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HomeMy WebLinkAboutT-5388 - Conditions of Approval - 10/6/2006 City of !��c� ``''E REPORT TO THE CITY COUNCIL FRES- AGENDA ITEM NO. 2:30 p.m. COUNCIL MEETING: 10/25/05 October 25, 2005 APPROVED BY DEPARTMENT DIREC ^ FROM: NICK P. YOVINO, Director Planning and Development Department CITY MANAGER BY: DARRELL UNRUH, Planning Manager_, 0 Planning Division V 11 SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-68 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-4-068/T-5388N-05-07 KEY RESULT AREA Customer Satisfaction RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental finding for Environmental Assessment No. R-04-68/T-5388/ V-05-07, dated August 18, 2005, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130. 2. APPROVE Rezone Application No. R-04-68. EXECUTIVE SUMMARY Rezone Application No. R-04-068 is a request to rezone 11.3 acres located on the west side of North Salinas Avenue and north of the Herndon Canal (north of West Shaw Avenue, between North Cornelia Avenue and North Gates Avenue) from R-A/UGM (Single Family Residential and Agricultural District, Urban Growth Management Area) to R-1/UGM (Single-Family Residential District/UGM Area). This property is designated for medium-density residential use in the 2025 Fresno General Plan and Bullard Community Plan, and this infill project is consistent with that plan designation. The proposed rezoning would implement the 2025 Fresno General Plan and the Bullard Community Plan. Related Tentative Tract Map Application No. 5388/UGM is a request to subdivide these 11.3 acres (a net 9.5 acres after dedication of West San Jose Avenue through the property) into 42 single family residential lots with concomitant grading, installation of related infrastructure, and relocation of on-site irrigation facilities. Variance Application No. V-05-07 requests a reduction of the Fresno Municipal Code's 100-foot lot depth standard for the R-1/UGM zone district for six of the proposed tract lots. This project includes vacation of the westerly half of North Salinas Avenue between West San Jose Avenue and the Herndon Canal (the easterly half of this street segment was previously vacated), and vacation of the entire width of the North Dante Avenue right-of-way from its intersection with North Salinas Avenue to its future intersection with West San Jose Avenue (this segment of West San Jose Avenue is being constructed with tract improvements). The rezone, tentative tract map, and variance applications are recommended for approval by staff and by the Bullard Community Plan Advisory Committee, which reviewed this project on April 11, 2005. On September 7, 2005, the Planning Commission approved the tentative tract map and variance application, and recommended City Council approval of Rezone Application No. R-04-68. REPORT TO THE CITY COUNCIL Rezone No. R-04-68 Page 2 October 25, 2005 KEY OBJECTIVE BALANCE Council action regarding this proposed land use application optimizes the three Key Objectives of Customer Satisfaction, Employee Satisfaction, and Financial Management. Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is, in turn, funding the operations of the Planning and Development Department. Employee satisfaction is derived from the fact that the professional and technical staff, who have reviewed and made a recommendation on this land use application, have done so in a thorough and professional manner, thereby enhancing the sense of accomplishment in the completion of the application process. PROJECT INFORMATION PROJECT: Rezoning to an urban single-family residential zone district proposed in conjunction with a 42-lot residential subdivision on 11.3 acres (to be developed at an overall density of 4.4 units per acre after dedication of a collector street through the subdivision), with a variance to allow six lots with reduced depth APPLICANT: Subdivider of record/owner: Spradling Construction, Inc. Applicants' representative: Michael Sutherland and Associates Land Surveying & Civil Engineering Services LOCATION: APN 509-020-23S Northwest side of North Salinas Avenue on the north side of the Herndon Canal (north of W. Shaw Avenue, east of N. Cornelia Avenue and west of N. Figarden Drive) (Council District 2, Brian Calhoun) SITE SIZE: 11.3 acres gross; 9.5 acres net after dedication of West San Jose Avenue (collector street) LAND USE: Existing —Vacant and uncultivated Proposed - Single Family Residential Development PLAN DESIGNATION In the adopted 2025 Fresno General Plan and Bullard AND CONSISTENCY: Community Plan, subject property was assigned the medium density residential land uses: The proposed rezone to R-1/UGM is consistent with this plan designation, and the proposed subdivision is consistent with the plan designation per FMC §12-403-B-2.b(1) EXISTING ZONING: R-A/UGM (Single Family Residential and Agricultural District/Urban Growth Management Area) PROPOSED ZONING: R-1/UGM (Single Family Residential District/UGMArea) REPORT TO THE CITY COUNCIL Rezone Application No. R-04-68 October 25, 2005 Page 3 ENVIRONMENTAL FINDING: Amended Finding of Conformity (including the vacation of North Dante Avenue between North Salinas and West San Jose Avenues) was filed on August 18, 2005 and noticed in the Fresno Bee on that same day. PLAN COMMITTEE Bullard Community Plan Implementation Committee RECOMMENDATION: recommended approval on April 11, 2005 by a vote of 8-0 with 3 committee members absent STAFF RECOMMENDATION: Approval of Rezone Application No. R-04-68, subject to compliance with the mitigation measures of MEIR 10130 PLANNING COMMISSION On September 7, 2005, the Planning Commission RECOMMENDATION: recommended City Council approval of the rezone application by a vote of 6 to 0, and also unanimously approved Tract Map No. 5388 and Variance Application No. V-05-07 . BORDERING PROPERTY INFORMATION PLANNED LAND USE EXISTING ZONING EXISTING USE R-A/UGM, NORTH Ponding Basin (Single-Family Residential- Fenced and partially improved Agricultural District/Urban FMFCD Ponding Basin EF Growth Management Area) R-1/UGM/cz, NORTHEAST Medium Low Density (Single Family Residential Single-family residential subdivision Residential District/Urban Growth under construction (Tract 5315/UGM) Management Area) SOUTHEAST Medium-Density R-1/UGM, Single-Family Residential Residential neighborhood canal _ _ _ Herndon Canal WEST M-1-P AND (Industrial Park Manufacturing SOUTHWEST District) Light Industrial and M-1 Vacant and developed light industrial properties (Light Manufacturing District) REPORT TO THE CITY COUNCIL Rezone Application No. R-04-68 October 25, 2005 Page 4 ENVIRONMENTAL FINDING Environmental Assessment (EA) No. R-04-68/T-5388/V-05-07 was conducted for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The environmental assessment included a review of the proposed project and relevant environmental issues, and considered previously prepared environmental and technical studies including the Master Environmental Impact Report (MEIR No. 10130) for the 2025 Fresno General Plan. The initial study considered potential impacts associated with the subject rezoning, subdivision, variance, and vacation of parts of previously- dedicated rights-of-way for North Salinas Avenue and North Dante Avenue. The review examined traffic carrying capacity of the planned major street system; projected traffic generated from existing, planned, and proposed uses; drainage and flood control facilities; and utility service capacity for water and sewer collection and treatment and irrigation facilities. The initial study indicates that these applications, if approved, would create a project that conforms to the land use designation and policies (the Urban Form Element) of the 2025 Fresno General Plan and updated Bullard Community Plan and that potential environmental impacts associated with this project would be within the scope of the City of Fresno's Master Environmental Impact Report (MEIR) No. 10130 prepared and certified for the General Plan and Bullard Community Plan updates. A Finding of Conformity with MEIR No. 10130 was initially filed on July 28, 2005, but required amendment to include the right-of-way of a segment of North Dante Avenue in the project description. An Amended Finding of Conformity was filed on August 18, 2005. The Finding of Conformity incorporates a Mitigation Monitoring Checklist (see attached). A notice of this environmental finding was initially published in the Fresno Bee on July 28, 2005 and was re-published with the amended project description on August 18, 2005. No appeals or comments on either published notice were received as of October 20, 2005. BACKGROUND / ANALYSIS Rezone Application No. R-04-68 proposes to amend the existing R-A/UGM (Single Family Residential and Agricultural District/Urban Growth Management Area) to R-1/UGM (Single Family Residential District/UGM Area) to facilitate development of a residential subdivision consisting of 42 lots. The overall site for this proposed rezoning and subdivision is 11.3 acres and consists of Assessor's Parcel Number 509-020-23S and right-of-way to be vacated (one-half the width of the right-of-way of North Salinas Avenue south of its intersection with West San Jose Avenue, and the segment of North Dante Avenue between its intersection with North Salinas Avenue and West San Jose Avenue/North Dante Avenue). This is one of the last parcels to develop along this segment of the Herndon Canal, and making this an infill project. The property is currently vacant and uncultivated. It was formerly part of a fig ranch but is not in any agricultural use; therefore, there is no need to provide for ongoing agricultural uses through maintenance of R-A zoning. Due to the requirement to dedicate and complete the collector street (West San Jose Avenue)through the project site (from North Salinas Avenue to North Dante Avenue), the net acreage of the project will be approximately 9.5 acres. The R-1 district provides for smaller lot REPORT TO THE CITY COUNCIL Rezone Application No. R-04-68 October 25, 2005 Page 5 sizes, needed to most efficiently utilize this unusually-shaped parcel, and better suited to compatibility with surrounding residential parcels. Notices of the Planning Commission hearing on this proposed rezoning, subdivision, and variance were mailed to all property owners, using Fresno County Assessor's records of designated property tax bill recipients to generate the mailing list. Notices of the Planning Commission hearing were mailed on Friday, August 5, 2005, and notices of the City Council hearing were mailed on Friday, October 14, 2005. As of October 20, no appeals of the related development applications were submitted to the Planning and Development Department. Bullard Community Plan Implementation Committee On April 11, 2005, the project was reviewed by this Committee, which recommended approval of the proposed project by a unanimous vote (please refer to the attached Project Record). Fresno City Planning Commission On September 7, 2005, the Fresno City Planning Commission considered Rezone Application No. R-04-68, Tentative Tract Map Application No. T-5388, and Variance Application No. V-05-07. The Commission voted to recommend approval of the rezone application to the City Council by a vote of 6 to 0, adopting Resolution No. 12287 for that action (copy attached). The Commission also adopted Resolutions Nos. 12288 and 12289 to approve the tract map and variance applications, respectively, by the same margin. Land Use The subject property has a medium-density land use designation in the 2025 Fresno General Plan and updated Bullard Community Plan. The proposed rezoning to R-1/UGM (Single Family Residential District/Urban Growth Management Area) is consistent with this planned land use designation. The land use and zoning consistency matrix of the 2025 Fresno General Plan (General Plan Table 2) does not provide for R-A zoning in areas designated for medium-density land use. (R-A zoning is only consistent with rural residential and low-density residential land uses.) Therefore, Rezone Application No. R-04-68 resolves this property's currently inconsistent zoning. The 2025 Fresno General Plan land use and zoning consistency matrix indicates that the medium density residential use land use designation allows 4.99 -10.37 dwelling units per acre. The proposed subdivision is consistent with most provisions of the R-1 zone district but would yield 4.4 units per acre, due primarily to the unusual parcel configuration and the need to provide local streets whenever possible to avoid residential parcels fronting on West San Jose Avenue. Fresno Municipal Code Section 12-403-B-2.b(1) allows residential projects to be held consistent with a planned land use if they yield a density one step lower than the planned residential density. Planning policies require that, whenever possible, direct vehicular access from individual single family residential parcels to an adjacent major street should be prohibited. This typically requires a "back-up" treatment (masonry wall with landscape easement along the right-of-way) and the waiver of vehicular and pedestrian access rights to the major street. This policy is applied to the majority of the lots in Tentative Tract No. 5388/UGM. However, in cases where this is not possible, there is an alternate REPORT TO THE CITY COUNCIL Rezone Application No. R-04-68 October 25, 2005 Page 6 requirement that the lots have driveway turn-arounds so that occupants do not have to back onto the major street. The requirement that West San Jose Avenue, a collector street, be extended through this tract to join North Dante Avenue (at the Cornelia Avenue alignment) has necessitated special design features. Four lots in this tract map would have direct vehicular access to West San Jose Avenue, and one lot would have pedestrian access to West San Jose Avenue (but vehicular access would be limited to a local street). Because none of the adjacent properties provided an easement for multi-purpose trails outside of the canal easement, it has been determined that the planned trail in this area will have to be located contiguous with the Herndon Canal easement, utilizing some portion of on the bank of the canal. This will require continuing negotiation with Fresno Irrigation District on trail implementation and development of trail improvements that do not interfere with canal maintenance operations while providing an improved environment for trail users. Tentative Tract Map No. 5388/UGM The proposed subdivision would implement the site's planned land use and would provide for completion of the urban infrastructure and development pattern in the area. Conditions of approval for Tract Map No. T-5388 provide for infrastructure completion and maintenance, fire protection, aesthetics, and public safety. This tract map will build an important collector street link to joint the existing terminus of West San Jose Avenue (at North Salinas Avenue) with North Dante Avenue. The tentative tract map is consistent with the proposed R-1/UGM zoning and with 2025 Fresno General Plan goals for efficient land use, compact development and aesthetics. The subdivision contains a range of lot sizes from 6,180 to 12,971 square feet, presenting a range of housing opportunities. It provides a suitable transition between the medium-low density subdivision to the southeast and the planned unit development with reduced lot sizes to the northeast. Based upon analysis of the tract map application and the proposed conditions of approval for the tract map, the Planning Commission was able to make the findings required by the California Subdivision Map Act and approved the tract map application subject to the conditions of approval. There were no appeals filed within the specified period following this Planning Commission action, and the tract map stands approved, subject to City Council approval of the R-1/UGM rezone application. Variance Application No. V-05-07 Variance Application No. V-05-07 proposes that six of the parcels have reduced lot depth. All of these parcels all are well over 6,000 square feet minimum size required by the R-1 zone district, allowing lot size to compensate for depth. Two of the parcels back up to the Herndon Canal which would give a visual appearance of open space. Based upon analysis of the variance application, the Planning Commission was able to make the variance findings required by Fresno Municipal Code Section 12-405-A-2 and approved the application for Variance No. V-05-07 to allow Tentative Tract 5388/UGM to be constructed as proposed, subject to its Conditions of Approval dated September 7, 2005: There were no appeals filed within the specified period following this Planning Commission action, and the variance stands approved, subject to City Council approval of the R-1/UGM rezone application and related Tentative Tract Map No. T-5388/UGM. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-68 October 25, 2005 Page 7 Traffic Capacity: Circulation Element Plan Policies and Street System The Public Works Department Engineering Division Transportation Planning Section has reviewed the rezone, tract map, and variance applications and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated. As noted previously, this project would help to complete the City's major street circulation system by constructing a segment of collector street from the intersection of West San Jose Avenue and North Salinas Avenue westward to the intersection of North Dante and North Cornelia Avenues. Standard traffic capacity evaluations for four-lane undivided collectors state that 24,000 average daily vehicle trips may be accommodated by West San Jose Avenue. This subdivision would generate approximately 402 average daily trips (ADTs). Peak travel associated with this project will be under 100 a.m. and p.m. trips. (No traffic study was required.) West San Jose Avenue traffic counts have not been reflected in the Council of Fresno County Governments Fresno Regional Traffic Modeling Report (2003), but the Department of Public Works has accepted recent (July 2004) counts for the segment west of North Marty Avenue: 3,368 eastbound and 3,955 westbound ADTs. Therefore, this project would not exceed the capacity of West San Jose Avenue. Local streets such as North Salinas Avenue have a capacity for up to 1,000 average daily vehicle trips, and this project will not adversely impact the capacity of the street serving it. While 37 of the tract lots will take their access from local streets (cul-de-sacs) required to be constructed for the tract, five will front on West San Jose Avenue. The Herndon Canal bounds this property to the west and southwest; a developed tract with no "stub" streets lies to the southeast; a ponding basin lies north of this proposed tract; and the subdivision to the northeast (Tract 5315/UGM) is a gated community with private streets and outlots maintained by a homeowner's association. Therefore, there are no local public streets, which could have been extended into the subject property in order to provide alternative access for the five parcels which are proposed to front on West San Jose Avenue. Tract Map conditions have been applied to lots along West San Jose Avenue to provide for safe vehicular and pedestrian access and major street frontage aesthetics. The street vacation study for the abutting portions of North Salinas and North Dante Avenues has been completed by the Public Works Department, and the applicants have reached agreement with Public Works on conditions recommended for that street vacation (as reflected in the tract map conditions). These local street segments were dedicated decades ago, but never constructed, for the original Bullard Lands Irrigated Subdivision. The description of property involved in proposed Rezone No. R-04-68 includes the area of these street vacations. Because there is no Salinas Avenue bridge proposed over the Herndon Canal, the segment of Salinas Avenue south of West San Jose Avenue is not needed. (The easterly half of this segment of North Salinas Avenue was vacated when the adjacent subdivision to the east, Tract 3142/UGM, was constructed. At that time City policy did not provide for full-width street vacation; therefore, the westerly half of North Salinas Avenue is being vacated with this project.) North Dante Avenue was originally proposed to extend from this segment of Salinas Avenue. However, since the abovementioned segment of North Salinas Avenue is being vacated, and since West San Jose Avenue is being constructed, the previously-dedicated segment of Dante Avenue on this property's Herndon Canal frontage is not needed and can be vacated. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-68 October 25, 2005 Page 8 California Department of Transportation The California Department of Transportation District 6 Office of Transportation Planning ("Caltrans") submitted comments on this project in a letter dated April 12, 2005 (attached). This letter affirms that the vehicular travel associated with this project is not expected to create significant impacts to the State highway system, but that development in general has the potential to create cumulatively significant impacts. Cumulative traffic impacts and air quality impacts have already been analyzed, and determinations made on these impacts, feasible mitigations for them, and over-riding considerations, with the certification of Final Master Environmental Impact Report (MEIR) No. 10130 for the 2025 Fresno General Plan. This project is consistent with the 2025 Fresno General Plan and does not intensify land uses analyzed in that MEIR. Caltrans suggested that the "Toolbox" from the San Joaquin Valley Growth Response Study be used to analyze this project and others which have been throughout the City, in particular the High Rise Corridor area. However, the subject applications pertain to a small, site-specific, single-use project, not within the High Rise Corridor.. The "Toolbox" is more applicable to potential mixed-use projects on a larger scale. The Caltrans letter also suggested that a transit alternative should be considered for this project. (It is noted that the rezone, tract map, and variance applications were routed to FAX for review, and FAX had no comments or suggested conditions.) The project is located in reasonable proximity to Fresno Area Express (FAX) Routes 9 and 20. Due to its location and size, it would not be appropriate to incorporate a public park-and-ride lot in the project. The project includes provisions for pedestrian access. When the project is developed and the homes are occupied, it is anticipated that the owners may make some arrangements for vanpool and carpooling, as their schedules and employment locations may make feasible, but it is not possible for a subdivider to make these arrangements before homes are sold. Public Utilities and Irrigation Facilities Pursuant to tract map conditions of approval, the developer is required to install water and sewer mains in the West San Jose Avenue to complete the City's utility network and to serve this project, and is required to provide individual water services and sewer house branches to each parcel. In order to provide proper pitch for the sewer main in West San Jose Avenue, the property will require re-grading and elevation. Since it is a requirement that homes along the Herndon Canal be elevated to prevent flood damage from "break-over" (water overtopping the canal banks during extreme runoff events), the elevation of grade for West San Jose Avenue will be commensurate with other grading required in the tract and with grading done for Tract 5315 to the north. Fresno Irrigation District (FID) has reviewed this project and submitted requirements reflected in tract map conditions. In addition to requiring FID review of grading plans, the irrigation district is requiring dedication of an easement or fee title conveyance of the land covered by its Herndon Canal No. 39 and maintenance access area on the ditch bank. The Herndon Canal is considered too large to feasibly pipe. As a safety measure, the tract map conditions require fencing to be installed at the backs of residential parcels that abut this canal. As the aerial photo shows, there is a tributary canal running from Salinas Avenue to the Herndon Canal through the subject property. This canal, "Ditch No. 128," is within the size range that can feasibly be piped. Relocation of this canal to the eastern boundary of the site and enclosing this canal in an underground pipeline pursuant to an agreement with FID are conditions of approval for the tract map. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-68 October 25, 2005 Page 9 Drainage and Flood Control This project is located in Fresno Metropolitan Flood Control District (FMFCD) Drainage Area EF. The ponding basin serving this drainage area lies north of the east end of the subject property. FMFCD reviewed the proposed rezone, tentative tract map, and variance applications, and found that this project is consistent with FMFCD's Master Drainage Plan. The applicant will participate in constructing FMFCD Master Plan facilities through construction or through payment of drainage fees and will assist in implementing FMFCD's Master Plan through grading and street improvements. Grading plans for the streets and residential lots require FMFCD approval. With construction of storm drain facilities required by FMFCD, there will be no need for a temporary on-site basin to serve the tract. The developer of this project is required to pay $31,588 in drainage fees, all or part of which may be offset by construction of master planned facilities. The applicant will also be required to work with FMFCD in constructing West San Jose Avenue west of the tract, where the collector street will be connecting to North Dante Avenue through a portion of current Basin EF frontage. Landscaping and Walls The developer is required to install a masonry wall with a ten-foot wide landscape setback as backup treatment along most portions of West San Jose Avenue (with the exception of the parcels that need vehicular and pedestrian access to West San Jose Avenue). The ten-foot wide major street landscape strip may be maintained by a Community Facilities District (CFD), or by a homeowner's association. For the six parcels with a front yard orientation to West San Jose Avenue, the individual property owners will be responsible for landscape maintenance. CONCLUSION The appropriateness of the proposed rezone has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and Bullard Community Plan; its compatibility with surrounding existing and proposed uses; its avoidance or mitigation of potentially significant adverse environmental impacts, and its implementation with concurrent tract map and variance applications filed for the subject property. Upon consideration of this evaluation, it can be concluded that the proposed R-1/UGM (Single Family Residential District/Urban Growth Management Area) zoning is appropriate for the subject property. Attachments: Vicinity Map Aerial Photo of project vicinity Tentative Tract Map No. 5388/UGM exhibit, dated April 4, 2005 Bullard Community Plan Advisory Committee Project Record, dated April 11, 2005 Letter from Caltrans District 6, dated April 12, 2005 Environmental Assessment No. S-04-547 Finding of Conformity with MEIR No. 10130 and Mitigation Measure Checklist, dated August 31, 2005 Planning Commission Resolution Nos. 12287, 12288, and 12289, dated September 7, 2005 Proposed Ordinance Bill for Rezone Application No. R-04-68 K:\Master Files-Tract Maps\T-5388-Sandra Brock(R-04-68)\T-5388, R-04-68,V-05-07 17 RCC 05-10-25.doc R-2 F q: r. - R1 - 1 5 M-1-P v P 5P ": d, R- v Py �°SF CO �q Q R-1 COGS y@ yQ <1,� x'00 �\�J M 1-P LEGEND Subject Property U.G.M.Area VICINITY MAP PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO. 5388/UGM N DEPARTMENT REZONE APPLICATION NO. R-04-068 A.P.N.: 509-020-23S From R-A/UGM to R-1/UGM µ' VARIANCE APPLICATION NO. V-05-007 ZONE MAP: 1845 Southwest corner, Salinas and San Jose Aves. 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The tract map and variance applications propose a 42- lot single family residential subdivision with six lots to be developed with reduced lot depths. (Staff planner: Sandra Brock) COMMITTEE RECOMMENDATION APPROVE ❑ APPROVE WITH CONDITIONS ❑ DENY ❑ NO ACTION Y F � Bums HendryHoltkamp Kowalczyk Kloose Lambe Napoli Po tanich Reed Rodriguez Scott Approve ✓ ✓ Deny Abstain Absent COMMITTEE CONDITIONS / COMMENTS l� � /�' 4/ Staff Liaison-4-P i l Date: 05 KACommon\Masmittees\13ullard Committee\R-04-085 Project Record.doc STATE OF CALIFORNIA—BUSINESS.TRANSPORTATION AND HOUSING AGENCY ARNOLD S HWARZ NEGG R Goveml DEPARTMENT OF TRANSPORTATION - 1352 WEST OLIVE AVENUE e P. O. BOX 12616 FRESNO,CA 93778-2616 "'-TONE (559)445-6666 Flex your power! X (559)488-4088 LF-1 EC . ]Y (559)488-4066 U-11 `� V�� Be energy efficient! April 12, 2005 APR 11 200 2131-IGRiCEQA Manning Division 6-FRE-99-28.5+/- Development Deoartmeni R-04-68, T-5388 & V-05-07 Ms. Sandra Brock CITY Or FRESNO City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno,CA 93721-3604 Dear Ms. Brock: We have reviewed the rezone, tract map and variance for the proposed 42-lot single-family residential project located at the northwest and southwest corner of West San Jose and North Salinas Avenues. Caltrans has the following comments: The proposed development, in and of itself, is not expected to create significant impacts to the State Highway System. However, continued development has the potential to create cumulatively significant impacts to both transportation and air quality. As the General Plan Update Master EIR did not evaluate cumulative impacts to these resources, the City should consider a mechanism for evaluating and mitigating for them. The City should consider a transit alternative for this project. There is sufficient development in this general area 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 consider using the "Toolbox" from the San Joaquin Valley Growth Response Study to prepare an analysis of the impacts created by this and other approved developments in the City. This would help to clarify issues that have been raised since the General Plan Update regarding densities in general and the High Rise Corridor specifically. Caltrans is available to partner with the City in this endeavor. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s)to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at(559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "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. FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12287 The Fresno City Planning Commission,at its regular meeting on September 7,2005,adopted the following resolution relating to Rezone Application No. R-04-68. WHEREAS, Rezone Application No. R-04-68 has been filed with the City of Fresno by Michael Sutherland and Associates Land Surveying & Civil Engineering Services on behalf of Spradling Construction, Inc. to rezone the property as described below: REQUESTED ZONING: R-1/UGM (Single Family ResidentiallUrban Growth Management Area) EXISTING ZONING: R-A/UGM (Residential and Agricultural District/Urban Growth Management Area) LOCATION: The site is located on the northwest side of North Salinas Avenue on the north side of the Herndon Canal (north of West Shaw Avenue, east of North Cornelia Avenue and west of North Figarden Drive) ASSESSOR'S PARCEL NUMBER: APN 509-020-23S LEGAL DESCRIPTION: From R-A/UGM to R-1/UGM: LOTS 977, 978, 981, AND 982 OF BULLARD LANDS IRRIGATED SUBDIVISION No. 6, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8 PAGES 25 AND 26 OF PLATS, FRESNO COUNTY RECORDS: EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE MINERALS,GAS,OILS,PETROLEUM, NAPTHA AND OTHER HYDROCARBON SUBSTANCES. ALSO EXCEPTING THEREFROM THOSE PORTIONS OF LOTS 977 AND 978 LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWESTERLY MOST CORNER OF SAID LOT 977; THENCE SOUTH 62006'24° EAST ALONG THE SOUTHERLY LINE OF SAID LOT 977 A DISTANCE OF 403.22 FEET MORE OR LESS TO AN ANGLE POINT ON THE SOUTHERLY LINE OF SAID LOT 977;THENCE LEAVING SAID SOUTHERLY LINE NORTH 27063'36"EAST A DISTANCE OF 22.74 FEET TO A POINT ON THE CENTER LINE OF FUTURE ROADWAY;THENCE SOUTH 62006'24° EAST ALONG SAID CENTER LINE A DISTANCE OF 143.37 FEET; THENCE 118.37 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 550.00 FEET AND A CENTRAL ANGLE OF 12°19'52"; THENCE SOUTH 74026'16" EAST A DISTANCE OF 135.91 FEET MORE OR Planning Commission Resolution No. 12287 Rezone Application No. R-04-68 September 7, 2005 Page 2 LESS TO A POINT ON THE EAST LINE OF LOT 978 OF SAID BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, AND END OF HEREIN DESCRIBED LINE. ASSESSOR'S PARCEL NO.: 509-020-23S AND THOSE PORTIONS OF NORTH SALINAS AVENUE AND NORTH DANTE AVENUE TO BE VACATED, AS IDENTIFIED ON THE ATTACHED EXHIBIT A APPROVED BY THE CITY OF FRESNO PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed single family residential dwelling subdivision consistent with the 2025 Fresno General Plan and Bullard Community Plan urban form and land use elements; and, WHEREAS, the Planning and Development Department conducted Environmental Assessment No. R-04-68/T-5388/V-05-07 for the rezone,tentative tract, and variance applications and published a proposed Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) for this Environmental Assessment, dated August 18, 2005; with a list of mitigation measures applicable to development of this project; and WHEREAS, during the September 7, 2005 hearing, the Commission received a staff report and related information, environmental documents and solicited testimony regarding the requested zoning change and its related subdivision application; and, WHEREAS, the Bullard Community Plan Implementation Committee reviewed the rezone application and related application for Tentative Tract Map. No. 5388/UGM and Variance Application No. V-05-07 on April 11, 2005, and recommended approval; and, WHEREAS,the Fresno City Planning Commission on September 7, 2005, reviewed the subject rezone application,tentative tract map application,and variance application in accordance with the policies of the 2025 Fresno General Plan and Bullard Community Plan. 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 Rezone Application No. R-04-68 may have a significant adverse effect on the environment, and concurs with the proposed, affirming this Finding of Conformity for the tentative tract map and recommending that the City Council approve this Finding of Conformity for the rezone application. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM (Single Family Residential/Urban Growth Management) zone district designation be approved. Planning Commission Resolution No. 12287 Rezone Application No. R-04-68 September 7, 2005 Page 3 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Vang VOTING: Ayes - DiBuduo, Vang, Chert', Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - None DATED: September 7, 2005 1rFr C P. YOVINO, Secretary s oity Planning Commission Attachment: Exhibit A, depicting vacation of the west half of North Salinas Avenue south of West San Jose Avenue abutting the subject Assessor's Parcel and depicting vacation of most of the full width of North Dante Avenue from North Salinas Avenue northward between the subject Assessor's Parcel and the Herndon Canal Resolution No. 12287 Rezone No. R-04-68 Filed by Michael Sutherland and Associates Land Surveying&Civil Engineering Services on behalf of Spradling Construction, Inc. APN 509-020-235 Action: Recommend Approval Q SOUTHWESTERLY LINE OF LOT 977EXHIBIT OF MAP OF B.L.I.S. EXHIBI T "A AS REQUIRED EY L. VqCPk-na pj _j W NO. 6 ..If............. z 01-30, —30, q J SOUTHWESTERLY RIGHT-OF-WAY LINE OF A FUTURE ROADWAY AS SHOWN ON THE RECORD OF SURVEY MAP FILED IN BOOK 43 OF RECORDS OF SURVEY AT PAGE o Q 65, F.C.R. h�P V6 APN 509-020-22 C'- 8 APN 509-020-03 N 85042'40' W 64.27' PROPOSED FUTURE ROADWAY PER RECORD OF SURVEY FILED IN BOOK 43 OF RECORD OF SURVEYS AT PAGE 65, F.C.R. SOUTHERLY PROLONGATION OF THE NORTHWESTERLY PROLONGATION WEST LINE OF LOT 977 OF THE NORTHEASTERLY LINE OF OF MAP OF B.L.I.S. NO. 6 0 LOT 38 OF TRACT NO. 3142. N 51008'44' W 25.00' .... 4- SOUTHWESTERLY LINE OF LOT 'p -I- J, "!� 978 OF MAP OF B.L.I.S. No. 6 7, 0.0. V. N\ V. 9 82 IN, 061-1 APN 509-020-23IN, 0;zo;� SOUTHWESTERLY RIGHT-OF-WAY g0 0 ?"P& 0 � A- LINE OF 50 FOOT WIDE AVENUE qa owl << AS SHOWN ON MAP OF B.L.I.S. NO. 6 %p 99 '9 0"-jqA 4,p 4, . .ep �'b 0 A- 4j, 0 �T' 0, Ay*� - - 44, sF SOUTHWESTERLY LINE OF LOT +0"� 982 OF MAP OF B.L.I.S. N0. 6 FZG Tc , 'k, tA, o 19 (91 .'9 LANDS SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF alp S/j LOT 982 OF MAP OF B.L.I.S. NO. 6 J? N 38°55'20' E 50.2I' 00, NORTHWESTERLY PROLONGATION 6 OF THE SOUTHWESTERLY LINE OF LOT 33 OF TRACT NO. 3142. 25' PREVIOUSLY S 45*49'24" E 25.11' ABANDONED PER MAP OF TRACT NO. 3142 OF C;0 MOST WESTERLY CORNER OF LOT 33 OF TRACT NO. 3142 POINT OF BEGINNING OF-J PARCEL 2: LEGEND CORNER OFMOST LOT 38 OFNORTHERLY TRACT NO. 3142 B.L.I.S. BULLARD LANDS IRRIGATED SUBDIVISION POINT OF BEGINNING OF INDICATES AREA TO BE VACATED PARCEL 1: MOST SOUTHERLY PREVIOUSLY DEDICATED FOR PUBLIC CORNER OF LOT 982 OF USE PER MAP OF B.L.I.S. NO. 6 MAP OF B.L.I.S. NO. 6 NORTH "N DECEMBER 9, 2004 Michael Sutherland NAm my MIKE HARTLEY SCALE, 1'-2001 scAl 1'-200' M and Associates p"111601M"m SEE FILE PN"CT Q 03-1748 S LAND SURVEYING AND o i00 200 CIVIL ENGINEERING SERVICES A-322 A 36691 Avenue 12 - Madera, CA 93638 9qQ7 I or 1 welys (559)447-5815/645-4730 (Fox 645-0241) FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12288 The Fresno City Planning Commission at its regular meeting on September 7, 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, Tentative Tract Map No. 5388/UGM was filed with the City of Fresno by Michael Sutherland and Associates Land Surveying&Civil Engineering on behalf of Spradling Construction, Inc.; and, WHEREAS, this application proposes to subdivide the subject property, consisting of 11.3± acres, located in the City of Fresno on the northwest side of North Salinas Avenue on the north side of the Herndon Canal (north of W. Shaw Avenue, east of N. Cornelia Avenue and west of N. Figarden Drive), into 42 single-family lots and to install related infrastructure; and, WHEREAS, related Variance Application No. V-05-07 proposes that seven of the parcels in this subdivision be permitted to have less than the required lot depth for the R-1 (Single Family Residential) zone district proposed for this property pursuant to Rezone Application No. R-04-68; and WHEREAS, the Bullard Community Plan Implementation Committee reviewed this subdivision application and related Rezone Application No. R-04-68 and Variance Application No. V-05-07 on April 11, 2005, and recommended approval of Tentative Tract Map No.5388/UGM and the related rezoning and variance applications; and, WHEREAS, the Planning and Development Department conducted Environmental Assessment No. R-04-68/T-5388N-05-07 for the rezone,tentative tract,and variance applications and published a proposed Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)for this Environmental Assessment,dated August 18, 2005;with a list of mitigation measures applicable to development of this project; and WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the Planning Commission staff report dated September 7, 2005; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on September 7, 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 Tentative Tract Map No.5388/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 August 18,2005, prepared for Environmental Assessment No. R-04-68/T-5388/ V-05-07. Planning Commission Resolution No. 12288 Tentative Tract Map No. T-5388/UGM September 7, 2005 Page 2 BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map pursuant to Section 12-403-B-2.b(1).of the Fresno Municipal Code,is consistent with the adopted 2025 Fresno General Plan and the Bullard Community Plan and the findings required pursuant to Section 66410 et seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5388/UGM subject to the Planning and Development Department Conditions of Approval, dated September 7, 2005, subject to approval of Variance Application No. V-05-07,and provided that the R-1/UGM(Single Family ResidentiaUUrban Growth Management Area)and zoning requested by Rezone Application No. R-04-068 is approved and in effect prior to the issuance of permits for development of this tract. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Vang. VOTING: Ayes - DiBuduo, Vang, Cherry, Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - None DATED: September 7, 2005 NICK . YOVINO, Secretary Fres City Planning Commission Resolution No. 12288 Vesting Tentative Tract No. T-5388/UGM Filed by Michael Sutherland and Associates Land Surveying & Civil Engineering on behalf of Spradling Construction, Inc.. APN 509-020-23S Action: Approve with conditions FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12289 The Fresno City Planning Commission at its regular meeting on September 7, 2005, adopted the following resolution relating to Variance Application No. V-05-07. WHEREAS, Variance Application No. V-05-07 was filed by Michael Sutherland and Associates Land Surveying & Civil Engineering Services on behalf of Spradling Construction, Inc., for approximately 11.3 acres of land located on the northwest side of North Salinas Avenue and on the north side of the Herndon Canal (north of W. Shaw Avenue, east of N. Cornelia Avenue and west of N. Figarden Drive); and WHEREAS, this variance application was filed in conjunction with Tentative Tract Map Application No. 5388/UGM and in conjunction with Rezone Application No. R-04-68 requesting R-1 (Single Family Residential District); and WHEREAS, this variance application requests that six lots of the proposed tentative tract map be allowed to have less than the lot depth required for R-1 (Single Family Residential District) lots, per Section 12-211.5-B-2 of the Fresno Municipal Code; and, WHEREAS, the Bullard Community Plan Implementation Committee reviewed this variance application and related Rezone Application No. R-04-68 and Tentative Tract Map Application No. 5388/UGM on April 11, 2005, and recommended approval of Variance Application No. V-05-07 and the related rezoning and tentative tract map applications; and, WHEREAS, the Planning and Development Department conducted Environmental Assessment No. R-04-68lT-5388N-05-07 for the rezone, tentative tract, and variance applications and published a proposed Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) for this Environmental Assessment, dated August 18, 2005; with a list of mitigation measures applicable to development of this project; and WHEREAS, the Planning Commission conducted a public hearing to review the proposed variance application in conjunction with the rezone and tentative tract map applications, and considered the staff report and invited testimony with respect to the proposed request; and, WHEREAS, the Planning and Development Department staff report, dated September 7, 2005, recommended that the Planning Commission make the findings required by Section 12-405-A-1 of the Fresno Municipal Code and approve the proposed project; and, WHEREAS, on September 7, 2005, the Fresno City Planning Commission received this staff report with environmental documents and related information; invited testimony on the proposed project, and reviewed the subject variance application in accordance with the policies of the Bullard Community Plan, the 2025 Fresno General Plan, and Chapter 12 of the Fresno Municipal Code; and, 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 Tentative Tract Map No. 5388/UGM may have a significant effect on the environment, as identified by the Resolution No. 12289 Variance Application No. V-05-07 September 7, 2005 Page 2 Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 18, 2005, prepared for Environmental Assessment No. R-04-68/T-5388/V-05-07. BE IT FURTHER RESOLVED that, as a result of the staff report presented at said hearing, the Planning Commission made the following findings as required by Section 12-405-A-1 of the Fresno Municipal Code: a. Because of special circumstances (other than monetary hardship) applicable to the property including its size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges (not including the privilege of maintaining a nonconforming use or status) enjoyed by other property in the vicinity and in an identical zoning district. b. The granting of variance will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is situated. c. The grant of variance will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. d. The grant of variance will not be in conflict with established general and specific plans and policies of the city. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Variance Application No. V-05-07 subject to approval of Tentative Tract Map No. 5388 and Rezone Application No. R-04-68. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Vang. VOTING: Ayes - DiBuduo, Vang, Cherry, Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - None 1P. DATED: September 7, 2005 NIVINO, Secretary Fresno City Planning Commission Resolution No. 12289 Variance Application No. V-05-07 Filed by: Michael Sutherland and Associates Land Surveying & Civil Engineering on behalf of Spradling Construction, Inc. Action: Approved Recording Requested by: City Clerk, Fresno, California No Fee--Govt. Code §6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-04-68 has been filed with the City of Fresno by Michael Sutherland and Associates Land Surveying & Civil Engineering Services the property owners listed below to rezone property located within the City of Fresno. Property owner: Spradling Construction, Inc. WHEREAS, the Bullard Community Plan Implementation Committee considered Rezone Application No. R-04-68 and related Tentative Tract Map No. 5388/UGM and Variance Application No. V-05-07 at its meeting of April 11, 2005, and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 7th day of September 2005, to consider Rezone Application No. R-04-68 and its related Environmental Ordinance Amending Official Zone Map Rezone Application No. R-04-68 Page 2 Assessment No. R-04-68/T-5388N-05-07. During this hearing, the Commission recommended to the Council of the City of Fresno approval of the subject rezone application which proposes to amend the City's Zoning Ordinance on real property described hereinbelow from the R-A/UGM (Residential and Agricultural District, Urban Growth Management Area) zone district to the R-1/U GM (Single Family Residential district/Urban Growth Management Area) zone district; and, WHEREAS, the Council of the City of Fresno, on the 25th day of October 2005, received the recommendation of the Planning Commission. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds, in accordance with its own independent judgment, that there is no substantial evidence in the record that the rezoning may have a significant adverse effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Master Environmental Impact Report (MEIR No. 10130) dated August 18, 2005, prepared for Environmental Assessment No. R-04-68/T-5388N-05-07. Accordingly, the Finding of Conformity for Environmental Assessment No. R-04-68/T-5388/ V-05-07 is hereby approved. SECTION 2. The Council finds, pursuant to Section 12-403-B.2.b(1) of the Fresno Municipal Code, that the requested R-1/UGM zone district is consistent with the medium density residential planned land use designation pertaining to this property as specified by the 2025 Fresno General Plan and Bullard Community Plan SECTION 3. The Council ordains that the zone district of the real property described hereinbelow, located in the City of Fresno, is reclassified from the R-A/UGM (Residential and Ordinance Amending Official Zone Map Rezone Application No. R-04-68 Page 3 Agricultural District, Urban Growth Management Area) zone district to the R-1/LIGM (Single Family Residential district/Urban Growth Management Area) zone district. LOTS 977, 978, 981, AND 982 OF BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 8 PAGES 25 AND 26 OF PLATS, FRESNO COUNTY RECORDS: EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE MINERALS, GAS, OILS, PETROLEUM, NAPTHA AND OTHER HYDROCARBON SUBSTANCES. ALSO EXCEPTING THEREFROM THOSE PORTIONS OF LOTS 977 AND 978 LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWESTERLY MOST CORNER OF SAID LOT 977; THENCE SOUTH 6200624" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 977 A DISTANCE OF 403.22 FEET MORE OR LESS TO AN ANGLE POINT ON THE SOUTHERLY LINE OF SAID LOT 977; THENCE LEAVING SAID SOUTHERLY LINE NORTH 2706336" EAST A DISTANCE OF 22.74 FEET TO A POINT ON THE CENTER LINE OF FUTURE ROADWAY; THENCE SOUTH 6200624" EAST ALONG SAID CENTER LINE A DISTANCE OF 143.37 FEET; THENCE 118.37 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 550.00 FEET AND A CENTRAL ANGLE OF 1201952"; THENCE SOUTH 7402616" EAST A DISTANCE OF 135.91 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF LOT 978 OF SAID BULLARD LANDS IRRIGATED SUBDIVISION NO. 6, AND END OF HEREIN DESCRIBED LINE. ASSESSORS PARCEL NO.: 509-020-23S and THOSE PORTIONS OF NORTH SALINAS AVENUE AND NORTH DANTE AVENUE TO BE VACATED, AS IDENTIFIED ON EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. 111 Ui > SOUTHWESTERLY 4 LINE OF LOT 977 EXHIBIT :5 OF MAP OF B.L.I.S. EXHIBIT "A AS REQUIRED Ey efei t�- - L V Pk-na W w N0. 6 ............. z 30' . .. .. C Pv SOUTHWESTERLY RIGHT-OF-WAY LINE OF A FUTURE ROADWAY AS SHOWN ON THE A� RECORD OF SURVEY MAP FILED IN BOOK 43 OF RECORDS OF SURVEY AT PAGE O IQI. . . J. 65, F.C.R. APN 509-020-22 f APN 509-020-03 N 85°42'40" IN 64.27' PROPOSED FUTURE ROADWAY PER RECORD OF SURVEY FILED IN BOOK 43 OF RECORD OF SURVEYS AT PAGE 65, F.C.R. SOUTHERLY PROLONGATION OF THE NORTHWESTERLY PROLONGATION WEST LINE OF LOT 977OF THE NORTHEASTERLY LINE OF OF MAP OF B.L.I.S. NO. 6 LOT 38 OF TRACT NO. 3142. -�N 51008'44" W 25.00' SOUTHWESTERLY LINE OF LOT 978 OF MAP OF B.L.I.S. NO. 6 0. O. APN 509-020-23 -Q� 0 SOUTHWESTERLY RIGHT-OF-WAY gp I-1-111p 0 96 a LINE OF 50 FOOT WIDE AVENUE 0�< 1�q 0A, AS SHOWN ON MAP OF B.L.I.S. NO. 6 <44, C.7 'q Z.J.- 0 J'- SOUTHWESTERLY LINE OF LOT 982 OF MAP OF B.L.I.S. NO. 6 /4' 7 41 > rill LANDS SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF d9 a SVT LOT 982 OF MAP OF B.L.I.S. NO. 6 00. N 38'55'26" E 50.21' :E p NORTHWESTERLY PROLONGATION 06 OF THE SOUTHWESTERLY LINE OF LOT 33 OF TRACT NO. 3142. 25' PREVIOUSLY S 45*49'24* E 25.11' ABANDONED PER MAP OF TRACT NO. 3142 OF C t'0F MOST WESTERLY CORNER OF LOT 33 OF TRACT NO. 3142 POINT OF BEGINNING OF PARCEL 2: LEGEND CORNER OFMOST LOT 38 OFNORTHERLY TRACT NO. 3142 B.L.I.S. BULLARD LANDS IRRIGATED SUBDIVISION POINT OF BEGINNING OF INDICATES AREA TO BE VACATED PARCEL 1: MOST SOUTHERLY PREVIOUSLY DEDICATED FOR PUBLIC CORNER OF LOT 982 OF USE PER MAP OF B.L.I.S. NO. 6 MAP OF B.L.I.S. NO. 6 NORTH DAW DECEMBER 9. 2004 Michael Sutherland mA-ev MIKE HARTLEY SCALE, V-200' 1'-200' m and Associates SEE FILE Pooxcr No. 03-1748 wmm""I LAND SURVEYING AND 0 IGO zoo CIVIL ENGINEERING SERVICES A-322 36691 Avenue 12 - Madera, CA 936313 9*1T I or 1 9¢rs (559)447-5815/645-4730 (Fox 645-0241) CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By Deputy Rezone Application No. R-04-68 Filed by Michael Sutherland and Associates Land Surveying & Civil Engineering Services on behalf of Spradling Construction, Inc. Assessor's Parcel No. 509-020-23S City of �: REPORT TO THE PLANNING COMMISSION FgGENDA ITEM NO. v I I I . H n�� COMMISSION MEETING: 9/7/05 September 7, 2005 APPROVED 8Y FROM: STAFF, Planning Division DW Planning and Development Department DEPARTMENT DIREC O SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-068, TENTATIVE TRACT MAP APPLICATION NO. 5388/UGM, VARIANCE APPLICATION No. V-05-07, AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT No. R-04-68/T-5388N-05-07 (Continued from August 17, 2005) EXECUTIVE SUMMARY Rezone Application No. R-04-068 is a request to rezone 11.3 acres (Assessor's Parcel Number 509-020-23), located on the west side of North Salinas Avenue, north of the Herndon Canal (north of West Shaw Avenue between North Cornelia Avenue and North Gates Avenue), from R-A/UGM (Single Family Residential and Agricultural District, Urban Growth Management Area) to R-1/UGM (Single-Family Residential DistricbUGM Area). Tentative Tract Map Application No. 5388/UGM is a request to subdivide these 11.3 acres (net 9.5 acres after dedication of West San Jose Avenue through the property) into 42 single family residential lots with concomitant grading, installation of related infrastructure to serve this project, and relocation of on-site irrigation facilities. Variance Application No. V-05-07 requests a reduction of the Fresno Municipal Code's 100-foot lot depth standard for the R-1/UGM zone district for six of the proposed lots. This project includes vacation of the westerly half of North Salinas Avenue between West San Jose Avenue and the Herndon Canal (the easterly half of this street segment was previously vacated), and vacation of the entire width of the North Dante Avenue right-of-way from its intersection with North Salinas Avenue to its future intersection with West San Jose Avenue (this segment of West San Jose Avenue is being constructed with tract improvements). This property is designated for medium- density residential use in the 2025 Fresno General Plan and Bullard Community Plan, and this infill project is consistent with that plan designation. The rezone, tentative tract map, and variance applications are recommended for approval by staff and by the Bullard Community Plan Advisory Committee, which reviewed this project on April 11, 2005. PROJECT INFORMATION PROJECT: A 42-lot single family residential subdivision on 11.3 acres (to be developed at an overall density of 4.4 units per acre after dedication of a collector street through the subdivision), with a variance to allow six lots with reduced depth APPLICANT: Subdivider of record/owner: Spradling Construction, Inc. Applicants' representative: Michael Sutherland and Associates Land Surveying & Civil Engineering Services. LOCATION: APN 509-020-23 Northwest side of North Salinas Avenue on the north side of the Herndon Canal (north of W. Shaw Avenue, east of N. Cornelia Avenue and west of N. Figarden Drive) (Council District 2, Brian Calhoun) REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068, Tentative Tract Map No.T-5388/UGM, Variance Application No.V-05-07 Page 2 September 7, 2005 SITE SIZE: 11.3 acres gross; 9.5 acres net after dedication of West San Jose Avenue (collector street) LAND USE: Existing —Vacant and uncultivated Proposed - Single Family Residential Development PLAN DESIGNATION In the adopted 2025 Fresno General Plan and Bullard AND CONSISTENCY: Community Plan, subject property was assigned the medium density residential land uses: The proposed rezone to R-1/UGM is consistent with this plan designation, and the proposed subdivision is consistent with the plan designation per FMC §12-403-B-2.b(1) EXISTING ZONING: R-A/UGM (Single Family Residential and Agricultural District/Urban Growth Management Area) PROPOSED ZONING: R-1/UGM (Single Family Residential District/UGM Area) ENVIRONMENTAL FINDING: Amended Finding of Conformity (including the vacation of North Dante Avenue between North Salinas and West San Jose Avenues) was filed on August 18, 2005 and noticed in the Fresno Bee on that same day. PLAN COMMITTEE Bullard Community Plan Implementation Committee RECOMMENDATION: recommended approval on April 11, 2005 STAFF RECOMMENDATION: Approval of project, subject to compliance with the conditions listed below in the attached Tract Map Conditions and in conformance with mitigation measures of MEIR 10130 BORDERING PROPERTY INFORMATION PLANNED LAND USE EXISTING ZONING EXISTING USE R-A/UGM, NORTH Ponding Basin (Single-Family Residential- Fenced and partially improved Agricultural District/Urban Growth FMFCD Ponding Basin EF Management Area) R-1/UGM/cz, NORTHEAST Medium Low Density (Single Family Residential Single-family residential subdivision Residential District/Urban Growth under construction (Tract 5388/1UGM) Management Area) SOUTHEAST Medium-Density R-1/UGM, Single-Family Residential Residential neighborhood canal - - - Herndon Canal WEST M-1-P AND (Industrial Park Manufacturing SOUTHWEST District) Light Industrial and M-1 Vacant and developed light industrial properties (Light Manufacturing District) 1 11 REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068, Tentative Tract Map No. T-5388/UGM, Variance Application No. V-05-07 Page 3 September 7, 2005 ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment (EA) No. R-04-068/T-5388N-05-07 considered potential environmental impacts associated with the subject rezoning, subdivision, variance, and vacation of parts of the previously-dedicated rights-of-way for North Salinas Avenue and North Dante Avenue. The study indicates that these applications, if approved, would create a project that conforms to the land use designation and policies (the Urban Form Element) of the 2025 Fresno General Plan and updated Bullard Community Plan and that potential environmental impacts associated with this project would be within the scope of the City of Fresno's Master Environmental Impact Report (MEIR) No. 10130 prepared and certified for the General Plan and Bullard Community Plan updates. A Finding of Conformity with MEIR No. 10130 was initially filed on July 28, 2005, but required amendment to include the right-of-way of a segment of North Dante Avenue in the project description. An Amended Finding of Conformity was filed on August 18, 2005. The Finding of Conformity incorporates a Mitigation Monitoring Checklist. A notice of this environmental finding was initially published in the Fresno Bee on July 28, 2005 and was re-published with the amended project description on August 18, 2005. No appeals or comments on either published notice were received as of September 1, 2005. BACKGROUND/ANALYSIS Tentative Tract Map No. T-5388/UGM proposes a single-family residential subdivision consisting of 42 lots. The overall site for this subdivision is 11.3 acres and consists of Assessor's Parcel Number 509-020-23 and right-of-way to be vacated (one-half the width of the right-of-way of North Salinas Avenue south of its intersection with West San Jose Avenue, and the segment of North Dante Avenue between its intersection with North Salinas Avenue and West San Jose Avenue/North Dante Avenue). Due to the requirement to dedicate and complete the collector street (West San Jose Avenue) through the project site (from North Salinas Avenue to North Dante Avenue), the net acreage of the project will be approximately 9.5 acres. The property is currently vacant and uncultivated. It was formerly part of a fig ranch. Notices of the Planning Commission hearing on this proposed rezoning, subdivision, and variance were mailed to all property owners having land within a 500-foot radius of the boundaries of the proposed tract map. These notices were mailed on Friday, August 5, 2005, using Fresno County Assessor's records of designated property tax bill recipients to obtain the mailing list. At the originally scheduled hearing (August 17), one abutting property owner was in attendance to express concerns over whether the project would allow two-story structures to be built adjacent to existing single-story residences. Staff explained that the R-1 zone district allows one- and two- story construction. The situation could just as easily be reversed with the property owner of an existing residence choosing to construct a second story addition adjacent to the proposed development. Fresno Unified School District has been provided with a copy of these applications, and has submitted no comments or requirements. The tract map conditions of approval require that school construction fees be paid for construction of new dwellings. REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068,Tentative Tract Map No.T-5388/UGM, Variance Application No. V-05-07 Page 4 September 7, 2005 Land Use The subject property has a medium-density land use designation in the 2025 Fresno General Plan and updated Bullard Community Plan. The land use and zoning consistency matrix of the 2025 Fresno General Plan (General Plan Table 2) indicates that the medium density residential use land use designation allows 4.99 -10.37 dwelling units per acre. The proposed subdivision would yield 4.4 units per acre, due primarily to the unusual parcel configuration and the need to provide local streets whenever possible to avoid residential parcels fronting on West San Jose Avenue. Fresno Municipal Code Section 12-403-B-2.b(1) allows residential projects to be held consistent if they yield a density one step lower than the planned residential density. Planning policies require that, whenever possible, direct vehicular access from individual single family residential parcels to an adjacent major street should be prohibited. This typically requires a "back-up" treatment (masonry wall with landscape easement along the right-of-way) and the waiver of vehicular and pedestrian access rights to the major street. This policy is applied to the majority of the lots in Tentative Tract No. 5388/UGM. However, in cases where this is not possible, there is an alternate requirement that the lots have driveway turn-arounds so that occupants do not have to back onto the major street. The requirement that West San Jose Avenue, a collector street, be extended through this tract to join North Dante Avenue (at the Cornelia Avenue alignment) has necessitated special design features. For Lots 2 through 5 at the northeastern end of the tract, and for Lot 42 at the western end of the tract, the only possible street access is to West San Jose Avenue; therefore, the tract map conditions of approval require that these lots have driveways with vehicle turn-arounds. Lot 1 is permitted to have only pedestrian access to West San Jose Avenue with vehicular access prohibited. This lot also has street frontage on North Salinas Avenue, a local street, which allows for conventional driveway access. A ten-foot wide landscape easement with block wall will be required along the West San Jose Avenue street side yards of Lots 6, 10, 11, 24, 25, 35, 36, 41 and 42. This is one of the last parcels to develop along this segment of the Herndon Canal. Because none of the adjacent properties provided an easement for multi-purpose trails outside of the canal easement, it has been determined that the planned trail in this area will have to be located contiguous with the Herndon Canal easement, utilizing some portion of on the bank of the canal. This will require continuing negotiation with Fresno Irrigation District on trail implementation and development of trail improvements that do not interfere with canal maintenance operations while providing an improved environment for trail users. Rezone Application No. R-04068 Currently, this site has R-A/UGM zoning (Single Family Residential and Agricultural District/Urban Growth Management Area) consistent with rural and low density land use plan designations. Rezone Application No. R-04-068 proposes to change the zone district of the property to R-1/UGM (Single Family Residential District/UGM Area). This zone district would be consistent with the REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068,Tentative Tract Map No. T-5388/UGM, Variance Application No. V-05-07 Page 5 September 7, 2005 property's planned medium-density residential land use designation and would implement the 2025 Fresno General Plan and the Bullard Community Plan. Tentative Tract Map No. 5388/UGM The proposed subdivision would implement the site's planned land use and zoning, and provides for completion of the urban infrastructure and development pattern in the area. This project is considered to be infill, in that it would build out one of the few remaining vacant parcels between the Herndon Canal and the westerly portion of the Fig Garden "loop." Subdivision Lot Sizes and Dimensions T-5388/UGM is consistent with the proposed R-1/UGM zoning and with 2025 Fresno General Plan goals for efficient land use, compact development and aesthetics. All of the lots in this subdivision exceed the 6,000 square foot minimum lot size requirement of the R-1 zone district. The lot sizes in this project also provide a suitable transition between the medium- low density subdivision to the southeast and the planned unit development with reduced lot sizes to the northeast. The subdivision contains a range of lot sizes from 6,180 to 12,971 square feet, presenting a range of housing opportunities. As noted in the following section describing Variance Application No V-05-07, six of the proposed lots would not meet the technical lot depth requirement of the R-1 zone district, due to design constraints caused by the shape and location of this parcel and the requirement that the subdivider dedicate and construct an east-to-west collector street through the tract. Streets and Circulation The Public Works Department Engineering Division Transportation Planning Section has reviewed T-5388/UGM and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated. As noted previously, this project would help to complete the City's major street circulation system by constructing a segment of collector street from the intersection of West San Jose Avenue and North Salinas Avenue westward to the intersection of North Dante and North Cornelia Avenues. As noted above, five of the parcels are proposed to have direct vehicular access to West San Jose Avenue, due to location and parcel configuration constraints. The Herndon Canal bounds this property to the west and southwest; a developed tract with no "stub" streets lies to the southeast; a ponding basin lies north of this proposed tract; and the subdivision to the northeast (Tract 5388/UGM) is a gated community with private streets and outlots maintained by a homeowner's association. Therefore, there are no local public streets, which could have been extended into the subject property in order to provide alternative access for these five parcels. As noted previously, conditions have been applied to lots along West San Jose Avenue to provide for safe vehicular and pedestrian access, and the other 37 lots will take their access from local streets (cul-de-sacs) required to be constructed for the tract. Standard traffic capacity evaluations for four-lane undivided collectors state that 24,000 average daily vehicle trips may be accommodated by West San Jose Avenue. This subdivision would generate approximately 402 average daily trips (ADTs). Peak travel REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068, Tentative Tract Map No. T-5388/UGM, Variance Application No.V-05-07 Page 6 September 7, 2005 associated with this project will be under 100 a.m. and p.m. trips. (No traffic study was required.) West San Jose Avenue traffic counts have not been reflected in the Council of Fresno County Governments Fresno Regional Traffic Modeling Report (2003), but the Department of Public Works has accepted recent (July 2004) counts for the segment west of North Marty Avenue: 3,368 eastbound and 3,955 westbound ADTs. Therefore, this project would not exceed the capacity of West San Jose Avenue. One of the parcels (Lot 1) will take vehicular access from North Salinas Avenue, a fully developed local street, and will be required to dedicate and develop right-of-way to provide half the 60-foot right-of-way for North Salinas Avenue with pedestrian improvements. Local streets such as North Salinas Avenue have a capacity for up to 1,000 average daily vehicle trips, and this project will not adversely impact the capacity of the street serving it. The segments of local streets being vacated were never constructed, but were dedicated with the original Bullard Lands Irrigated Subdivision. The easterly half of North Salinas Avenue was already vacated when the adjacent subdivision (Tract 3142) was constructed. Because there is no bridge proposed over the Herndon Canal at Salinas Avenue, this segment of Salinas Avenue is not needed. North Dante Avenue was originally proposed to extend from this segment of Salinas Avenue. Since West San Jose Avenue is being constructed to provide a connection between Salinas Avenue and the present southerly terminus of North Dante Avenue, the previously-dedicated segment of Dante Avenue is not needed and can be vacated. The Department of Public Works has completed its street vacation study and imposed appropriate conditions on the street vacation (reflected in proposed tract map conditions as well). California Department of Transportation The California Department of Transportation District 6 Office of Intergovernmental Relations ("Caltrans") submitted comments on this project in a letter dated April 12, 2005 (attached). This letter affirms that the vehicular travel associated with this project is not expected to create significant impacts to the State highway system, but that development in general has the potential to create cumulatively significant impacts. Cumulative traffic impacts and air quality impacts have already been analyzed, and determinations made on these impacts, feasible mitigations for them, and over-riding considerations, with the certification of Final Master Environmental Impact Report (MEIR) No. 10130 for the 2025 Fresno General Plan. This project is consistent with the 2025 Fresno General Plan and does not intensify land uses analyzed in that MEIR. The Caltrans letter suggests that the "Toolbox" from the San Joaquin Valley Growth Response Study be used to analyze this project and others which have been throughout the City, in particular the High Rise Corridor area. However, the subject applications pertain to a small, site-specific, single-use project, not within the High Rise Corridor.. The "Toolbox" is more applicable to potential mixed-use projects on a larger scale. The Caltrans letter also suggests that a transit alternative should be considered for this project. (It is noted that the rezone, tract map, and variance applications were routed to FAX for review, and FAX had no comments or suggested conditions.) The project is located in REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068,Tentative Tract Map No. T-5388/UGM, Variance Application No. V-05-07 Page 7 September 7, 2005 reasonable proximity to Fresno Area Express (FAX) Routes 9 and 20. Due to its location and size, it would not be appropriate to incorporate a public park-and-ride lot in the project. The project includes provisions for pedestrian access. When the project is developed and the homes are occupied, it is anticipated that the owners may make some arrangements for vanpool and carpooling, as their schedules and employment locations may make feasible, but it is not possible for a subdivider to make these arrangements before homes are sold). LandscapingJWalls The developer will install a masonry wall with a ten-foot wide landscape setback as a backup treatment along most portions of West San Jose Avenue (with the exception of the parcels that need vehicular and pedestrian access to West San Jose Avenue). The ten-foot wide major street landscape strip may be maintained by a Community Facilities District (CFD), or by a homeowner's association (this will be determined prior to approval of the Final Map for Tract 5388). There are six parcels (Lots 1 through 6) with a front yard orientation to West San Jose Avenue, in which case the individual property owner will be responsible for maintenance as part of the ordinary front yard landscaping obligations (the Fresno Municipal Code requires that all landscaping be kept healthy and in good condition.) Public Utilities The developer is required to install water and sewer mains in the West San Jose Avenue to complete the City's utility network and to serve this project, and is required to provide individual water services and sewer house branches to each parcel. In order to provide proper pitch for the sewer main in West San Jose Avenue, the property will require re- grading and elevation. Since it is a requirement that homes along the Herndon Canal be elevated to prevent flood damage from "break-over' (water overtopping the canal banks during extreme runoff events), the elevation of grade for West San Jose Avenue will be commensurate with other grading required in the tract and with grading done for Tract 5315 to the north. The Fresno Metropolitan Flood Control District (FMFCD) and Fresno Irrigation District (FID) have reviewed this project and submitted requirements reflected in tract map conditions. The project is consistent with FMFCD's Master Drainage Plan. With construction of a storm drain facilities required by FMFCD, there will be no need for a temporary on-site basin. The project is required to pay $31,588 in drainage fees, all or part of which may be offset by construction of master planned facilities. Irrigation Canals In addition to requiring FID review of grading plans, the irrigation district is requiring dedication of an easement or fee title conveyance of the land covered by its Herndon Canal No. 39 and maintenance access area on the ditch bank. The Herndon Canal is considered too large to feasibly pipe. As a safety measure, the tract map conditions require fencing to be installed at the backs of residential parcels that abut this canal. As the aerial photo shows, there is a tributary canal running from Salinas Avenue to the Herndon Canal through the subject property. This canal, "Ditch No. 128," is within the size range that can feasibly be REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068, Tentative Tract Map No. T-5388/UGM, Variance Application No. V-05-07 Page 8 September 7, 2005 piped. Relocation of this canal to the eastern boundary of the site and enclosing this canal in an underground pipeline pursuant to an agreement with FID are conditions of approval for the tract map. 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 Findings Nos. 2 through 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. From the responses of responding agencies and staff reviews, the proposed subdivision map, together with its design and improvements, is consistent with the 2025 Fresno General Plan and the Bullard Community Plan because the land use element diagrams of these plans designate the site for Medium Density Residential land uses and Fresno Municipal Code Section 12-403-B-2.b(1) allows the proposed 4.4 dwelling unit per acre density of the project. The project design meets the applicable General and Community plan policies and zoning ordinance criteria for development, provided that Variance Application No. V-05-07 is approved to allow for reduced lot depth on six parcels. 2. This site is physically suitable for the proposed type and density of development because conditions of approval will insure adequate access and drainage on and off the site. 4. The proposed subdivision design and improvements are 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 and the area's long-term developed uses for agriculture and residential development. The practices for maintaining the Herndon Canal and other irrigation ditches have not fostered the establishment of habitat. 5. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval will insure that the subdivision conforms with City health and safety standards including (but not limited to) the extension of sanitary sewer service and a large community water system utility to each dwelling. 6. The proposed subdivision design will not conflict with necessary public easements within or through the site, because conditions of approval will assure preservation of utility and irrigation district. Conditions of approval will assure that the Fresno Irrigation District Herndon Canal and other utility infrastructure are protected. Based on a review of the proposed project and the adopted Circulation Element of the General Plan by the Public Works Department's Traffic Engineering Division, REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068,Tentative Tract Map No.T-5388/UGM, Variance Application No. V-05-07 Page 9 September 7, 2005 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. The site will complete and take most access from West San Jose Avenue, a collector street whose traffic volume currently does not approach the designated capacity for this level of street, and the projected traffic volume from this project will not cause it to exceed capacity. Vacation of unbuilt portions of North Salinas and North Dante Avenues has been evaluated and found to be feasible by the Public Works Department. 7. 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 and subject to approval of Variance Application No. V-05-07, complies with the design and property development standards of the Zoning Ordinance and the local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and recommended conditions of project approval, staff has determined that these findings can be made. Subdivision Conditions of Approval 1. Development shall take place in accordance with Tentative Tract Map No. 5388/UGM exhibit dated April 4, 2005 (as it is required to be corrected to reflect street name changes required by the City). 2. Development shall take place in accordance with the proposed Conditions of Approval for Tentative Tract No. 5388/UGM, dated September 7, 2005 and with final corrected VARIANCE Exhibits as required by Variance No. V-05-07. 3. Development shall take place in accordance with the Master Environmental Impact Report (MEIR) mitigation measures identified in the Finding of Conformity with the 2025 Fresno General Plan MEIR made pursuant to Environmental Assessment No. R-04-68IT-5388N-05-07, dated August 18, 2005. Planning Commission action on Tentative Tract Map No. 5388/UGM and Tract Map Conditions shall be final unless the Commission's decision is appealed to the City Council. Variance Application No. V-05-07 Variance Application No. V-05-07 proposes that six of the parcels have reduced lot depth: • Lots 1 through 4 at the northeastern end of the tract front on a major street. The Zoning Ordinance requires that R-1 parcels fronting on a major street have 120 feet of lot depth. Lots 1 through 4 range in depth from 102 to 119 feet. .However, these lots all exceed the R-1 zone district standard for lot size: all are well over 6,000 square feet, allowing lot size to compensate for depth. REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068, Tentative Tract Map No. T-5388/UGM, Variance Application No. V-05-07 Page 10 September 7, 2005 • Lots 40 and 42 at the western end of the tract also do not meet the lot depth standards of the R-1 zone district. These lots are similarly oversized (8,190 and 12,971 square feet, respectively), and back up to the Herndon Canal which would give a visual appearance of open space. Based upon analysis of the variance application, staff concludes that the Commission may make the findings of Section 12-405-A-2 of the Fresno Municipal Code (listed below) and may approve the application for VARIANCE No. V-05-07 to allow Tentative Tract 5388/UGM to be constructed as proposed, subject to its Conditions of Approval dated September 7, 2005: Variance Findings Fresno Municipal Code Section 12-405-A-3 requires that a proposed variance be approved only when specific findings can be made. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-3 a. Because of special circumstances (other than monetary hardship) applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges (not including the privilege of maintaining a nonconforming use or status) enjoyed by other property in the vicinity and in an identical zone district. Finding a: The size, shape, and location of this property (between the Herndon Canal and a ponding basin), and the City's requirement that West San Jose Avenue be extended through it as a collector street, all constitute special circumstances which would justify the approval of a variance for six parcels to have reduced lot depth. In other portions of Fresno, widening of major streets has reduced lot depth of R-1 zoned parcels below the required 120 feet. The design of Tract Map 5388 represents an optimal design solution to using the property for its planned use while building out the City's infrastructure. It is staff's contention that the granting of this variance will not constitute a special privilege, given that reduced lot depth has previously been granted (or imposed)on other parcels. continued b. The grant of variance will not constitute a special privilege inconsistent with the limitations upon other pro erties in the vicinity and zoning district in which the property is situated. Finding b: The approval of the variance application would not constitute a special privilege because similar consideration has been, and would be, granted to other properties with the same constraints and requirements for major street improvements. The approval of this variance will still require the owners of tract lots to comply with the setback requirements, parking, building height, and lot coverage of the R-1 zone district. REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068, Tentative Tract Map No. T-5388/UGM, Variance Application No. V-05-07 Page 11 September 7, 2005 c. The grant of variance will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. Finding c: The granting of the variance application will not be detrimental to the public welfare because the reduction in lot width by six feet will still allow the lot to be developed and to otherwise comply with the same property development standards imposed on all surrounding properties. In addition, the sizes of the lots proposed for reduced depth are larger than the minimum required by the R-1 zone district, compensating for the reduction in depth. d. The grant of variance will not be in conflict with established general and specific plans and policies of the City. Finding d: The 2025 Fresno General Plan encourages development on bypassed parcels, completion of the City's circulation and utility infrastructure, and encourages creative solutions to better utilizing land designated for residential land use. The applicant is looking to subdivide 11.3 acres into 42 six single family residential lots, only six of which would require modified lot depths, in order to provide housing as planned in the 2025 Fresno General Plan and Bullard Community Plan. Through construction of that tract map, a collector street will be completed connecting two neighborhoods and sewer and water main connections will also be established. Planning Commission action on Variance Application No. V-05-07 shall be final unless the Commission's decision is appealed to the City Council. 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 Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the project proposed under Rezone Application No. R-04-068, Variance Application No. V-05-07, and Tentative Tract Map No. 5388/UGM are appropriate for the project site. Based upon information in the record, and consistent with provisions of the Subdivision Map Act and the Fresno Municipal Code, staff recommends that the Commission make the required findings and enact the following: 1. APPROVE the Finding of Conformity with General Plan Master Environmental Impact Report (MEIR) No. 10130 and the Mitigation Measure Checklist prepared for this project pursuant to Environmental Assessment No. R-04-068/T-5388/V-05-07. REPORT TO THE PLANNING COMMISSION Rezone No. R-04-068, Tentative Tract Map No. T-5388/UGM, Variance Application No. V-05-07 Page 12 September 7, 2005 2. RECOMMEND APPROVAL to the City Council for Rezone Application No. R-04-068 and Council approval of the Finding of Conformity with General Plan Master Environmental Impact Report (MSIR) No. 10130 and the Mitigation Measure Checklist prepared for this rezone application pursuant to Environmental Assessment No. R-04-068/T-5388/V-05-07. 3. APPROVE the required findings and granting Variance Application No. V-05-07. 4. APPROVE the required Subdivision Map Act findings and Tentative Tract Map No. 5388/UGM, subject to compliance with the Tract Map Conditions of Approval dated September 7, 2005 and subject to Council approval of the rezone application and approval of Variance Application No. V-05-07. Attachments: Vicinity Map Aerial Photo Vesting Tentative Tract Map No. 5388/UGM exhibit, dated April 4, 2005 Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM, dated September 7, 2005 Finding of Conformity with the 2025 Fresno General Plan MEIR No. 10130 prepared pursuant to Environmental Assessment No. R-04-59/T-5363 and MEIR Mitigation Monitoring Checklist, dated August 18, 2005 Letter from Caltrans District 6, dated April 12, 2005 K:ICOMMONI MASTER FILES-TRACT MAPSIT-5388,R-04-068,V-05-07 13 PC Report.wpd X BF: 2a fly;.... .ln...., :;.tay ,t 1 A F=AFF .I oW i Y zl ­j','Q X1 ��t jt xn f�eC rt' a DIM w ba i # p � i 9 t -ttt k tl K r IF t � t!' M_1-P r� 5 .1tY9 yS � +�F be a re i Cd M-1 p r 4L' Y r LEGEND Subject Property U.G.M.Area VICINITY Mali' PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO. 5388/UGM N DEPARTMENT REZONE APPLICATION NO. R-04-068 A.P.N.: 509-020-23S From R-A/UGM to R-1/UGM W - e VARIANCE APPLICATION NO. V-05-007 ZONE MAP: 1845 Southwest corner, Salinas and San Jose Aves. NOT To SCALE BY/DATE: J.S. 1 4-4-05 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT TENTATIVE TRACT MAP NO. 5388/UGM CONDITIONS OF APPROVAL September 7, 2005 On the west side of the North Salinas Avenue north of the Herndon Canal (north of W. Shaw Avenue between N. Cornelia Avenue and N. Gates Avenue) 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. 5388/UGM entitled "Exhibit A," dated April 4, 2005 and depicting a 42-lot single-family residential tract, the subdivider may prepare a Final Map in accordance with the approved tentative map and in accordance with these conditions. It is noted that the street names depicted in the tract map shall be changed according to the Street Name Review dated April 6, 2005 (copy attached). 2. Rezone Application No. R-04-068 must be approved by the Fresno City Council and in effect, prior to issuance of any construction permits for subdivision homes and related improvements. 3. Variance Application No. V-05-07 must be approved by the City of Fresno and in effect in order to permit reduced lot depths for Lots 1 through 4, 40, and 42. Should this variance application not be approved, the Tentative Tract Map must be revised. Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 2 4. Development and use of this property is subject to compliance with the mitigation measures specified in City of Fresno Environmental Assessment (EA) No. R-04-068/ T-5388/V-05-07. 5. The subdivider shall 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. Stormwater pollution prevention regulations must be complied with during project grading and construction and shall be complied with by development on lots in this tract as may be required by National Pollutant Discharge Elimination System regulations jointly administered by the California Environmental Protection Agency/Water Quality Control Board, Fresno Metropolitan Flood Control District, and the City of Fresno pursuant to area-wide stormwater discharge permits and inter-agency agreements. 6. 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. 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. 7. Pedestrian, public utilities, and landscape 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. 8. 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. 9. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Council Resolutions Nos. 79-606 and 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 3 10. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 11. 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. 12. Proposed/Required Easements, any proposed Declaration of Covenants, Conditions, and Restrictions (CCBRs), and any proposed instruments for an owner's association are to be submitted by the subdivider to the Planning and Development Department for review prior to Final Tract Map approval (Ref.: Fresno Municipal Code Section 12-1026). Said documents are to be recorded with the Final Tract Map(s); alternatively, recorded documents or documents for recording shall be submitted by the subdivider to the Planning and Development Department prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's association for Outlot A and for street and landscaping maintenance (in the absence of this tract's annexation to the City's Community Facilities District; refer to Conditions Nos. 15 and 16, below), and other provisions as stated in the Development Department Guidelines for preparation of CCBRs dated January 11, 1985 13. For Lots 1, 6, 10, 11, 24, 25, 35, 36, and 41, relinquish direct vehicular access rights to West San Jose Avenue (the designated collector street alignment traversing the subdivision). For Lots 6, 10, 11, 24, 25, 35, 36, and 41, direct pedestrian access to West San Jose Avenue shall also be relinquished. LANDSCAPING AND WALLS 14. The subdivider shall provide, at a minimum, a 10-foot (10') deep landscape and pedestrian easement, landscaping, and irrigation system for the landscaping where Lots 10, 11, 24, 25, 35, and 36 abut West San Jose Avenue. A fifteen-foot (16) deep landscape and pedestrian easement shall be provided where Lots 6 and 41 abut West San Jose Avenue. These required landscaped areas shall incorporate trees, in addition to the street tree requirements to be implemented in the park strip along local streets and West San Jose Avenue (in order to provide the double row of trees referenced in the 2025 Fresno General Plan Design Guidelines). Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 4 15. This landscaping required in Condition No. 14, above, shall be installed concurrently with street improvements. Landscape plans shall conform to City of Fresno xeriscape standards, 2025 Fresno General Plan Design Guidelines, and Public Works Department street tree requirements; anti-graffiti landscaping practices shall be followed in order to protect masonry walls constructed along streets. Improvement plans for landscaping and irrigation systems shall be submitted to the Planning and Development Department and the Public Works Department Engineering Division for review. These plans are required to be approved by the City prior to Final Map approval. 16. Solid masonry walls with exterior aesthetic finish at least six feet (6') tall shall be constructed at the rear of the required landscape and pedestrian easement on Lots 6, 10, 11, 24, 25, 35, 36, and 41, to meet the requirements of Fresno Municipal Code Sections 12-1011(f)(3) and 12-306-H. This wall shall incorporate corner cutoff provisions for safe visibility at the intersections of West San Jose Avenue and the local streets (cul-de-sacs) within the tract. In accordance with FMC Section 12-306-H-3.d., corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. 17. Engineered construction plans for the walls required in Condition No. 16, above, shall be submitted to the Planning and Development Department for review prior to Final Tract Map approval. These plans shall show architectural appearance and location of these walls on the tract. 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. 18. Fences and/or any walls constructed on Lot 1 shall incorporate corner cut-off provisions for safe visibility at the intersection of North Salinas Avenue and West San Jose Avenue, and at the intersection of North Salinas Avenue and West Joline Drive (a private street approved for Tract 5315/UGM to the north). Fences and/or any walls constructed on Lots 6 and 41 shall incorporate corner cut-off provisions for safe visibility for driveways on Lots 5 and 42. These corner cutoff areas are required in accordance with FMC Section 12-306-H-3.d., in order to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. Corner cut-off areas required where streets intersect shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. 19. Landscape buffers and walls required along major streets, local street paving, sidewalks, curbs, and gutters shall be preserved and maintained through annexation of this subdivision to the City's Community Facilities District, or, through a homeowners Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 5 association formed by the subdivider pursuant to CC&Rs (please refer to the attached memorandum from Joe Paff of the City of Fresno Public Works Department, dated May 5, 2005). 20. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District for local street, landscaping, sidewalk/curb/gutter, and median island maintenance for abutting major streets within the limits of this tract, 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. 21. At least one tree shall be located in the front yards of lots in this tract. For Lots 1 through 5, the required front yard tree shall be planted within ten feet of the right-of-way of West San Jose Avenue. Property owners are responsible for the maintenance of landscaping on their yards. BUILDING SETBACKS 22. Building setbacks shall be in accordance with the R-1 (Single Family Residential) zone district (FMC Section 12-211.5-E) and are not modified by Variance No. R-04-07 (if approved, this variance would authorize lot depths to be reduced to less than 120 feet on Lots 1 through 4, Lot 40, and Lot 42). 23. A ten-foot (10') minimum building setback is required on the southeasterly side of Lot 1 along West Salinas Avenue (FMC Section 12-211.5-E-3.b.). 24. Fifteen-foot (16) building setbacks are required on the southwesterly side of Lot 6 and on the northeasterly side of Lot 41 ("Reverse Corner Lots"), in accordance with Fresno Municipal Code Section 12-211.5-E-3.c. 25. No structures (excepting the required masonry wall) shall encroach into the required landscape strips along West San Jose Avenue. INFORMATION 26. The subject property is planned for medium density residential use and is proposed to be zoned R-1/UGM, Single Family Residential District/Urban Growth Management Area. The Bullard Community Plan and 2025 Fresno General Plan provide development standards for this site. Design Guidelines adopted for the 2025 Fresno General Plan are also applicable to the construction of improvements for this tract. 27. Pursuant to Section 66456.1 of the Subdivision Map Act, which states, "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 6 impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 28. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 29. Install and relocate utility infrastructure as necessary to accommodate tract improvements, irrigation canal pipeline improvements, and street construction related to the tract (refer to the attached letter from Pacific Gas and Electric, dated August 9, 2005). Dedicate a ten-foot (10) public utility easement contiguous to all streets within and abutting any portion of this tract. If above-ground equipment is to be installed on this easement, it shall be screened from public view by the proposed landscaping and it shall not encroach into the required comer cutoff areas so as to impair visibility. if existing electric or gas facility relocations are necessitated by improvement of this tract, these relocations shall be done at the expense of the developer. 30. All off-site existing overhead utilities within the limits of this map shall be undergrounded in accordance with Fresno Municipal Code Section 12-1011, and Fresno City Council Resolutions Nos. 78-522 and 88-229. 31. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school district's adopted schedule of fees. Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 7 32. The developer shall contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 33. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building/structure located within 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, the requirements of the San Joaquin Valley Unified Air Pollution Control District, Fresno County Environmental Health, and the City of Fresno Department of Public Utilities Water Division. 34. if archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after hours the contact 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. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 35. The subdivider shall comply with San Joaquin Valley Air Quality Pollution Control District (SJVUAPCD) Rules, including Regulation VIII of the for the control of particulate matter and fugitive dust during construction of this project (refer to the attached letter from the SJVUAPCD, dated May 2, 2005), and the subdivider and successors in interest shall conform to the Indirect Source Review Rule as may be adopted. 36. Solid waste disposal for the subdivision may be provided by the City of Fresno Department of Public Utilities Solid Waste Division. The location and type of solid waste containers for serving parcels in this tract shall be subject to approval of the Solid Waste Manager. Refer to the attached Solid Waste Division memorandum, dated May 10, 2005, which sets specific requirements for accessibility for trash collection and collection vehicle access (the street name references may require adjustment pursuant to the Street Name Review attachment, dated April 6, 2005). There shall be no parking allowed in the street after 6:00 A.M. on the solid waste service day for any cul-de-sac Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 8 lots; this applies to the frontage(s) of any lot that is, in whole or in part, on a cul-de-sac. If the project area is to be developed in phases, there shall be no dead-end streets (all streets shall connect to one another), or a temporary turnaround shall be provided at the end of a street and shall be large enough to accommodate a solid waste vehicle with turning radius of 44 feet (it shall also be kept clear of all parked vehicles on collection day). Occupants of lots flanking a stub street or dead end are required to place their waste containers on the portions of those streets that can be accessed by waste collection vehicles without backing up (e.g., occupants of Lots 4 and 5 shall be required to place their waste containers on the portions of West San Madele Avenue that are "through" street or on the developed cul-de-sac bulb). Filing covenants on cul-de-sac lots and lots abutting dead-end streets is the generally accepted method of advising successors in interest of these requirements. STREET TREES AND PARK SERVICE 37. Comply with requirements of the Public Works Department Engineering Division regarding street trees, as outlined in the attached May 11, 2005 memorandum. As noted previously, street trees shall be planted in park strips, and trees shall also be incorporated into the required landscape easements along West San Jose Avenue. Urban Growth Management Requirements for Parks 38. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of occupancy in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 39. The proposed tract is located within two (2) miles running distance to permanent City Fire Station No. 14. The attached Fresno Fire Department Memorandum, dated April 25, 2005, outlines the fire protection requirements for this subdivision. 40. Final tract map plans shall be submitted to the Fire Prevention Bureau for review. Access will be acceptable, provided that West San Jose Avenue be extended from North Salinas Avenue to the North Dante/North Cornelia Avenue intersection. There shall be at least two points of access to any phase of the subdivision during construction. Urban Growth Management Requirements 41. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of occupancy in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 9 STREETS AND RIGHTS-OF-WAY 42. The subdivider/developer shall comply with the requirements outlined in the attached Public Works Department Engineering Division Traffic Engineering memorandum dated April 14, 2005. This memorandum is attached hereto and incorporated herein by reference. (It is noted that an additional dedication is required at the eastern corner of Lot 1 in order to accommodate a curb return for West Joline Drive of Tract 5315. This is a requirement of Tract 5315/UGM, but needs to be reflected on exhibits and street work plans prepared for this tract.) 43. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (most current edition in place at the time an application is made for Final Tract approval). The first order of work shall include a minimum of two points of access to the major streets for any phase of this development. 44. The subdivider shall furnish to the city acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 45. Sidewalks shall be required on both sides of local streets to provide walking paths so that schoolchildren can safely access but stops. 46. An underground street lighting system to Public Works Standard E-1 shall be installed within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 47. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract (identify corner cut dedications on all interior streets). 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 four-foot (4') minimum unobstructed path requirement. 48. Dead-end streets created by phasing development of this subdivision shall be properly barricaded in accordance with City standards within seven (7) days from the time the streets are surfaced or as directed by the Engineer, and shall conform to Department of Public Utilities Solid Waste Division requirements as noted in Condition No. 36, above. 49. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 10 50. Vacation of portions of North Salinas Avenue and North Dante Avenue: The subdivider shall comply with the Street Vacation Feasibility Study findings as summarized in the January 15, 2005 memorandum from the Department of Public Works Engineering Services Division (copy attached). The vacation of the northwesterly half of North Salinas Avenue right-of-way south of the intersection with West San Jose Avenue, and the vacation of the segment of North Dante Avenue depicted in the corrected exhibit for this street vacation, shall be approved by the City of Fresno prior to approval of the Final Tract Map for T-5388/UGM. 51. As noted in the Public Works Memorandum dated April 14, 2004, Lots 1 through 5 and 42 are not permitted to back onto West San Jose Avenue. Lot 1 is not permitted any vehicular access to San Jose Avenue but will be permitted to utilize a standard driveway backing onto North Salinas Avenue. For Lots 2 through 5 and 42, in addition to circular driveways and hammer-head driveways (which may require more backing distance than these lots have available in width), the applicant may include as an option garages whose door openings are oriented perpendicular to West San Jose Avenue. 52. Pursuant to a determination of the Planning and Development Director, made in consideration of the lack of any coordinating master multi-purpose trail dedications made adjacent to, or in the vicinity of, this subdivision, the subdivider is not required to dedicate any on-site right-of-way or make any trail improvements as a condition of this map. However, should any UGM or other City-wide impact fees be adopted prior to approval of any phase of this map, the subdivider shall be required to pay impact fees imposed by the City to provide trail improvements. The subdivider shall also be required to cooperate as necessary with Fresno Irrigation District and the City on implementation of any joint use trail agreements for the Herndon Canal bank. UGM REQUIREMENTS: 53. This subdivision is in UGM Major Street Zone C/D-2. The subdivider is required to pay all UGM fees applicable with this Major Street Zone. 54. West San Jose Avenue (collector street, to be extended from North Salinas Avenue to the intersection of North Dante and North Cornelia Avenues: a. Within the limits of this subdivision and to the intersection of Cornelia and Dante Avenues, dedicate sufficient right-of-way to accommodate paving, any grading or transitions, and sidewalk to Public Works Standard P-5 with a ten-foot residential pattern, and construct this collector street based on a 35 mile per hour design speed. (Two center travel lanes are required as UGM improvements and the other lanes are required as frontage improvements and specific mitigations for the tract.) b. Street improvements for West San Jose Avenue beyond the limits of this tract are required to be coordinated with Fresno Metropolitan Flood Control District, whose Basin EF lies along the northeastern side of this street alignment, and Fresno Irrigation District, whose Herndon Canal No. 39 lies along the southwestern side of this street alignment. Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 11 Specific Mitigation Requirements: 55. All piping of relocated "H" Ditch No. 128 shall be located outside of street rights-of-way (but may be installed in the former alignment of North Salinas Avenue, once the street vacation is approved by the City Council). Any piping across streets shall be rubber- gasketed reinforced concrete pipe. Engineered plans for this pipeline shall be submitted to the City of Fresno Public Works Department (in addition to being submitted to Fresno Irrigation District). SANITARY SEWER SERVICE 56. The subdivider and his successors in interest shall comply with the requirements set forth in the Department of Public Utilities Planning and Engineering Division memorandum dated April 19, 2005, attached hereto and incorporated by reference. Per the Department of Public Utilities Planning and Engineering Division, service to this project shall be provided by means of an existing 8-inch sewer mains located in North Salinas Avenue and pursuant to installation of sewer main in West San Jose Avenue and the cul-de-sac local streets. The grading plan for this tract shall provide for sufficient cover for sewer utilities and manhole profiles per Public Works Standards. A preliminary sewer design layout is required to be prepared by the developer and submitted for Department of Public Utilities review prior to submittal of sewer utility plans for this tract. 57. Where sewer mains are required to be installed, they shall be constructed prior to street paving at all locations where the installation of permanent street pavement is required. Sewer facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. Urban Growth Management Requirements 58. This project is located in Oversize Sewer Area 18, in the Cornelia Trunk Sewer Service Area. Sewer system charges are due and shall be paid for the project (refer to Condition No. 74, below, for applicable charges). WATER SERVICE 59. In order to provide water service to the tract, the subdivider and his successors in interest shall comply with the requirements set forth in the Department of Public Utilities Planning and Engineering Division memorandum dated April 19, 2005, attached hereto and incorporated herein by reference. The nearest City of Fresno water main capable of serving this project is a 12-inch water main located in North Salinas Avenue. Water service to this subdivision shall be provided by means of this water main, a 14-inch transmission grid main required to be installed in the right-of-way of West San Jose Avenue from the intersection of North Salinas and West San Jose Avenues to the intersection of North Dante and North Cornelia Avenues, and water mains to be installed in the cul-de-sac local streets in this tract. I Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 12 60. Water mains shall be installed before street improvements and paving. All public water facilities shall be constructed in accordance with Department of Public Works standards, specifications, and policies. 61. Any existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with the California Well Standards, Bulletin 74-90 or current revisions (issued by California Department of Water Resources) and in compliance with City of Fresno Water Division standards. s Urban Growth Management Requirements 62. This project is located in UGM Water Supply Area No. 137; therefore, it is required to pay its proportionate share of UGM fees for water supply infrastructure (refer to Condition No. 74, below, for applicable charges). FRESNO IRRIGATION DISTRICT 63. Fresno Irrigation District (FID) has a major irrigation facility, the Herndon Canal, traversing the westerly and southwesterly boundary of this subdivision. Per FID's letter of tract map requirements, dated April 7, 2005, an exclusive easement for irrigation district use shall be granted to FID for the Herndon Canal and for the re-aligned, piped "H" Ditch No. 128. The description of these exclusive easements shall be reviewed and accepted by FID prior to Final Tract Map approval. 64. Upon approval by FID (as well as Fresno Metropolitan Flood Control District and the City of Fresno), the developer can use grading of the subdivision as an alternate means to protect the integrity of the Herndon Canal and prevent flooding damage from canal bank breakover. Grading and drainage plans shall be subject to FID approval for this purpose. 65. "H" Ditch No. 128 shall be piped in accordance with Fresno Municipal Code Section 12-306-0, and this pipeline easement and associated above-ground structures shall be re-located pursuant to an agreement between FID and the subdivider. As noted previously, the City of Fresno shall also have authority to review and approve any irrigation pipeline plans traversing a public right-of-way. 66. No segments of multi-purpose trail have been dedicated or improved on the north side of the Herndon Canal on either side of this project. Therefore, there is no provision for connectivity for any trail to be constructed outside of the Herndon Canal easement. Any future development of a trail along the northern side of the Herndon Canal will require a Common Use Agreement to be negotiated between FID and the City of Fresno (refer to email communication from Fresno Irrigation District, dated August 10, 2005).. . Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 13 FLOOD CONTROL AND DRAINAGE 67. The subdivider shall be required to pay any applicable storm drainage fees to Fresno Metropolitan Flood Control District (FMFCD) to comply with Fresno Municipal Code Chapter 13, Article 13 (please note that the amount of these fees has change, pursuant to a fee schedule update). These fees may be modified and offset in whole or in part through a drainage agreement executed between the developer and FMFCD. Prior to Final Tract Map approval, provide a copy of a letter reflecting the current fee amount, or a copy of the fully executed drainage agreement. 68. The subdivider shall be required to comply with the specific requirements imposed by 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. FMFCD's Notice of Requirements for Tentative Tract Map No. 5388/UGM, dated June 14, 2005 (attached), lists the construction and easement requirements and fee obligations of the subdivider/developer. 69. FMFCD's April 7, 2005 Notice of Requirements (attached hereto and incorporated by reference) states that permanent drainage service is available, provided that the storm drain depicted in the attachment to FMFCD's Notice of Requirements (labeled "Exhibit No. 1") is installed. Any proposed amendments to the drainage requirements set forth in FMFCD's Notice of Requirements shall be reviewed and approved by FMFCD and the City of Fresno when detailed grading and drainage plans are prepared for this tract. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 70. The developer of property located within the UGM boundaries shall comply with all sewer, water and street improvement 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. 71. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 72. The developer will be responsible for the acquisition of any necessary right-of-way and/or easements to construct required improvements, including extension of West San Jose Avenue westward to the intersection of North Dante and North Cornelia Avenues. Right- of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, traffic signal installation, 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. Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 14 Easement acquisition will be necessary for installation and relocation of off-site facilities such as sewer and water mains, irrigation pipelines, and drainage facilities. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FRESNO AREA EXPRESS 73. Fresno Area Express has not imposed any requirements along the street frontage of this tract. DEVELOPMENT FEES AND CHARGES 74. This project is subject to the development fees and charges set forth on the following table, as estimated by the Planning and Development Department Land Division and Engineering Section. Pursuant to California Gov't. Code §66020(d)(1), a protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments are to be completed with development. Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 15 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) Service Area #19* d. Trunk Sewer Charger $419 / living unit Service Area: Cornelia e. Wastewater Facilities Charge. $2,119/ living unit f. Copper Avenue Sewer Lift Station Charge* N/A g. Fowler Trunk Sewer Interim Fee Surety* N/A h. House Branch Sewer Charger N/A i. Millbrook Overlay Sewer* N/A WATER CONNECTION CHARGES FEE RATE j. 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. k. Frontage Charge* $6.50/ lineal foot I. Transmission Grid Main Charge* $643 /gross acre (parcels 5 gross acres or more) m. Transmission Grid Main Bond Debt* $243 / gross acre Service Charge (parcels 5 gross acres or more) n. UGM Water Supply Feer Service Area: 137 $356 / living unit o. Well Head Treatment Feer $0/ living unit Service Area: 201 p. Recharge Feer $0/living unit Service Area: 201 q. 1994 Bond Debt Service* $0/living unit Service Area: 201 Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 16 DEVELOPMENT IMPACT FEE FEE RATE r. Traffic Signal Charge* $414.69 / living unit S. Northeast Fresno Policing Area* N/A URBAN GROWTH MANAGEMENT FEE RATE t. UGM Fire Station Capital Fee* $2,056/gross acre Service Area: Area 14 U. UGM Park Fee* $2,459 /gross acre Service Area: 4 V. Major Street Charge* $2,798/ adj. acre Service Area: C/D-2 W. Major Street Bridge Charge* $94 /adj. acre Service Area: C/D-2 X. UGM Grade Separation Fee* N/A y. UGM Trunk Sewer Charge* N/A Service Area: Z. Street Acquisition/Construction Chargee N/A Fee Notes: * Due at time of development * Deferrable through Fee Deferral Covenant Due at time of subdivision Attachments: Street Name Review corrections, dated April 6, 2005 Memorandum from the Public Works Department regarding Community Facilities District provisions, dated May 5, 2005 Letter from Pacific Gas & Electric Company, dated August 9, 2005 Letter from the San Joaquin Valley Unified Air Pollution Control District, dated May 2, 2005, with attachment on dust control Memorandum from City of Fresno Department of Public Utilities Solid Waste Division, dated May 10, 2005 Conditions of Approval for Vesting Tentative Tract Map No. 5388/UGM September 7, 2005 Page 17 Memorandum from the Public Works Department regarding street tree and major street landscaping requirements, dated May 11, 2005 Fresno Fire Department memorandum,dated April 25, 2005 Memorandum from City of Fresno Public Works Department Engineering Division Traffic Planning Section, dated April 14, 2005 Letter from the Public Works Department to Michael Sutherland, regarding the results of the vacation study for portions of North Salinas and North Dante Avenues, dated January 15, 2005, with attached letter from Fresno Irrigation District and exhibit delineating the portions of these local streets to be vacated Memorandum from the City of Fresno Department of Public Utilities Planning and Engineering Division, dated April 19, 2005 Letter from Fresno Irrigation District, dated April 7, 2005 and email communication from FID to City Planning staff, dated August 10, 2005 Fresno Metropolitan Flood Control District Notice of Requirements for Tract No. 5388, dated June 14, 2005 Amended Finding of Conformity with Master Environmental Impact Report (MEIR) No. 10130 prepared for Environmental Assessment No. R-04-068/T-5388N-05-07, with mitigation monitoring checklist, dated August 18, 2005 KACommon\Master Files—Tract Maps\Tract 5388\T-5388, R-04-068,V-05-07 08 COA.doc Street Name Review TM-5388 4-6-05 Street Name Status Required Change West San Jose Avenue Good North Dante Avenue Good North Cornelia Avenue Good Skylar Avenue Chane West San Jose Avenue 'blank'(dots 36-41) Add North Lodi Avenue 'blank'(lots 6-1o) Add North Belvedere Avenue North Mitre Avenue Chane North Belvedere Avenue North Tracy Avenue Chane North Antioch Avenue North Salinas Avenue Good City of 27P I 4 PUBLIC WORKS DEPARTMENT DATE: May 5, 2005 TO: SANDRA BROCK, Planner III Planning and Development Department FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5388 AND COMMUNITY FACILITIES DISTRICT 1. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. If approved by Council,the following features may be maintained by a Community Facilities District. Is Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street and landscape easements that side-on to Skylar Avenue and border the tentative map. Is Maintenance of all Sidewalks and Street Furniture within Skylar Ave. and bordering the tentative map. ■ Maintenance of all non-private interior Local Street Pavement, Curbs, Gutters, Sidewalks, Medians and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. • Maintenance of Street Pavement, Curbs, Gutters, Sidewalks, Medians and Street Furniture as approved by the Public Works Department within N. Salinas Avenue to street centerline where it borders the tentative map. • Maintenance and Operating costs of all Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. 2. Proceedings to place the Final Map into a CFD may not commence until the territory has been annexed into the City of Fresno. 3. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. 4. 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. 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\tt5388 conditions Pacific Gas and Electric Company* Corporate Real Estate 650"0'Street, Bag 23 South Valley Land Services Fresno, CA 93760.0001 August 9, 2005 Development Department Engineering Services Division Land Division Section 2600 Fresno Street, Room 3043 1 U'l Fresno, CA. 93721-3604 Attn: Ms. Sandra Brock Dear Ms. Sandra Brock, We have reviewed Tentative Tract Map No. 5388. PG&E requests that a Public Utility Easement (PUE), ten feet (10') in width, be dedicated contiguous to all street(s) boundaries located within and along any portion of said Tract Map boundaries fronting any street(s) lying outside of said Tract Map. PG&E also requests that a PUEbe incorporated within all private roads. PG&E may further require an easement from the property owner(s) over the newly created PUE's. The exact size and locations of the PUE's together with the need for an easement will be finalized on the final map review. PG&E's records show no gas or electric transmission facilities in the area. Existing gas or electric facility relocations necessitated by new street improvements (which are required as conditions of a development's final acceptance by the City of Fresno) will be at the expense of the developer. Thank you for the opportunity to review the plans of this Tentative Tract Map. If you have any questions, please contact me at 263-5167. Sinc rely Kyle Patten Land Agent San Joaquin Valley Air Pollution Control District May 2, 2005 Reference: S2005000273 Attn: Sandra Brock Planning Division Development DepartmentCCE 2600 Fresno Street Fresno, California 93721-3604 MAY 0 3 RE: Vesting Tentative Tract No. 5388, Rezoning Application No. R-04-68 & Variance Application No. V-05-07; 42 lots SFR Dear Ms. Brock: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the documentation provided and has the following comments: The entire San Joaquin Valley Air Basin is classified non-attainment for ozone and fine particulate matter (PM1.t2 & PM2.5). Although this project alone would not generate significant air emissipns, a concerted effort should still be made to reduce the increase in emissions from this project, 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. This project may be subject to additional District Rules. To identify additional rules or regulations that.apply to this project, or for further information, the applicant is strongly encouraged to gontact the District's Small Business Assistance Office at (661) 326-6969. 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. The District's Governing Board approved amendments to Regulation VIII that became effective on October 1, 2004. 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 David L.Crow Executive Director/Air Pollution Control Officer 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 95356-9322 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 (209)557-6.400- FAX(209)557-6.475 (559)230-6000 - FAX(559)230-6061 (661)326-6900- FAX(661)326-6985 www.valleyair.org T-5388, R-04-68, V-05-07 May 2, 2005 City of Fresno 2 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 template of the District's Dust Control Plan is available at: http://www.vallevair.org/busind/comply/PM10/forms/DCP-Form%20°/x2010-14-2004.odf 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 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and Rule 4902 (Residential Water Heaters) limit the emissions of PM10 and NOx in residential developments. On July 17, 2003, the District's Governing Board adopted amendments to Rule 4901. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. 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. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. This project may be subject to additional District Rules not enumerated above. To identify additional rules or regulations that apply to this project, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (661) 326-6969. The District encourages innovation in measures to reduce air quality impacts. There are a number of measures that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The measures listed below should not be considered all- inclusive and remain options that the project proponent should consider: From Table 6-4 of the GAMAQI: - Use of Alternative fueled or catalyst equipped diesel construction equipment. - Limit the hours of operation of heavy-duty equipment and/or the amount of equipment in use The project applicant should specify the conditions of reduced hours or reduced amount of equipment. T-5388, R-04-68, V-05-07 May 2, 2005 City of Fresno 3 Implement activity management (e.g. rescheduling activities to reduce short-term impacts) 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 From Table 6-3 of the District's Guide to Assessing and Mitigating Air Quality Impacts 2002 revision (GAMAQI) - 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 al exiting trucks, or was off all trucks and equipment leaving the site - Install wind breaks at windward side(s) of construction areas - Limit area subject to excavation, grading, and other construction activity at any one time Additional Mitigation Measures: • When feasible, construction activity should occur during early morning, late evening, and night time hours. Ozone formation is directly related to temperature and sunlight. If the project emits short-lived ozone precursors during cooler hours, the project's local impact will be reduced. • Construction equipment should have engines that are at least Tier I (as certified by the Air Resources Board). Tier I and Tier II 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.gov/msi)roq/offroad/cert/cert.pho. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. • 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. 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 htto://www.lac.org/bookstore/energy/downloads/siv tree quidelines.odf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. o Bus turnout(s) should be planned near the entrance(s) of the development for school bus loading to accommodate school-age children. • 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. 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. T-5388, R-04-68, V-05-07 May 2, 2005 City of Fresno 4 • As many energy-conserving features as possible should be included the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Increased wall and ceiling insulation (beyond building code requirements) - Energy efficient widows (double pane and/or Low-E) - High-albedo (reflecting) roofing material. See http://eetd.Ibi.gov/coolroof/ - Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See http://www.harc.edu/harc/Projects/CoolHouston/ , http://eande.lbl.gov/heatisland/ - Radiant heat barrier See http://www.eere.ener-gy.gov/consumerinfo/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.Qov/ - Install solar water-heating system(s) - Install photovoltaic cells - Programmable thermostat(s) for all heating and cooling systems . - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Orient the unit(s) to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar_passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Low or non-polluting landscape maintenance equipment (e.g. electric lawn mowers, reel mowers, leaf vacuums, electric trimmers and edgers, etc.) - Pre-wire with high speed modem connections/DSL and extra phone lines - 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 - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site 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 (661) 326-6980. Sincerely, Heather Ellison Air Quality Planner Southern Region 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 PMIG 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, 2004. This is a basic summary of the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20% means dust that would obstruct an obser'ver'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 No ern Region Office Central Region Office Southern Region Office 4230 Kie nan Avenue, Suite 130 1990 East Gettysburg Avenue 2700"M" Street,Suite 275 Mode to,CA 95356-9321 Fresno, CA 93 72 6-0244 Bakersfield, CA 93301-2373 (209)557-6 00 ♦ FAX(209)557-6475 (559) 230-6000 ♦ FAX(559) 230-6062 (661) 326-6900 + FAX(661) 326-6985 I ■ 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 VIII requirements and Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities exempts the following construction and earthmoving activities: • Blasting activities permitted by California Division of Industrial Safety. • Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the existing building or less than 10,000 square feet (due to asbestos concerns, contact the District at least two weeks ahead of time). • Additions to single family dwellings. • The disking of weeds and vegetation for fire,prevention on sites smaller than % acre. • Spreading of daily landfill cover to preserve public health and safety and to comply with California Integrated Waste Management Board requirements. Nuisances are prohibited at all times because District Rule 4102 Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation 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.vaiieyair.org City of r' Cis:ia�o Department of Public Utilities Solid Waste Division 1325 E. EI Dorado • Fresno, California 93706-2014 (559) 621-1452 www.fresno.gov May 10, 2005 TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations�9 Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistant Department of Public Utilities, Solid Waste Division SUBJECT: TT 5388, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5388 which was submitted by Michael Sutherland & Associates. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5388 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. Special Conditions: • There shall be no parking allowed in any cul-de-sac on the solid waste service day. All lots that are part of a cul-de-sac shall be clear by 6:00 a.m. Page 1 of 2 Covenant Requirements: • North Belvedere Avenue, lots 6, 7 , 8, 9 and 10 North Antioch Avenue, lots 15, 16, 17, 18, 19 and 20 North Belvedere Avenue, lots 28, 29, 30, 31, 32 and 33 North Lodi Avenue, lots 36, 37, 38, 39, 40 and 41 Page 2 of 2 JAConditions of Approval_TT5388 D E P A R T M E N T O F P U B L I C W O R K S TO: Sandra Brock, Planner III Planning Division FROM: Ann Lillie,Senior Engineering Technician (559.621.8690) DATE: May 11, 2005 SUBJECT: Tentative Subdivision Map T-5388 (Located Southwest comer of Salinas and San Jose Avenues) The Department of Public Works has reviewed the Tentative Subdivision Map proposed by Spradling Construction,Inc.,on engineering plans prepared by Michael Sutherland and Associates dated March 3,2005. The Department of Public Works offers the following comments regarding the Street Tree,Buffer/Parkway and Median Island Landscape conditions. GENERAL REQUIREMENTS STREET TREES REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and the dedication planting and buffer landscaping easements. Street trees shall be planted at the rate of one tree for each 60'of street frontage. Tree planting shall be within a 10'Planting and Public Utility Easement. Street trees shall be planted by the Developer. The subdivider is required to provide automatic drip irrigation for all street trees. The irrigation system shall comply with FMC 12-306-N-23. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME North Salinas Avenue Pistacia chinensis - Chinese Pistache West San Jose Avenue Ginkgo biloba `Autumn Gold' -Maiden Hair Tree *Streets not mentioned shall conform to the planting in the area. 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60'of street frontage, or one tree per lot having street frontage, whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno,Department of Public Works"Standard Specifications." c. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall be reviewed and approved by the Department of Public Works,Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities,paid with final map,will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. ADDITIONAL REQUIREMENTS Trees planted within the right-of-way shall be planted by the property owner after first obtaining a street tree planting permit and a street work permit. Trees planted in the right of way shall be located with the following minimum setbacks: 30' from street corners &stop signs 20' from light poles & other acceptable trees 15' from alleys and power poles 10' from driveways & fire hydrants 8'from sewer lines 6' from concrete improvements,unless otherwise shown on plans 5'from building overhangs 3'from gas, electrical,water lines and adjoining property line Street trees shall be planted in accordance with City of Fresno,Public Works Specifications. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags,signs or identification of any kind shall be permitted in the right-of-way,within the City-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall be required to submit plans showing the location and configuration of all median islands fronting the proposed project for review and evaluation for median island landscaping requirements. 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 landscape features shall also be clearly defined. If a new median is required by the Traffic Division, the median island landscaping shall be applied as per FMC section 12-306-N-24. OUTLOTS 1. THE DEPARTMENT OF PUBLIC WORKS will not be responsible for the maintenance of any outlots if they are not included into the CFD2. If the outlots are to be included into the CFD2, the Department of Public Works will require approving landscape and irrigation plans prior to inclusion into the CFD2. City of Crsled-%i! Date April 25, 2005 TO: Sandra Brock, Planner III Development Department, Planning Division FROM: Randi Eisner, Senior Fire Prevention Inspector 'Ac4. Fire Prevention Bureau SUBJECT: Tentative Tract No. 5388 The Fire Department has completed a review of the Vesting Tentative Tract Map 5388, which was submitted by Sherman Spradling. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department: General Requirements: • This project is within 2 miles of Fire Station No. 14. • This project is subject to UGM Fire service fees for Fire station No. 14. • Provide residential hydrants and fire flows per Public works standards with two sources of water. • Access is not acceptable. The off site improvement to extend San Jose from Dante and Cornelia to the extent of the tract is required. If the street is not built, it will create an over length dead end street. City of rCR ��►���I ii �'.C'.""'�:I P DATE: April 14, 2005 TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager::�o Public Works Department, Engineering Division FROM: Louise Monroe, Traffic planning Supervisor Public Works Department, Engineering Division�N�\ SUBJECT: TT 5388, Public Works Conditions of Approval (San Jose: between Cornelia and Salinas) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5388, which was submitted by Spradling Construction, Inc. 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: San Jose Avenue: Collector (both sides) 1. Dedicate 47' 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' residential pattern. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 4. 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. 5. Re-design using (2)415' minimum radii (based on a 35 MPH design speed) connected by a 100' minimum tangent. Page 1 of 3 C:\Louise\TRACT MAPS\T-5388 SALINAS WEBER AND CORNELIA.doc 6. Relinquish direct vehicular access rights to San Jose Avenue from all lots within this subdivision, exception lots 1, 2,3,4,5 and 42. Lots 1, 2,3,4,5 and 42 shall not be permitted to back onto San Jose. A covenant is required to construct circular or hammer-head driveways. Local Streets: Salinas Avenue: 1. Dedicate 30' of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Local Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 4. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. Interior Streets: Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 54' streets. Specific Mitigation Requirements: 1. This tract will generate 31 a.m. /41 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 major streets for any phase of this development. 3. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. �¢ and-tha-4Fesns 4 ri6aiien Distrisi 5. Vacate any underlying street easements with the map or by a separate document. 6. San Jose: from the Dante/ Cornelia intersection to the westerly limits of this map (both sides) Coordinate fees and improvements with the Fresno Metropolitan Flood Control District. (Frontage Improvements required beyond the limit of development: F.M.C. Section 11-226(f)(6) and 2025 General Plan Policy numbers E-1-c, E-1-j, E-1-n and E-3-e.) a. Dedicate 47' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. b. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk shall be constructed to a 10' residential pattern. Page 2 of 3 C:\Louise\TRACT MAPS\T-5388 SALINAS WEBER AND CORNELIA.doc c. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub-division. d. 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. UGM Requirements: This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees. San Jose Avenue: Collector 1. Dedicate and construct (2) 17' center section travel lanes within the limits of this subdivision and continue northwest to the intersection of Dante/ Cornelia. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 35 MPH design speed. Page 3 of 3 Q:Louise\TRACT MAPS\T-5388 SALINAS WEBER AND CORNELIA.doc iJ m. City of Irmine rn� PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION • 559-621-8650 pfd 2600 FRESNO STREET,RM 4064• FAX 559-488-1045 f I FRESNO CA 93721-616 WWW.CI.FRESNO.CA.US r January 15, 2004 Mike Sutherland Michael Sutherland and Associates 36691 Avenue 12 Madera, California 93638 Dear Mr. Sutherland, SUBJECT: PROPOSED VACATION OF DANTE AVENUE FROM CORNELIA AVENUE TO SALINAS AVENUE The vacation feasibility study you requested has been completed. Findings indicate the vacation proposal is feasible subject to the following conditions: 1. Existing drainage patterns must be maintained. 2. The vacation should be limited at its westerly end by a line drawn from the angle point in the southerly right-of-way line of Dante that is roughly 400 feet easterly from Cornelia Avenue to the intersection.of the northerly right-of-way line of Dante with the southerly right-of-way line of the proposed 94-foot wide street. An exhibit drawing is attached indicating the proposed limit. 3. Before we can present the proposed vacation to Council, you must provide us with a fully dimensioned exhibit drawing on letter-size paper of the area to be vacated. If the drawing is sufficiently detailed, a legal description of the area to be.vacated will not be required. 4. The Fresno Irrigation District has concerns regarding their Herndon No. 39 and. "H" Ditch No. 128 canals. Their concerns are detailed in a letter to Public Works dated December 22, 2003 and a copy of that letter is attached for your use. Public Works must receive written acknowledgment that their concerns have been fully addressed and that they approve with and agree to the proposed vacation. A processing fee in the amount of$1,440.00 is required to cover the cost of administration and legal notices prior to continuing this process for City Council action. An environmental assessment fee will also be required and should be paid to the City of Fresno Development Department. Gil Haro of the City's Development Department at 621-8030 can provide you with further information about the environmental assessment. The study done for this proposed vacation will expire in one year. Therefore, please notify this office by January 15, 2005 of your intention regarding the pursuit of this vacation. Please call Alan James at 621-8693 if you have any questions. Sincerely, es Polsgro Supervising Engineering Technician attachments (4) c: P.W. File No. 10632 o.rrtcEs or �jZZ l�r I retry t ,•"-, Y�r t l 1 aI��I GAT ff1w)Ekq, I s T N �, PHONE(559)233-7161 -- FAX(559)233-8227 """ 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water �1 1 December 22, 2003 • I -- 24, 2093 Mr. James Polsgrove City of Fresno Public Works Department/Engineering 2600 Fresno Street, 4h Floor Fresno, CA 93721-3623 RE: The Proposed Vacation of Dante Avenue from Cornelia to Salinas and Salinas Avenue from the Herndon Canal to San Jose Avenue — FID's Herndon No. 39 & `H' Ditch No. 128 Canals Dear Mr. Polsgrove, FID has reviewed the Proposed Vacation of Dante Avenue from Cornelia to Salinas and Salinas Avenue from the Herndon Canal to San Jose Avenue, as shown in your enclosed letter. FID's comments and requests are as follows: 1. FID's Herndon No. 39 & `H' Ditch No. 128 traverse the subject area as shown on the enclosed map. 2. FID requests that the applicant grant an exclusive canal easement to FID and may request that the applicant pipe, concrete line, encase in a box culvert or other approved means to protect canal integrity, the Herndon No. 39 Canal across the proposed development in accordance with FID standards, and that the applicant enter into an agreement with FID for that purpose. The applicant will need to meet with FID to determine the canal alignment and required canal dimensions. 3. FID requests that the applicant grant an exclusive pipeline easement to FID and pipe the `H' Ditch No. 128 Canal across the proposed development in accordance with FID standards, and that the applicant enters into an agreement with FID for that purpose. The applicant will need to meet with FID.to determine the pipeline alignment and required pipeline diameter. 4. FID requests that the applicant be required to submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 5. FID requests that its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. Agencies\City\Dante&Salinas Ave Vacation BOARD OF President JACOB ANDRESEN. Vice-President EDDIE NIEDERFRANK DIRECTORS JEFF NEELY,JEFF BOSWELL,RON DANGARAN,Ed.D. General Manager GARY SERRATO December 22, 2003 Mr. James Polsgrove Page 2 of 2 Thank you for submitting this item for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or biohnson(a),fresnoirrigation.com. 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SANITARY SEWER AND WATER REQUIREMENTS FOR T-5388/UGM, R-04-68 AND V-05-07 General g Tentative Tract No. 5388/UGM, R-04-68 and V-05-07 proposes a 42-lot multi-family residential subdivision,rezoning from R A/UGM to R-1/UGM and a request to reduce the lot depth for 6 of the proposed lots on 11.3 acres located at the northwest and southwest corner of West San Jose and North Salinas 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_ Sanitary Sewer Reguirements The nearest sanitary sewer mains to serve the proposed project are an 8-inch sewer main located in North Salinas 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:sewer house branches shall be provided for each lot created. 3. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plan & profile improvement drawing for City review. 4. Public sewer 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 shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. 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: #18 3. Trunk Sewer Charge: Cornelia 4. Wastewater Facilities Charge (Residential Only) Water Requirements The nearest water mains to serve the proposed project are a 12-inch water main located in North Salinas Avenue. Water facilities are available to provide service to the site subject to the following requirements: 1. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in San Jose Avenue from North Dante Avenue east to West San Jose Avenue. 2. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 3. Separate water services with meter boxes shall be provided to each lot created. 4. 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. 5. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6. 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) �•i'.z 4� r� �'�I oRRlcas of Al PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water April 7, 2005 U-11���� V �� APR 1 1 2005 Ms. Sandra Brock Planning Division City of Fresno Development Department Development Department CITY OP F-,r,�,SNO Planning Division 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 RE: TTM No. 5388, RA No. R-04-68, VA No. V-05-07 — FID's Herndon No. 39 & `H' Ditch No. 128 Dear Ms. Brock: FID's comments and requests are as follows: 1. FID's Herndon No. 39 and `H' Ditch No. 128 canals traverse the subject property as shown on the enclosed map. 2. FID requires the applicant grant an exclusive canal easement to FID and concrete line, encase in box culvert or other approved means to protect canal integrity, the Herndon No. 39 Canal across the proposed development in accordance with FID standards, and that the applicant enter into an agreement with FID for that purpose. The applicant will need to meet with FID to determine the canal alignment and required canal dimensions. 3. FID requires the applicant grant an exclusive pipeline easement to FID and pipe the `H' Ditch No. 128 Canai across the proposed development in accordance with FID standards, and that the applicant enters into an agreement with FID for that purpose. The applicant will need to meet with FID to determine the pipeline alignment and required pipeline diameter. 4. FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 5. FID requests that its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 6. FID will require a Common Use of Easements Agreement between FID. and the City of Fresno for all Public Utility and Landscape easements which overlap FID's easement. Agencies\City\T71V[5388 R-04-68 V-05-07 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO Ms. Sandra Brock April 7, 2005 Page 2 of 2 7. FID requests the applicant be exempted from any condition that would require the construction of public facilities or conveyance of deeds or easements within FID's canal easement to any other party without FID's written consent. 8. FID may have additional comments regarding the subject proposal and suggests the applicant and or the applicants engineer contact FID at their earliest convenience. 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 biohnson(a),fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I Cc: Michael Sutherland Spradling Construction Agencies\City\17M5388 R-04-68 V-05-07 NyS 9S���J m SbN � r� S � a � U J S � n b 7 a SyNrb S i g �R M N c N �o.. 3 if v. \ O C) � + dJ ILLII LU )PG II V113M:100 V113W:1 O �.. zo F O 9 W g 0 z LU LU cr LL �I Sandra Brock TTM Tract No 5388 Vacation of Dante Avenue and Trail Along FID's Herndon Canal Page 1 From: "Bill Stretch"<BStretch@fresnoirrigation.com> To: <Sandra.Brock@ci.fresno.ca.us>, <darrel.unruh@ci.fresno.ca.us>, "Robert Andersen" <Robert.Andersen@ci.fresno.ca.us> Date: 8/10/2005 4:27:09 PM Subject: TTM Tract No. 5388-Vacation of Dante Avenue and.Trail Along FID's Herndon Canal - Sandra & Darrel-This message is intended to address only the proposed trail along the Herndon Canal, while FID's letter dated December 22, 2003 addresses all other conditions placed on said development. I believe the question is whether FID will allow the proposed trail to overlap the canal easement which will dictate whether the City dedicates a separate easement for trail purposes (typically 25 -35 feet wide). It's difficult to give a straight or clear answer at this time, but hopefully this message will give a better idea of FID's requirements along trails. Although a trail is masterplanned along this section of the Herndon Canal, it is unclear which side of the canal the trail will be located. As you know, FID typically requires trails be located outside FID's canal easement, in newly developed areas. FID is open to the idea of the trail easement overlapping the canal easement in areas where development has occurred on both sides of the canal leaving no room for a separate trail easement. A good example of this situation is the "Bankside Trail" project, which is proposed along the Herndon Canal between Blackstone/Shields and the Ashlan/West intersections. While FID is open to trails to overlapping the canal easements on a "case by case" basis, numerous issues need to be resolved before FID will sign any plans or maps. The main issues revolve around a "Common Use"agreement which will address liability, trail &canal maintenance. Some progress has been made during the past year, but we have just "scratched the surface". The trails are masterplanned along very large open canals (which will most likely never be pipelined), but requires both banks for operation and maintenance purposes. If the trails were to overlap the canals, FID will probably not allow any encroachment, although we may allow the road surface to be improved (all weather road surface). If the proposed development can not accommodate both the canal and trail easement (typically 25- 35 feet wide), could the City require a smaller easement width such as 5-10 feet,which should be enough room for trees, bushes,'shrubs, etc.?Also, it's possible that the trail be placed on the other(left)canal bank, depending on FID's operational needs as well as the surrounding development. As we discussed before, both agencies need to continue these discussions Sandra Brock-TTM Tract No 5388 Vacation of Dante Avenue and Trail Alon FID's Herndon Canal Page and continue developing the trail masterplan which will help us answer these questions in the future. For future projects, FID's standard trail comments are as follows: 1. The following are intended for trail projects in undeveloped areas where the trail can easily be placed outside FID's easement, such as this project. a. FID requires that it be granted a documented easement(s) for the canal easement. b. FID will not allow the trail easement to be in common use with FID's easement. C. FID requires all trail improvements be placed outside FID's easement. d. FID will not allow any portion of a tree canopy to encroach within its easement. e. FID's canals will not accept any drainage from the trail or the canal bank. On a previous project (southeast of Shepherd and Fowler Avenues), a drainage swale was constructed between the canal bank and trail, directing drainage to a collection system. f. FID may require some improvements be made to the canal depending on the existing canal condition, the proposed trail and the adjacent development. Hopefully this helps. Sincerely, Bill Stretch, P.E. Chief Engineer FRESNO IRRIGATION DISTRICT 2907 S. Maple Ave. Fresno, CA 93725 Phone: 559-233-7161 x318 Fax: 559-233-8227 E-mail: bstretch@fresnoirrigation.com AUG-05-2005 FRI 07:04 An FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 02 File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, NOTICE OF REQUIREMENTS L L AUG 9 5 19-005 PUBLIC AGENCY DEVELOPER Mr. Oil Haro,Planning Manager SPRADLING CONST. CO. Planning& Development Department 4848 N. FIRST ST., SUITE 107 City of Fresno FRESNO, CA 93726 2600 Fresno Street Fresno, CA 93721 MAP NO. 5388 PRELIMINARY FEE(S) (See below,, DRAINAGE e�A(S) 11 EF DRAINAGE AREA EF $31,588.00 DATE DRAINAGE AREA ry - TOTAL FEE 531,588-00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master'Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FNECD project engineer prior to W approval of the final map for the tee. 00 Considerations which may affect the fee obligation(s) or the timing.or form of fee payment: a) 'Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent pro-visions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be 0 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. 5469 E.OLIVE - FRESNO.CA 93727 - (559)115(.-3292 - FAX(559)455(�304 Two sided documatit nUU-UJ-000J r A 1 U I •U4 r111 1"IIL:JIYU 1"LVUU UU111 RUL r tlA IVU. 000400 1 U 1 0 r. uj FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page? of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development.shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 4L-2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. ?. The proposed development shall construct and/or dedicate Storm Drain4ge and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. .Availability of drainage facilities: _ a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the .Master Plan inlet(s). _ X b. The construction of facilities required by Paragraph No. ?hereof will provide permanent drainage service. c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. ?. S. 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 Polio- X Does not appear to be located within a flood prone area. �Sw j469 E.OLIVE - rRESNU,CA U71- - (559)456-3292 - FAX(5591 45i-3194 Two sided documen: AUG-05-2005 FRI 07:04 A(4 FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 04 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 stand.arcls. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. 0 a. Nq State 0eneral Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Pemut is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control z Board (State Board'), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees 0 in permit compliance, and complete an annual certification of compliance. ■ b. State General Permit for Storm Water Discharges Associated with Lndustrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by co 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. Permitte--s 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, el.imuiate non-storm water discharges. conduct routine site inspections, train employees in permit compliance, sample stoma water runoff and test it.for pollutant indicators, and annually submit a report to the State Board. s�;, 469 E.OLIVE - FRESNO.CA 93727 - (459)456-3292 - FAX(559)4:56-3194 Two sided document 'nuu-uj-cuuj r n I u i -u4 ni i t nUkAIU r LUUu uUiy t RVL r NA 14U. 00ZJ4001 U I 0 V. Ub FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary, of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. a See Exhibit'No. 2 for additional comments, recommendations and requirements. 4�41 nZ44==.CZ.Z - ( — ? - erald E. an, Project Fngineer-7_ Zbay ns District Engineer C: MICHAEL SUTHERLAND AND ASSOCIATES 36691 AVENUE 12 MADERA, CA 93638 }1xs 1,469 t;.OL1VG - FRESNC).CA 93737 F'AX(559)45G-3194 Two sided document AUG-05-2005 FRI 07:05 AM FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 06 i 1 Q ` \\ W CO.` BASIN Z ,EF, Cif ``�•� �'�. U \ AVILA AVJ__�\ TRACT ' 5184 TRACT �'.•� '`� 5315 ISy SAN,JOSE AVE \ \ LEGEND Master Plan Facilities To Be Constructed By Developer- Pipeline(Size Shown), Inlet&Outfall Structure. Cl--- —E Existing Master Plan Facilities SCALE 1"=300' Future Master Plan Facilities --�^- Direction Of Drainage —————— Inlet Boundary Existing Temporary Inlet TRACT 5388 DI"AGE A kLA: "EF" EX}ilBfT N0. l FRESNO METROPOLITAN FLOOD CONTROL DISTRICT . ORAWR er rx pAlk RMM By — OATL nuv UU-CUU) r[�l U i -UJ ML r RLa11Q r LUUU UUIY 1 RUL NlA 14U. Dodq:)01 U 10 V. U( OTHER REQUIREMENTS EXMrr NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drdinage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Muster plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. The proposed development is located in an area with risk of floodwater impoundment against the Herndon Canal. A minimum fetish floor elevation of 303.50 (L1SGS Datum) is required. No surface run-offshall be directed towards the District basin. The District recommends a, single fence between the site and the District's basin. The Developer should contact the District so that alternatives to a dual fence;can be reviewed. if a fence other than the existing chain link fence is proposed, District review and approval of the propused fence is required. The District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of grades at our mutual property line prior to preparing a grading plan. Development No. 'bract 5385 cnzn�rtr�is�e�lnibit?�TucN3 BNi ri i ' CITY OF FRESNO ENVIRONMENTAL ASSESSMENT AMENDED FINDING OF CONFORMITY/MSIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resources Code DATE RECEIVE&O&NG;�o (California Environmental Quality Act)the project described below is -Z- 9 � determined to be within the scope of the Master Environmental Impact C' Cn Report(MEIR) No. 10130 prepared for the 2025 Fresno General Plan. p Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 �Q Applicants: Initial Study Prepared By: �o Michael Sutherland and ' Associates, on behalf of owner Sandra Brock, Planner Spradling Construction, Inc. July 28, 2005 4848 North First Street Suite 107 Fresno California 93726 Environmental Assessment Number: Project Location (including Assessor's Parcel Numbers): On the west side of the North Salinas Avenue alignment, between R-04-68/T-5388/V-05-07 West San Jose Avenue and the Herndon Canal, southeast of Fresno Metropolitan Flood Control District Basin EF APN 509-020-23 Project Description: Rezone Application No. R-04-68 proposes to change the zoning on this 11.3-acre property from R-A/UGM (Residential and Agricultural District, Urban Growth Management Area) to R-1/UGM (Single-Family Residential District, Urban Growth Management Area), consistent with the 2025 Fresno General Plan and Bullard Community Plan medium density residential land use designation for this site. Tentative Tract Map Application No. T-5388/UGM proposes to subdivide the subject property into 42 single family residential parcels with concomitant grading, installation of related infrastructure to serve this project, and relocation of on-site irrigation facilities. This project includes vacation of the westerly half of North Salinas Avenue between West San Jose Avenue and the Herndon Canal (the easterly half of this street segment was previously vacated), and vacation of the entire width of the North Dante Avenue right-of-way from its intersection with North Salinas Avenue to its future intersection with West San Jose Avenue (this segment of West San Jose Avenue is being constructed with tract improvements). Variance Application No. V-05-07 requests a reduction of the Fresno Municipal Code's 100-foot lot depth standard for the R-1/UGM zone district for six of the proposed lots in Tract 5388/UGM. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested tentative tract map, rezone, and variance applications in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The 2025 Fresno General Plan designates the subject property for medium density residential use, allowing a range of 4.99 to 10.37 dwelling units per acre. The subject property is proposed to be rezoned for single-family residential use by means of Rezone Application No. R-04-68 and developed with housing at an intensity and scale that is permitted by the planned land use of the site pursuant to Tentative Tract Map No. 5388/UGM. After dedication of right-of- way for West San Jose Avenue, a designated collector street, the density of lots on the remaining 9.5t (net) acres will be 4.4t dwelling units per acre. Pursuant to Fresno Municipal Code Section 12-403-B-2.b(1), this density is consistent with the medium-density land use designation. Variance application No. V-05-07 requests authorization for a reduced lot depth (less than the 100-foot minimum standard of the R-1 single-family residential zone district) on six of the proposed lots, which is consistent with the Finding of Conformity with MEIR No. 10130 Prepared for the 2025 Fresno General Plan EA No. R-04-68/T-5388N-05-07 August 18, 2005 Page 2 2025 Fresno General Plan policies advocating for infill projects and flexibility in development standards to support the overall goal of a moderate intensification of residential development. The proposed rezone, tentative tract map, and variance will not facilitate an additional intensification of uses beyond that which would be allowed by the above-noted planned land use designation approved with the 2025 Fresno General Plan and Bullard Community Plan. With imposition of tract map conditions regarding infrastructure construction, it is not expected that development of the property will adversely impact existing city service systems or the traffic circulation system that serves the subject site. These findings have been verified by the Public Works and Public Utilities Departments. All applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to ensure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project 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 medium density residential use designation specified for the subject property. The project does not change the land use approved for the subject property, 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 is being 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). Aq/'�qI- Darrell Unruh Date Planning Manager, City of Fresno Attachments: Environmental Impact Checklist for Environmental Assessment No. R-04-68/T-5388N-05-07 Mitigation Monitoring Checklist (MEIR No. 10130)for Environmental Assessment No. R-04-68/T-5388N-05-07 ENVIRONMENTAL ASSESSMENT CHECKLIST EA No. R-04-68/T-5388N-05-07 Potential Environmental Effects '1 TOPOGRAPHIC SOIL GEOLOGIC 12.0 HAZARDS eo ogic hazards, unstable soil conditions 1 12.1 Risk of explosion or release of hazardous 1.2 Adverse change in topography or ground surface relief substances 7- 1.3 Destruction of unique geologic or physical features 1 12.2 Site subject to flooding 1.4 Increased water erosion _T_ 12.3 Adverse change in course of flow of flood waters 2.0 AIRUQ ALITY 1 12.4 Potential hazards from aircraft 1 2.1 Generates substantial indirect source pollution accidents T- 2.2 Direct on-site pollution generation 1 12.5 Potential hazards from landfill and/or toxic T- 2.3 Generation of objectionable odors waste sites T_ 2.4 Generation of dust except during construction 1- 2.5 Adverse local climatic changes 13.0 AESTHETICS 1 13.1 Obstructs public/ scenic vista or view 3.0 WATER _T_ 13.2 Creates aesthetically offensive conditions 1 3.1 nsu i ent groundwater for long-term project use 7 13.3 Removes street trees or other valuable T- 3.2 Uses large quantities of ground water vegetation 1- 3.3 Wasteful use of water 1 13.4 Architecturally incompatible with 7- 3.4 Pollution of surface water or groundwater supplies surrounding area T- 3.5 Reduces groundwater recharge 14.0 CULTURAL/PALEONTOLOGICAL 4.0 PLANT LIFE 1 14.1 Removal of historic building, or disruption 1 4.1e u�T ces numbers of any rare/unique/endangered of archaeological site species 1 14.2 Construction or use activity incompatible 1 4.2 Reduction in acreage of agricultural crop with adjacent historic site 7 4.3 Premature or unnecessary conversion of prime agricultural land 15.0 ENERGY 1 15.1se-s substantial amounts of fuel or energy 5.0 ANIMAL LIFE 7 15.2 Substantial increase in demand upon 1 5.1 R-eUuces numbers of any rare/unique/endangered existing sources of energy species 1 15.3 Wasteful use of energy 1 5.2 Deterioration/displacement of valuable habitat 1 6.0 HUMAN HEALTH/SAFETY-Potential for causing injuryffillnesses 7.0 NOISE Explanation of Ratings 1 7.1ncT reases existing noise levels 7.2 Increases exposure to high noise levels "0" Insufficient Information 8.0 LIGHT AND GLARE Insufficient information is available for this 1 8.1 Production oT g are, which will adversely affect category and project to determine the potential residential areas environmental effects which may result from 1 8.2 Exposure of residences to high levels of glare the proposed project. 9.0 LAND USE "1" No Significant Environmental Effect 1 9.1 ncompati a with adopted plans and policies 9.2 Accelerates growth rate In this category, the proposed protect will not 9.3 Induces unplanned growth have an adverse environmental effect, or any 9.4 Causes adverse change in existing or planned area such effect is not substantially unusual or of characteristics undesirable magnitude. This rating is also 10.0 TRANSPORTATION AND CIRCULATION utilized in cases where the category is not 1 10.1 Generabono vehicle traffic sufficient to cause capacity applicable to the project under consideration. deficiencies on existing street system "2" Moderate Environmental Effect 1 10.2 Cumulative increase in traffic on a major street for which capacity deficiencies are projected In this category, the proposed project could 1 10.3 Specific traffic hazard to motorists, bicyclists, or pedestrians have an adverse en vronmentl effect which is 1 10.4 Routes non-residential traffic through residential area of sufficient magnitude to be of some concern. __T 10.5 Insufficient or poorly located parking However,this effect is not substantial enough T 10.6 Substantial increase in rail and/or air traffic in itself to require preparation of an Environ- mental Impact Report and is mitigable through 11.0 URBAN SERVICES project changes and conditions. 1 11.1 Availability of fire protection __T 11.2 Lack of emergency vehicle access "T' Significantly Adverse Environmental Effect 7 11.3 Adequacy of design for crime prevention __T 11.4 Overcrowding of school facilities The environmental effect identified in this 11.5 Availability of water mains of adequate size category substantiates in itself, or contributes 11.6 Availability of sewer line and treatment capacity toward, a finding that the proposed project has 1 11.7 Availability of storm water drainage facilities (on or off- a potentially significant adverse effect on the site environment sufficient to require the 1 11.8 Availability of adequate park and recreation areas preparation of an Environmental Impact Report. __J_ 11.9 Unusually high solid waste generation LL 0 W 0 N cp p m N m 0 CL 7 V a) 7 � o p U a Q X X X ¢ m O az I I LU w w V m 0)m m CD a)— Zp 0 0 . 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