invited testimony with
respect to the proposed subdivision; and,
WHEREAS, no neighbors spoke in opposition to the project.
NOW,THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds there is no
substantial evidence in the record that the proposed vesting tentative tract map may have a
significant effect on the environment and hereby approves the finding of a Mitigated Negative
Declaration prepared for Environmental Assessment No. R-04-93/T-5358/C-04-246.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the
vesting tentative tract map subject is consistent with the adopted 2025 Fresno General Plan and the
Bullard Community Plan and the findings required pursuant to Section 66410 et. seq. of the
Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting
Tentative Tract Map No. 5358/UGM subject to the Planning and Development Department
Conditions of Approval dated November 16, 2005.
Planning Commission Resolution No. 12351
Vesting Tentative Tract Map No. 5538
November 16, 2005
Page 2
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Cherry, seconded by Commissioner Vasquez.
VOTING: Ayes - Cherry, Kissler, Vang, Vasquez, Brand
Noes - None
Not Voting - None
Absent - DiBuduo
DATED: November 16, 2005 NICK P. YOVINO, Secretary
Fresno City Planning Commission
Resolution No. 12351
Vesting Tentative Tract Map No. 5358/UGM
Filed by Riverfront Ventures, LLC
Action: Recommend Approval
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12352
The Fresno City Planning Commission,at its regular meeting on November 16,2005,adopted the
following resolution relating to Conditional Use Permit Application No. C-04-246.
WHEREAS, Conditional Use Permit Application No.C-04-246 has been filed with the City of Fresno
by Riverfront Ventures, LLC for approximately 51.48 gross acres (48.29 net acres) of property
located on the northwest corner of North Josephine Avenue and North Riverside Country Club
Drive, south of the San Joaquin River bluff; and,
WHEREAS, Conditional Use Permit Application No. C-04-246 seeks authorization for the
development of a planned development which includes gates to restrict vehicular access, private
streets, reduced lot sizes and setbacks, and common open space for 144 of the proposed 230 lots
per Vesting Tentative Tract Map No. 5358; and,
WHEREAS,on November 8, 2004,the Bullard Community Plan Advisory Committee recommended
approval of the conditional use permit application and related rezone application and tract map;and,
WHEREAS, on November 16, 2005, the Fresno City Planning Commission, reviewed the subject
conditional use permit application in accordance with the policies of the Bullard Area Community
Plan and the 2025 Fresno General Plan; and,
WHEREAS, the Commission conducted a public hearing to review the proposed conditional use
permit, received testimony from the applicant and considered the Planning and Development
Department's report recommending approval of the proposed conditional use permit subject to
special permit conditions; and,
WHEREAS, at that same hearing the Commission reviewed related Rezone Application No. R-04-
93 proposing to reclassify the subject site from the AE-5/BP/UGM (Exclusive Five Acre
Agricultural/Bluff Preservation Overlay District/Urban Growth Management) and the AE-20/UGM
(Exclusive Twenty Acre Agricultural/Urban Growth Management)zone districts to the R-1/BP/UGM
(Single Family Residential/Bluff Preservation Overlay/Urban Growth Management)zone district and
Vesting Tentative Tract Map No. 5358 which proposes to subdivide the property into a 230 lot,
single family subdivision; and,
WHEREAS,the Fresno City Planning Commission considered the proposed conditional use permit
relative to the staff report and environmental assessment issued for the project; and,
WHEREAS, the Fresno City Planning Commission invited testimony with respect to the proposed
conditional use permit; and,
WHEREAS, no neighbors spoke in opposition to the project.
NOW,THEREFORE, BE IT RESOLVED thatthe Fresno City Planning Commission finds there is no
substantial evidence in the record that the proposed conditional use permit application may have a
significant effect on the environment and hereby approves the finding of a Mitigated Negative
Declaration prepared for Environmental Assessment No. R-04-93/T-5358/C-04-246.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves
Conditional Use Permit Application No. C-04-246 authorizing the development of a planned
PLANNING COMMISSION RESOLUTION No. 12352
Conditional Use Permit Application No. C-04-246
November 16, 2005
Page 2
development,which includes gates to restrict vehicular access, private streets,reduced lot sizes and
setbacks, and common open space for the subdivision.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Chert', seconded by Commissioner Vasquez.
VOTING: Ayes - Cherry, Kissler, Vang, Vasquez, Brand
Noes - None
Not Voting - None
Absent - DiBuduo
DATED: November 16, 2005 NICK P. YOVINO, Secretary
Fresno City Planning Commission
Resolution No. 12352
Conditional Use Permit Application No.
C-04-246
Filed by Riverfront Ventures, LLC
Action: Recommend Approval
K:%kftdw Flee-Tract Maps13300 to 5399 maps%Tract 5368 Amddo Rodriguez(R-04.93 8 C-04-246)%C#248 Regio.12352.doc
Recording Requested by.
City Clerk, Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk, Fresno
Space above this line reserved for Fresno County Recorder's Office
ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO
PROPOSED AND INITIATED BY
MOVED BY SECONDED BY
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING
THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE
ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE
FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE
CITY OF FRESNO
WHEREAS, Rezone Application No. R-04-93 has been filed with the City of Fresno by Riverfront
Ventures, LLC, property owner, to rezone property as described hereinbelow; and,
WHEREAS, the Bullard Implementation/Advisory Committee considered this application at its
meeting of November 8, 2004, and recommended approval; and,
WHEREAS, pursuant to the provisions of Article 4,Chapter 12,of the Fresno Municipal Code,the
Planning Commission of the City of Fresno held a public hearing on the 16th day of November, 2005, to
consider Rezone Application No.R-04-93 and related Environmental Assessment No. R-04-93/T-5358/C-
04-246, during which the Commission considered the environmental assessment and recommended to
the Council of the City of Fresno approval of the rezone application which proposes to amend the City's
Zoning Ordinance on real property described hereinbelow from the AE-5/BP/UGM (Exclusive Five Acre
Agricultural/Bluff Preservation Overlay District/Urban Growth Management) and the AE-20/UGM
(Exclusive Twenty Acre Agricultural/Urban Growth Management)zone districts to the R-1/BP/UGM(Single
Family Residential/Bluff Preservation Overlay/Urban Growth Management)zone district; and,
Ordinance Amending Official mune Map
Rezone Application No. R-04-93
Page 2
WHEREAS, the Council of the City of Fresno, on the 13`h day of December, 2005, received
the recommendation of the Planning Commission.
NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the testimony and information presented at the hearing and upon review
and consideration of the environmental documentation provided, the adoption of the proposed rezoning
is in the best interest of the City of Fresno. The Council finds in accordance with its own independent
judgment that there is no substantial evidence in the record that the rezoning may have a significant
effect on the environment as identified by the Mitigated Negative Declaration dated August 10, 2005,
prepared for Environmental Assessment No. R-04-93fT-5358/C-04-246 is hereby approved.
SECTION 2. The Council finds the requested R-1/BP/UGM (Single Family Residential/Bluff
Preservation Overlay/Urban Growth Management) zone district is consistent with the medium density
residential planned land use designation of the 2025 Fresno General Plan and the Bullard Community
Plan as specified in Section 12-403-B of the Fresno Municipal Code.
SECTION 3. The Council finds that the zone district of the real property described in attached
Exhibit A, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is
reclassified from the AE-5/BP/UGM (Exclusive Five Acre Agricultural/Bluff Preservation Overlay
District/Urban Growth Management) and the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban
Growth Management) zone districts to the R-1/BP/UGM (Single Family Residential/Bluff Preservation
Overlay/Urban Growth Management) zone district.
SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m.on
the thirty-first day after its passage.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance
was adopted by the Council of the City of Fresno, California, at a regular meeting held on the
day of , 2005, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
REBECCA E. KLISCH
City Clerk
By
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By
Deputy
Rezone Application No. R-04-93
Filed by Riverfront Ventures, LLC
Assessor's Parcel No. 504-050-03, 504-050-
18 & 504-130-13
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Exhibit A
Page 1 of 3
Rezone Application No. R-04-93
LEGAL DESCRIPTION FOR REZONE
AE-20 TO R-1
That portion of the Government Lot 9 in Section 32, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the United States Government Township Plat, described as
follows:
BEGINNING at the Northeast corner of said Lot 9; thence South 01°51'38" East, along
the East line of said Lot 9, a distance of 110.74 feet to a point on the North line of North
Josephine Avenue right of way; thence South 79'37'18"West, along the North line of the
North Josephine Avenue right of way, a distance of 1333.85 feet to a point on the West
line of said Lot 9; thence North O1°11'26" West, along the West line of said Lot 9, a
distance of 355.98 feet to the Northwest corner of said Lot 9; thence South 89°47'07"
East, along the North line of said Lot 9, a distance of 1315.84 feet to TRUE POINT OF
BEGINNING.
Containing 7.052 acres, more or less.
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Exhibit A
Page 2 of 3
Rezone Application No. R-04-93
LEGAL DESCRIPTION FOR REZONE
AE-5 TO R-1/BP
That portion of the Government Lot 8 in Section 32, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the United States Government Township Plat, described as
follows:
BEGINNING at the Northwest corner of said Lot 8; thence North 88°49'54" East, along
the North line of said Lot 8, a distance of 504.34 feet; thence North 76°44'26" East,
continuing along the North line of said Lot 8, a distance of 821.35 feet to the Northeast
corner of said Lot 8; thence South 00°12'09" West, along the East line of said Lot 8, a
distance of 160.19 feet; thence South 64'15'13" West, a distance of 98.14 feet to the
beginning of a 300.00 foot radius tangent curve, concave Northwesterly; thence
Southwesterly, along said curve, through a central angle of 12°16'07", an arc distance of
64.24 feet; thence tangent to said curve, South 76°31'20" West, a distance of 19.42 feet;
thence South 70°37'04" West, a distance of 127.26 feet to the beginning of a 300.00 foot
radius tangent curve, concave Northwesterly; thence Southwesterly, along said curve,
through a central angle of 04°59'25", an arc distance of 26.13 feet; thence tangent to said
curve, South 75°36'29" West, a distance of 64.63 feet to the beginning of a 300.00 foot
radius tangent curve, concave Northerly; thence Westerly, along said curve, through a
central angle of 08°00'33", an arc distance of 41.94 feet; thence tangent to said curve,
South 83°37'02" West, a distance of 72.51 feet; thence South 77°31'42" West, a distance
of 51.37 feet; thence South 70°11'55 West, a distance of 46.09 feet; thence South
83°59'56" West, a distance of 70.30 feet; thence South 81°20'05" West, a distance of
96.01 feet to the beginning of a 300.00 foot radius non-tangent curve, concave
Northwesterly, a radial to said beginning bears South 30°02'57" East; thence
Southwesterly, along said curve, through a central angle of 26°12'21", an arc distance of
137.21 feet; thence tangent to said curve, South 86°09'04",West, a distance of 88.52 feet;
thence North 89°34'24" West, a distance of 206.65 feet to the beginning of a 300.00 foot
radius non-tangent curve, concave Northerly, a radial to said beginning bears South'
18°11'44" East; thence Westerly, along said curve, through a central angle of 21°43'08",
an arc distance of 113.72 feet; thence tangent to said curve, North 86°28'36" West, a
distance of 14.47 feet to a point on the West line of said Lot 8; thence North 01°11'26"
West, along the West line of said Lot 8, a distance of 217.86 feet to the POINT OF
BEGINNING.
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Containing 5.962 acres, more or less. ��� �0,
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Exhibit A
Page 3 of 3
Rezone Application No. R-04-93
LEGAL DESCRIPTION FOR REZONE
AE-5 TO R-1
That portion of the Govemment Lot 8 in Section 32, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, in the City of Fresno, County of Fresno, State of
California, according to the United States Govemment Township Plat, described as
follows:
BEGINNING at the Southeast comer of said Lot 8; thence North 01°51'38" West, along
the East line of said Lot 8, a distance of 1319.99 to the East quarter corner of said Section
32; thence North 01°12'09" East, continuing along the East line of said Lot 8, a distance
of 149.42 feet; thence South 64'15'13" West, a distance of 98.14 feet to the beginning of
a 300.00 foot radius tangent curve, concave Northwesterly; thence Southwesterly, along
said curve, through a central angle of 12°16'07", an arc distance of 64.24 feet; thence
tangent to said curve, South 76°31'20" West, a distance of 19.42 feet; thence South
70°37'04" West, a distance of 127.26 feet to the beginning of a 300.00 foot radius
tangent curve, concave Northwesterly; thence Southwesterly, along said curve, through a
central angle of 04°59'25", an arc distance of 26.13 feet; thence tangent to said curve,
South 75°36'29" West, a distance of 64.63 feet to the beginning of a 300.00 foot radius
tangent curve, concave Northerly; thence Westerly, along said curve, through a central
angle of 08°00'33", an arc distance of 41.94 feet; thence tangent to said curve, South
83°37'02" West, a distance of 72.51 feet; thence South 77°31'42" West, a distance of
51.37 feet; thence South 70'11'55" West, a distance of 46.09 feet; thence South
83°59'56" West, a distance-of 70.30 feet; thence South 81°20'05" West, a distance of
96.01 feet to the beginning of a 300.00 foot radius non-tangent curve, concave
Northwesterly, a radial to said beginning bears South 30°02'57" East; thence
Southwesterly, along said curve, through a central angle of 26°12'21", an arc distance of
137.21 feet; thence tangent to said curve, South 86°09'04" West, a distance of 88.52 feet;
thence North 89°34'24" West, a distance of 206.65 feet to the beginning of a 300.00 foot
radius non-tangent curve, concave Northerly, a radial to said beginning bears South
18°11'44" East; thence Westerly, along said curve, through a central angle of 21°43'08",
an arc distance of 113.72 feet; thence tangent to said curve, North 86°28'36" West, a
distance of 14.47 feet to a point on the West line of said Lot 8; thence South 01'11'26"
East, along the West line of said Lot 8, a distance of 1207.76 feet to the Southwest corner
of said Lot 8; thence South 89°47'07 East, along the South line of said Lot 8, a distance
of 1315.84 feet to TRUE POINT OF BEGINNING.
LAND SU
Containing 38.870 acres, more or less.
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