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HomeMy WebLinkAboutT-5380 - Conditions of Approval - 11/20/2006 City ,\u, REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. 11X-B COMMISSION MEETING 7-20-05 July 20, 2005 APPROVED BY FROM: STAFF, Planning Division e, Planning and Development Department DEPARTMENT DIRECTOR SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5380/UGM, CONDITIONAL USE PERMIT APPLICATION NO. C-04-198 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. C-04-198/T-5380 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5380/UGM and Conditional Use Permit Application No. C-04-198, filed by Jamie M. Gonzalez, proposes the development of approximately 4.2 acres of R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zoned property located at 6161 West Spruce Avenue, on the southwest corner of West Spruce and North Hayes Avenues. Vesting Tentative Tract No. 5380 proposes to subdivide the subject property into a 12-lot multiple family residential planned development with one outlot. Conditional Use Permit Application No. C-04-198 is a request to develop the subdivision with 48-multiple family dwelling units, common areas, landscaping and private streets maintained by an association. The applications are in conformance with the 2025 Fresno General Plan and Bullard Community Plan, pursuant to Section 12-403-B-2 of the Fresno Municipal Code. PROJECT INFORMATION PROJECT A 12-lot multiple family residential subdivision to be developed at an overall density of 11.4 dwelling,units per acre. The planned development will have private streets, 1 outlot for common area, landscaping and access maintained by an association. APPLICANT Jamie M. Gonzalez (Engineer: Harbison International, Inc.) LOCATION 6161 West Spruce Avenue, on the southwest corner of West Spruce and North Hayes Avenues (APN: 503-020-08). (Council District 2, Councilmember Calhoun) SITE SIZE 4.2 acres (APN: 503-020-08) LAND USE Existing - Vacant Proposed - Multiple Family Residential ZONING Existing - R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) PLAN DESIGNATION The proposed 12-lot multiple family residential planned development AND CONSISTENCY subdivision is consistent with the existing 2025 Fresno General Plan and the Bullard Community Plan designation of the site for medium-high density residential land use (10.38 to 18.15 units per acre) and the R- 2/UGM zone district. ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10103) dated June 29, 2005 PLAN COMMITTEE The Bullard Area Community Plan Advisory Committee, at its RECOMMENDATION meeting on March 28, 2005, recommended approval of the vesting tentative tract map and conditional use permit applications. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5380/UGM Conditional Use Permit Application No. C-04-198 July 20, 2005 Page 2 STAFF Approve the vesting tentative tract map and conditional use permit RECOMMENDATION applications subject to compliance with the conditions of approval, dated July 11, 2005. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium Density R-1/UGM Single Family Residential Residential Single Family Residential/Urban Growth (Tract 4213) Management South Neighborhood Commercial C-1/EA/UGM/cz Vacant Use Neighborhood Shopping CenteNExpressway Areal Urban Growth Management/conditions of zoning East Medium Density R-1/UGM Single Family Residential Residential Single Family Residential/Urban Growth (Tract 4148) Management West Commercial Office S-UEA/UGM Vacant Storage/Limited, Mini Storage/Expressway AreaJUrban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. C-04-198/T-5380 considered potential environmental impacts associated with the subject conditional use permit application and vesting tentative tract map request. The study indicates that the project, if approved, would conform to the medium high density residential planned land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MSIR No. 10130) dated June 29, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published with no comments received within the 20-day review and comment period. BACKGROUND / ANALYSIS The applicant, Jamie M. Gonzalez, has filed Vesting Tentative Tract Map No. 5380/UGM and Conditional Use Permit Application No. C-04-198 for 4.2 acres of R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zoned property located at 6161 West Spruce Avenue, on the southwest corner of West Spruce and North Hayes Avenues. Vesting Tentative Tract No. 5380 proposes to subdivide the subject property into a 12-lot multiple family residential planned development with one outlot. Conditional Use Permit Application No. C-04-198 is a request to develop the subdivision with 48 multiple family dwelling units, common areas, landscaping and private streets maintained by an association. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5380/UGM Conditional Use Permit Application No. C-04-198 July 20, 2005 Page 3 According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the existing medium-high density residential designation allows for 10.38 to 18.15 dwelling units per acre. The proposed 12-lot multiple family residential subdivision is to be developed at an overall density of 11.4 dwelling units per acre. This proposed multiple family residential planned development is consistent with the existing 2025 Fresno General Plan and the Bullard Community Plan designation of the site for medium-high density residential land use (10.38 to 18.15 units per acre) and the R-2/UGM zone district Surrounding land uses are characterized by single family residential dwelling units to the north and east. Neighborhood commercial and office planned land use has been adopted for the vacant property to the south and west. Bullard Community Plan Citizens' Advisory Committee The Bullard Community Plan Citizens' Advisory Committee reviewed the proposed tentative tract map and conditional use permit applications at its meeting on March 28, 2005, and recommended approval of the proposed project. Circulation Element Plan Policies and Major Street System Traffic Capacity According to the 2025 Fresno General Plan Transportation Element (Exhibit 7), West Spruce and North Hayes Avenues are defined as collector streets (two travel lanes in each direction), which will require dedication of right-of-way and construction of improvements. These improvements include the construction of curb, gutter, sidewalk and transition paving within the limits of the tract, construction of an underground street lighting system, and improvements to the street frontage. The Public Works Department Transportation Planning Section has reviewed the vesting tentative tract map and conditional use permit applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of West Spruce and North Hayes Avenues, and all interior streets. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. T- 5380/UGM Conditions of Approval, dated July 11, 2005. The Public Works Department staff has concluded that this project will not cause unanticipated impacts upon the city's transportation system and that project impacts are mitigable through the city's standard Urban Growth Management (UGM) process and project requirements for developments that abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the development will be required to install improvements and to pay fees toward development of the major street system consistent with the Public Facilities Element of the general plan and will be required to participate in the installation of traffic control measures (e.g., signals, stop lights, etc.) installed per UGM policies and ongoing traffic studies. State Department of Transportation (Caltrans) The Caltrans staff has submitted the attached comments dated March 2, 2005, indicating that the proposed project in and of itself, is not expected to create significant impact the state highway system. Staff has considered Caltrans' comments in preparing the initial study and determined that this project does not create any impacts, including cumulative impacts that were not identified in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5380/UGM Conditional Use Permit Application No. C-04-198 July 20, 2005 Page 4 Although the City has met its legal obligations for addressing impacts to the state highway system for purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway system for projects such as this one. At this time, the City does not have a legally permissible means for collecting fees for such a purpose. A legally permissible means for collecting impact fees under the Mitigation Fee Act (California Government Code §§ 60000, et seq.), among other things, would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study of state highway facility capacity and measures needed to preserve and improve capacity of those facilities. A Partnership in Planning grant has been obtained to complete a regional freeway deficiency study for the greater Fresno-Clovis-Madera Metropolitan area. This study focuses on facilities projected to be most impacted by projected increases in traffic, identification of the sources and patterns of vehicle traffic within the greater metropolitan area and the improvements that would be necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be implemented by cities and counties in the study area, upon adoption by the respective jurisdictions. In addition to a proportionate share study, a mechanism would be needed for the City to collect traffic impact fees and either hold those funds or deliver them to a separate agency for improvements to facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in developing such a mechanism, including using the model used by the City for collecting fees for FMFCD and/or entering into a Joint Powers Authority or an MOU. Staff representatives of the City of Fresno and Caltrans continue to conference in order to identify a mutually agreeable strategy to implement a fair and equitable traffic impact fee for state highway facilities. Conditional Use Permit Application No. C-04-198 Conditional Use Permit Application No. C-04-198 was filed in conjunction with Vesting Tentative Tract Map No. 5380/UGM to allow the subdivision to be developed as a 12-lot planned development with 48- mutiple family dwelling units, common areas, landscaping and private streets maintained by an association. There are two entrances to the subdivision: one from West Spruce Avenue and one from North Hayes Avenue. There is 1 outlot proposed as a common area within the subdivision, in addition to the 12 lots which will be developed with four multiple family dwelling units per lot. Outlot A as shown on Exhibit"A" dated August 11, 2004, will be landscaped. The proposed four multiple family residential unit within each proposed lot will provide approximately 1,128 square feet of living space, designed as a two-story structure with stucco and tile roof, garage, patio and porch areas, as shown Exhibits B, B-1, B-2, B-3 and B-4, dated, August 11, 2004. The proposed streets, sidewalks on one side of the street, all landscaping and common area will be maintained by an association. Landscaping/Walls The Bullard Community Plan will require dedication, installation, and maintenance of 10 feet of landscaping along all lots that back or side onto West Spruce and North Hayes Avenues. A solid wall at the rear of the required setback along West Spruce and North Hayes Avenues will mitigate the adverse effect of noise generated by vehicles traveling on the adjacent major streets. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5380/UGM Conditional Use Permit Application No. C-04-198 July 20, 2005 Page 5 Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2- 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the Bullard Community Plan designates the site for medium-high density residential land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems because the conditions of approval have shown and will ensure that the subdivision conforms with City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Conditional Use Permit Findings Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code (FMC) can be made. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5380/UGM Conditional Use Permit Application No. C-04-198 July 20, 2005 Page 6 FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features, and, Firtdtrtg�B.Ak,, The subject site is approximately 4.2 acres in size and has an adequate amount Of area, if � a developed in accordance with the project's site plan, to meet all applicable requirements of the Code and as established in the Special Permit Conditions of Approval dated July 11, 2005, ra including yards, spaces, walls and fences, parking, landscaping and other required features. b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, irindtng b ; Staff from the Transportation Planning section of the Public Works Department has estimated that the proposed development will generate approximately 30 peak hour trips which can be accommodated by the adjacent streets. The proposed project will construct the required improvements necessary for the traffic generated by the project. .ie ,.,.w...x..,.c. : az" r.�am ; . _`F . T . c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision-of-Section 12-306-N-30 of-this-Code. Ffrtdtng C:Y The staff of the Planning and Development Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various V� conditions/requirements established through the related tentative tract map application review and conditional use permit application review process I 71, au .._. 2"! v.xs*s s'r .....w.nr...,.....o.�,.....a.�.�n...._1-,.J CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. T-5380/UGM dated August 11, 2004, and the Conditions of Approval for T-5380/UGM dated July 11, 2005. 2. Development shall take place in accordance with Conditional Use Permit Application No. C-04-198 exhibits, dated August 8, 2004, and the Conditions of Approval for C-04-198 dated July 11, 2005. Action by the Planning Commission regarding the proposed tentative tract map and conditional use permit applications, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 5380/UGM and Conditional Use Permit Application No. C-04-198 are appropriate for the project site. Therefore, staff recommends that the Planning Commission: REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5380/UGM Conditional Use Permit Application No. C-04-198 July 20, 2005 Page 7 1. APPROVE Environmental Assessment No. C-04-198/T-5380 dated June 29, 2005 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. APPROVE Vesting Tentative Tract Map No. 5380/UGM subject to compliance with the Conditions of Approval dated July 20, 2005. 3. APPROVE Conditional Use Permit Application No. C-04-198 subject to compliance with the Conditions of Approval dated July 20, 2005. Attachments: Vicinity Map Aerial Photograph of Site Tentative Tract Map No. T-5380, Exhibit A, dated August 11, 2004 Conditions of Approval for T-5380/UGM dated July 20, 2005, including letters from Fresno Metropolitan Flood Control District(3/17/05), San Joaquin Valley Air Pollution Control District (3/16/05),Central Unified School District (3/29/05) Memorandum form Public Works -Traffic Division (3/11/2005) Conditional Use Permit Application No. C-04-198, Exhibit B, B-1, B-2, B-3 and B-4 dated August 11, 2004 Conditions of Approval for Conditional Use Permit Application No. C-04-198 dated July 20, 2005 Letter from the California Department of Transportation (Caltrans) dated March 2, 2005 Environmental Assessment No. C-04-198/T-5380, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), dated June 29, 2005 s: MINARETS MINARETS i I '11 W 2 1 k1lia CHENNAULT z CHENNAULT 4 C BIRCH BIRCH rn ! ! W ,.r Q SPRUCE r I LOCUST 3 m FALLON W } _ FIR FIR O 0 2 r G LEGEND Subject Property U.GLM.Area VICINITY PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO. 5380/UGM N DEPARTMENT CONDITIONAL USE PERMIT NO. C-04-198A.P.N.:503-020-08 W t; ZONE MAP: 1744 Southwest corner Spruce and Hayes Aves. NOT To SCALE BYIDATE: J.S./ 3-1-05 �lee��{` yam Ig ` aY �.,J 5•� t qrp�, ` �,'fey " t �'�+" �•"+. s 6 �,ay 7,E" ' 8;,� WZ 6w r":.`�"x�t r,xxrc $. ,`gy. ^{3Y +, a�;k�'Yaf « x�'1 { .�,, i c >�.. x A sxt'�sed-♦ NZMal z 7ei°„ ." x r �-• a SANS r °� �c. 'xice' """' £ ° v hd jm,;:� 5Y`4-�+ x-�r kL +ad+F a t .{a� a•,.�* 4� ' ,��s��iSa "" h't„ ', a�• � " , ta� �� 'eY"'3.'� ,� 'hu4���`' �°q'�rii�,� .�.,A+, R sin. � •�+ . �_� �1 ,Y a� •# eA'`�. 'iYt`t.'�"$`a � � ,� � t �' �� �I � � 3 "d✓ � x'4"1 • n. AV x. WrwAr >0' 40 low, W. } t R )r 4 a yP a J gai .} r �1^�°'a t,i" %q�p ty i��� • �qp tl nC A A kY fl ■ "'"� - i pip � �r.� ♦ xt �9',", mak./ X �/s t f a>N t �.L1/ .�,.d.' '. 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NofF C43 1.-- v 1aN 1-1 � GLt ip'» � ��,IoaM M�rFS A c M \) t? ba Q ICb 'm0 >s a _ �N o3 m� F // Z s O r o 4 s a o„z o 9 � b E 9 �xA�c yw�err�s TENTATIVE SUBMMIONN g" f���L- / PLANNED UNIT DmLoP[�NC Spruce '��..'�'�'s ». . _— B ENS Gardens �"U SPRUCE �- 3 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12245 The Fresno City Planning Commission at its regular meeting on July 20, 2005, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS,Vesting Tentative Tract Map No.5380/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 12-lot multiple residential planned development with one outlot on approximately 4.2 acres of land located at 6161 West Spruce Avenue, on the southwest corner of West Spruce and North Hayes Avenues; and, WHEREAS,the Bullard Area Community Plan Advisory Committee reviewed the application on March 28, 2005, and recommended approval of the tentative tract map; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated July 20, 2005; and, WHEREAS,the Fresno City Planning Commission conducted a public hearing on July 20,2005,to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED, that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No.5380/UGM may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)dated June 29, 2005, prepared for Environmental Assessment No. C-04-198lT-5380. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and the Bullard Area Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5380/UGM subject to the Planning and Development Department Conditions of Approval dated July 20, 2005. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes - Vang, Cherry, Dibuduo, Brand, Kissler, and Vasquez Noes - None Not Voting - None Absent - None DATED: July 20, 2005 NIC P. YOVINO, Secretary Fre o City Planning Commission Resolution No. 12245 Vesting Tentative Tract Map No. 5380/UGM Filed by Harbison International, Inc. on behalf of Jamie M. Gonzalez Action: Approve with conditions KWASTER FILES-TRACT MAPS\TRACT 5380(C-04-198)\T-5380-PC RESO.DOC FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12246 The Fresno City Planning Commission, at its regular meeting on July 20, 2005, adopted the following resolution relating to Conditional Use Permit Application No. C-04-198. CONDITIONAL USE REQUESTED: Construct on twelve (12) lots, 48-multiple family dwelling units, common areas, landscaping and private streets maintained by as association. PROPERTY LOCATION: 503-020-08 PROPOERTY DESCRIPTION: 6161 West Spruce Avenue, on the southwest corner of West Spruce and North Hayes Avenues. EXISTING/PROPOSED ZONING: R-2/UGM(Low Density Multiple Family Residential/Urban Growth Management) zone district WHEREAS, the Bullard Area Community Plan Committee reviewed the application on March 28,2005, and recommended approval; and, WHEREAS, the Fresno City Planning Commission during its July 20, 2005, meeting, reviewed and considered the subject conditional use permit application relative to the staff report and the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130) dated June 29, 2005, issued for the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Conditional Use Permit No. C-04-198 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 29, 2005. BE IT FURTHER RESOLVED, that the Fresno City Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. BE IT FURTHER RESOLVED that Conditional Use Permit Application No. C-04-198 is approved, subject to the following conditions, incorporated in said conditional use permit file: 1. Development shall take place in substantial conformance with Exhibits A, B, B-1, B--2, B-3 and B-4, dated August 11, 2004. 2. Development shall take place in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-04-198 dated July 20, 2005. Planning Commission Resolution No. 12446 Conditional Use Permit No. C-04-198 July 20, 2005 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes - Vang, Cherry, Dibuduo, Brand, Kissler, and Vasquez Noes - None Not Voting - None Absent - None r-- DATED: July 20, 2005 NIC P. YOVINO, Secretary Fres o City Planning Commission Resolution No.12246 Conditional Use Permit No. C-04-198 Filed by Harbison International, Inc. on behalf of Jamie M. Gonzalez Action: Recommend Approval KAMASTER FILES-R-05-13\C-05-62 PC RESO.DOC CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JULY 20,2005 VESTING TENTATIVE TRACT MAP NO. 5380/UGM 6161 WEST SPRUCE AVENUE SOUTHWEST CORNER OF WEST SPRUCE AND NORTH HAYES AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5380/UGM entitled Exhibit A, dated August 11, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 2 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. Landscaping and Walls 10. Pursuant to Fresno Municipal Code Section 12-306-N-23, the developer/owner shall provide a 10-foot landscape easement (and irrigation system) along the property lines of lots which back-onto or side-onto West Spruce and North Hayes Avenues. 11. Pursuant to Fresno Municipal Code Section 12-306-H, the developer shall construct a solid masonry wall or approved combination of earth berm (at finished grade of proposed site) at the rear of the required setback along West Spruce and North Hayes Avenues to mitigate the adverse effect of noise generated by vehicles traveling on the adjacent major streets. 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. Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 3 12. 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. 13. The long term maintenance of the following items are the ultimate responsibility of the owner/developer. If approved by Council, the following features may be maintained by a Community Facilities District. a. Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street and landscape easements within West Spruce and North Hayes Avenues and bordering the tentative map. b. Maintenance of all Sidewalks and Street Furniture within West Spruce and North Hayes Avenues and bordering the tentative map. c. Maintenance of all Street Lights as approved by the Public Works Department within West Spruce and North Hayes Avenues and bordering the tentative map. d. Maintenance of all Street Trees as approved by the Public Works Department within West Spruce and North Hayes Avenues and bordering the tentative map. 14. Construction plans for all features to be maintained by a CFD shall be included in the final map submission to the Planning and Development Department for processing. 15. Should the owner/developer choose to not be included within a CFD for the maintenance of the items listed in section 1 above, the property owner/developer shall privatize all common areas, within the tentative map and provide for the maintenance of all of the above items by the property owners. 16. 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. 17. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 13, above, then the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 4 18. 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. 19. Outlot A shall be used for common area as shown on Exhibit A, dated August 11, 2004. Building Setbacks 20. Building setbacks shall be in accordance with the R-2 zone district as shown on Exhibit "A" of Tentative Tract Map No. 5380/UGM, dated August 11, 2004, and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. Information 21. Vesting Tentative Tract Map No. 5380/UGM is subject to Planning Commission approval of related Conditional Use Permit Application No. C-04-198. 22. 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. 23. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 24. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 25. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 26. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 27. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 5 28. 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. 29. 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. 30. 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. 31. The subdivider shall comply with Regulation Vill of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 32. 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). FIRE SERVICE 33. This project is within three miles from City of Fresno Fire Station No. 14. Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 6 34. Two means of ingress/egress must be provided. This access must be maintained during all phases of development. 35. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. SOLID WASTE SERVICE 36. The owners, lessees or other tenants of the residential dwellings will be serviced as a Multi- Residential property with Bin Service. Trash enclosures shall be available in areas that are centrally located within the tract. 37. Three, two-cell trash enclosures are required. Trash enclosures shall be built to the current standards of 22' X 10' 8". The locations shown on Exhibit B, dated August 11, 2004, are acceptable. 38. The owners, lessees or other tenants of the residential dwellings shall provide at least 24 cubic yards of solid waste service for this property. This is the minimum required for a 48 unit multi-residential property. 39. Designate by stripping no parking in front of the trash enclosures. STREETS AND RIGHTS-OF-WAY 40. 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. 41. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 42. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Public Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, c. Landscape and irrigation plans (median island and street trees within all parkways). Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 7 43. 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. 44. 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 (West Spruce and North Hayes Avenues) streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68- 187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 45. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. Frontage Improvement Requirements: Exterior Streets: West Spruce Avenue: Collector 46. Dedicate 47'-51' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 47. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 48. Construct a concrete driveway approach to Public Works Standard P-2, P-4 (30' minimum to 35' maximum). 49. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub-division. 50. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for collector streets. 51. Relinquish direct vehicular access rights to West Spruce Avenue from all lots within this subdivision. Haves Avenue: Collector 52. Dedicate 48' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 53. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 8 54. Construct a concrete driveway approach to Public Works Standard P-2, P-4 (30' minimum to 35' maximum). 55. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub-division. 56. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for collector streets. 57. Relinquish direct vehicular access rights to North Hayes Avenue from all lots within this subdivision. Interior Streets: Private Specific Mitigation Requirements: 58. This tract will generate 25 a.m./30 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the generation rates as set forth in the latest edition of the ITE Generation Manual. Refer to the adopted master Fee Schedule for fee rate. This fee shall be paid a the time of building permit. 59. 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. 60. Reconfigure interior curbs adjacent to the south property line per the Public Works, Traffic Planning Section memorandum attachment dated March 11, 2005. 61. Provide 10' minimum visibility triangle at all ingress/ingress locations. UGM Requirements: 62. This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees. 63. Install a signal pole with a 150-watt safety light to Public Works Standards at the southwest corner of West Spruce and North Hayes Avenues. STREET NAMES 64. Vesting Tentative Tract Map No. 5380/UGM is subject to Street Name Review, dated March 11, 2005. 65. New street names for private streets must be unique to the County of Fresno and must not have the suffix of avenues, road, or street. SANITARY SEWER SERVICE Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 9 66. The nearest sanitary sewer mains capable of serving the project are a 10-inch sanitary mains located in North Hayes Avenue and an 8-inch sanitary main located in West Spruce Avenue. 67. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 68. Separate sewer house branches shall be provided for each lot created. 69. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 70. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for any proposed additions to the sanitary sewer system. 71. The project developer should contact Wastewater Management Division/Environmental Services (559) 621-5100 regarding conditions of service for special users. 72. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal; Code Section 9-505.1 and 9- 505.2. Sewer facility Charges consist of two components, a Wastewater Facility Charge and a Trunk Charge where applicable. 73. Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on metered (water or sewer effluent) usage. The developer may contact the Department of Public Utilities (559) 621-8554 to receive an estimated cost of the Sewer Facility Charges applicable to the project (based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rate in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates (flow) and loading [BOD/TSS levels] required for calculating the estimated charges. Urban Growth Management Requirements 74. Payment of appropriate sewer connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. These payments include the following: Sewer Lateral Charge; Oversize Sewer Area #19, Trunk Sewer Charge (Grantland); and, Wastewater Facilities Charge (residential only). WATER SERVICE 75. The nearest City of Fresno water mains capable of serving the project are 16-inch water mains located in West Spruce and North Hayes Avenues. The following conditions are required to provide water service to the tract. 76. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 10 77. Separate water services with meter boxes shall be provided to each lot created. 78. 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. 79. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 80. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. 81. Payment for installation of water service(s) and/or meter(s) and wet-tie(s)is required. 82. Payment of appropriate UGM Water Supply Area: 201 s fees. 83. Payment of appropriate water connection charges at the time of final map approval subject to deferral to issuance of building occupancy permit as appropriate. STREET TREE REQUIREMENTS 84. Development shall occur in accordance with the attached memorandum from the Public Works Department, dated March 16, 2005. FLOOD CONTROL AND DRAINAGE 85. 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 March 17, 2005. 86. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 87. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated March 16, 2005, for Vesting Tentative Tract Map No. 5380/UGM. The subdivider shall comply with the San Joaquin Valley Air Quality Pollution Control District Rules, including Regulation VIII for the control of particulate matter Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 11 and fugitive dust during construction of this project (refer to the letter from the District dated March 16, 2005), and the subdivider and successor's in interest shall conform to the Indirect Source Review Rule as may be adopted. CENTRAL UNIFIED SCHOOL DISTRICT 88. The developer/owner shall comply with the requirements in the letter from the Central Unified School District dated March 29, 2005, for Vesting Tentative Tract Map No. 5380/UGM. 89. Contact the Fresno Unified School District for their requirements and/or fees. 90. Install concrete sidewalks/curbs/gutters on both sides of the interior streets for proposed subdivision in a manner consistent with the existing subdivisions in the area and to City Standards. 91. Install a permanent school bus pull-out located along the perimeter avenue per the attached design drawing. The District is willing to work with the Developer to determine the location of this permanent school bus pull-out. RIGHT-OF-WAY ACQUISITION 92. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 93. 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. 94. 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. 95. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 96. 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, Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 12 appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 97. 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. 98. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. DEVELOPMENT FEES AND CHARGES 99. This project is subject to the following fees and charges: FRESNO METROPOLITAN FLOOD CONTROL DIST. FEE / RATE a. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. Rates increased as of November 2004 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) c. Oversize Charge* $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charger $419/living unit Service Area: Grantland e. Wastewater Facilities Charge.6 $2,119/living unit WATER CONNECTION CHARGES FEE RATE f. 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. g. Frontage Charge* $6.50/lineal foot Conditions of Approval Vesting Tentative Tract Map No. 5380/UGM July 20, 2005 Page 13 h. Transmission Grid Main Charge* $804/net acre (parcels under 5 gross acres) i. Transmission Grid Main Bond Debt Service Charge w► $304/net acre (parcels 5 gross acres) j. UGM Water Supply Feer Service Area: 201s $407/living unit DEVELOPMENT IMPACT FEE FEE RATE k. Traffic Signal Charge* $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE I. UGM Fire Station Capital Fee* $547/gross acre Service Area: 14 m. UGM Park Fee* $2459/gross acre Service Area: 5 n. Major Street Charge* $2798/adj. acre Service Area: C/D-2 o. Major Street Bridge Charge* $94/adj. acre Service Area: C/D-2 Notes: + Due at time of development * Deferrable through Fee Deferral Covenant. IV Due at time of subdivision. KAMaster Files-Tract Maps\Tract 5380 Kevin Fabino(C-04-198)\T-5380-COA.doc File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mi Mr. Gil Haro, Planning Manager' EXPLORE GENERAL Planning & Development Department JAMIE GONZALEZ City of Fresno 4321 N. WEST AVE., STE 101 2600 Fresno Street FRESNO, CA 93705 Fresno, CA 93721 MAP NO. 5380 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " EG - DRAINAGE AREA EG $26,536.00 DATE DRAINAGE AREA - - —T TOTAL FEE $26,536.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to w approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: O a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5380 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to West Spruce Avenue and/or North Hayes Avenue. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through existing District facilities. X d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 5380 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of compliance. ■ b. State General Permit for Storm Water Discharges Associated with Industrial Activities, Z April, 1997 (available at the District Office.) A State General Industrial Permit is Z required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant 'vindicators, and annually submit a report to the State Board. 5380 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. g. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. AA42222=� Gerald E. Lakeman, Project Engineer: Rick y ns District Engineer C: HARBISON INTERNATIONAL, INC. 2755 E. SHAW AVE., STE 101 FRESNO, CA 93710 5380 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document I , W / NOTE: > THIS DRAWING IS SCHEMATIC, Q , DISTANCES ARE APPROXIMATE. I Z I � BASIN "EG" i o I z , SPRUCE rii AVE. Vliii F= ' I v I Lj > I y, Q I I I \\ II I \ � cin I I \ I II --------------J II 49 I I D I 00 I r I l'- I I V) Of I I I L.J Q I I I Q I I II 2 I I I I I II I I I I- II I -------------------------------- I , I ti HERNDON AVE. LEGEND MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER OF CUP 2001-149 PIPELINE (SIZE SHOWN) & INLET. — — EXISTING MASTER PLAN FACILITIES FUTURE MASTER PLAN FACILITIES DIRECTION OF DRAINAGE EXISTING TYPE "E" INLET(SLOTTED LID TO BE REPLACED WITH NEENAH R-3308 LID) SCALE 1"=300' ------ INLET BOUNDARY DRAINAGE AREA BOUNDARY TRACT 5380 DRAINAGE AREA: "EG" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT rAYLOR O K:\AUTOCAD\DWGS\OEXHISITS\TRACTS\53B0.DWG0-'>-0-0:5 OTHER REQUIREMENTS EXHIBIT NO. 2 Currently, there is a project, CUP 2001-149, to the west of this project that has been required to construct the storm drainage facilities that will provide permanent storm drainage service to Tract -5380. If these facilities are not constructed at the time of development of Tract 5380, temporary service is available through existing District facilities provided the developer of Tract 5380 replaces the existing slotted lid on the Type "E" inlet with a Neenah,Type R-3308 lid as shown on Exhibit No. 1. In addition,our records indicate that there is not continuous existing curb and gutter to convey runoff to the Master Plan inlet located at West Spruce Avenue. The Developer shall be required to provide documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location. Development No. Tract 5380 engr\permit\exh ibits2\tract\53 80(rl) San Joaquin Valley Air Pollution Control District March 16, 2005 Reference No.: 020050140 Andrew Munn aLC�LC0MC� Planning and Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 MAR 17 2005 Planning Division Subject: T-5380, C-04-198 (APN 503-020-08) Development Department CITY OF FRESNO Dear Mr. Munn The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and fine particulate matter (PM10 and PM2.5). This project would contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. Although this project alone would not generate significant air emissions, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project- related emissions as outlined below: Based on the information provided,the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at— http://www.valleyair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. If a residential project is 10.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see section 6.4.1). A compliance assistance bulletin has been enclosed for the applicant. A template of the District's Dust Control Plan is available at: http://www.vallevair.ora/busind/comply/PM1 0/form s/DCP-Form%20-%2010-14-2004.pdf Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) regulates the burning of agricultural material. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that the project burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Mr.Munn March 16,2005 T-5380, C-04-198 Page 2 Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Buming Fireplaces or Wood Buming Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3)dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.valleyair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. Rule 4902 (Residential Water Heaters) limits emission of NOx from residential developments. The District encourages innovation in measures to reduce air quality impacts. There are a number of features that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The suggestions listed below should not be considered all-inclusive and remain options that land-use authority should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.org/ For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.l-c.org/bookstore/energy/downloads/siv tree quidelines.pdf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc.,to encourage walking and bicycling. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe Mr.Munn March 16,2005 T-5380, C-04-198 Page 3 environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Pathways through the project should be built in anticipation of future growth. • As many energy-conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E) - Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at http://www.agmd.gov/business/brochures/zerovoc.htmi - High-albedo (reflecting) roofing material. See http://eetd.lbi.gov/coolroof/ - Cool Paving. See http://www.harc.edu/harc/Projects/CoolHouston/, http://eande.lbl.gov/heatisland/ - Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Programmable thermostat(s) for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.eneray.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior of the .unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site More information can be found at: http://www.ciwmb.ca.gov/GreenBuilding/ http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumereneraycenter.org/index.html • The applicant should implement measures to reduce the amount of vehicle traffic to and from the project area that further reduce air pollution in the valley. This could include providing an information center for residents to coordinate carpooling. Check out the "Spare the Air' section of our website www.valleyair.org • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.or_g , http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: - Limit traffic speeds on unpaved roads to 15 mph - Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - Install wheel washers for all exiting trucks,or wash off all trucks and equipment leaving the site - Install wind breaks at windward side(s) of construction areas - Suspend excavation and grading activity when winds exceed 20 mph - Limit area subject to excavation, grading, and other construction activity at any one time - Use catalyst equipped diesel construction equipment. Mr.Munn March 16,2005 T-5380,C-04-198 Page 4 - Minimize idling time (e.g. 10 minute maximum) - Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) - Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, and"Spare the Air Days"declared by the District. - Implement activity management(e.g. rescheduling activities to reduce short-term impacts) - During the smog season (May through October), lengthen the construction period to minimize the number of vehicles and equipment operating at the same time. - Construction equipment should have engines that are Tier II (if available as certified by the Air Resources Board). Engines built after 1998 are cleaner Tier II engines. Tier I and Tier II (2.5 gram) engines have a significantly less PM and NOx emissions compared to uncontrolled engines. To find engines certified by the Air Resources Board, see http://www.arb.ca.aov/mspro4/off road/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at (559) 230-5831. - Off road trucks should be equipped with on-road engines when possible. - Light Duty Cars and Trucks should be alternative fueled or hybrids. - Minimize obstruction of traffic on adjacent roadways. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at (559) 230-5820 and provide the reference number at the top of this letter. Sincerely, Chrystal Meier Air Quality Specialist Central Region Enclosures c.file San ,Joaquin valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October.1, 2604. This is a basic summary of the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at anytime. Visible Dust Emissions opacity of 20% means dust that would obstruct an . observer's view of an object by 20%. District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased .projects where disturbed land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover. Carryout and Trackout occur when materials from emptied or loaded vehicles falls onto a paved surface or shoulder of a public road or when materials adhere to vehicle tires and are deposited onto a paved surface or shoulder of a public road. Should either occur, the material must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods require the complete removal and cleanup of mud and dirt from the paved surface and shoulder. Using a blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a violation. Larger construction sites must prevent carryout and trackout from occurring by installing gravel pads, grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from the site. Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet. Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing wind barriers to limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700"M" Street,Suite 275 Modesto,CA 95356-9321 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 (209)557-6400 ♦ FAX(209)557-6475 (559)230-6000 ♦ FAX(559)230-6062 (661)326-6900 ♦ FAX(661)326-6985 with applying water to the top of the load, and covering the cargo compartments are effective measures for reducing VDE and carryout from vehicles transporting bulk materials. Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces where materials may fall. Consider all structures slated for demolition as possibly being regulated because of asbestos, per District Rule 4002 - National Emission Standards for Hazardous Air Pollutants. Contact the District well before starting because a 10 working day notice will. likely be required before a demolition can begin. Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented before, during, and after any dust generating activity for the duration of the project. Owners or operators are . required to submit plans to the District if, at anytime, the project involves: • Residential developments of ten or more acres of disturbed surface area. • Non-residential developments of five or more acres of disturbed surface area. • Relocating more than 2,500 cubic yards per day of materials on at least three days. Construction activities may not commence until the District has approved the Dust Control Plan. Notification by owners or operators of construction projects that are at least one acre in size and where a Dust Control Plan is not required, must provide written notification to the District at least 48 hours in advance of any earthmoving activity. Record Keeping is required to document compliance with the rules and must be kept for each day any dust control measure is used. The District has developed record forms for water application, street sweeping, and "permanent' controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Records must be kept for one year after the end of dust generating activities .(Title V sources must keep records for five years). Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all Regulation Vlll requirements and Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities exempts the following construction and earthmoving activities: • Blasting activities permitted by California Division of Industrial Safety. • Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the existing building or less than 10,000 square feet (due to asbestos concerns, contact the District at least two weeks ahead of time). • Additions to single family dwellings. • The disking of weeds and vegetation for fire.prevention on sites smaller than % acre. • Spreading of daily landfill cover to preserve'public health and safety and to comply with California Integrated Waste Management Board requirements. Nuisances are prohibited at all times because District Rule 4102 — Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is important to monitor dust- generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive dust. For more information please contact the Compliance Division of the District office nearest to you. Information on Regulation VIII, where you may obtain copies of record keeping forms, the Dust Control Plan template, and the Construction Notification form, is available on the District's website at: www.valleyair.org Y Y g Y o AD I, E co r) ' N c c t � h c m > C d L d N . 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N i✓ w o U o` a� o w o o w o c a o `= E CL o w v E `w C. a) > c C L .� L C O a) N M 0 tID O C to U C to V) t1D p N a•+ O N O C C_ f0 Q C L o C C O O f0 ci �' •O N N •O 'O C y j d m M > N a) c-I E L fR a) f0 >> f0 o t b VO) � C. >> U 4R o C C C L o U aj m fO o 3 o a) c N N L 3 , v ¢ y 2 CL n/1 c o L > •� U)i aoi o F-y °� D 3 m C a� City of DATE: March 11, 2005 TO: Andrew Munn, Planner I Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager �� Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Divisio SUBJECT: TT 5380 / C-04-198, Public Works Conditions of Approval (Southwest corner of Spruce and Hayes) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5380, which was submitted by Jamie Gonzales. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight. Frontage Improvement Requirements: Major Streets: Spruce Avenue: Collector 1. Dedicate 47'- 51' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 3. Construct a concrete driveway approach to Public Works Standard P-2, P-4. (30' min. to 35' max.) 4. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 6. Relinquish direct vehicular access rights to Spruce Avenue from all lots within this subdivision. Page 1 of 2 CALouise\TRACT MAPS\T-5380 SPRUCE&HAYES.doc Haves Avenue: Collector 1. Dedicate 48' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 3. Construct a concrete driveway approach to Public Works Standard P-2, P-4. (30' min. to 35' max.) 4. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 6. Relinquish direct vehicular access rights to Hayes Avenue from all lots within this subdivision. Interior Streets: Private Specific Mitigation Requirements: 1. This tract will generate 25 a.m. / 30 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. 2. The first order of work shall include a minimum of two points of vehicular access to the streets for any phase of this development. 3. Reconfigure interior curbs adjacent to the south property line as shown on attached Exhibit B. 4. Provide 10' minimum visibility triangle at all ingress/egress locations. UGM Requirements: This Map is in UGM major street zone C/113-2; therefore pay all applicable UGM fees. Haves Avenue: Collector 1. Install a signal pole with a 150-watt safety light to Public Works Standards at the southwest corner of Hayes/Spruce. Page 2 of 2 CALouise\TRACT MAPS\T-5380 SPRUCE&HAYES.doc \ I__I J V l C Q E-1 W \ � W z \ nED L) LD ►—� Q CEJ Q o Y z n J Q � Y a CL U Z W pl �-- LL W D� U U Z E-1 U `0 rro"Ia aus 51 a RR k W z Y O F- Q N ' o ` 4"u mdGRt-.stgA,Sj.Y�3vj ci s Q Z YA w C b �� $-ma - — 0. 09 ti re cli Vv I ci gyg < g� 5� a� aim m �'Y� x W W yj D ! y o II }II o goo �a } 40 II p at W I $ "z o co: �o �. I a O©DO © oW w z a = H. 4 ) 3(1N3Ad S3J dH N ° W '� Q 6 • Z 9a ! a. 0 Q 2 j IYXZ 0 V A _ qq a ¢ r 3 ; II3 3 ^� •k �ff>3�W$ i y .iNl z I ¢ "� � � 3sr 3 3r ���8$" N e U. 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EI Dorado • Fresno,California 93706-2014 (559) 621-1452 www.fresno.gov March 30, 2005 TO: Andrew Munn, Planner III Development Department, Planning Division THROUGH: Robert Gedert, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistant Department of Public Utilities, Solid Waste Division SUBJECT: TT 5380, Solid Waste Conditions of Approval The Department of Public Utilities,Solid Waste Division,has completed a review of the Planned Unit Development, Tract 5380, which was submitted by Harbison International, Inc. The following requirements and conditions are to be placed on this map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5380 will be serviced as a Multi-Residential property with Bin Service. Trash enclosures shall be available in areas that area centrally located in the tract. • Three,two cell trash enclosures are required. Trash enclosures shall be built to the current standard of 22'x 10'8". The locations shown on the plans are acceptable. • Property owner shall provide at least 24 Cubic yards of solid waste service for this property. This is the minimum required for a 48 unit multi-residential property. JAConditions of Approval_TT5380_.wpd Street Name Review TM-5380 3-11-05 Street Name Status Required Change West Spruce Avenue Good 'blank' see note 'blank' see note North Hayes Avenue Good Note: New street names for private streets must be unique to the County of Fresno and must not have the suffix of avenue, road,or street a Cray Of ■'ff w.=munno DEPAR"MNT OF PUBLIC UTILITIES Date: March 8, 2005 To: ANDREW MUNN, Planner I Planning and Development Department, Advance Planning From: DOUG]HECKER, Supervising Engineering Technician .• ,� Department of Public Utilities, Planning and Engineering Subject: SANI'T'ARY SEWER AND WATER REQUIREMENTS FOR T-5380/UGM AND C-04-198 General Vesting Tentative Tract No. 5380/UGM, and C-04-198 propose a 12-lot multi-family residential subdivision with one outlot, providing for the development of 48-unit apartment units (4 units per lot) on 4 acres ofR 21UGM zoned property located on the southwest corner of North Hayes and West Spruce Avenues. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitaria Sevier Requirements The nearest sanitary sewer mains to serve the proposed project are a 10-inch sewer main located in North Hayes Avenue and an 8-inch sewer main located in West Spruce Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 2. Separate serer house branches shall be provided for each lot created. 3. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 4. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. 5. The project developer should contact Wastewater Management Division/Environmental Services (559)621-51.00 regarding conditions of service for special users. 6. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 9-505.1 and 9-505.2. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. 7. Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on metered (water or sewer effluent) usage. The developer may contact the Department of Public Utilities (559) 621-8554 to receive an estimated cost of the Sewer Facility Charges applicable to the project (based on a constant sewer discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates [flow] and loading [BOD/TSS levels] required for calculating the estimated charges. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Area: #19 3. Trunk Sewer Charge: Grantland 4. Wastewater Facilities Charge (Residential Only) Water Requirements The nearest water mains to serve the proposed project are a 16-inch water main located in North Hayes Avenue, and a 16-inch water main in West Spruce Avenue. Water facilities are available to provide service to the site subject to the following requirements: 1. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 2. Separate water services with meter boxes shall be provided to each lot created. 3. 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. 4. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 5. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water Fees The following Water Connection Charges and fees shall be paid for the project: 1. Wet-tie(s), water service(s), and meter(s) installation(s) 2. UGM Water Supply Area: #201s Andrew Munn -T5380 wpd Page 1... 1 f i� RC 5 DEPARTMENT OF PUBLIC WORKS I I TO: Andrew Munn, Planner I Planning Division 4 FROM: NANCY MORRISON, PROGRAM MANAGER, (559.621.8690) DATE: March 16, 2005 SUBJECT: VESTING TENTATIVE MAP OF TRACT 5380 and C.04.198 The Department of Public Works has reviewed the Tentative Subdivision Map proposed by Jamie Gonzales, on engineering drawings plans prepared by Harbison International, Inc., dated 1.31.05. The DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the STREET TREES, BUFFER LANDSCAPING ,TRAILS AND MEDIAN ISLANDS. STREET TREE REQUIREMENTS 4 Y l A. Because the internal streets are private,there is no street tree requirement " B. The street tree species are designated for the following rights of way: STREET NAME QUANTITY STREET TREE SPECIES North Hayes Avenue 5 Fraxinus'Fan West' West Spruce Avenue 10 Fraxinus 'Fan West' i MEDIAN ISLAND LANDSCAPE REQUIREMENT f I A.. MEDIAN ISLAND LANDSCAPING REQUIRED ON North Hayes Avenue: Per FMC Section 12-306-N-24 (j), median island landscaping. Applicants shall be required to submit plans showing the location and configuration of all median islands fronting the proposed project Existing utilities, including, but not limited to city water lines/service points,sanitary sewer,storm drains,electrical lines,existing landscaping including trees,shrubs,ground cover beds,irrigation facilities,and other miscellaneous i landscape features shall also be clearly defined. Median islands shall be landscaped as required by FMC 12- N-306-24. Landscape and drip irrigation plans shall be submitted for median island(s) that are not currently planted with a full range of ornamental vegetation,including trees,shrubs,and ground covers. K t 4 i s t t i i MAR, 29. 2005 12:27PM CENTRAL UNIF BUS OFC NO. 7619 P, 1 XLr CENTRAL UNIFIED SCHOOL DISTRICT EAdWad °� b 4603 NORTH POLK AVE - FRESNO. CA93722-5334-(559)276.5206-Ipo-ell(Occnrratusd.KIZ.ca.ua � DISTRICT SUPERIA'TENDENT �0 Larry L.Powell March 29, 2005 MAR 2 9 2005 TRUSTEES: Cindy Berube City of Fresno Division Terry Cor Planning Department Planment Department Judith G aganr 2600 Fresno Street Ue CjN OF FRESNO Theresa pagans Dipna Mil1a Phil Rusconi CA 93721 Fresno, Mike Yada Attn:ANDREW MUNN Subject: File No.: TT 5380—48 Unit Multiple Family SWC Hayes and Spruce Aves Central Unified School District has the following conditions/comments for the above project(s): The proposed project will add approximately 22 K-12 grade students to the District's average daily attendance. Number of lots/ units = 48 Grade Level: #of Students Generated K-6 grade students 15 7-8 grade students 3 9-12 grade students 5 TOTAL K-12 grade 22 Condition of approval: 1. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620. 2. Install concrete sidewalks/curbs/gutters on both sides of the interior streets for the proposed subdivision in a manner consistent with the existing subdivisions in the area and to City standards. 3. Install a permanent school bus pull-out located along a perimeter avenue per the attached design drawing. The District is willing to work with the Developer to determine the location of this permanent school bus pull out. GEOFFREY M.GARRATT JOHN MULLIGAN SARAH KOLIGIAN Assistant Superintendent,Personnel Assistant Superintendent, Business Assistant Superintendent, Instruction (559)276-5224 (559)276-5200 (559)276-3115 FAX(559)278-2983 FAX(559)275-D394 FAX(559)276-3102 MAR. 29. 2005 12:27PM CENTRAL UNIF BUS OAC N0. 7619 P. 2 March 29, 2005 TT 5380 Page 2 The District will be able to accommodate these new students at the schools of attendance indicated below. To offset the cost to house these students, the District currently levies development fees of $2.24 per square-foot for residential development and $0.36 per square foot for commercial / industrial development. As a point of information, development fees are subject to increase every two years by the State Allocation Board. Any new development on the property will be subject to the development fees in place at the time development fee certificates are obtained. Sidewalks along interior neighborhood streets and major exterior streets provide the necessary identifiable boundary between students and traffic, and provide a safe place for students walking to and from existing school sites and bus stops. Bus transportation is currently provided for: • K-8th grade students residing at least one mile or more from their school of attendance; • 9t'-12"' grade students residing at least two miles or more from their school of attendance. At this time, however, an identifiable safe walking route does not exist to one or more schools of attendance and until such time that a safe walking route is established, bus transportation will be provided to those students. The District has concluded using interior subdivision streets are not adequate or safe for bus turning and/or navigation movements. Therefore, the District will require a permanent bus pull out, separated from traffic lanes by a decorative concrete median strip. The District is willing to work with the Developer to determine the location of this permanent school bus pull out. Attached is a design drawing that meets approval by the City Traffic Engineering Manager. The following school of attendance information is provided: • Elementary School Information: School Name: River Bluff Address: 6150 W. Palo Alto Telephone: 559-276-6001 • Middle School Information: School Name: Rio Vista Address: 6240 W. Palo Alto Ave. Telephone: 276-3185 • High School Information: (a) School Name: Central High School—East Campus Address: 3535 N. Cornelia Ave Telephone: 559-276-0280 (b) Currently, Central High School - West Campus is a mandatory attendance 9th grade school with optional programs for grades 10ih -1e. MAR. 29. 2005 12:28PM CENTRAL UNIF BUS 0'IC N0, 7619 P. 3 March 29, 2005 TT 5380 Page 3 The California Department of Education has current API scores - see: hftp://www.ede.ca.gov/ta/acJai)/index_asp (however this site does not have current District enrollment data-see: http://Www.ed-data.kl2.ca.us/.) The District appreciates the opportunity to comment on above project. Should you have questions or need additional information, please contact me at 559-276-5203 or ddeelP_centralusd.k12.ca.us_ Sincerely, David Deel Facilities Planning Manager Attachment MAR. 29. 2005_12:20PNL--CENTRAL UNIF BUS OFC NO. 7619---P. 4 g OW MAMMOe AWA MPL r`A aOMWX CO2 AND SXCP 4k AV? -VV P21&7w) � rnr 9ta.an rR,s AW Pia , ar n 00040 Ar f,1�3'�► mm CAR sEJT/w PW AND SUUGW ; . . .: aF sus AND allM PD? .c .11' �- .• t.r w Av ist-M t ��CaMMUE MM AND sor ra Mx s M Q7r sin.PM P-5 AMD PLp C 7mm aawVE MAY oUnM rm Hamm 5 mmwwAr mir oN MOM AVQVM ir AM asw NOTE: AEMM RMMP MID STrB(i"of ML&amur MP). 1. Mrs"gurm?=P£6.vett GLAIR CHURCH&FLYNN sckoo�. sus TuRe�our CONS�ILTING ENGINEERS FOR NO SC4LE COLLECTOR AND LOCAL STREET M-(as9):91_907 PAX osa)291-x945 DR. 9Y; DATE SHEET P.G. 9-10--04 1 of 1 D+owo .. P.\204-036ADmy--57o\D+p Tumovt.dvg; L"arl (2) Plot by: Rop Oct 05, y004 - 201 pm JU:S- 12.26Pti1 CENTRAL UNIF BUS OFC NO. 1889 P. 2 ¢pl L rr CENTRAL VMFIED SCHOOL DISTRICT 4605 NORTH POLIO AVE -FRESNO.CA 93722-6834- (5691276-6=-auydeZ*=taivadklBrA,us f b ti DIST.- CT SUPFJZBVTE"ENT �pL DZS�S Mariiou Ryder,Ed.D. December 15, 2005 TRus1EEs' Cindy Berube DEC 2005 Terry Cox City of Fresno Theresa He9sin ns Planning Department Diana Mille 2600 Fresno Street Phil Ruwoni eYada Fresno, CA 93721 Attn: Kevin Fabino Subject: File No. : TT 5380 - 48 Unit PUD After additional review of tentative tract map 5380 (stamped March 1, 2005) , Central Unified School District has the following revisions to the March 29, 2005 comment/condition letter: A. Revise Condition 42 - "Install concrete sidewalks/curbs/gutters on the south side of the Interior street for the proposed project in a manner consistent with the existing subdivisions in the area and to City standards- B. Revise Condition #3 - "Install 50% of the permanent school bus pull-out located along a Hayes Avenue, adjacent to Lot 7, per the attached design drawing. " The required location for a bus atop would be along Hayes Avenue at lot 7; however the depth of lot 7 is not adequate to accommodate the total length of the bus bay. Furthermore, the property located to the south of Tract 5360 is residentially zone with the potential for future residential development. Due to the constraints of lot 7 and future residential development, a bus stop is needed in this area and a 50-50 split of the bus stop between Tract 5380 and the property to the south of Tract 5380 seems equitable. C. Add Condition #4 - "Install pedestrian cross walk stripping across Hayes Avenue at the intersection of Hayes and Spruce Avenues." Should you need further information or have any questions, please contact me at 559-276-5203 or ddeel@centralusd.k12.ca.us. Sincerely, Da Deel Facilities Planning Manager cc: Mike Hamzy-Harbison International, Inc Mike Berg JIM YOVINO JOHN MULLIGAN SAS;KOLIGIAN Assistant Superkdende►t,Personnel 0-def Financial Office: Assistant SuperintEndent,Instruction (559)276-5224 (559)276-52DO (559)27[-3115 FAX(559)276-2983 FAX(559)275-0394 FAX(559)276.5102 Pacific Gas and & Electric Company Corporate Real Estate 650"0"Street,Bag 23 March 24, 2005 South Valley Land Services Fresno,CA 93760.0001 L9 V20 City of Fresno MAR �► q 2005 Planning Department Attention: Andrew MunnPlanning Division 2600 Fresno Street Development Department Fresno, CA 93721-3604 CITY of FRESNO RE: Request for comments on Tentative Tract Map 5380 for future development — Herndon & N. Hayes Avenues, City of Fresno Our File: Herndon-Manchester 11 5K Tower Line Dear Mr. Munn: Thank you for the opportunity to review the subject tentative map. As you know, Pacific Gas and Electric Company, (PG&E) owns and operates the Herndon- Manchester 115KV Tower Line electric transmission line near and within the above referenced project boundaries. The map incorrectly labels the 30' PG&E easement located at the southwest corner of the project area as a Public Utility Easement. Please note on the final map that this is indeed an easement in favor of PG&E, predecessor in interest to San Joaquin Light and Power, and not a PUE. To promote the safe and reliable maintenance and operation of utility facilities, the California Public Utilities Commission (CPUC) has mandated specific clearance requirements between utility facilities and surrounding objects or construction activities. To ensure compliance with these standards, project proponents should coordinate with PG&E early in the development of their project plans. Any proposed development plans should provide for unrestricted utility access and prevent easement encroachments that might impair the safe and reliable maintenance and operation of PG&E's facilities. Some examples of activities that could have an impact upon our facilities include permanent/temporary changes in grade under our facilities; construction of structures within or adjacent to PG&E's easements; and planting of certain types of vegetation under our electric facilities. Developers will be responsible for the costs associated with the relocation of existing PG&E facilities to accommodate their proposed development. Because facility relocation's require long lead times and are not always feasible, developers should be encouraged to consult with PG&E as early in their planning stages as possible. Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In addition to adding new distribution feeders, the range of electric system improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capacity, and building new substations and interconnecting transmission lines. Comparable upgrades or additions needed to accommodate additional load on the gas system could include facilities such as regulator stations, odorizer stations, valve lots, distribution and transmission lines. PG&E remains committed to working with the City of Fresno to provide timely, reliable and cost effective gas and electric service. PG&E encourages you to contact this office regarding specific uses as early as possible in the planning stages of any proposed construction within PG&E's easement. We would also appreciate being copied on future correspondence regarding this development. If you have any questions regarding this matter please call me at 559-263-5167. S'Mperely, le Patten and Agent Cc: Explore General Inc. Andrew Munn'-'17 5380 conditions Andrew.doc Pae 1 City of PUBLIC WORKS DEPARTMENT DATE: March 31,2005 TO: ANDREW MUNN,Planner I Planning and Development Department FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5380 AND COMMUNITY FACILITIES DISTRICT 1. If approved by Council,the following features may be maintained by a Community Facilities District. ■ Maintenance of all Landscaping within the tentative map is to be maintained by the property owners through a home owner's association. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions,please call me at 621-8695 c:PW File No.10770 File:\word\cfd2\ttmapreview\tt5380 STATE UE CALIFORNIA—BUSINESS TRANSPORTATIO D HOUSING AGENCY ARNOLD SCHW ARZENEGGER.Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE 559 445-6666 FAX (559)488-4088 FED) � D energFlexyy ur powefficient!Be energy ! TTY (559)488-4066 MAR U 3 2005 March 2, 2005 Division Planning attrnent 213 1-IGR/CEQA Development Dep CITY OF FRESNO 6-FRE-99-31.5+/- C-04-198 &TRACT 5380 SPRUCE GARDENS Mr. Andrew Munn City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Munn: We have reviewed the application for the proposed 48-unit multi-family residential development located on the southwest corner of North Hayes and West Spruce Avenues. Caltrans has the following comments: The proposed project, in and of itself, is not expected to create significant impacts to the State Highway System. However, when combined with other development in the area, this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project. The project is small,but when combined with other residential projects in the area, there is sufficient development to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. The City should also consider using the"Toolbox" from the San Joaquin Valley Growth Response Study to prepare an analysis of the impacts created by this and other approved developments in the City. This would help to clarify issues that have been raised since the General Plan Update regarding densities in general and the High Rise Corridor specifically. Caltrans is available to partner with the City in this endeavor. If you have any questions,please call me at(559)445-6666. Sincerely, �f MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" 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. offices or �� �� �4WoxtAS.1 � PHONE(559)233.7181 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE „s►' - ,� FRESNO,CALIFORNIA 93725.2218 Your Most Valuable Resource-Water March 3, 2005 Mr. Andrew Munn City of Fresno Planning and Development Department 2600 Fresno Street, Third Floor Fresno, CA 93725-3604 RE: TTM No. 5380, CUP No. C-04-198 Dear Mr. Munn: FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnson@fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I �L�LF0V1RD MAR 0 7 2005 Planning Division Oav Pment Department Gtdy r)r !ZRE.SN, Agencies\City\TTM5380 C-04-198 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JULY 20, 2005 CONDITIONAL USE PERMIT APPLICATION NO. C-04-198 6161 WEST SPRUCE AVENUE SOUTHWEST CORNER OF WEST SPRUCE AND NORTH HAYES AVENUES PART A- PROJECT INFORMATION Assessor's Parcel No. 503-020-08 Street Location 6161 West Spruce Avenue, on the southwest corner of West Spruce and North Hayes Avenues Zoning R-2/UGM Project Description A 12-lot multiple family residential subdivision to be developed at an overall density of 11.4 dwelling units per acre. The planned development will have private streets, 1 outlot for common space, landscaping and access maintained by an association. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Fresno City Planning Commission, on July 20, 2005, will consider the special permit application subject to the enclosed list of conditions and Exhibits B, B-1, B-2, B-3, B-4, dated August 11, 2004, and Vesting Tentative Tract Map No. 5380/UGM Exhibit A dated August 11, 2004. 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 Section 12-405.A can be made. 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: Conditions of Approval Conditional Use Permit Application No. C-04-198 July 20, 2005 Page 2 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 Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (include this note on the site plan.) Transfer all red line notes, etc., shown on all original conditional use permit exhibits (Exhibits A, B, B-1, B-2, B-3 and B-4 dated August 11, 2004) to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete the backcheck 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, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Call Kevin Fabino at 559/621-8046. Conditions of Approval Conditional Use Permit Application No. C-04-198 July 20, 2005 Page 3 NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to Louise Monroe at 559/621-8678 and questions relative to utility connection charges and Urban Growth Management fees may be directed to Frank Saburit at 559/621-8077 of the Planning and Development Department, Building and Safety Services Division, Land Division and Engineering Section. 1. OFF-STREET PARKING FACILITIES AND GEOMETRICS a. Off-Street (on-site) parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual, Standard Specifications and requirements. b. The applicant shall provide access and directional signs (e.g. "Entrance," "Exit," 'Right Turn Only," "One Way," handicap signs, etc.) as determined by the City Traffic Engineer and as noted on Exhibit A dated August 11, 2004. C. Parking lot pavement and drainage design shall be in accordance with Public Works Department Standard Drawing Nos. P-41, P-42 & P-43 and incorporated into the site drainage plan. Site drainage to alleys requires approval by the City Engineer. A site drainage plan is required to be reviewed and approved by the Planning and Development Department, Building & Safety Services Division prior to the commencement of work. PART D - PLANNING/ZONING REQUIREMENTS PLANNING 1. Development is subject to the following plans and policies: - Bullard Community Plan - Medium-High Density Residential Land Use - Planned Development Section of the Fresno Municipal Code (Section 12-306-N-21) Conditions of Approval Conditional Use Permit Application No. C-04-198 July 20, 2005 Page 4 ZONING 2. Development is in accordance with the existing R-2/UGM zoning. POPULATION DENSITY (Residential Projects) 3. The proposed density is approximately 11.4 dwelling units per acre, which is within the allowable range of the medium-high density residential planned land use as provided by Fresno Municipal Code Section 12-403-B-2.b(1). LOT AREA 4. Each lot shall have a minimum area as shown on Exhibit A and B dated August 11, 2004. BUILDING HEIGHT 5. The maximum allowable building height is 35 feet. The proposal is within the required height. EXCEPTIONS: Overheight structures 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. BUILDING SETBACK, OPEN SPACES AND LANDSCAPING 6. All rear and side yard setbacks shall be in compliance with the setbacks shown on Exhibits A and B dated August 11, 2004. 7. Provide the following minimum landscaped areas: a. 10 feet along West Spruce and North Hayes Avenues. b. Outlots A as shown on Exhibit B dated August 11, 2004. C. Area at the subdivision entrance from West Spruce and North Hayes Avenues. No structures of any kind 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. 8. 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. (Put this note on the site and landscape plans.) 9. There shall be one trees planted in the front yard of every lot. Conditions of Approval Conditional Use Permit Application No. C-04-198 July 11, 2005 Page 5 FENCES, HEDGES, AND WALLS 10. Walls shall be in compliance with Exhibits A and B dated August 11, 2004, and as indicated per Conditions of Approval for Vesting Tentative Tract Map No. 5380/UGM dated July 20, 2005. 11. 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. ACCESS 12. Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for Vesting Tentative Tract Map No. 5380/UGM dated July 20, 2005. COVENANTS AND AGREEMENTS 13. The covenants, conditions, and restrictions for the owner's association shall comply with Section 12-1026 of the Fresno Municipal Code. OUTDOOR ADVERTISING 14. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for separate Sign Review. Contact Public Services for information at 559/621-8277. (Include this note on the site plan.) BUILDING ELEVATIONS 15. All houses in the subject planned development shall be in compliance with elevations and plans shown in Exhibit B-3 dated August 11, 2004. PART E - CITY AND OTHER SERVICES FIRE PROTECTION REQUIREMENTS 1. Comply with requirements noted in Vesting Tentative Tract Map No. 5380/UGM Conditions of Approval dated July 20, 2005. SOLID WASTE SERVICE 2. Comply with requirements noted in Vesting Tentative Tract Map No. 5380/UGM Conditions of Approval dated July 20, 2005. Conditions of Approval Conditional Use Permit Application No. C-04-198 July 11, 2005 Page 6 SANITARY SEWER SERVICE 3. Comply with requirements noted in Vesting Tentative Tract Map No. 5380/UGM Conditions of Approval dated July 20, 2005. WATER SERVICE 4. Comply with requirements noted in Vesting Tentative Tract Map No. 5380/UGM Conditions of Approval dated July 20, 2005. STREET TREE REQUIREMENTS 5. Comply with requirements noted in Vesting Tentative Tract Map No. 5380/UGM Conditions of Approval dated July 20, 2005. FLOOD CONTROL REQUIREMENTS 6. Comply with requirements noted in Vesting Tentative Tract Map No. 5380/UGM Conditions of Approval dated July 20, 2005. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 7. Comply with requirements noted in Vesting Tentative Tract Map No. 5380/UGM Conditions of Approval dated July 20, 2005. SCHOOL FEES 8. Comply with requirements noted in Vesting Tentative Tract Map No. 5380/UGM Conditions of Approval dated July 20, 2005. School fees must be paid prior to issuance of building permits. (Contact Central Unified School District for further details.) Provide proof of payment (or no fee required) prior to issuance of building permits. 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. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. Conditions of Approval Conditional Use Permit Application No. C-04-198 July 11, 2005 Page 7 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (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. 3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. KAMaster Files-Tract Maps\Tract 5380 KF(C-04-198)1C-04-198.doc ,.MRR. 2.2005 2:05PM CAL TRANS PLANNING N0.272 P.1/2 UA=OF OA1AQ9MA U5 MII53.MAA WRTATIOt )HQ1 MRj'LA(:[•Tia AW)RQ4W ART.£NEriQM Sinvemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 559 488-4088 F1r a your puwaN FAX ( � Be ersW d"icieatl TTY (559)488-4066 March 2,2005 2131-IGR/CEQA 6-FRE-99-31.5+/- C-04-198 &TRACT 5380 SPRUCE GARDENS Mr, Andrew Munn City of Fresno Development Department 2600 Fresno Street Fresno,CA 93721 Dear Mr.Munn: We hate reviewed the application for the proposed 48-unit multi-family residential development located on the southwest corner of North Hayes and West Spruce Avenues. Caltrans has the following comments: The proposed project,is and of itself,is not expected to create significant impacts to the State Highway System. However,when combined with other development in the area,this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR,the City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project. The project is Small,but when combined with other residential projects in the ares,-t1=e is sufficient development to support transit,and early planning,could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express(FAX)staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. The City should also consider using the`°TooIbox"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. If you have any questions,please call me at(559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms.Barbara Goodwin,Council of Fresno County Governments "Caltroru improves?nobility across California" MAR. 2.2005 2:05PM CAL TRANS PLANNING N0.272 P.2/2 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. S. 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 — ENVIRONMENTAL ASSESSMENT/ INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 C", ' Pursuant to Section 21157.1 of the California Public Resource Code DATE REC�I�D;FbR FI (California Environmental Quality Act) the project described below is ,G determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan s Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 Applicant: Jamie Gonzalez Initial Study Prepared By: 4321 North West Avenue Kevin Fabino, Planner Fresno, CA 93705 June 29, 2005 Environmental Assessment Number: Project Location (including APN): Vesting Tentative Map Application No. T-5380 6161 West Spruce Avenue(APN: 503-020-08) Conditional Use Permit Application No. C-04-198 Project Description: Vesting Tentative Tract Map No. 5380 and Conditional Use Permit Application C-04-198 pertain to approximately 4.2-acres of property located at 6161 West Spruce Avenue, on the southwest corner of West Spruce and North Hayes Avenues. Vesting Tentative Tract No. 5380 proposes a 13-lot multiple family residential subdivision and installation of related facilities and infrastructure, consistent with the existing R-2 (Low Density Multiple Family Residential) zone district and medium high density residential planned land use designation (10.38 to 18.15 dwelling units per acre). Conditional Use Permit Application No. C-04-198 proposes a planned development consisting of 48-mutiple family dwelling units, common areas, landscaping and private streets maintained by an association. The property is within the boundaries of the 2025 Fresno General Plan and Bullard Community Plan which designate the property for medium high residential planned land use. The currently vacant subject property is surrounded to the north and east by single family dwelling units, and agricultural land use to the south and west. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The 2025 Fresno General Plan and Bullard Community Plan designate the property for medium-low density residential planned land uses. The R-2 (Low Density Multiple Family Residential) zoning proposed for the subject property conforms to the listed planned land use designation. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed reorganization in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed for development in the future with single family residential uses at an intensity and scale that is permitted by the planned land use and proposed zoning designation for the site. Thus, the rezoning will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. C-04-198/T-5380 Page 2 June 29, 2005 Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the regional commercial land use designation specified for the subject parcel. Based on this initial study, the proposed project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). Darrell Unruh Date Planning Manager, City of Fresno K:\Master Files-2004\C-04-198rT-5380/Finding of Conformity Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. C-04-198/T-5380 Mitigation Monitoring Checklist (MEIR No. 10130)for Environmental Assessment No. C-04-198/T-5380 ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. T-5380/C-04198 1.00 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 22^0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or 1 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous 3_0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 . 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste 1 3.4 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 13.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5_0 ANIMAL LIFE 1 14.1 Removal of historic building,disruption of 1 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat historic site 6.0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy 8.0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect "0" Insufficient Information residential areas 1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the potential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 1 9.1 Incompatibility with adopted plans and policies "l" No significant Environmental Effect 1 9.2 Acceleration of growth rate The proposed project will not have an adverse 1 9.3 Induces unplanned growth 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration. 1 10.1 Generation of vehicle traffic sufficient to cause capacity "2" Moderate Environmental Effect deficiencies on existing street system The proposed project will have an adverse environmental 1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. However, this effect is not pedestrians substantial enough in itself to require the preparation of an 1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigable through 1 10.5 Insufficient or poorly located parking project changes and conditions. 1 10.6 Substantial increase in rail and/or air traffic "3" Significant Adverse Environmental Effect The environmental effect identified in this category substantiates in itself or contributes towards a finding that the proposed project has a potentially significant adverse effect on the environment sufficient to require the preparation of an Environmental Impact Report. 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