HomeMy WebLinkAboutT-5358 - Report - 6/27/2013 City of
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r'r1c„ ��►� REPORT TO THE CITY COUNCIL AGENDA ITEM NO.
COUNCIL MEETING 06/27/13
June 27, 2013 APPROVED BY
DEPART DIRECTOR
FROM: PATRICK N. WIEMILLER, Director
Public Works Department CITY MANAc �-
BY: SCOTT L. MOZIER, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
JONATHAN BARTEL, Supervising Engineering Technician
Public Works Department, Traffic and Engineering Services Division
SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5358 AND ACCEPTING THE
DEDICATED PUBLIC USES OFFERED THEREIN (COUNCIL DISTRICT 2)
1. ADOPT A RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 5358
AND ACCEPTING THE DEDICATED PUBLIC USES OFFERED THEREIN
2. AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO
EXECUTE THE SUBDIVISION AGREEMENT, THE COVENANT FOR THE
MAINTENANCE OF CERTAIN IMPROVEMENTS UNDER CFD-11, THE
COVENANT FOR TEMPORARY STORM DRAINAGE FACILITIES AND THE
COVENANT FOR THE PROHIBITION OF PARKING ON BEHALF OF THE CITY
3. AUTHORIZE THE DIRECTOR OF PUBLIC UTILITIES OR HIS DESIGNEE TO
EXECUTE THE COVENANT FOR SPECIAL SOLID WASTE DISPOSAL
SERVICES ON BEHALF OF THE CITY
4. AUTHORIZE THE DEVELOPMENT AND RESOURCE MANAGEMENT
DIRECTOR OR HIS DESIGNEE TO EXECUTE THE COVENANT DEFERRING
ELIGIBLE DEVELOPMENT IMPACT FEES TO THE TIME OF OCCUPANCY,
THE COVENANT ACKNOWLEDGING RIGHT TO FARM LAW, THE
COVENANT RELINQUISHING ACCESS RIGHTS, THE COVENANT FOR
POTENTIAL GOLF COURSE HAZARD AND THE COVENANT FOR POOL
DRAINAGE PLANS ON BEHALF OF THE CITY
RECOMMENDATION
Staff recommends the City Council take the following action:
Adopt a resolution approving the Final Map of Tract No. 5358 and accepting the dedicated public uses offered
therein; and to authorize the Public Works Director or his designee to execute the subdivision agreement, the
covenant for the maintenance of certain improvements under CFD-11, the covenant for temporary storm
drainage facilities and the covenant for the prohibition of parking on behalf of the City, authorize the Director of
Public Utilities or his designee to execute the covenant for special solid waste disposal services on behalf of
the City and to authorize the Development and Resource Management Director or his designee to execute the
covenant deferring eligible development impact fees to the time of building permit and occupancy, the
REPORT TO THE CITY COUNCIL
Adopt Resolution Approving Final Map of Tract No. 5358
June 27, 2013
Page 2
covenant acknowledging right to farm law, the covenant relinquishing access rights, the covenant for potential
golf course hazard and the covenant for pool drainage plans on behalf of the City.
EXECUTIVE SUMMARY
The Subdivider, Lennar Fresno, Inc., a California Corporation, (Mike Miller, President), has filed for approval,
the Final Map of Tract No. 5358, of Vesting Tentative Map No. 5358 for a 230-lot single-family residential
planned development subdivision with ten outlots for trail and open space purposes, landscaping and
recreational purposes, and private street purposes, located on the northwest corner of North Riverside Drive
and West Spruce Avenue on 51.48 acres.
The Final Map is technically correct and conforms to the approved Vesting Tentative Map No. 5358 dated
November 16, 2005 and approved revisions thereto ("Tentative Map"), the Subdivision Map Act and the Fresno
Municipal Code. The Subdivider has signed the subdivision agreement and covenants and has posted all
required performance securities, insurance certificates and paid all fees now due to satisfy the conditions of
approval of the Tentative Map. The City Attorney's Office has approved all documents as to form and the Risk
Management Division has approved all security bonds and insurance certificates. The provisions of Section
66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved
tentative map to be approved by the City Council.
BACKGROUND
The Fresno City Planning Commission on November 16, 2005 adopted Resolution No. 12351 approving
Vesting Tentative Map No. 5358 (Tentative Map) for a 230-lot single-family residential planned development
subdivision on 51.48 acres at an overall density of 4.76 units per acre. The Fresno City Planning Commission
on November 16, 2005 adopted Resolution No. 12352 approving Conditional Use Permit Application No. C-04-
246 for a planned development with gates to restrict vehicular access, private streets, reduced lot sizes and
setbacks, and common open space for 144 of the 230 lots. Attached is the Fresno City Planning Commission
report which provides the project details, staff analysis, environmental findings and consistency findings for
Vesting Tentative Map No. 5358 with the 2025 General Plan and the Bullard Community Plan to comply with
the provisions of the Subdivision Map Act. The approval of Vesting Tentative Map No. 5358 will expire on
November 16, 2015.
The Final Map has been reviewed and deemed to be technically correct. The Subdivider has satisfied all other
conditions of approval by executing the Subdivision Agreement for Tract No. 5358, submitted securities in the
total amount of $3,928,000.00 to guarantee the completion and acceptance of the public improvements and
$1,964,00.00 for a payment security and has paid the miscellaneous and development impact fees due as a
condition of approval for the Final Map in the amount of$535,188.38. Covenants have been executed to defer
eligible development impact fees totaling $402,574.35 to the time of issuance of building permit and final
occupancy of each unit, for annual CFD-11 assessment notification, for temporary storm drainage facilities, for
the prohibition of parking, for special solid waste disposal services, for acknowledging right to farm law, for
relinquishing access rights, for potential golf course hazard and for pool drainage plans.
MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain the landscaping,
irrigation systems, hardscaping and amenities within Outlot A and B (trail and vista point), including services for
street paving, concrete curbs and gutters, valley gutters, sidewalks and curb ramps, street signage and street
lighting within street and landscaping easements, within and adjacent to the Final Map in accordance with the
adopted standards of the City. The Subdivider has satisfied the maintenance requirement by annexing the
subdivision into the City's Community Facility District No. 11 (CFD-11) on June 6, 2013.
REPORT TO THE CITY COUNCIL
Adopt Resolution Approving Final Map of Tract No. 5358
June 27, 2013
Page 3
The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the
Subdivision Agreement, is required to provide every prospective purchaser of each lot of the subdivision the
"Notice of Special Tax", in accordance with the provision of Section 53341.5 of the California Government
Code. The maximum annual assessment is $355.84 per lot for Lots 1-86 and $105.40 per lot for Lots 87-230
with an annual 3% adjustment plus the increase, if any, in the construction cost index for the San Francisco
Region.
FISCAL IMPACT
There will be no impact to the City's General Fund. Approval by the Council will result in timely deliverance of
the review and processing of the Final Map as is reasonably expected by the Subdivider. Prudent financial
management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has
paid the city a fee for the processing of this Final Map and that fee is, in turn, funding the respective operations
of the Public Works Department.
Attachments:
Resolution Approving the Final Map of Tract No. 5358 and Accepting the Dedicated Public Uses Therein
Final Map of Tract No. 5358
Report to the Planning Commission—Consideration of Vesting Tentative Map No. 5358 and Related
Environmental Finding for Environmental Assessment No.T-5358
This page intentionally left blank.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, TO APPROVE THE FINAL MAP OF TRACT NO.5358
AND ACCEPTING DEDICATED PUBLIC USES THEREIN EXCEPT
FOR DEDICATIONS OFFERED SUBJECT TO CITY ACCEPTANCE OF
DEVELOPER INSTALLED REQUIRED IMPROVEMENTS
WHEREAS, LENNAR FRESNO, INC., a California Corporation, has offered for approval a Final
Map designated as Tract No. 5358, pursuant to approved Vesting Tentative Map No. 5358 ("tentative map");
and,
WHEREAS, all the certificates which appear on the map (except the approval certificate of the
Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been
signed and acknowledged and said map has been filed for approval; and,
WHEREAS,the subdivision lies within the boundaries of the City of Fresno; and,
WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State
of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the
Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having
previously filed with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate
Request along with copies of the map considered herewith by the Council; and,
WHEREAS, the Council finds that the proposed subdivision, together with the provisions for its
design and improvement, is consistent with all applicable general and specific plans of the City; and,
WHEREAS, the Subdivider and the Owners, whose signatures appear on the map, and others have
offered for dedication certain streets, public utility easements, access rights and other public properties and uses
as shown and delineated upon said map; and,
WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said
tentative map.
1 of 3 Resolution Approving the Final Map of
Date Adopted: Tract No. 5358,etc.
Date Approved: Resolution No.
Effective Date:
City Attorney Approval:
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council finds that the map is in substantial compliance with said tentative map,
any deviations therefrom being deemed to be approved by the Council.
2. That the map is hereby approved and any and all of the streets, public utility
easements, public utility facilities, access rights and all parcels of land and easements offered
for dedication on the map are hereby accepted, unless it is stated on the Final Map that said
dedications are subject to City acceptance of Developer installed improvements, subject to
complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to
release of the map for recordation.
IJl
2 of 3 Resolution Approving the Final Map of
Date Adopted: Tract No. 5358,etc.
Date Approved: Resolution No.
Effective Date:
City Attorney Approval:
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I,YVONNE SPENCE,City Clerk of the City of Fresno,certify that the foregoing resolution was adopted by
the Council of the City of Fresno,at a regular meeting held on the
day of 12013.
AYES
NOES
ABSENT
ABSTAIN
Mayor Approval: 12013
Mayor Approval/No Return: ,2013
Mayor Veto: ,2013
Council Override Vote: 12013
YVONNE SPENCE,CMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Talia Kolluri-Barbick
Deputy City Attorney
3 of 3
Resolution Approving the Final Map
of Tract No. 5358,etc.
Resolution No.
This page intentionally left blank.
FINAL MAP OF SURVEYOWS STATHISENT
TRACT NO. 5358 TME SURVEY 1111SN MIS YAP WAS YAOE BY ME OR UNDER MY DIRECTIONAND IS TRUE AND
COMPLETE AS SHOW.
LAB MIS MAR WAS PREPARED BY W OR UNDER MY DRECTIDN AND IS BASED UPON A FEUD SURVEY
N CONFORMANCE WN THE REOUXEMEN TS OF THE SUBDIVISION MAP ACT AND LOCK ORDNANCE
RECORD TITLE INTEREST STATEMENT, A PLANNED DEVELOPMENT BEING A REBIIBDIVISION Vas.`c AT THE REOUEST OF LENNAR FRESNO,INC.,A CALIFORNIA CORPORATION ON JANUARY 06,2013
I HEREBY STATE MAT ALL THE MONUMENTS ARE OF THE CNANACTEN AND OCCUPY THE POSITIONS
OF LOT 8 AND A PORTION OF GOVERNMENT LOT 9 'Nn 6619 IH IS MAD,S THEY WU.BE SET N MDSE PMUMS GIN OR BEFORE ONE YEAR OF THE DATE
THE lNOERSIGNED,BEING ALL PARTES HAVING ANY RECON niLE INTEREST N ME LAND WITHIN MIS YAP IS RECORDED,OR ANY IME EXTENSION APPROVED BY ME CITY ENGINEER.ME
THIS SBDIVISIW,HEREBY CONSENT TO TIE PREPARATION AND RECORDATION OF MIS MAP AND OF SECTION 3$,T 18 S.R 19 E MOUNT DIABLO BABE W fm D-L-2WJ 9 MONUMENTS ARE OR WILL BE.SINOOfNi TO ENABLE NE SURVEY TO BE RETRACED,AND MAT
OTER FDR DEDICATION FOR PUBLIC USE ME PARCELS AND EASEMENTS SPECIFIED W SAID MAR �j ,,a..Y THIS
FINK MAP OR WILL BE.S FFIOENCONFONS TO ME CME SRR EY BE BETA TED,AND MM.
AS INTENDED FOR PUBLIC USE FOR ME PURPOSES SPECIFIED tHEREN. AND MERIDIAN IN THE CITY OF FRESNO 't {P
a cH11
LENNM FRESNO,INC.A CAUFORNA CORPORATION FRESNO COUNTY,CALIFORNIA
SURVEYED AND PLATTED IN JUNE,8008 BY I.B.A. JEFFREY C LICENCE EMPiRES RESINGE1 P.L.S.6619 DATE
12/]1/13
BY: CONSISTING OF 6 SHEETS
MERRILL(MINE)MILLER SHEET 1 OF 6 SHEETS CITY ENGINEER'S STATEMENT
NCE PRESCIENT
LEGAL DESCRIPTION I HEREBY STATE MAT I HAVE EXAMINED THIS MAP,MAT THE SUMMSION SHOWN IS SUBST.Will
THE SAME AS IT APPEARED M THE APPROVED TENTATIVE MAP,AND ANY APPROVED ALTERATIONS
PARCEL I: THEREOF,MAT ALL PROVISIONS OF THE SUBONSON MAP ACT AND LOCK OFMAKES APPLICABLE
NOTARY ACKNOWLEDGMENTS- LOT 8 OF SECTION 32.TOWNSHIP 12 SWM.RANGE 19 EAST,MOUNT DIABLO BASE AND MERIDIAN.ACCORDING AT DIE TME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPILED NN.
TO THE OFFICIAL PLAT THEREOF OF THE SURVEY OF SAID LAND W FILE N THE BUREAU OF LAND MANAGEMENT.
STATE OF CAUFORNIA-- 7y EXCEPTNG FROM SAID LOT 8 ABOVE ALL MAT PORTION THEREOF CONVEYED BY RIVERFRONT VENTURES.LLC TO
COUNTY OF ..... ) SS ME STATE OF CALIFORNIA BY INSTRUMENT RECORDED AUGUST 15.2005.SERIES NO.2005-0187110,FRESNO SCOTT LICENSE CMOZIEA ES 12;31/2013
E.� • DATE
COUNTY RECORDS.
Ott ENGINEER
W 2013.BEFORE ME. ARN:504-050-03
AND
PUBLIC,PERSONALLY APPEARED. -0 PROVED TO ME ON ME BASIS OF PARCEL 2: CONSULTING LAND SURVEYOR'S STATEMENT
SATISFACTMI EVIDENCE TO BE ME PERSON(S)WHOSE NAE(S)IS/ME SUBSCRIBED TO ME MAT PORTION OF GOVERNMENT LOT 9 N SECTION 32,TOWNSHIP 12 SOUTH.RANGE 19 EAST,MOUNT DIABLO
WITHIN INSTRUMENT AND ACXNOWLEOMO TO ME MAT K/SE/MEY EXECUTED ME SAME N BASE MD MERIDIAN,ACCORDING TO THIS OFFIOK PLAT THEREOF,MUCH LES NORM OF NE NORM UNE OF I HEREBY STALE MAT HAVE EXAMINED MIS MM AND MAT I AY SATISFIED MAT THE MM
Hl
AUTHMI2ED CMACITVES).AND MAT BY HIS/HER/THEIR SIGNATURE(S)ON JOSEPHINE AVENUE.AS SAID AVENUE IS SHOWN ON THE MM OF J.C.FORMER FIG GARDENS N0.3,ACCORDING R TEO9ACAuLY CORRECT.
ME INSTRUMENT ME PERSON(S),OR ME ENTITY UPON BEHALF OF WHICH ME PERSON(S) TO ME MAP THEREOF RECORDED IN BOON 8 PAGES 79 OF RATS,FRESNO COUNTY RECORDS.
ACTED,EXECUTED ME INSTRUMENT, ACTING FOR ME CITY OF FRESNO
APR:504-050-18
BLAB CHINCH N E,SU tONSIL1MG ENGINEERS
I CERTIFY UNDER PENALTY I PERJURY A DUNDERCOR ME LAWS OF THE STATE OF CALIFORNIA MAT PARCEL 3 451 CUONS AVENUE.SUITE 200.QOVIS CA 9]612
ME FORECOWG PARAGRAPH IS TRUE AND CORRECT.
.NESS 4v HAND A PARCEL OF LAND STUATED IN ME Ott OF FRESNO.COUNTY OF FRESNO.STATE OF CAUFORNA AND LYING
WITHIN THE EXTERIOR BOUNDARIES OF FRACTIONAL SECTOR 32.TOWSIP 12 SOUTH,RANGE 19 EAST,6LOD,d01., BY:
NAPE: SIGNATUREACCO DING TO THE OFFICIAL PLAT THEREOF.SAID PARCEL BEING ALL MAT LAND WARN IA
SAD FRACTIONAL HAWAN 8AASALU,L.S.7800, DATE
SECTION 32 LYING ADJACENT TO LOT 8 AND LYING SOUTHERLY OF ME FDI.lOWMD DESCRIBED LME: LICENSE EXPIRES 12/31/2013
UY COMMISSION EMPIRES COuuISSION NUMBER BE NG AT A PONT W DE NOH WATER LME OF THE SM JOADUN RIVER AS SAID UNE IS SHOWN ON SHEET
16 OF 27 OF ME ADMIISTRATIVE MM OF THE SAN JOAWN RIVER DATED APRIL 1992,ON FILE N ME OFFICES PLANNING COMMISSION CEKTIFICATE
COUNTY OF OFTHE CALIFORNIA STATE LANDS COMMISSION.SAID W 66
D PONT BEARS SM 8'30'39'EAST,21 .91 FEET FROM
A 1/2'RECIAR MARXING ME NORTHEAST CORNER OF SAID SECTION 32,T.12 S.,R.19 E.,M.D.B.6AL AND AS i HEREBY CERTIFY MAT 1 HAVE EXA K0 MS MAP.MAT THE SUBDIVISION SHOWN CONFORMS TO
SOWN ON SAID BEET 16,SAD CORNER HAVING CALIFORNIA.ZONE 4(NAD 83)COORDINATES OF N-2.194,376.579 AND IS N COUPLIWCE NM ME APPROVED TENTATIVE MM AND REOLMOKHTS IMPOSED BY THE
FEET AND E-6,292.465.765 FEET;MENCE KONG SAID HIGH WATER LINE ME FOLLOWING COURSES:THENCE FRESNO CITY PLANNING COMMISSION AS A CONDITION TO ME ACCEPTANCE OF ME FINAL MM.
SOUTH 71'12'14'WEST,79.20 FEET;THENCE SWM 71.11'05'WEST,80.79 FEET:THENCE SOUTH 75108'17'
WEST 66.59 FEET;THENCE SWM 77`08'26'WEST,56.70 FEET.THENCE SOUTH 6385'29'WEST,67.95 FEET;
THENCE SWM 63'39'53'WEST,68.28 FEET;THENCE SOUTH 7553'48"WEST,78.18 FEET.THENCE SWM
40'23'49'WEST,81.23 FEET;THENCE SOUTH 73VI'57'WEST,94.37 FEET;THENCE SWM 70'59'08'WEST, NEIN BFRCMWD DATE
8].16 FEET;THENCE SOUTH 83'34'0'7'WEST,78.03 FEET;THENCE SWM 79'21'08'WEST,84.12 FEET;T ENCE SECRETARY H THE FRESNO Ott PLANNING COMMISSIONSMITH 7918'56'WEST,91.40 FEET;THENCE SOUTH 8270'44'WEST,93.90 FEET;MENCE SOUTH 87'33'06'
WEST,8862 FEET;THENCE SOUTH 88'41'17'WEST,11506 FEET;THENCE SWM 8632'45'WEST,121.18 FEET;
THENCE SWM WIO'34'NEST,133.29 FEET;THENCE SWM 84'33'57'WEST,125.71 FEET;THENCE SWM CITY CLERK'S CERTIFICATE
WEST,95.48 FEET;THENCE SWM M 85'35'59'WEST,86,34 FEET;THENCE NOR8751'38'NEST,
60.88 FEET;THENCE NORM 8558'31'WEST,75.43 FEET;THENCE SOUTH 81.46'23'WEST,76.42 FEET;THENCE I HEREBY CERTIFY MAT THE COUNCIL OF THE Ott OF FRESNO,BY RESOLUTION NO
SOUTH WW'24'WEST,55.96 FEET;THENCE SWM 01`03'25'WEST,85.03 FEET;.THENCE SWM 8151'15'NEST, ADOPTED ON APPROVED DIE WARN uAP AND ACCEPTED
75.04 FEET;THENCE SWM 7827'48'WEST,IM42 FEET:THENCE NORTH 891853'WEST,55.44 FEET;THENCE W BEHALF OF THE PUBLIC ALL PARCELS OF LANG MD EASEMENT OFFERED FOR DEDICATION
NORM 7455'13'WEST,5583 FEET;THENCE SOUTH 62'43'30'WEST,48.25 FEET;THENCE SOLID,8918'19'WEST, FON PINUC USE IN CONFORMITY WITH
THE
TERMS BFTIE OFFER N OOFFERED AND APPROVED
60.78 FEET;THENCE NORTH 8214'23'WEST,6827 FEET;THENCE NORM 81'37'20'WEST,74.04 FEET;THENCE ME ABANDONMENT OF THOSE PUBLIC STREETS ANO/OR PUBLIC EASEMENTS NOT 4101FN W ME
NORM 65'43'41'WEST,72.41 FEET;THENCE NORM 64`00'00'WEST,7111 FEET;THENCE NORM MV2'52'WEST, MAP AND NOTED AS ABANDONED BY ME WHO OF THE YAP.
37.19 FEET;THENCE HORN 64`01'53'WEST,112.72 FEET;THENCE HORN 6411'11'WEST,180.35 FEET TO ME
END OF DE HEREN DESCRIBED UNE.AS CONVEYED TO RIVERFRONT VENTURES.LLC BY INSTRUMENT RECORDED YWNNE SPENCE.CMC
AUGUST 15,2005 AS DOCUMENT NO.2005-0187110 OF OFFIOK RECORDS CITY CLEAN
EXCEPTING THEREFROU ALL MAT PORTION THEREOF LYING WESTERLY OF ME WEST UNE(AND TIE NORTHERLY
EXTENSION THEREOF)OF SAID GOVERNMENT LOT 8 N SAID SECTION 32,TONNSHSO
LN.12 SM,RANGE 19 EAST, BY:
AA MB.AM..ACCORDING TO ME OTTCIAL PLAT NEREOF. DEPUTY DATE
APR:504-130-13
RECORDER'S CERTIFICATE
DOCUMENT NO. FEE N
FILED MIS_DAY OF 2013,AT u,N VOLUME
THIS PROPERTY IS SUBJECT TO THE FOLLOWING, THIS PROPERTY IS SUBJECT TO THE FOLLOWING(CONT'D)- OF RATS.AT PAGES AT ME INDUEST OF I.8.A
L ME TERMS AND PROVISIONS CONTAINED M ME DOCUMENT ENTITLED'RIVERFRONT VENTURES BOUNDARY 7. AN AGREEMENT FOR CONSENT TO COMMON USE EXECUTED BY PACIFIC GAS AND ELECTRIC COMPANY AND FRESNO COUNTY RECORDS.
LINE AGREEMENT'RECORDED AUGUST 15.2035 AS DOCUMENT NO.2NS-0187110 OF OFFICIAL RECORDS. FREED METROPOLITAN FLOOD CWNW DISTRICT RECORDED JULY 18.2007.DOCUMENT NO,2007-0137689
OFFICIAL RECORDS FRESNO COUNTY. PAUL OCTOS.CP.A..COUNTY RECORDER2. AN AGREEMENT FON ME UNITED STATES OF AMERICA WnCH PROVIDES PROJECT OPERATIONS OF FRIANT
DAN
ANO SUCH CNANGE OR CHANGES N ME PLACES OF USE.ANO/OR OF DIVERSION.TAXING OF WATER 8. AN EARLY CONSTRUCTION AGREEMENT WITH SUBORDINATION FOR SEWER.WATER AND STORM DRAIN BY:
ANDOMER RIGHTS AS NEREN CONTAINED.ON ME SAN MAOUIN RIVER.CENTRAL VALLEY PROJECT.. IMPROVEMENTS FOR TRACT MAP NO.5358 RECORDED MAY 29,2007 AS DOCUMENT NO.2007-0104674 DEPUTY
NEC
OCTOBER 29,1947 N BOON 2560,PAGE 483,AND AS MODIFIED BY AN NSMUMCNT RECORDED OFFICIAL RECORDS FRESNO COUNTY.
JUNE 23.1950.BOO(2884,PACE 148.OFFICIAL RECORDS
9. AN EARLY CONSTRUCTION AGREEMENT WN SUSCRDINATION FOR STREET IMPROVEMENTS FOR TRACT ,DTH;
3. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT DEFERRING CERTAIN DRAINAGE FEES AND/OR N0.5356 RECORDED SEPTEMBER 21,2007 AS DOCUMENT N0,2007-0176539 OFFICIAL RECORDS FRESND THE PRIVATE ROAD EASEMENTS PURSUANT TO BOON 449 OF DEEDS PAGE 6,BOON 442 OF
REOUREUEHTS TO CONSTRUCT PLANED LOCAL DRAINAGE FACILITES TO THE TME OF ISSUANCE OF CERTIFICATE COUNTY DEEDS PAGE 29 AND BOON 868 OF DEEDS.PAGE 73,FRESNO COUNTY RECORDS NOT SHOWN
OF OCCUPANCY AND CREATION OF LEN WITHIN ME BOUNDARIES OF ME FRESNO METROPOLITAN FLOOD W THIS MAP,ARE NO LONGER M EFFECT UPON RECORDATION OF THIS MAP.
CONTROL DISTRICT.RECORDED MY 31.1995 AS DOCUMENT NO.95092128,OF OFFICIAL RECORDS. 10.A REIMBURSEMENT AGREEMENT EXECUTED BY AND BETWEEN On OF FRESNO AND RIVERFRONT
VENTURES.LLC.,RECORDED MAY 19.2008 AS DOCUMENT NO.2008-0072570 OF OFFNOAL RECORDS,
4, RIGHTS OF DE PUBLIC N AND TO MAT PORDON OF ME LAND LYING WDIN RIVERSIDE CWNNY CLUB AVENGE.
U.THE TERMS AND PR.1991 CONTAINED IN THE DOCUMENT ENTITLED'FNAL ORDER OF CONDEMNATION" PREPARED IP'
5. RE EASEMENT LIBER 24.OFEOFO FOR PUBLIC UTILITIES.AG26 OF O I WAY AND DIMER TTE.SEAL PURPOSES. RECORDED MMOL 12,1991 AS INSTRUMENT 110.1991-20713 OF OFFICIAL RECORDS. / B JS
RECORDED NOVEMBER 24,1947 IN BOOK 256&PACE 269 OF OFTICIK RECONS PLOTTED.SEE MAP. ` /"'\
6. AN EASEUENT PREVIOUSLY DEEDED FOR PUBLIC UTILITIES.RIGHTS OF WAY AND OTHER NODENTK PURPOSES, CIVIL WINEENN4 AND LAND SURVEYING
RECORDED OCTOBER 9,1918 N BOOR 109 OF COVENANTS.PACE 467 OF OFFICIAL RECORDS.ME EXACT 5499 EAST HEDGES AVENUE
LOCATION AND EXTENT IS NOT DISCLOSED OF RECORD. NOTE: REFER TO SHEET 3 FOR LIST OF COVENANTS TO RECORD CONCURRENTLY 94TH MAP. FRESNO,CAUFORMA 93727
(559)291-N27
FINAL MAP OF
- S 692008•d _,634.1 - - 9 INW23•W MSSN' TRACT NO. 5358
LM.ADERA
1329.OTMON 12 A PLANNED DEVELOPMENT SEINEN A RESUBDIVISION
OF LOT 8 AND A POTION OF(IOVERNMENT LOT 9
OF SECTION 38,T 18 B,R 19 E MOUNT DIABLO BABE
AND MERIDIAN IN THE CITY OF FRESNO
FRESNO COUNTY,CALIFORNIA
SURVEYED AND PLATTED IN JUNE,8006 BY I.S.A.
sCONSISTING OF 5SHEET!OF 5 SHEETS
SEE SLEET 5 FAfAD pAOL.Nq V� BASIS OF BEARINGS
Ly. .u_ fA LT La ME SWM UNE aF ME SOUTHEAST WARIER OF TIE SOUTHEAST WARIER OF SECTOR
31.TO-W 17 SWM RANGE 19 EAST,YO NT DIABLO BASE ANO YEAH NASfFA{ENTO BE NOM 8938'WAST,PER ME YAP AC.FORNNER FIG GARDENS SUBONSIONN0.
3,RECORDED INVOLUME8 OF PLATS AT PAGE 79,FRESNO COUNTY RECORDS.
FRESNO COLINTY :ARc ba
x"W'N'E 76456 -( x 8937.06'C T &�
- - N 6933'06'C 170043'
YON 3 — — — — — — — NOTE L
As*
a> a0 'a"a u w 1.0.0. 30'LONG IRON RPE TO BE SET 6'DOWN AND TAGGED LS6dl9.AT KL LOT
CORNERS.ANGLE POINTS,BEGIN4NNG OF CURVES AND END OF CURVES.
OUTLOT'A'IS DEDICATED IN FEE TO THE CITY OF FRESNO FOR PUBLIC USE PURPoSE9,
1-rA— v .rIe4T 4>K ANMd' SUBXCT TO On ACCEPTANCE OF DEVELOPER INSTALLED REOAREO IYPROVEYENTS.
Y 6 a OUTLOT'B'IS DEDICATED IN FEE TO ME CITY OF FRESNO FOR TRAIL AOPEN SPACE
a l T e • H R « PURPOSES,SUBECT TO Ott ACCEPTANCE OF DEVELOPER INSTALLED REOUWD WPROLEK Mldi
5 D Ge W BLOTS't'd'D',ARE FOR lMOSCMIN AND RE ,CqL-PCVR�B�E
my coume W ROTS'E'.'F'.W.!W.ME FOR LANDSCAR ANO PIE PURPOSES
B ae OUTLET-f IS FOR POVATE STREET PURPOSES.
w IOUTL01'J•IS FOR PRIVATE STREET PURPOSES
NI y- nTORc coxr.Nn m 8 m 67 l�s7 V�e N SCALE ® F•3CX7 NOTE:
1 SCE SHEETS 3 ON 4 FOR LEGEND
FOUND MONUMENTS- YON EW
m SOUTHWEST COMER OF M[SOUTHEAST WAITER OF ME SOUTHEAST
y v0 y - YOY 1 WAITER O SELTW 31 12/19.Y.D.B.d Y.,K50 BEND ME SOUTHWEST
457 y 4rAorr >, COMER DF WVEIad"f LOT 9 OF SAID SECTION,FOUND AIA%CEPTET
YON 6 YON 4 3/a'IRON RPE,DOWN a',TAG NOT LEGIBLE.
_ x893876'[ 7639.6d' _ L: j ,y p N KW27'R 1370.71' (N 89'W (1770.71) SOUTHEAST CORNER OF SECTION J].12 I9,7.0.8.d Y.,PWxD KD
N 8958'M'C 130064' A N» W R l31. YON ACCEPTED FFES O COUNTY BRASS LAP YOp T,M NAD HELL,CR.(7.73.
WEST DUMBER CORNER OF SECTION 33,12/9�.40.8,d Y.FOMD
, m d
rA<Vtc 9As Ano a 1
CUttAIc coxvANP " m .g O 6.` YON 3 AND ACCEPTED 3/4'NON PPE,oowx 16.tACFED LS 4163.C.R.2710,
7N Ra Y� 9 9 NORTHEAST CORNER OF GOVERNMENT LOT 6 OF SECTION 33,.2 19,
AfVwAY MEND FOR sm I YON� UO.B.-I..FOUND AND ACCEPTED 3/v NON PIPE,
DOM 6',TAf.FtO
'�Q I$ AL• P PV1p 05CS PER—NI xp. On OF FRESNO.
)}1361 4T 7001-0146170 ORFC.
$ YON 8' N TS E175dA'> O> 1' tl166T'd _.to •� PREWOIAY MEND FOR STREET YON 6 SOUTHEAST,FOUND 4 a�YNO0 STAKE FLUSH W 3z u/19.
E npT99 CAL PURPOSE$PER DOCIAENT N0.
216
q 7936'i(FTA' s 7 0 01-0187214 OR- 21 5 YOY R TON.AND ACCEPTED 1 /4.IRON RPE lOP 6'BROKEN OFF FLUSH
7.j5q.IT h 274 O NO TAG,ACCEPTED FOR ME AU(NYENVOF WEST,IDSEPNNOE AVENUE.
NON 7 g 9icuc> - , zla
Spat FOUND AHO ACCEPTED 3/1 IRON PPE 6'CKMN NO TAG.ACCEPTED
',' 212 4T YON T FON ME AUKNYENT OF WEST 3 PNNC AVENUE.
•
e > •I 21 I SWM WAITER COMER OF SECM7N 1
2.12/19.Y.D.B,d Y. FWNO
MO ACCEPTEO 1'IRON RPE•DOWN 6.NO TAG•T.F.0899.•
r,d.� e e y`^tyW_ u�, w°Iiog.e>e icv, - YOY B SOUTHWEST CORNER OF SECDW 32,i2 19.Y.D.B.d Y.,iWNO AND
^I 7N ` `�
ACCEPTED 1'HIW WE,DOWN$a',N�TAG,T.F.0893.
_ Try NORTHWEST CORNER OF SECTOI 32 12/19.Y.D.B.&U.,FOUND AND
J�✓'`��e.`� AfVM4Y MEDED FOR SMET ACCEPTED 3/i WON RPE,DOWN t8',NO TAG,T.F.0895.
,.1 A� a s •n NwImS PER NOWDIT N(L 217 YON 11 NORM WAITER CORNER OF SECTION 32 12/19,Y.D.B.d Y. FOUND
Tm1 J' eb53 9506,)]4 O.R F.C. 219 216 O /2•REBM,Do"I8',NO TAG,1•TES NORM AND EAST,CEi.6786.
yj �'�J•`e4� YON 111 eA 222 221 I 220 YOY 12 HOiMWE57 COMER di SECMIN}3,121Y.D.B.d Y.,FOUND ANO
ACCEPTED I/2'REBM,DOWN 18',NO Al.G,CR.6789.
NON 75 VaDED 1.P1.C903S PCR M1111 NO YON 13 ACCEPIEO SEE) YG(AY OF YWu NY IF IIVRNNMAWEZOUNRD 7KL0
T1 a {j 7m1-01877140.RF4
171.
1667 v.Fsr-Fnwr•A�r AVEr•E.E � 1 r P YON/� "U'
W 1-t/4'WRPE DOTH 6'.NO TAG.
x 895838'E S IT I E B 4S - S4.e9 111.7 (x d9S8'm'hN 0938'm'•.131977 YON 16 FN
M33]I' ONO I-I/a' ON 00-3•
PE OO .
`x 8938't�Rl'W 4730 BASE aP SEARNG$
YON 0 YON 8 NON 1 MON-2
d
YON 13 ` l
--- --------- FINAL MAP OF
r`776 .` A TRACT N0. 5358
C31`
A PLANNED DEVELOPMENT BEING A RHBIIBDIVISION
OF LOT Is AND A PORTION OF GOVERNMENT LOT 9
, ! as ( I I OF SECTION 88,T i8 S.R 39 E MOUNT DIABLO BABE
1Qw 'u,.T'� -\l. AND MERIDIAN IN THE CITY OF FRESNO
�""
FRESNO COUNTY,CALIFORNIA
SURVEYED AND PLATTED IN JUNE,8008 BY I.B.A.
\'�' I " `\`ll 1 " / _�{(•( ONSISTING OF 5 SHEETS
L � SHEET 8 or 6 BBHETH
__ \ . <
DETAIL 40' " M .- v.
SCALE: ,' _ 4o DETAIL B � G �\ v� SEE SFEET 5 FOR LIVE,CLAVE
SCALE: l"- 30' _OA00N _ a� w,.,. ®r•co AEA RADIAL TABLES
SEE oerdA.-n•al 99 I LIST OF COVENANTS THAT WILL RECORD
t
xxl.m• -1S6T31 rE ;i ! CONCURRENTLY WITH THE]SAPF
N61'49NfC / 1. A STATEUEENI OF COVENANTS AFFECTING LAND DEVELOPMENT FOR THE MAINTENANCE OF CERTAIN
CN L6E T9AY w tl� 1 ./ PUBLIC IMPROVEMENTS FOR THE FINAL YAP OR TRACT NO.636&OR VESTING TENTATIVE YAP N0.
1(1101 5358.RECORDED DDDIIMENT N0. FRESNO
�j'LpT'A' Too`' _ - - tt' ° COUNTY RECORDS.
2•,' - too','- 64 E 65 - 66„ O�S+ s 9 in f0.Ry6
`J�4,�'LG4�\••, _
N-
NV)woy )a0Y ta19 63 n ^ -U}06 1 c((�\f`°J 2 p1PROKUENIS FOR FINAL MAPAFFEOF TRACT NO.DEVELOPMENT58.RECORDED MAINTENANCE OF CERTAIN
pV .� C13 70. T0.4O' 68.7r ' O>° DOCEMENi NO. FRESNO COUNTY RECORDS
O°o¢
--21E x11.0e• 7ooY r 61 'R 4+' CSL- -DETAIL 1 -
T00D6'E 139.16'- - lOm' roar c $ 59 s•,v 1 9v 1 _((_`�•P 3 A STATEMENT OF COVENANTS AFFECTING LAUD DEVELOPMENT FOR TEMPORARY OFF-SITE STORY
7106' 58 E< �\ C+5 a\ O.D� DRAINAGE FACILITIES FOR ME FINAL YAP OF TRACT NO.5358.RECORDED
yp,\0' 69.01• Imw 6959' .6,69.59' �3 S 57 ,.t IPC x006 / i7j,C 17e3T g DOCUMENT Na FRESNO COUNTY RECORDS.
' 55 y G7. �I IpPWEi mar_ 64yL �`^li-am,-'i Cloe.n.�- ! NON 3
-52 - -53- 54_�4 v - m $ OppOE- - N. A STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROHIBITING OAi89DE PAR,NG FOR
23 OF
N-•. •' L78 1106^X0.00'_ ,y51T t6y3�� 56r47]BI $ 67 SI 1x'I\ „�L� CERAIN LOTS wr1IN ME FINAL
COUNT RECORDS.S]S8.RECORDED DOCUMENT
50 FN'�•4j_ 1 •.3256_ 75T_jll _� - � F fRJ 9
�' IPl-N61.1T Vo'."' X00, W.1i,�4 8'PRIE�( 15. IOL06' 1M00 O O 0.
6831'09'• I7g2_SY 5 D WEST P UN _ T,.00• 4 47 jg 22 $ I G((\O�° S A STAMLENT OF COVENANTS IN LOTS LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASRECORDED 14 10 FOOD {{ lq g 46 D I I" ° DISPOSAL SEANCES FOR CERTAIN LOTS WINN THE FINAL YAP O TRACT N0.5358.RECORDED
Q- II D ''{ Ory fi 45 !"I 1N€. SB'caw I 68 N DOCUMENT NO. FRESNO COUNTY RECORDS.
IL 16N.4Y _'IO.W LImpP.IE.� 8••• 44 8� $u'E �i i � 15' IOa00 $ $I E
0 8 43 �' NB;NYx'E
°.J n, OWCy8ttE \ S 2Y 67.18 MOT 1.tfr 9T6 pE dl $K d2 $ 1000• TO' 76.99 e 1 I$ 2x00' a 6. A STATEMENT E C ONNANIS AFFECTING LAND OEVELOFMNENT MANAGEMENT
CERTAIN SEINER FEES TION
AND
58431MI C7 -- L $ j8 fA•D• ) e 2 $ I J0 CI DEVELOPMENT
WATER CONNECTOR CN OF I S,URBAN GRCWM MANAGEMENT(EES tliY D C (EES AND
15'a 87pOC - _ $ 40 �, $ 70.07 60.tID 24: I$58T413YW 29 �I k LIEN FOR NT(EES TO ME TIME AC ISSUANCE. CERTIFICATE O OCCUPANCY AND CREATION Of
olr To. oy 6aa0 yy,, � 8N 69 E9
38 u $-' TO 60 P-K 8 67W[ 5 1260.10800- t LIEN FOR ME FMAL YAP FR TRACT NO.5358.RECORDED OOCWENT
i R 181i2pPPUE$� D E 37 Y: yp 32-- mol 60.98 .60.00 g 26$;�25$1 L36y ��` N2 20$ x6rNYx'E� �0 N0. FRESNO COUNTY RECORDS,
IT 6Doe ly 8 27 g 1.� 6_65 $ tmar 9 f
94 �°� _ SA 298ft V 288, r1600p 600T� _ U 56TNY5 "' YI (x' ,. A STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACNNO'AtEDONG PoGMT-TO-iFJRY
,�e 1 YD CFOgy 6111' 60 14.00 8 3O$N ��� fAOa N D n 5 $^ IUYO� e LAW FOR ME FINAL YAP OF MACT NO.5358.RECORDED DOCUMENT NO.
t 6833 • �'1 \ 6638• 33$ 32 8 v $ 'A60_08- /�1 Ner4x'3B'E by FRESNO COUNTY'RECORDS.
I` ` & (bn.- m B 6 35$ 3a$ $r,W00 �6p1° 6000 1m46 _�- - D CNB a /q g Y tm00' I r 8. A STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT RELINODSHING ACCESS RIGHTS FOR
Io•0--- R Ioti/pnxe a�E L $T. vE, 1��] cp0°- J,32.6x' o� '€ast' m -I••J6 'y 71 �I CERTAIN LOTS wMN THE FINAL MM OF TRACT N0.5358.RECORDED DOCUMENT
i DI .' u7 eaoo �pVF�� �� 6G 1roE 7.77 ."♦ $ $I N0. FRESNO COUNTY RECORDS.
L 568RVlI n 66.90' S 803101! 5T -b6-b0r `1ow'R $ 16$-L 17 T.�N8,N,. I Ner9Y)e't - _-
m679 SEE SHEET 4 9, A STATEMENT OF COVENANTS AFFECTING LAID DEVELOPMENT FOR POOL DRAINAGE FOR CERTAIN
LOTS WITHIN ME FINAL YAP OF TRACT 1D,5358,RECORDED DOCUMENT N0.
rtrt IIr�� g y i 8 12$ a 1 $i W.00 FRESNO COUNTY RECORDS.
v S"OTKUECp U4 6 say' iOpplE 8 9a,p Q 9$�' 6p 00• M00 x8Y TO A STATE EMT OF COVENANTS AFFECTING LAID DEVELOPMENT TO DISCLOSE ME POTENTIAL GOLF
6111 60.00
M ,1 8 7$r Ya i 33yy C x0.00 COHSE HAZARD FOR ME(NAL O O TRACT ONO.RD 5358.RECORDED DOCUMENT
IDu U�,?`� rb1 S 5$j b$J ar-r' N�00•IN E oo' EET 4 N0. FRESNO COUNTY RECORDS
60
3 2 W W00 $E $H 11. DECLARATION OF COVENANTS.CONDITIONS AND RESTRICTIONS FON ELDERBERRY ON ME BLUFFS,
L SB8']]'N•I 1NS00'y'9.65)Y J 60.0 60D RECORDED DOCUMENT NO. FRESNO COUNTY RECORDS.
J,I� 1x.13'
SEE SHEET 4
LEGEND
• EMSTAG MONUMENT FOUND AND ACCEPTED OR AS NOTED. F.C.R. FRESNO COUNTY RECORDS O A CENTERLINE OF EASEMENT PREVIOUSLY DEEDED TO PACIFIC GAS AND O I�CATES PORTIONS PREVIOUSLY DEDICATED i0 R&FRESNO MEMDPUUiM
ELECRNC COMPANY FOR PUBLIC UTUDES AND NCOENTAL PURPOSES, FLOOD COMM CI DISTRICT FOR STORY GRAN PURPOSES,DOCUMENT NO.
Q9) STT 1-00.]RON E M-LOVG�__CF
*fir UE P 44.1 N 6"DIAMETER.M'CONCRETE LE LANDSCAPE EASEMENT NOW OFFERED FOR DEDICATION FOR PUBLIC USE, RECORDED DECEMBER 13,1947 IN BOON 2594,PAGE 97 OF O.R.F.C. 2007-0137689 O.R.F.C.
t Y" CEPT AS NOTED. (ID/2212-19-0070). INDICATES PORTIONS PREYW4Y DEDICATED TO TINE CITY O'FRESNO FOR
o RF.C. OflCIA RECORDS FRESNO CONTY PUBLIC STREET PURPOSES PER DOCUMENT NO.2007-0187215 O.R.F,C.
0 1'WILINESS CORAER •Q0.IRON PIPE, O3 A CENTERLINE a EASEMENT PREVIOUSLY DEEDED TO PACIFIC GAS AID30'LONGWIN 6" GGED P$6619. PE PEDESTRIAN EASEMENT NOW OFFERED FOR DEDICATION FOR PUBLIC USE. ELECTRIC CONPANY FOR PUBLIC UTUTIES AND INCDENTAL PURPOSES INDICATES PORTIONS PREVIOUSLY DEDICATED TO RIVERGROV£LAND CO.
� RECORDED NOVEMBER 24,1947 IN BOOK 2568.PAGE 269 OF OAY.O O TON ROAD PURPOSES.RECORDED FEBRUARY 5 1924 IN BOOR 424(..) R C 0 OA A P RORK E $UBOIVI40N N0.3, DUE PUBLIC UTILITY EASEMENT NOW OFFERED FOR DEDICATION FOR PUBLIC USE. (LD/2212-19-0114). PAGE 272 O OROA RECORDS.A50 REFERENaO N BOOK 111,PAGE
RECORDED IN VOLUME 8 OF PLATS AT PACE 79,F.C.R. 338 RECORDED OCTOBER 8.1930 O.R.F.0
vpuE PLANTING AND PUBLIC UTILITY EASEMENT NOW OFFERED FOR DEDICATION BLUE BORDER NDICAlES ME LARi$O THIS StODIVI90N.
RECORD DATA PER SHEET AT OR 27 L THE ON FILE IN THE MAP OF FOR PUBLIC USE. O TOP YESUB C TREE PREVIOUSLY DEDICATED TO TNN CITY O FRESNO
S
OF SAN JOAORN RIVER TILTED APRIL 1991.OR FILE IN ME OFFICES A�Y INDICATES R EASEMENT
NOW
OF ED FO ACCESS RIGHTS. FOR PUBLIC STREET PURPOSES PER 4C.PLANNER AC GARDENS
O ME CALIFDINIA STALE LANDS COMMISSION. (P) DENOTES RADIAL BEARING, wdCATES EASEMENT NON OTEREO FOR OEDICATIOR FOR PUBLIC SMUT SUBDIN40N N0.3,RECORDED Al VOLUME 8 O PLATS AT PAGE 79.TGR.
< > RECORD DATA PER MAP OF HERNDON PMN,RECORDED IN VOLUME 12 'T.f.' TIES ON FRE WITH FRESNO COUNTY SURVEYOR'S OFFICE. 8 AND UTUTY PURPOSES ® NDICAYES PORTIONS NOW OFFERED FOR DEDICATION FOR PUBLIC STREET
Or PLATS AT PAGE 87,FC.R. AND UTILITY PURPOSES,
O CO EASEMENT PREVIOUSLY DEEDED TO SM ENTAL P LIGHT MD POWER {.7 AS AOPUBLICC UUMJrv'EASEME T(SEE SHEET 4). FOR PUBLIC USE
CALC DISTANCES CALCULATED FROM RECORD MMS. MARCH
17.I FON PUBLIC UTILITIES GE 99OF DIL PURPOSES.RE[dtOEO
MARCH 17.1930 IN BOON 2066,PAGE 199 O O.Rf.t.
CR. CORNER RECORD CH FILE WIN FRESNO COUNTY SURVEYOR'S OFFICE.
'moo
par $I FINAL MAP OF
� xa Rar.zx2 us. $ 72 s o
e7Y.,6 _ _ ` $�rarvrx2 11 4 og�� TRACT N0. 5358
SEE SHEET 3 ao ° s t 73 4�'��
1078-106$-d0�- C4 d O G
� $v � � 73 I 1
gn8�ra a $� Amy fd7m $ i ao�
xapsYm'L �� C3 rmr,rssi I o A PLANNED DEVELOPMENT BEING A RESIIBDIVISION
mw OF LOT 8 AND A PORTION OF GOVERNMENT LOT 9
�'a, $;4�gr^sst.�'."` as '— —�` 10"0 '$ 74 sj ! OF SECTION 88,T 39 S.R 19 E MOUNT DIABLO BABE
L,oM
AND MERIDIAN IN THE CITY OF FRESNO
d 122 g.� $ ..R �. a�A prnvE .,A�• ar—w ."!L a4$`a5 1*19 qs,aam. g 'xiar i I FRESNO COUNTY,CALIFORNIA
75 SURVEYED AND PLATTED IN JUNE,8008 BY I.B.A.
sc4 ®r-.-
'S .,+,09 $' i year tarar
, i X31 _ v]a^ sS Tp40 $ �8"D7$, a'• $:' 1arar. saou siM 1 e CO g txiar �I : �t CONSISTING8H1DT4 O!6 SHEETS
�SHEETS
'4' tarar 1e.,e Sabo' ,o'wc a135 '� $j : `ri sono' Stap = Tar,'
QPO EQP� \,o] !, r _gg 133$ 134$"" $f y-E x.af s,otl 76 I
\a 0� 9 $ Cs28 g j xry'•,Gar 9lar stoy W7g-•W6 yy
P G 1 1`�NEST ALANA"a s [9 S 4 ql _ cy 51.ay `3-t148R�' $� ' 99 Igi�YJa'E i
_�S a6.Iro6. $`+" $; +t >aro' soy '$ 8+ SEE SHEET 5 FOR Lh1E,CURVE
I Iw.ro'DRNE :1 1130$i l ar ar40 51ar' Stag 8 K 87,15pg.yW9$;� d Y �, 16aTa txiar I r
SEE CETAL 2;• \ �',a so.ar arxi. g 8+152 8.;4 '4 s].9�-�' \I i ILS tarar # AtsO RADIAL TABLES
78. ,a.,i .\�.W' '�• xx 153 $;4 SLoq- 98 77 $I
E p`=1548,� $N',•• ,1 {( - j$ Sa i
\x st,J' r ,cA.9d 9 S-,56$_155$."t oT1K. N.4�-3,• c L y xgra xaTaYWE
i ✓rin I$ 129tarar mar
x $975
y $ 124$ "„y-'-lovuc c91 ^ sL90' sx si1� o
a 6 sasum'r I i51w seaum'r �" E stop »M tococ t9 $
boar tmar Se y ' !_01J>Z•OT 7 LLIOAS ' jtdf 5iar 8 17101
1 - i i Y13♦ i
B 125 g� $ 128 '7 �* _ WE5 s,:ay_ y10y i69 n0$0 SI 18 ,arar trenrx2 ri IC / ' i 1 �. ' ,6 n \\\
," S ase6urorr I +a or slap 8 168$ $4^ I
%
/ \ n
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9'!i, til ar,g fah.
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,>s90.a 7\. -18 8 t$ 180 8$ xan x' 'v1 larar $ .Z
�'3!e9• 1845'76 'S•loaar ,9119 o xnr9zx2 I \ 1 \ L 2v ¢xs�O T°��
=157 \ \�\`T`1'IJ'�\�J��`•W.9r - `` x,�y. 183.Y/ ��/ 8�.q]W"'a7„ i �5 I �T ,moy I ; 1 I $ $ / 1,
c3.5G, grv�.�Y
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/
/ DETAIL "D
"
7 90 8.rLc L 1' 40'
7,r* �`�C F I e 0
/ n6 $ !x:ar
le 22 8
209
0seeum',il 919 seeroe. ;tN�S\ atT � C,aJ Naa\ r ,moy DETAIL "C"
,aoar 0,$ 84 `
1 0000' ` >S 77, • 10.65' \
yj5S ryryry Y Y- 2Y3 N4r� _ � r4. '•6�� , '. a � g �I SCALE: 7' 30'
$4 Imx'yso I$® Mor J. JNtk•, �• �(y� S xer,Ya2 Y / lbw\
to sm]rm'r$I I x6um'r$8E$- S 214^R35 •Vqn r-tb>g ay,�\ \�'&�• ��T ,o7.9r�
lozx• ><= Y ��o22agqar Y � - �_� 216_.� 7.•Zb.r Asr D. '; � i NON 6 / 1
L t. +\ ! urorra I x68 roYr ,1.19• s�fi 1 s7or m� `56218� �� � `' _ _(.,�_.x-i�.—,,� 't" ` . "an,ao'2 I � ILW „-I
QPPNCp\F\cd�QcGP>PM�yy c?�=Sa I sea o s2l�00,uW,75a4rorr7:$i�lI=y tt" i1Iv$5866,oJ7o7]nar•rr$�QbNZ25.qn -:�'' Cs 8"271=tep.'�'},_22J_y'uFro�'e,c f_a-r JS?,(f 8�'2209at�_ � o.C$<'yn � si\�i� V�••M 7y qr_l]2,y,7s466
�1 8 L57
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SEE OETAL'G'
oo 7s� 7-- T M WES $oo'�o'ttc c
TAC DETAIL "E"
2{$2°Tu Q e „6 8%A58.1948'193&': a seal , 1' 'crn S SEE DETA� SCALE: I'm 30",_-1 -
nl sttl.21t' \
a Jo' 201 ♦ e" 81988' ",tt'-* L so. _ -_ y, Or
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1\ S R r a L nt ETai u, 187
'A
L 17X7'
OETAL E'
527
I
C„ 99 U3 „
DETAIL "F" DETAIL "G"
SCALE: I'- 10' SCALE: i". 30'
FINAL MAP OF
TRACT N0. 5358
A PLANNED DEVELOPMENT BEING A RESUBDIVISION
OF LOT Is AND A PORTION OF GOVERNMENT LOT e
OF SECTION a2,T 18 8,R IS E MOUNT DIABLO BABE
AND MERIDIAN IN THE CITY OF FRESNO
FRESNO COUNTY,CALIFORNIA
SURVEYED AND PLATTED IN JUNE,2006 BY I.S.A.
CONSISTING OF a SHz4NTS
SHEET a OF a SHENTS
CURVE TABLE CURVE TABLE CURVE TABLE RADIAL TABLE LINE TABLE LINE TABLE LINE TABLE
Cl9 NU05 1840. MI. COIOE I NWS I LEG. aLTA I elR I lid I 11WH Mu I BN].6 M Moil; IL1GtN lK K—iG LDGM LME BfN.4O IDGix
Ct ]I CIS Ce9 RI N0 LI L21 L54swuoilly 2000'
C2 5000' 30]7 111 Y6 C. b • 1000' 1550'1 C90 1507 1116' t1•3r R7 N 9'N'E L2 '45'1•• w L55 Y 39
U I CI) C91 ) R3 NTY1996T l7 1 US L56
CI dA 02 RI lMororr u 111.0 IN 1 L57 1•I
LS 1 1•I C19 1 1' [9] 1 11' 11'! RS X8716771 l7 1 121,19 u5 MI I L56 7' 1/'
C6 Cb 1 4' ] C94 1 'I' N6 X3676'11'. Ll 126 1&45' 159 4'I
O WSW C51 Cgs R) M0r21'01'E ❑ 1117. l2] 160 1
CB CSI 1 t'11 C% ]It: • RB NI 15.11 LS riM1 Va L61
C9 5000• C53 I.a ' C97 ]SIV 4352' 1`t: • R9 SIT11 WE L5 1 L. L62 1•1
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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. HARD, Planning age c/TrMANAGER
Planning Division
SUBJECT: CONSIDERATION OF REZON APPL CATION NO. R-04-93 AND
ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT
NO. R-0493/T-5358/C-04-246
KEY RESULT AREA
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-04-93fT-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 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.
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 Agricultural/Bluff
Preservation Overlay District/Urban Growth Management) and the AE-20/UGM (Exclusive Twenty Acre
AgriculturaUUrban 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. 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/sluff
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 COUW .-
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
District/Urban Growth Management
AE-5/1313/UGM
Open Space(Golf Exclusive Five Acre Agricultural/Bluff
East Course) Preservation Overlay Distdct/Urban Growth Riverside Municipal
Management Golf Course
AE-5/BP/UGM
West Light Industrial Exclusive Five Acre Agricultural/Bluff Vacant Agricultural
Preservation Overlay District/Urban Growth Land — -
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 MSIR 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 MSIR 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 MSIR 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-04-93/T-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 District/Urban Growth Management) and the AE-20/UGM (Exclusive Twenty Acre
AgdculturallWban Growth Management) zone districts to the R-1/BP/UGM (Single Family
ResidentiaUBluff Preservation OvedayAftan 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 northeastemmost 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 COUNLIL
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(ingj 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 Pian 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 Pian 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, j
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 S
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 roil-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 comer 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 COUNU,,-
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
Exhibit A, Vesting Tentative Tract Map No. 5358 dated November 16, 2005 and cross
sections of the bluff
Exhibit A-1
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Exhibit A-2
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0 10 20 30 40 50 60 70 00 00 100 110 120 130 140 150 160 170 100 190 200 210 120 230 240 250 260 270 200 290 300
SCALE HORIZ. 1-10'
VERT. 1'-10'
BLUFF CROSS-SECTION A-A
MI. _7ftm TRACT NO. 5358
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Exhibit A-3
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SCALE:►101112. 1'-10'
VERT. '-10'
BLUFF CROSS—SECTION B—B
TRACT NO. 5358
Exhibit A-4
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BLUFF CROSS—SECTION C—C SCALE"MZ1._10.
� TRACT NO. 5358 9T. ' °'
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Exhibit B
Exhibit B, Proposed site plan for Conditional Use Permit Application No. C-04-246
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Exhibit D,
Exhibit D, Bullard Community Plan Vista Point Development Standards
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Exhibit E
Exhibit E, Letter from the San Joaquin River Parkway and Conservation Trust, Inc.
dated December 2, 2004
Exhibit E-1
San Joaquin River
Parkway and
Conservation Trust. Inc.
Send Via Fax,559-488-1020
'77 l
V 4.. ilii
�~ December 6 2004
uy
Arnoldo Rodriquez -'
'�br';?Cc•�i�r4y' •:.�;�.,�� Planning Division City of Fresno
2600 Fresno Street
rt, Fresno,CA 9372
_ Subject: Environmental Assessment for T-5358/UGM,Patriot Homes
x
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 Resident
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 Games
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 Valencia 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
An There should be a minimum 200'wildlife corridor Patrick K+ly.
setback from the low water mark as called out in the Jim Marshall
Lou ILtartinez
-City's General Plan,Policy G-14.d. The recommended M.I 'abofs
buffer in the San Joaquin River Parkway Master Plan, :car°lyn•N°fan
Table 1,for development of this intensity is 600'. '°mas wchardson
p "Ke�nR Stattiartr
The recommended trail corridor is 100' (Policy F.141)and Ral"h Wterhouse
the trail should be setback from intense residential da
na cNattenbarger
JennifeF N/illiamsnn;
Oowtgtg;Aaratf"E IEee
=„Chnst°pEfer R Brawn
`:�eivern€r�orriise��:;�=
PRESERVING THE SAN JOAQUIN RIVER FOR ALL THE VALLEY'S PEOPLE Oavekoehtet,.,,
1550 E.Shaw Avenue, Suite 114-Fresno,California 93710 •559-248-8480-Fax 559-248-8474 -www.riverparkway.org F �Qi�edarr
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&z Associates,fax 559-325-7699
Exhibit F
Exhibit F, Report by Live Oak Associates, dated April 21, 2005 and June 2, 2005
I
Exhibit F-1
LIVE Off. ASSOCIATES,
i 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 locations,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 Jose, CA 95119 -Phone:408-224-8300 -Fax:408-224-1411
Oakhurst Office: P.Q.Box 2697•49430 Road 426, Suite 8 -Oakhurst,CA 93644-Phone: 559-642-4880•Fax:559-642-4383
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 17m 1998),the diameter measured in
inches,stems tallied by size class,examined for the presence of potential VELB exit holes,and
noted for occurrence m 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
Stems Stems Stems Occurrence in Presence and
Shrub 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 R
3 3 0 0 No 0 0 R
4 1 1 2 No 2 0 ft.
5 7 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
3
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Exhibit F-5
iLIVE OAK ASSOCIATES,
, 0, 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 5358, 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 minimize 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 lose Office:6830 Via Del Oro, Suite 205 -San Jose,CA 95119 -Phone:408-224-8300 -Fax:408-224.1411
Oakhurst Office:P.O.Box 2697 •49430 Road 426,Suite 8 -Oakhurst,CA 93644-Phone: 559-642-4580-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 bluff's 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,
(D -4.P4�
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
NT Oic Ty Exhibit G-1 UJIL
v�xa3911VWr.iw.
C S
N o United States Department of the Interior
9 FISH AND WILDLIFE SERVICE
RC 33 '$A Sacramento Fish and Wildlife Office
2800 Cottage Way, Room W-2605
Sacramento,California 95825-1846
In reply refer to:
1-1-05-TA-1773
U-11L��L�,Q V�LJ
SEP 0 6 2005 AUG 3 1 2005
Mr. Arnoldo Rodriguez
SuSupervising Planner .Planning Division
P g Development Department
Planning and Development Deparl=.ent QTY OF FRESNO
City of Fresno
2600 Fresno Street—Third Floor
Fresno, California 93721-3604
Te1559-621-8277 Fax 559498-1012
Subject: San Joaquin River Bluff Edge Projects, Riverfront Ventures, LLC (Site 1:
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 pilosa), the threatened valley elderberry longhorn beetle(Desmocerus
californicits dimorphus), and the endangered San Joaquin kit fox (Yulpes macrotis mutica). In
TAKE PRIDE""—
&T-0101
' �
JNAMERCCA -,
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://www.dfi;.ca.gov/whdab/htmi/cnddb.htmi.
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-Iisted 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: httr)://wNvw.f�,vs.,,ov/pacific/sacramento/es/t)rotocol.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 t 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.fws.�ov/endant-,-ered/hcp/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,
--Uh,-rA
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 longhorn 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 califomicus 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 I973,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 aminal spends most of its life in the larval stage, Iiving 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 aproposed 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 Bee tic
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
I. 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(S) 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, may be 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.
I. 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 SO percent of its height
(whichever is taller) by removing branches and stems above this height. The
trunk and 01 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 offsite,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 ordestroyed)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 1 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 pan 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
steins 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-I 1
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
Conservation Guidelines for the Valley Elderberry Longhorn Beetle
•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 measuring 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 Califomia 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 Val Icy EIderberry 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 yeas 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, Califomia 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
941 l 8) 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 determination as to the
11
Exhibit G-16
Conservation Guidelines for the Valley Elderberry Longhorn 8ectic
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
Conserv ation Guid el ines for the V alley Elderb erry Longh orn Bee tle
I
a
• r t•• 1.4R
7Pt=wa t:>�otek.VRIInJ BJdab.rr7lm�a D..fL
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 Ratio' Ratio
(quantify)'
non-riparian stems>= t" &=<3" No: 1:1 1:1
Yes: 2:1 2:1
non-riparian stems>3" &<5" No: 2:1 1:1
Yes: 4:1 2:1
non-riparian stems>=5" No: 3:1 1:1
Y es: 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 1:1
Yes: 6:1 2:1
riparian stems>-5" No: 4:1 I: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.
1 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
i
Exhibit H
Exhibit H, Cultural Resource Study (Varner Associates), dated April 2005
STATE OF CALIFORMA--BUSINESS_TRANSPOR )N AND_HOU M AGENCY ARNOLD SCHWARZEM j a t'nve..W
DEPARTIVIENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE
P.0.BOX 12616 Exhibit 1-1
FRESNO,CA 93778-2616
PHONE (559)445-6666
FAX (559)488-4088 I' (� Fle energy
e ient!
TTY (559)488-4066 J Be ever y efjtcient!
February 23,2005 '
2131-IGR/CEQA
6-FRE-99-31.4+/-
��"i�r' 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 23I-lot single-family residential project located on the
northwest corner 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 staff's recommendations to the Planning
Commission and the City Council. If you have any questions,please call me at(559)445-6666.
Sincerely,
w
MOSES STITES
Office of Transportation Planning
District 06
C: Ms. Barbara Goodwin, Council of Fresno County Governments
."Caltrans improves mobility across California"
TATE OF CAL(FORMA-8USINESS,T ANSPORTATIr"'AND HOUSINQ AGENCY ARNOLD SCHWARZENF[;G .GOvemor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE
P.0.BOX 12616 Exhibit 1-2
FRESNO,CA 93778-2616
PHONE (559)445-6666 Fleryourpower!
FAX (559)488-4088 Be energy efficient!
TTY (559)488-4066 U_U
March 8, 2005 MAR 0 9 2005
Planning Division 2131-IGR/CEQA6-FRE-99-31.4+/-
Development Department
Ci r V OF FRESNO C-04-246,R-04-93 &T-5358
PATRIOT HOMES
TRAFFIC IMPACT STUDY
Mr. Amoldo 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 comer of North Josephine Avenue and North
Riverside Country Club Drive..Caltrans did not receive a copy of the August 2004 TIS until
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 mitigated
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 project from providing an environmental review of the project's impacts. In the
October 23,2401 Fresno.City Council Workshop's "Thresholds of Signific_arice handout on
CEQA,presented by City Pianning.S%ff, it.is siated..that: y
"Accordingly, at least two.courts have held that conformity with a general pian 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 Cal.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 ai 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 I 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(Ts)
P=T/(Te•TE)
Construction Cost(C) +
Costper tri � 5 c
Trips generated T)
Miti ation $17,850 $6,426 ;'::$24,276:
Note
r ¢ Cost based on previous mitigation estimates(Hemdon/Golden State TIS).
Trips trace (Tract 35t},TIS iting, Wc"August 19, 2004)
53x8 Pe�evs E���.eer'� G,,,o„p
Office of Traffic Engineering
3/3/2005
Exhibit 1-5
co
0 trips
� o
18 trips � 1
Herndon Avenue
Grantland Avenue
18 trips
34 trips
O � .
go �
m � '
Z �
'O
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:
1. Park and ride facilities on site or within the proximity of this project.
2. A study of the general accommodation and provision of mass transit in this area to
provide insight on ways of increasing transit usage.
3. Exploring the potential of commuter shuttles. The shuttle could be financed through
an assessment district and provide a way for individuals to utilize a park-and-ride
facility or commercial area parking lot and be shuttled to various commercial/office
centers within the area. Commuters who need to go further could use City of Fresno
transit if the City planned for convenient connections. This may help to reduce the
Single Occupancy Vehicle (SOV)demand seeking to use the State Highway System.
4. Providing for continuity of non-motorized transportation.
5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit
passes for employees as well as including as a condition of project 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 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. 53581UGM
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 Pian, 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 tot 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.5358iUGM
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 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.
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 fencelwall 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 (a// 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 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 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 Il 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. 53581UGM
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 comers within the limits of the
tract. Where street furniture is located within the sidewalk area (fire hydrants,
streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to
satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian
easement to accommodate for the 4-foot minimum unobstructed path requirement.
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 pians 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 pattem 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.
ANTERIOR 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 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
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.
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-ties)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 Govemment Code
Section §§ 66400, of 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 $5471gross 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
K\Master Files-Tract MapsC5300 to 5399 maps\Tract 5358 Arriddo Rodriguez(R-04-93 3 C-04-246)\PC,CC COXs1PC on Nov.161COA-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 comer of North Josephine Avenue and North Riverside
Country Club Drive, south of the San Joaquin River bluff
5. Existing Zoning: AE-5BP/UGM(Exclusive Five Acre Agricuitural/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.
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 LISTE'b IN THE CORRECTION LIST PROVIDED BYTHE 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 priorto 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 Arnoido Rodriguez at (559) 621-8633 or via e-mail at
Amoldo.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 Govemment 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 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
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 Rriorto 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 cannot be
issued until the UGM requirements have been satisfied.
PART D -PLANNINGIZONING 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/B/uffPreservation 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 roil-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:
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 CCBR'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 orcovenants restricting extedorcolors 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.
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 intemally 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 EA 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 REgUIREMENTS
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 FRESNO MITIGATED NEGATIVE DECLARATION RECEIVED
Initial Study is on file in the Planning and Environmental 2005 AN 10 PM 4: 50
Development Department,City Hall, Assessment Number.
2600 Fresno Street, Fresno, California 93721 R-04-93/T-5358/C-04- CITY CLERK, FRESNO CC
(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& 504-130-13
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 corner 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-201UGM (Exclusive Twenty Acre Agricultural/Urban
Growth Management) zone districts to the R-1/BP/UGM (Single Family
ResidendaMuff Preservation Oveday/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 spec 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: ust 10,2005 GILBERT J.HARD,Planning Manager
PLANNING AND DEVELOPMENT DEPARTMENT
KtMaster Files-Tract MapmTract 5358 Arnaldo Rodriguez(R-04-M&G04246J1 Aborted Neg Dec Cover wpd
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POLICY NUMBER: LE001009437056 COMMERCIAL AUTO
PIC ENT 1095 0512
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
EARLIER NOTICE OF CANCELLATION/NON-RENEWAL PROVIDED BY
US FOR DESIGNATED PERSON OR ORGANIZA'T'ION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
Person(s) or Organization(s) Address
City of Fresno 5607 W.Jensen
Fresno, CA 93706
A. If we cancel this policy for any statutorily permitted reason other than
nonpayment of premium, the number of days required for notice of cancellation,
as provided in the Conditions Section of this insurance, or as amended by any
applicable state cancellation endorsement applicable to this insurance, is increased
to 30 days.
B. If we do not renew this policy for any statutorily permitted reason other than
nonpayment of premium, the number of days required for notice of nonrenewal,
as provided in the Conditions Section of this insurance, or as amended by any
applicable state endorsement applicable to this insurance, is increased to 30.
C. We will mail notice of cancellation or nonrenewal to the person(s) or
organization(s) shown in the schedule above 30 days before the effective date of
the cancellation or nonrenewal.
POLICY NUMBER: LE001009437056 COMMERCIAL AUTO
PIC ELFT 1015 0909
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
1. SECTION II.A.1 -WHO IS AN INSURED is amended to include any person(s)or
organization(s)for whom you have agreed in a written contract to provide insurance but only for
damages:
a. Which are covered by this insurance; and
b. Which you have agreed to provide in such contract.
2. The limits of insurance afforded to such person(s) or organization(s) will be:
a. The minimum limits of insurance which you agreed to provide, or
b. The limits of insurance of this policy
whichever is less.