HomeMy WebLinkAboutT-5394 - Conditions of Approval - 2/9/2005 City J REPORT TO THE PLANNING COMMISSION
AGENDA ITEM NO. VIZI-B
COMMISSION MEETING 12/1/04
December 1, 2004 APPROVED RY
FROM: STAFF, Planning Division ic/�
Planning and Development Department DEPARTMENT DIRECTt A- 0ril
SUBJECT: CONSIDERATION OF REZONE APPLICATION NO.R-04-72,VESTING TENTATIV TRACT MAP
NO.T-5394, CONDITIONAL USE PERMIT APPLICATION NO.C-04-125 AND ENV ONMENTAL
FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-04-72/T-5394/C-04-125
EXECUTIVE SUMMARY
Rezone Application No. R-04-72 proposes to change the zone district from the R-1 (Single Family Residential)zone
district to the R-2 (Low Density Multiple Family Residential) zone district for 1.6 acres of property located on the
southeast corner of West Thomas and North Weber Avenues. The applicant, David McMurry, has also filed
Vesting Tentative Tract Map No. 5394 proposing to subdivide the subject property into a 9-lot single family
residential subdivision at an overall density of 5.6 units per acre. Conditional Use Permit Application No. C-04-125
has been filed to allow the subdivision to be developed as a clustered planned development with reduced lot widths
and lot area, the provision of common open space areas, and vehicular access using a private common driveway.
The applications will bring the zoning and uses for the property into conformance with the 2025 Fresno
General Plan, the Fresno High Roeding Community Plan and the Tower District Specific Plan.
PROJECT INFORMATION
PROJECT A 9-lot single-family residential planned development subdivision on
1.6 acres of property to be developed at an overall density of 5.6
dwelling units per acre
APPLICANT David McMurry (Engineer: Harbison International)
LOCATION Southeast corner of West Thomas and North Weber Avenues
(Council District 3, Councilmember Sterling)
SITE SIZE 1.6 acres
LAND USE Existing - Vacant
Proposed - Single Family Residential
ZONING Existing: R-1 (Single Family Residential)
Proposed: R-2 (Low Density Multiple Family Residential)
PLAN DESIGNATION The proposed R-2 zone district conforms to the existing medium
AND CONSISTENCY density residential land use designation when developed consistent
with the density requirements of the medium density residential land
use designation (4.99 to 10.37 dwelling units per acre).
ENVIRONMENTAL FINDING Finding of Conformity to Master Environmental Impact Report
No. 10130 was issued on October 14, 2004.
PLAN COMMITTEE The Tower District Design Review Committee voted at its meeting
RECOMMENDATION on June 15, 2004 to approve the proposed project
STAFF RECOMMENDATION Recommend approval of rezone application,approve vesting tentative
tract map subject to compliance with the Conditions of Approval for
T-5394 dated December 1, 2004 and approve conditional use permit
application subject to compliance with the Conditions of Approval for
C-04-125 dated November 24, 2004.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-72
Conditional Use Permit Application No. C-04-125
Vesting Tentative Tract Map No. T-5394
December 1, 2004
Page 2
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
North Medium Density Residential R-1 Single Family Residential
Single Family Residential
South General Heavy Commercial C-6 Bar/Nightclub
Heavy Commercial
East Medium Density Residential R-1 Single Family Residential
Single Family Residential
West Not Applicable Not Applicable Southern Pacific Railroad
ENVIRONMENTAL FINDING
The initial study prepared for Environmental Assessment No. R-04-72/T-5394/C-04-125 considered potential
environmental impacts associated with the subject rezoning,tentative tract map and conditional use permit request.
The study indicates that the project, if approved, would conform to the land use designation and land use policies
of the 2025 Fresno General Plan, Fresno High Roeding Community Plan and the Tower District Specific Plan and
is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that
the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report
(MEIR No. 10130) dated October 14, 2004, which incorporates a MEIR Mitigation Monitoring Checklist. This
environmental finding was properly noticed on October 14, 2004, with no comments received to date.
BACKGROUND /ANALYSIS
The applicant, David McMurry, has filed Rezone Application No. R-04-72, Vesting Tentative Tract Map No. 5394
and Conditional Use Permit Application No. C-04-125 for 1.6 acres of property located on the southeast corner of
West Thomas and North Weber Avenues. The rezone application proposes to rezone the subject property from
the R-1 (Single Family Residential)zone district to the R-2 (Low Density Multiple Family Residential) zone district
for the entire subject property. Vesting Tentative Tract Map No, 5394 proposes to subdivide the entire 1.6 acre
site into a 9-lot single family residential subdivision at a density of 5.6 dwelling units per acre. Conditional Use
Permit Application No. C-04-125 has been filed to allow the subdivision to be developed as a clustered planned
unit development with reduced size lot widths, reduced lot area,common open space and a private common access
drive.
On November 19,2002,the City Council,through Resolution No.2002-379,adopted the 2025 Fresno General Plan
which also updated the Fresno High Roeding Community Plan. The Fresno High Roeding Community Plan
designates the subject property for medium(4.99-10.37 dwelling units per acre)density residential land uses. The
Tower District Specific Plan also designates the site for medium density residential land uses. The applicant wishes
to pursue development of the subject property with 9 single family residences. The requested R-2 zone district is
considered consistent with the residential planned uses contingent upon the development of the property in
accordance with the Vesting Tentative Tract Map No. 5394 and Conditional Use Permit Application No. C-04-125.
The proposed development with an average density of 5.6 dwelling units per acre demonstrates that the project
site will be developed within the overall range of dwelling units anticipated by the 2025 Fresno General Plan, Fresno
High Roeding Community Plan and the Tower District Specific Plan as provided by Fresno Municipal Code Section
12-403-B-2.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-72
Conditional Use Permit Application No. C-04-125
Vesting Tentative Tract Map No. T-5394
December 1, 2004
Page 3
Surrounding land uses are characterized by single family residential to the north and east, commercial to the south
and the Union Pacific Railroad tracks to.the west. Access to the subject site will be from North Thorne Avenue,
which is a local street. The traffic generated by this project can be accommodated by the planned circulation
system with street improvements completed by the project as required by current development standards and
Master Environmental Impact Report No. 10130 mitigation measures. Sewer and water infrastructure is already
located in West Thomas and North Thorne Avenues and is available to serve the proposed project.
The 2025 Fresno General Plan has numerous policies that promote the development of vacant lots in the urban
core neighborhoods. These include strategies to "intensify efforts to preserve or enhance established
neighborhoods and fully utilize land and resources readily available for new development within the area of the
Fresno High Roeding Community Plan" (Policy C-2-j) and "plan(ing] for the diversity and quality of residential
housing, at locations necessary to provide for adequate and affordable housing opportunities. Housing patterns
should support balanced urban growth and should make efficient use of resources and public facilities" (Objective
C-9). Objectives C-15 and C-16 also state that the city shall "provide infill opportunities that will revitalize the built-
up urban core communities and neighborhoods of Fresno, provide residential development for diverse population
and improve the overall quality of the urban environment" and "Create a more efficient, economical and livable
urban form by concentrating development within the older built-up core communities and neighborhoods". The
development of this 1.6 acre project site, which is currently vacant,with 9 single family residences meets the goals
of these objectives and policies to provide infill housing in the urban core areas in order to efficiently utilize existing
public facilities and services.
Committee Recommendation
The Tower District Design Review Committee reviewed the proposed project at their meeting on June 15, 2004.
The committee unanimously recommend approval of the applications.
Public Facilities and Services
The Water Division of the Public Utilities Department has determined that there is an adequate source of water
available to serve the project with the implementation of service delivery requirements and environmental impact
mitigation measures. The nearest water mains to serve the project are an 8-inch water main located in West
Thomas Avenue and a 6-inch water main in North Thorne Avenue. The Public Utilities Department has determined
that adequate sanitary sewer service is available to serve the project, subject to the mitigation measures imposed
with the environmental assessment. The nearest existing sewer main is a 10-inch sewer main in West Thomas
Avenue.
The Fresno Metropolitan Flood Control District(FMFCD) has indicated that this project can be accommodated by
the district and that there are no requirements for construction of FMFCD "Master Plan facilities".
The 2025 Fresno General Plan designates North Weber Avenue as a collector street, which typically requires a
94-foot right-of-way. The project will be required to dedicate and construct limited street improvements for North
Weber and West Thomas (a local street) Avenues. Other improvements include the construction of curb, gutter,
sidewalk, and transition paving within the limits of the tract; construction of an underground street lighting system;
and relinquishment of access rights to North Weber Avenue for all residential lots adjacent to the major street
frontage. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5394
Conditions of Approval dated December 1, 2004.
■
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-72
Conditional Use Permit Application No. C-04-125
Vesting Tentative Tract Map No. T-5394
December 1, 2004
Page 4
The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has
reviewed the project. They have responded in a memo dated August 26, 2004, attached, that they have no
comment on the proposed project.
LandscapingMalls
Given that the proposed subdivision abuts a planned collector street,the developer will be required to install 10-foot
wide landscaped areas along North Weber Avenue. The proposed project, a clustered planned unit development,
is required to have a common open space which is equivalent to 25 percent of the total project site area. The
project proposal has 21,066 square feet of open space which is approximately 30percent of the site. In addition,
the applicant will be required to construct an 8-foot solid wall(or approved combination of earth berm and solid wall)
along the westerly property line which will mitigate the adverse effect of noise generated by trains traveling along
the Southern Pacific Railroad tracks, as recommended by the acoustical analysis prepared by Brown-Buntin and
Associates, dated May 10, 2004 (revised August 9, 2004).
Lot Dimensions
The R-2 zone district requires minimum lot sizes of 6,000 square feet for lots in the subdivision. Conditional Use
Permit Application No. C-04-125 was filed to allow reduced size lots for a portion of the subdivision. The proposed
reduced size lots meet the minimum size requirements(4,200 square feet)for a planned development. In addition,
the reduced size lots will also have reduced width; however, the depth will meet the requirements (100 feet)of the
R-2 zone district.
The subdivision map, based on the required findings for approval and subject to the recommended conditions of
approval, and the standards and policies of the 2025 Fresno General Plan, Fresno High Roeding Community Plan
and the Tower District Specific Plan, complies with applicable zoning and subdivision requirements. Therefore,
staff recommends approval.
Tentative Tract Map Findings
The Subdivision Map Act(California Government Code Section 66400 et.seq.)requires that a proposed subdivision
not be approved unless the map, together with its design and improvements, is found to be consistent with the
General Plan and any applicable specific plan (Finding No. 1 below).
State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2- 5 below
is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive
and natural heating or cooling opportunities in the subdivision development(Finding No. 6 below).
1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025
General Plan, Fresno High Roeding Community Plan and Tower District Specific Plan which all designate the
site for medium density residential land uses and subject to Section 12-403-B of the Fresno Municipal Code,
the project design meets the density and zoning ordinance criteria for development in this plan designation.
2. This site is physically suitable for the proposed type and density of development, because conditions of
approval will insure adequate access and drainage on and off the site.
3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage
to the natural environment, including fish,wildlife or their habitat, because of the urbanized nature of the area
in which the site is located.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-72
Conditional Use Permit Application No. C-04-125
Vesting Tentative Tract Map No. T-5394
December 1, 2004
Page 5
4. The proposed subdivision design and improvements are not likely to cause serious public health and safety
problems, because the conditions of approval have shown and will insure that the subdivision conforms with
City health and safety standards.
5. The proposed subdivision design will not conflict with public easements within or through the site, because
conditions of approval will assure noninterference with any existing or proposed public easements.
6. The design of the subdivision provides,to the extent feasible,for future passive and natural heating or cooling
opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials
and because of the orientation of the proposed lots.
The subdivision map, subject to the recommended conditions of approval, complies with the design and property
development standards of the Zoning Ordinance and local Subdivision.Ordinance.
Conditional Use Permit Findings
Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of
the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A-2
of the Fresno Municipal Code (FMC) can be made.
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2.
a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in
size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences,
parking, loading, recycling areas, landscaping, and other required features; and,
Finding a The subject site is 1.6 acres in size and has an adequate amount of space, if developed in
_- accordance with the project's site plan, to meet all applicable requirements of the Code and as
�`' ',Ai., ' ° ": established in the Special Permit Conditions of Approval dated November 24,2004,including yards,
y��"�"� �;�F spaces, walls and fences, parking, landscaping and other required features
b. The site for the proposed use relates to streets and highways adequate in width and pavement type to
carry the quantity and kind of traffic generated by the proposed use; and,
Findrng b Staff from the Transportation Planning Section of the Public Works Department has estimated that
the proposed development will generate approximately 90 daily vehicle trips which can be
accommodated by the adjacent streets.
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c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the
area in which the property is located. The third finding shall not apply to uses which are subject to the
provision of Section 12-306-N-30 of this Code.
Finding cp The staff of the Planning and Development Department has determined that the proposed use will
pg not be detrimental to the public welfare or be injurious to property or improvements in the area in
which the property is located if developed in accordance with the various conditions/requirements
established through the rezone, conditional use permit and tentative tract map application review
process.
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Based upon the plans and information submitted by the applicant and the recommended conditions of project
approval, staff has determined that these findings can be made.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-04-72
Conditional Use Permit Application No. C-04-125
Vesting Tentative Tract Map No.T-5394
December 1, 2004
Page 6
CONDITIONS OF APPROVAL
1. Development shall take place in accordance with Conditional Use Permit Application No. C-04-125 and the
Conditions of Approval for C-04-125 dated November 24, 2004.
2. Development shall take place in accordance with Vesting Tentative Tract Map No. 5394 dated August 24,
2004, and the Conditions of Approval for T-5394 dated December 1, 2004.
Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council.
Planning Commission action of the proposed tentative tract map and conditional use permit application, unless
appealed to the Council, is final.
CONCLUSION I RECOMMENDATION
It is recommended that the Planning Commission take the following actions:
1. RECOMMEND APPROVAL to the City Council of Environmental Assessment No.R-04-72/T-5394/C-04-125
(Finding of Conformity to Master Environmental Impact Report No. 10130), issued on October 14, 2004.
2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-04-72 which proposes to
rezone the project site from the R-1 (Single Family Residential) zone district to the R-2 (Low Density
Multiple Family Residential) zone district.
3. APPROVE Conditional Use Permit Application No. C-04-125 subject to compliance with the Special Permit
Conditions of Approval dated November 24, 2004.
4. APPROVE Vesting Tentative Tract Map No. 5394 subject to compliance with the Conditions of Approval
dated December 1, 2004.
KAMaster Files-2004\'REZONE\R-04-072-T-5394-Thomas$Weber PUD-SAC\R-04-72-C-04-125-T-5394-RPC.wpd
Attachments: Vicinity Map
Conditional Use Permit No. C-04-125 Exhibits"A"and"L", dated June 16, 2004, and Exhibits"E-1"
through "E-8", dated May 18, 2004.
Vesting Tentative Tract Map No. 5394 dated August 24, 2004
Conditions of Approval for T-5394 dated December 1, 2004, including letters from Public Works
Department- Parks Comments (9/23/04)
Conditions of Approval for Conditional Use Permit Application No. C-04-125, dated November 24,
2004, including letters from Fresno Metropolitan Flood Control District (6/10/04) and San
Joaquin Valley Air Pollution Control District(6/4/04)
Memo from Caltrans dated August 26, 2004
Environmental Assessment No. R-04-72/T-5394/C-04-125 (Finding of Conformity to Master
Environmental Impact Report No. 10130), issued on October 14, 2004
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ADDRESS: 235 W THOMAS AVE
APN: 450-260-05,06,07
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
SPECIAL PERMIT
CONDITIONS OF APPROVAL
Application No. C-04-125 December 1, 2004
PART A- PROJECT INFORMATION
Assessor Parcel Nos. 450-260-05, 06, 07
Street Location Southeast corner of North Weber and West Thomas Avenues
Zoning Existing: R-1
Proposed: R-2
Project Description A 9-lot clustered single-family residential planned development project
with a private street access and one outlot for access, common area,
arkin , sewer, water and storm drainage facilities.
PART B - GENERAL CONDITIONS AND REQUIREMENTS
The Fresno City Planning Commission,on December 1,2004,will considerthe special permit application
subject to the enclosed list of conditions and Exhibits A and L , dated June 16, 2004, and Exhibits E-1
through E-8 dated May 15, 2004.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project may be subject to a variety of discretionary conditions of approval.
These include conditions based on adopted City plans and policies, those determined through
site plan review and environmental assessment essential to mitigate adverse effects on the
environment including the health, safety, and welfare of the community, and recommended
conditions for development that are not essential to health,safety,and welfare, but would on the
whole enhance the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval are listed in the last section of this list of conditions under the
heading"Part F-Miscellaneous"and may be appealed. All code requirements, however, are mandatory
and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section
12-405.A can be made.
Approval of this special permit shall be considered null and void in the event of failure by the applicant
and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts
and information relating to the subject property and the proposed development including, but not limited
to, the following:
1. All existing and proposed improvements including but not limited to buildings and structures,
signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the
subject property and all of the preceding which are located on adjoining property and may
encroach on the subject property;
Conditions of Approval
Conditional Use Permit No. C-04-125
Page 2
December 1, 2004
2. All public and private easements, rights-of-way and any actual or potential prescriptive
easements or uses of the subject property;
3. Existing and proposed grade differentials between the subject property and adjoining property
zoned or planned for residential use.
Approval of this special permit may become null and void in the event that development is not
completed in accordance with all the conditions and requirements imposed on this special
permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The
Development Department shall not assume responsibility for any deletions or omissions resulting
from the special permit review process or for additions or alterations to construction plan not
specifically submitted and reviewed and approved pursuant to this special permit or subsequent
amendments or revisions.
No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan
shall be permitted. (Include this note on the site plan.)
Transfer all red line notes, etc., shown on all original conditional use permit exhibits(dated May 18, 2004
and June 16, 2004) to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN
THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN
CHECK PROCESS.
To complete the backcheck process for building permit relative to planning and zoning issues, submit
eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and
irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Project
Evaluation Section, for final review and approval, ten days before applying for building permits.
Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the
Planning Division must be substituted for unstamped copies of same in each of the four sets of
construction plans submitted for plan check prior to issuance of building permits. The final approved site
plan must also include all corrections identified in the plan check process.
Be advised that on-site inspections will not be authorized unless the final stamped approved site plan,
elevations, landscape, and irrigation plans are included in the plan check file copy.
Please call for an appointment for final sign-off for building permits following your receipt and
substitution of the four copies of the stamped, corrected, approved exhibits in the plan check
sets. Call Shelby Chamberlain at 559/621-8042.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees,
dedication, reservations or exactions for this project are subject to protest by the project applicant at the
time of approval or conditional approval of the development or within 90 days after the date of the
imposition of the fees, dedications, reservation or exactions imposed on the development project.
This notice does not apply to those fees, dedications, reservations or exactions which were previously
imposed and duly noticed; or, where no notice was previously required under the provisions of
Government Code Section 66020(d)(1) in effect before January 1, 1997.
Conditions of Approval
Conditional Use Permit No. C-04-125
Page.3
December 1, 2004
PART C - PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and proposed
on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to
omission or misrepresentation of information,for which this review process is dependent,will be imposed
whenever such conditions are disclosed.
Questions relative to dedications, street improvements or off-street parking geometrics may be directed
to David Padilla at 559/621-8798 and questions relative to utility connection charges may be directed to
Frank Saburit at 559/621-8077 of the Planning and Development Department, Building and Safety
Services Division, Land Division and Engineering Section.
OFF-STREET PARKING FACILITIES AND GEOMETRICS
1. Off-Street (on-site) parking facilities and geometrics shall conform to the City of Fresno, Public
Works Department, Parking Manual, Standard Specifications and requirements as noted on
Exhibits A dated May 18, 2004 and June 16, 2004.
2. The applicantshall provide access and directional signs(e.g."Entrance,""Exit,""RightTurn Only,"
"One Way," handicap signs, etc.) as determined by the City Traffic Engineer and as noted on___..
Exhibits A dated May 18, 2004 and June 16, 2004.
3. Parking lot pavement and drainage design shall be in accordance with Public Works Department
Standard Drawing Nos. P-41, P-42 & P-43 and incorporated into the site drainage plan. Site
drainage to alleys requires approval by the City Engineer. A site drainage plan is required to be
reviewed and approved by the Planning and Development Department, Building&Safety Services
Division prior to the commencement of work.
STREET DEDICATIONS AND ENCROACHMENT PERMITS
4. Dedicate a pedestrian easement along Weber Avenue for the curvilinear sidewalk for public street
purposes.
5. Dedicate a corner cut for public street purposes at the intersections Weber and Thomas Avenues
and Thorne and Thomas Avenues for standard handicap ramps.
6. Deed documents for the required dedications shall be prepared by the applicant's engineer and
submitted to the Public Works Department, Engineering Division, Special Districts/Projects and
Right-of-Way Section with verification of ownership prior to issuance of said building permits. The
cost of deed document processing and recordation fee must be paid at the time of deed submittal.
Deed documents must conform to the format specified by the city.. Document format specifications
may be obtained the Public Works Department, Engineering Division,Special Districts/Projects and
Right-of-Way Section (559/621-8694).
7. The construction of any overhead, surface or sub-surface structures and appurtenances in the
public rights-of-way is prohibited unless an encroachment permit is approved by the Public Works
Department, Engineering Division, Special Districts/Projects and Right-of-Way Section.
Encroachment permits must be approved prior to issuance of building permits.
Conditions of Approval
Conditional Use Permit No. C-04-125
Page 4
December 1, 2004
STREET IMPROVEMENTS
8. All improvements shall be constructed in accordance with the Standard Specifications and Standard
Drawings of the City of Fresno, Public Works Department or street constructions plans required and
approved by the City Engineer. The performance of any work within the public street rights-of-way
(including pedestrian and utility easements) requires a street work permit prior to commencement
of work. Contact the Public Works Department, Engineering Services Section at (559)621-8686
for detailed information. All required street improvements must be completed and accepted by the
city prior to occupancy.
9. Repair all damaged and/or off grade off-site concrete improvements as determined by the Public
Works Department, Construction Management Division, (559)621-5500.
10. Remove abandoned(existing driveway approaches not identified for utilization)or reduce excessive
width driveway approaches as noted on Exhibit A, dated May 18, 2004, and install sidewalk, curb
and gutter per Public Works Standard Drawing P-5 to match existing or proposed street
improvement line and grade.
11. Install permanent paving, paving transition, concrete curb, gutter, sidewalk and driveway
approaches to City Standard Specifications within all street frontages indicated on Exhibit A dated
May 18, 2004.
12. Install street lights, served underground, on all frontages to City Standards. Street lighting plans
must be approved by the Public Works Department Engineering Division prior to street light
installation.
13. Underground all existing off-site overhead utilities within the limits of the site/map as per Fresno
Municipal Code Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229.
SPECIFIC REQUIREMENTS
14. Sidewalk along Thomas Avenue shall be redesigned and constructed parallel to existing curb within
the limits of this project.
15. The existing pocket at the southeast corner of Weber and Thomas Avenues shall be constructed
with a solid sidewalk as depicted on Exhibit A, dated May 18, 2004.
16. West Thomas Avenue cannot accommodate 2 travel lanes plus parking; therefore, place "No
Stopping" signs (R26A(s)) along West Thomas Avenue within the limits of this project.
SURVEY MONUMENTS AND PARCEL CONFIGURATION
17. All survey monuments within the area of construction shall be preserved or reset by a person
licensed to practice Land Surveying in the state of California.
Conditions of Approval
Conditional Use Permit No. C-04-125
Page 5
December 1, 2004
PART D - PLANNING/ZONING REQUIREMENTS
PLANNING
1. Development is subject to the following plans and policies:
• Fresno High Roeding Community Plan
• Tower District Specific Plan
• Medium Density Residential Land Use
ZONING
2. Development is in accordance with proposed R-2 zoning.
POPULATION DENSITY (Residential Projects)
3. The proposed density is approximately 5.6 dwelling units per acre.
LOT AREA
4. Each lot shall have a minimum area of 4,200 square feet as allowed in clustered planned unit
developments (FMC 12-306-N-21.d).
BUILDING HEIGHT
5. The maximum allowable building height is 35 feet or 2 Y2 stories.
BUILDING SETBACK, OPEN SPACES AND LANDSCAPING
6. Lots 1 and 8 shall have a minimum main side yard building setback of 10 feet from the property line
adjacent any street.
7. Provide the following minimum landscaped areas:
a. 18 feet front yards(10 percent minor deviation of R-2 zone district development standard)
b. 10 feet along westerly boundary of tract adjacent to North Weber Avenue
C. Outlot A where purpose is open space and all landscaped areas described by Exhibit L.
No structures of any kind may be installed or maintained within the above landscaped areas. No
exposed utility boxes,transformers,meters,piping(excepting the backflow prevention device)etc.,
are allowed to be located in the landscape areas or setbacks or on the street frontages of the
buildings. All transformers, etc. shall be shown on the site plan. The backflow device shall be
screened by landscaping or such other means as may be approved.
8. Trees shall be maintained in good health. However,trees may not be trimmed or pruned to reduce
the natural height or overall crown of the tree, except as necessary for the health of the tree and
public safety; or as may otherwise be approved by the Development Department. (Put this note
on the site and landscape plans.)
FENCES, HEDGES, AND WALLS
9. Walls and gates shall be in compliance with Exhibit "A", dated May 18, 2004 and June 16, 2004.
Conditions of Approval
Conditional Use Permit No. C-04-125
Page 6
December 1, 2004
10. An 8-foot high solid masonry wall (or approved combination of solid wall and earth berm)along the
rear or side property lines of lots which back onto North Weber Avenue. This wall is required
pursuant to, and shall be constructed in accordance with, the acoustical analysis prepared by
Brown-Buntin Associates dated May 10, 2004 (revised August 9, 2004). Construction plans for
required walls showing architectural appearance and location of all walls shall be submitted to the
Planning and Development Department for review prior to Final Map approval.
11. Temporary fences to secure projects under construction are allowed. Any temporary fence shall
be adequately secured and constructed to prevent overturning due to wind, vandalism and/or
casual contact by the general public. The construction shall be performed in such a manner as to
minimize any potential safety hazard which may occur as a result of improper fence installation or
damage to the fence.
ACCESS
12. Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for
Vesting Tentative Tract Map No. T-5394 dated December 1, 2004.
COVENANTS AND AGREEMENTS
(Unless otherwise noted, all covenants or agreements will be prepared upon receipt of the fee indicated
below. Covenants must be approved by the City Attorney's Office prior to issuance of building permits.)
13. There is an existing hold-as-one covenant recorded for the three existing parcels. The covenant
must be released prior to the recordation of the final map.
OUTDOOR ADVERTISING
14. Signs, other than directional skins, if applicable, are not approved for installation as part of this
special permit. Submit for separate Sign Review. Contact Public Services for information at
559/621-8277. (Include this note on the site plan.)
PART E - CITY AND OTHER SERVICES
FIRE PROTECTION REQUIREMENTS
1. Streets highlighted on Exhibit A shall be identified as fire lanes as provided in the California Vehicle
Code, Section 22500.1. Designate highlighted curbs as fire lanes (red curb with "Fire Lane" in 3"
white letters every 50 feet or approved signs every 50 feet).
2. Provide sign(s) (17" by 22" minimum) at all public entrances drives to the property which state
"Warning- Vehicles stopped, parked or left standing in fire lanes will be immediately removed at
owner's expense- 22658 California Vehicle Code- Fresno Police Department 498-1414".
FLOOD CONTROL REQUIREMENTS
3. Comply with the attached Fresno Metropolitan Flood Control District memorandum dated June 10,
2004. (The FMFCD fees were updated and went into effect on November 8,2004. Contact Fresno
Metropolitan Flood Control District at 559/456-3292 for further information.)
Conditions of Approval
Conditional Use Permit No. C-04-125
Page 7
December 1, 2004
SCHOOL FEES
4. School fees must be paid prior to issuance of building permits. (Contact Fresno Unified School
District.) Provide proof of payment (or no fee required) prior to issuance of building permits.
STREET TREE REQUIREMENTS
5. Complywith Parks Division street tree requirements noted in the Conditions of Approval for Vesting
Tentative Tract No. 5394, dated December 1, 2004.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
6. Comply with attached San Joaquin Valley Air Pollution Control District letter dated June 4, 2004.
PART F - MISCELLANEOUS
Approval of this site plan is contingent upon the submittal of corrected site plans showing all
existing/proposed on-site conditions as reflected on all exhibits and the following:
1. If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately.
2. If there are suspected human remains,the Fresno County Coroner shall be immediately contacted.
If the remains or other archaeological material is possibly Native American in origin, the Native
American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the
California Archaeological Inventory/Southern San Joaquin Valley Information Center
(Phone: 805/644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An
archaeological assessment shall be conducted for the project, the site shall be formally recorded,
and recommendations made to the City as to any further site investigation or site
avoidance/preservation.
3. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to
obtain a referral list of recognized paleontologists. An assessment shall be conducted by a
paleontologist and, if the paleontologist determines the material to be significant, it shall be
preserved.
4. Label site plan with elevation selection (E-1, E-2, E-3, E-4, E-5, E-6, E-7 or E-8) for each lot.
5. Windows located on the southerly end of each house and look onto common access street for
houses on Lots 1 through 8, inclusive, and are shown on the revised elevations dated June 16,
2004 are required for security purposes.
All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in
writing to the Planning and Development Department Director within 15 days.
KAMaster Files-2004\'REZONE\R-04-072-T-5394-Thomas&Weber PUD-SAC\C-04-125-COA.wpd
San Joaquin Valley
Air Pollution Control District
June 4, 2004 368DEV2004
Shelby Chamberlain
Planning Division, Development Dept. planning Division
2600 Fresno St, Third Floor ®evelopment Department
Fresno, CA 93721-3604 CITY OF FIRFSNO
Subject: C-04-125 (APNs 450-260-05, 06, & 07)
Dear Ms. Chamberlain,
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced
above and offers the following comments:
The entire San Joaquin Valley is non-attainment for ozone and fine particulate matter (PM10). This
project would contribute to the overall decline in air quality due to increased traffic and ongoing operational
emissions. Although this project alone would not generate significant air emissions, the increase in
emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin
Valley. A concerted effort should be made to reduce project-related emissions as outlined below:
The following items are rules that have been adopted by the District to reduce emissions throughout the
San Joaquin Valley, and are required. Current District rules can be found at
http://www.valleyair.org/rules/1 ruleslist.htm.
1. District Rules 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and District Rule 4902
(Residential Water Heaters) limit the emissions of PM10 and NOx in residential developments. Rule
4901 may affect future construction plans for residential developments. 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 II 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.
2. District Regulation VIII (Fugitive PM10 Prohibitions)- Regulation Vill (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. A_Dust
Control Plan must be submitted for the District's approval at least 30 days before construction
activities begin if the project cumulatively encompasses 40 acres or more or will move more than
Ms, Chamberlain June 4, 2004
C-04-125 Page 2
2,500 cubic yards per day of material on at least three days of the project. A construction assistance
bulletin has been enclosed for the applicant.
Please be advised that the District is currently amending Regulation VIII and anticipates
implementing revised requirements on or about October 1, 2004. If construction were to
commence on or after October 1, 2004, the applicant should contact the District to determine
where requirements may have changed and how rule changes may affect the project.
3. District Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance
Operations). If asphalt paving will be used, then paving operations of this project will be subject to
Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and
emulsified asphalt for paving and maintenance operations.
Since the information provided did not include a description of existing land uses or, if applicable, any
structure currently located on the project site will be removed/demolished, the District is providing the
following comments:
District 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.
District Rule 4002 (National Emission Standards for Hazardous Air Pollutants) In the event that any
portion of an existing building will be renovated, partially demolished or removed, the project will be
subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures
on the project site may be required to identify the presence of any asbestos containing building
material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a
certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions
concerning asbestos related requirements, please contact Mr. Dwayne England of this office at (559)
230-5973, or contact CAL-OSHA at (559) 454-1295. An Asbestos Requirements Bulletin has been
enclosed for the applicant. — -
The District encourages innovation in measures to reduce air quality impacts. There are a number of
measures that could be incorporated into the design of this project to provide additional reductions of the
overall level of emissions. (Note: Some of the measures may already exist as City/County development
standards. Any measure selected should be implemented to the extent possible.) The measures listed
below should not be considered all-inclusive and remain options that the project proponent should
consider:
➢ Trees should be carefully selected and located to protect the building(s) from energy sapping
environmental conditions. A brochure has been included for the applicant. See
http://www.coolcommunities.org, http://www.energy.ca.gov/cooIcommunity/strategies.htm1,
http://www.lgc.org/bookstore/energy/downloads/sjv_tree_guidelines.pdf, http://www.urbantree.org
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,
appropriate easements should be reserved to provide for future improvements such as bus
turnouts, loading areas, route signs and shelters. Appropriations made to facilitate public or mass
transit will help mitigate trips generated by the project.
➢ Sidewalks and bikeways should be installed throughout as much of the project as possible and
should be connected to any nearby existing and planned open space areas, parks, schools,
residential areas, commercial areas, etc., to encourage walking and bicycling. Pedestrian and
bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and
bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths.
Sidewalks and bikeways should be designed to be accommodating and appropriately sized for
anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate,
Ms. Chamberlain June 4, 2004
C-04-125 Page 3
designed to facilitate pedestrian movement through the project, and create a safe environment for
all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Sidewalks
should be designed for high visibility (brightly painted, different color of concrete, etc.) when
crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible
pedestrian accesses create a safer environment for both pedestrians and vehicles. Pathways
through the project should be built or appropriated in anticipation of future growth.
As many energy conserving and well-designed features as possible should be included in the
design/construction of the project. Examples include (but are not limited to):
- Increased wall and ceiling insulation (beyond building code requirements)
- Energy efficient widows (double pane and/or coated)
- High-albedo (reflecting) roofing material
- "Cool Paving"
- Energy efficient lighting and high efficiency appliance
- Instantaneous water heaters
- Radiant heating system
- Awnings or other shading mechanism for windows
- Ceiling fans, whole house fans
- Orient the unit(s)to maximize passive solar cooling and heating when practicable
- Install electrical outlets around the exterior of the unit(s) to encourage use, of electric landscape
maintenance equipment
- Install natural gas fireplaces (instead of traditional open-hearth fireplaces)
- Install natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to
encourage the use of gas and/or electric barbecues
--- - Low or non-polluting incentives items should be provided with each residential unit (such items
could include electric lawn mowers, reel mowers, gas or electric barbecues, etc.)
- Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project
site, etc.
- More information can be found at: http://www.lgc.org, http://eetd.lbi.gov/coolroof/,
http://www.energy.ca.gov/coolcommunity/strategies.html, http://www.sustainable.doe.gov/, and
http://www.consumerenergycenter.org/index.html
The project should include as many clean alternative energy features as possible to promote energy self-
sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems,
small wind turbines, etc. There are rebate and incentive programs for alternative energy equipment.
More information can found at: http://www.dsireusa.org/, http://www.energy.ca.gov/renewables/, and
http://rredc.nrel.gov/
➢ Construction activity mitigation measures include:
Require construction equipment used at the site be equipped with catalysts/particulate traps to
reduce particulate and NOx emissions. These catalysts/traps require the use of ultra-low sulfur
diesel fuel (15 ppm). Currently, California. Air Resources Board (ARB) has verified a limited
number of these devices for installation in several diesel engine families to reduce particulate
emissions. At the time bids are made, have the contractors show that the construction equipment
used is equipped with particulate filters and/or catalysts or prove why it is infeasible.
Use alternative fuel construction equipment.
Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via
portable generator set).
- Install wind breaks on windward sides of construction areas.
- Curtail construction during periods of high ambient pollutant concentrations. This may include
ceasing construction activity during peak-hour vehicular traffic on adjacent roadways, and "Spare
the Air Days"declared by the District.
- Require that all diesel engines be shut off while on the premises (when not in use) to reduce
emissions from idling.
Ms. Chamberlain June 4, 2004
C-04-125 Page 4
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 me at 230-5820 and provide the reference number at the top of this letter.
Sincerely,
Hector R. G erra
Senior Air Quality Planner
Central Region
Enclosures
c: file
San.Joaquin Valley
Air Pollution Control District
COMPLIANCE ASSISTANCE BULLETIN
September 2002
(Update from June 2002)
Fugitive Dust Control at Construction Sites
Regulation Vill, Fugitive PM10 Prohibitions, of the District's Rules and Regulations
regulates activities that generate fugitive dust. .Fugitive dust is emitted to the air from open
ground or caused by activities such as excavation; transporting bulk materials, or travel on
unpaved surfaces. "PM10" is a term applied to small sized particulate matter- microscopic
dust particles - in the air. The San Joaquin.Valley currently exceeds the air quality
standards for particulate matter. It is for this reason that the District adopted Regulation VIII
in 1993. Significant amendments to.Regulation VIII were adopted in 2001 and became
effective May 15, 2002. The following dust control and administrative requirements are
applicable at construction sites:
Visible Dust Emissions (VDE). Visible dust emissions may not exceed 20% opacity
during periods when soil is being disturbed by equipment or wind at any time. Dust control
may be achieved by means of applying water before and during earth work and on traffic
areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. VDE
opacity of 20% means the amount of dust that would obstruct the view of an.object by 20%.
Soil stabilization. Soil stabilization is required at any construction site 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 is an effective method for stabilizing a
disturbed surface area. Long-term methods include applying dust suppressants or
establishing vegetative cover. Restricting vehicle access from the area will help to maintain
a stabilized surface. Information regarding stabilization standards and test methods are in
Rule 8011 — General Requirements.
Carryout and Trackout. These requirements are found in Rule 8041 —Carryout and
Trackout. Carryout and trackout are materials adhered to vehicle tires and transport
vehicles carried from a construction site and deposited onto a paved public road. Should
carryout and trackout occur, it 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 recommended clean-
up methods include manually sweeping, sufficiently wetting the area prior to mechanical
sweeping to limit VDE or using a PM10-efficient street sweeper. A blower device, or dry
sweeping with any mechanical device other than a PM10-efficient street sweeper is
prohibited.
Northern ri(ui.• C olaral Rcgiun Office Southern Region Office
4'30 Ki man Avenue, SwIr I S(1 1990 Cnsl (dlvchurt;Avr•nur.- ecl, Suite:'
Ivoth-slo, CA 9'r 1'r(i-0121 Fresno, (i\ y1?_'G 0"!-1•I B'dwrdwill (-A �tzni-� t7n
r uvfr rr.7 e. lnn ., rAV ::: ! r--
.. .. .
Access and Haul Roads. Dust control is required on all unpaved access and haul roads,
and unpaved vehicle and equipment traffic areas at construction sites, per Rule 8021 —
Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
Storage Piles and Bulk Materials. The handling, storage, and transportation requirements
for bulk materials are found in Rule 8031 —Bulk Materials. These requirements include:
applying water as materials are handled, stabilizing or covering stored materials, and
installing wind barriers to limit VDE. Limiting vehicle speed, loading haul trucks with a
freeboard six inches or greater, covering haul trucks, or applying water to the top of the load
are options for reducing VDE from vehicle transportation of bulk materials.
Demolition.. Wetting of the exterior of a building to be demolished is required. Demolition
debris and the area around the demolition must also be controlled to limit VDE. Cleaning
up carryout and trackout must be completed according to Rule 8041. Demolition activities
are also subject to the District's asbestos rule, Rule 4002—National Emission Standards for
Hazardous Air Pollutants.
Dust Control Plans..,For large construction projects, Rule 8021 requires the owner or
contractor to submit a Dust Control Plan to the District for approval at least 30 days prior to
commencing construction activities. This requirement applies to projects that include 40 or
more acres of disturbed surface area or will involve moving more than 2,500 cubic yards per
day of material on at least three days during the project.
Record keeping. All sites subject to the regulation that employ dust control measures must
keep records for each day any dust controls are used. The District has developed record
keeping forms for water application,.street sweeping, and for"permanent"controls such as
applying long term dust palliatives, vegetation, ground cgver materials, paving, or other
durable materials. Pursuant to Rule 8011, records must be kept for one year after the.end
of dust generating activities.
Exemptions. Activities in areas above 3,000 feet elevation are exempt from all Regulation
Vlll requirements. The following exemptions in Rule 8021 apply to construction activities:
Blasting activities
Maintenance and remodeling of existing buildings if the addition is less than 50% of
the size of the existing building or 10,000 square feet. These activities, however, are
subject to the District's asbestos rule, Rule 4002.
Additions to single family dwellings
® Mowing, disking or other weed control on sites less than '/z acre.
Nuisance. Whether or not the construction activity is exempt from the Regulation VIII
requirements, any activity that creates fugitive dust must not cause a nuisance, per Rule
4102- Nuisance. Therefore, it is important to monitor the dust generating activities and, if
necessary, plan for and implement the appropriate dust control measures to limit the
public's exposure to fugitive dust.
This is a basic summary of Regulation VIII as it applies to the construction industry. For
more information contact the Compliance Division of the District office nearest to you.
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San Joaquin valley
Air Pollution
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1990 E. Gettysburg Ave.
Fresno, CA 93726-0244
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File No. 210.413
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro, Planning' Manager DAVID McMURRAY
Planning & Development Department P.O. BOX 3809
City of Fresno PINEDALE, CA 93650
2600 Fresno Street -
Fresno, CA 93721
PROJECT NO. 2004-125 PRELIMINARY FEE(S) (See below)
DRAINAG AREA RR It - " DRAINAGE AREA " RR 11 $3,280.00
DATE (01c-4 DRAINAGE AREA
APN 450-260-05,06,07 TOTAL FEE $3,280.00
ADDRESS 235 W. THOMAS
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 0
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
issuance of a building permit at the rates in effect at the time of such issuance. The fee
indicated above is value thfeugh Feb 4 84 based on the site plan submitted to 0
the District on 05/28/04 Contact FMFCD for a revised fee in cases where changes are
made in the proposed site plan which materially alter the proposed impervious area.
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required.to be constructed
in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is credited
ag'ainst the drainage fee obligation.
=ow.c; -9469 E. OLIVE - FRESNO.CA 93'127 - (559)456-3292 - FAX(3-59)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainaue 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.4-42
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 Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities
to be constructed by Developer".
X None required.
;. The following final improvement plans shall be submitted to the District for review prior to final
development approval:
X Grading Plan Storm Drain Plan Final Map
Street Plan Water & Sewer Plan Other
4. Availability of drainage facilities:
X a. Permanent drainage service is available provided the developer can verify to the
satisfaction of the City of Fresno that runoff can be safely conveyed to the
Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will provide
permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No. 2.
5. The proposed development:
X Appears to be located within a X 500 year 100 year flood prone
area as designated on the latest Flood Insurance Rate Maps available to the District,
necessitating appropriate floodplain management action. See attached Floodplain Policy.
Does not appear to be located within a flood prone area.
2004-1_5. 5469 E.OLIVE - FRESNO,CA 93737 - (559)456-3292 - FAX (559)456-3194 Two sided document
■
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges
Associated with Construction and Industrial Activities (State General Permits) require developers
of construction projects disturbing five or more acres, and discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)
permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other thanno
storm water to the municipal storm drain system, and meet water quality standards. These
requirements apply both to pollutants generated during construction, and to those which may be
generated by operations at the development after construction.
a.
State General Permit for Storm Water Discharges Associated with Construction Activities,
approved August 1999, (modified December 2002.) A State General Construction Permit
is required for all clearing, grading, and disturbances to the ground that result in soil
disturbance of at least one acre (or less than one acre if part of a larger common plan of
development or sale). Permittees are required to: submit a Notice of Intent to be covered
and must pay a permit fee to the State Water Resources Control Board (State Board),
develop and implement a storm water pollution prevention plan, eliminate non-storm
water discharges, conduct routine site inspections, train employees in permit compliance,
0
and complete an annual certification of compliance. ■
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification (SIC) code. The following categories of industries are
generally required to secure an industrial pemlit: manufacturing; trucking; recycling; and
waste and hazardous waste management. Specific exemptions exist for manufacturing
activities which occur entirely indoors. Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control
Board, develop and implement a storm water pollution prevention plan, eliminate non-
storm water discharges, conduct routine site inspections, train employees in permit
compliance, sample storm water runoff and test it for pollutant indicators, and annually
submit a report to the State Board.
X469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292 - FAX (559)456-3194 rwo sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office) to meet
the requirements of the State General Permits, eliminate the potential for non-storm
water to enter the municipal storm drain system, and where possible minimize contact
with materials which may contaminate storm water runoff.
7. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendations and requirements.
Gerald E. Lakerrian, Project Engineer: c s
District Engineer, Assistant General Manager
C: VIGEN ASSOICATES
1127 E. OLIVE
FRESNO, CA 93728
2004.125 5469 E.OLIVE - FRESNO,CA 9371-7 - (559)456-3292 - FAX(559)456-3194 Two sided document
OTHER REQUIREMENTS
EXHIBIT NO. 2
The drainage system cost and fee schedule update is currently underway. The drainage system
cost and fee obligation indicated in this notice is the obligation which is valid at the date of this
notice. Contact the District for a final drainage fee obligation prior to issuance of a building
permit or recording of the final map.
The drainage fee identified on this notice reflects a reduction credit of fifty-five percent (55%) of
the drainage fee amount otherwise payable by the proposed development of CUP 2004-125.
This credit is applied to development entitlements within Drainage Areas "RR" and "II, which
are obligated under ordinance to pay a "full cost" drainage fee, but which are also subject to an
increased Benefit Assessment on their annual property tax bill for completion of the Drainage
Area "RR" and "IIl" systems. As this increased levy will fund a portion of a project which will
complete the storm drain facilities in Drainage Areas "RR" and "IIl", the "full cost" drainage fee
rates for these drainage areas can be, and are by this fifty-five percent (55%) reduction,
proportionately reduced.
The southeasterly comer of CUP 2004-125 shall drain to North Thome Avenue. The remaining
portion of CUP 2004-125 shall drain to West Thomas Avenue and/or North Weber Avenue.
Development No. CUP 2004-125
engr\perm its\exh i bits2\city-cup\2004\2004-125(d)
FLOOD PLAIN POLICY
Primary Flood Plains
Because of the relatively high velocities and volumes of flood flow associated with primary flood
plains, and because the primary flood plain is responsible for passing the greatest percentage of the
flood event,development located in such flood plains is subject to substantial risk,both to itself and
to others as a result of the potential for blockage and diversion of flood waters. In view of these
factors, the following policy statement is proposed:
Policy 1) All proposed development activity shall be the subject of a detailed
hydrological flood hazard investigation to determine the relationship of the
proposed development to the secondary flood plain and the primary flood
plain; and, further,.to identify the estimated high water elevation of the 100-
year flood event.
2) All development and/or permanent improvement activity which, if located
within the primary floodway, may unduly impede, retard, or change the
direction of flow of water either,by itself, or by the catching or collecting of
other debris or is placed where the flow of water would carry such
obstruction downstream to the damage or detriment of either life or property,
should not be permitted.
Secondary Flood Plains
Because development within secondary flood plains is subject to inundation,but without the threat of
increased velocities of flood waters, and because the excessive development of the secondary flood
plain can result in increased water surface elevations through displacement of flood waters, the
following policy statement is suggested:
Policy 1) Development in secondary flood plains is generally acceptable when a
detailed hydrological flood hazard investigation report had been prepared
indicating that the area proposed for development is located within a
secondary as opposed to a primary flood plain.
2) The development must be properly flood proofed below the estimated high
water elevation of the 100-year flood event.
3) The development is accomplished is such a way as to prohibit the
displacement of any and all flood waters from that portion of the flood plain
to be developed.
engr\cnerform\floodplain policy-form
THE DEPARTMENT OF PUBLIC WORKS
TO: Shelby Champlain, Planner III
Planning Department
FROM: NANCY MORRISON,PROGRAM MANAGER, (559.621.8690)
DATE: September 23, 2004
Subject: Vesting Tentative Subdivision Map T-5394, C.043.125.-
THE
.043.125:THE DEPARTMENT OF PUBLIC WORKS has reviewed the Tentative Subdivision Map proposed by
Vigen Associates., on engineering drawings plans prepared by Harbison International, Inc., THE
DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the street trees...
I. STREET TREE REQUIREMENTS
A. Fresno Municipal Code requires one tree per 60 lineal foot of street frontage on North Weber,
West Thomas and North Thorne Avenues. Street trees shall be planted within the public right-of-
way on West Thomas and North Thorne Avenues in the parkstrip. The street trees shall be planted
behind the sidewalk, (within 10'of the back of sidewalk), on North Weber and behind the sidewalk
on West Thomas at the sidewalk transition West to North Weber Avenue.
The designated street tree species are as follows:
STREET NAME STREET TREE SPECIES
North Weber Pistacia chinensis, (Chinese Pistache)
West Thomas Nyssa sylvatica, (Tupelo)
North Thome Pistacia chinensis, (Chinese Pistache)
B. Because internal streets in this subdivision are private, there will be no street tree requirements,
intemally.
C. The property owner is required to provide automatic irrigation system to each street tree
before occupancy. The irrigation system shall comply with FMC 12-306-N-23.
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
December 1, 2004
VESTING TENTATIVE TRACT MAP NO. 5394
Southeast corner of North Weber and West Thomas Avenues
All tentative subdivision maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno
Municipal Code, City policies, and Standard Specifications. The following specific conditions are applicable
to this subdivision map.
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. Preparation of the final map in accordance with Vesting Tentative Tract Map No. 5394 dated August
24, 2004.
2. Submit grading plans and soils report to the City of Fresno, Development Department, for verification
prior to final map approval. Ref. Sections 12-1022 and 12-1023, Fresno Municipal Code. Approval
of grading plan is required prior to final map approval. Grading plan shall indicate the location of any
required walls and indicate the proposed width of required landscape easements or strips.
3. At the time of Final Map submittal,the subdivider shall submit engineered construction plans to the City
of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading,
public sanitary sewer system, public water system, street lighting system, public streets, and storm
drainage,including othertechnical reports and engineered plans as necessaryto constructthe 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.
4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City
of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of
development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument
at the time of Final Map approval. The relocation of existing utilities necessitated by the required public
improvements shall be paid for by the subdivider. The subdivider is responsible to contact the
appropriate utility company for information.
Conditions of Approval
Vesting Tentative Tract Map No. 5394
Page 2
December 1, 2004
5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code,
Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187," City Policy with
Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 Edition, and any
amendments thereto.
6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street
improvements and other grading and construction; street trees, street signs, water service, sewering,
and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos.
79-606 and No. 80-420)and any amendments, modifications, or additions thereto; and in accordance
with the requirements of State law as related to vesting tentative maps.
7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site
street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the
State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the
approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements
have not been completed and accepted in accordance with the standards of the City, the subdivider
may elect to enter into an agreement with the City to thereafter guarantee the completion of the
improvements.
8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee
listing all parties having any right, title or interest and the nature of their interest per State law.
9. Relinquish access rights to North Weber Avenue from all residential lots which abut this street. Ref.
Section 12-1011-f-3 of the Fresno Municipal Code.
10. Final Tract Map No. 5394 must be recorded prior to development of the property any hold-as-one
covenants for the subject properties (APN 450-260-05, 06 and 07) released prior to development of
the property.
LANDSCAPING AND WALLS
11. Provide a 10-foot landscaped easement (and irrigation system) along the side or rear property lines
of lots which side-onto or back-onto North Weber Avenue. (Ref. FMC Section 12-10114-3).
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.
12. Maintenance of the required landscape easement along North WeberAvenue may be the responsibility
of the City's Community Facilities District No. 2. Contact the Public Works Department, Engineering
Services Division staff for information regarding the City's District.
13. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District
No. 2, he/she shall be required to provide the City of Fresno, Department of Public Works, with a
petition consisting of the following items:
a. A letter(petition)from the landowner or the owner's representative requesting the Final
Conditions of Approval
Vesting Tentative Tract Map No. 5394
Page 3
December 1, 2004
Tract be placed into the District. The name, address, phone number and fax number
of the developer/landowner must be included in this letter. See attached letter form.
b. A District Tentative Plan for the entire tentative map, signed by the
landowner/developer, showing landscaping locations and total areas by type to be
added to the District. The plan will also show locations, areas by type and quantities
of any other features to be added to the District.
C. Complete plans for the current final tract map showing all features to be added to the
District.
14. Should the City Council not approve the annexation of such landscape areas into Community Facilities
District,then the property owner/developer shall create a homeowner's association for the maintenance
of the landscape areas. The proposed Declaration of Covenants, Conditions, and Restrictions
(CC&R's) and the proposed instruments for the homeowner's association shall be submitted to the
Planning and Development Department for review two (2) weeks prior to final map approval. Said
documents shall be recorded with the final map or alternatively submit recorded documents or
documents for recording prior to final acceptance of subdivision improvements. Said documents shall
include assignment of responsibility to the owner's association for landscaping and other provisions
as stated in the Development Department Guidelines for preparation of CC&R's dated January 11,
1985. -- ---
15. Improvement plans for all required landscaping and irrigation systems shall be submitted to the
Planning and Development Department for review prior to Final Map approval.
16. Clustered planned unit developments require 25% of the project area to be open space. The project
site is approximately 69,700 square feet which would require there to bel 7,425 square feet of open
space. Exhibit A shows 21,066.5 square feet of usable open space which exceeds the requirement.
17. Construct an 8-foot high solid masonry wall (or approved combination of solid wall and earth berm)
along the rear property lines of lots which back onto North Weber Avenue. This wall is required
pursuant to, and shall be constructed in accordance with, the acoustical analysis prepared by Brown-
Buntin Associates dated May 10, 2004(revised August 9, 2004). Construction plans for required walls
showing architectural appearance and location of all walls shall be submitted to the Planning and
Development Department for review prior to Final Map approval.
BUILDING SETBACKS
18. Building setbacks shall be in accordance with the R-2 zone district(except as modified by the approval
of Conditional Use Permit Application No. C-04-125, the provisions of Fresno Municipal Code Section
12-207.5-E-1-c and as shown on Vesting Tentative Tract No. 5394 dated August 24, 2004.
INFORMATION
19. Vesting Tentative Tract Map No. 5394 is subject to Council approval of related Rezone Application No.
R-04-72. Rezoning of the site shall become effective for any portion of the tentative map of Vesting
Tentative Tract No. 5394 for which a final map is recorded. If multiple final maps are recorded, the
requested rezoning will become effective only for each phase of the tentative map upon recording of
each final map.
20. Conditional Use Permit Application No. C-04-125, filed to allow reduced lot area, reduced lot widths
Conditions of Approval
Vesting Tentative Tract Map No. 5394
Page 4
December 1, 2004
and establish a clustered planned unit development with private streets, shall be approved prior to final
map approval.
21. 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.
22. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be
installed in this subdivision.
23. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to
file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions
relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract
shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article
10; Subdivision of Real Property.
24. The developer/owner shall obtain any and all permits required for the removal or demolition of any
existing building or structure located within the subdivision boundaries. The developer/owner shall also
obtain any and all permits required for the proper abandonment/closure of any existing water well,
septic tank/leach field or cesspool,and irrigation pipeline on the subject property. All such permits shall
be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
25. 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.
26. 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:
Conditions of Approval
Vesting Tentative Tract Map No. 5394
Page 5
December 1, 2004
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.
27. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control
District for the control of particulate matter and fugitive dust during construction of this project.
28. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of
collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager.
PARK SERVICE
29. The developer/owner shall comply with the requirements in the attached memorandum from the Parks
Division dated September 23, 2004, for Vesting Tentative Tract No. 5394.
FIRE SERVICE
30. Fire service will be provided by City of Fresno Fire Station No. 9. Existing hydrants are adequate and
none are required to be installed.
31. Access is acceptable as shown. The interior drive of the proposed tract is a designated fire lane (see
highlighted curbs on Exhibit"A"for Vesting Tentative Tract No. 5394). Fire lanes shall be marked with
a red curb with "Fire Lane" in 3" white letters every 50 feet or approved signs every 50 feet.
32. Provide sign(s) (17" by 22" minimum) at all public entrances drives to the property which state
"Warning- Vehicles stopped, parked or left standing in fire lanes will be immediately removed at
owner's expense- 22658 California Vehicle Code- Fresno Police Department 498-1414".
STREETS AND RIGHTS-OF-WAY
33. 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.
34. The subdivider shall make provisions for disabled persons in accordance with the Department of Public
Works standards and as required by State law. Handicap access ramps are required to be constructed
in sidewalks at all corners within the limits of the tract. Where street furniture is located within the
Conditions of Approval
Vesting Tentative Tract Map No. 5394
Page 6
December 1, 2004
sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be
maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian
easement to accommodate for the 4-foot minimum unobstructed path requirement.
35. All of the required street improvements shall be constructed and/or installed in accordance with the City
of Fresno Standard Specifications (2002 Edition).
36. The subdivider shall install all existing and proposed utility systems underground in accordance with
Fresno Municipal Code Section 12-1011(H).
37. The subdivider shall construct an underground street lighting system per Public Works Standards E-1
and E-2 within the limits of the tract. Spacing and'design shall conform to Public Works Standards for
local streets. Height, type, spacing, etc., of standards and luminaires shall be in accordance with
Resolutions Nos. 68-187, 78-522, 81-219 and 88-229 or any modification thereto approved by the City
Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and
acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit
engineered construction plans to the Public Works Department for approval.
38. All dead-end streets created by 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.
39. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for
the control of fugitive dust requirements from paved and unpaved roads.
40. Handicap access ramps are required at all corners within the limits of this tract. Identify corner cut
dedications on all interior streets.
41. 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.
Frontage Improvement Requirements:
Major Streets:
North Weber Avenue: Collector
42. Construct concrete curb,gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall
be constructed to a 10-foot residential pattern or provide a pedestrian easement and construct sidewalk
to Public Works Standard P-7. Submit plans to Public Works for review and approval.
43. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this
development.
44. Construct an underground street lighting system to Public Works Standard E-1, within the limits of this
development. Spacing and design shall conform to Public Works Standard E-8 for collector streets.
45. Relinquish direct vehicular access rights to North Weber Avenue from all lots within this development.
Conditions of Approval
Vesting Tentative Tract Map.No. 5394
Page 7
December 1, 2004
Local Streets:
West Thomas Avenue
46. Dedicate a pedestrian easement at the intersection of West Thomas and North Thorne-Avenues for
a handicap access ramp to meet Public Work standards.
47. Design and construct all curb, gutter, sidewalk (south side), permanent paving, cul-de-sacs and
underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk
patterns shall comply with Public Works API Standards for fifty(50)foot and fifty-four(54)foot streets.
Specific Mitigation Requirements:
48. This tract will generate 5 a.m. /6 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not
required.
SANITARY SEWER SERVICE
The nearest existing sewer main is a 10-inch sewer main in West Thomas Avenue. The following conditions
are required to provide sanitary sewer service to the tract.
49. Separate sewer house branch shall be provided to each lot created within the subdivision.
50. Provide sanitary sewer service to 605 North Thorne Avenue (APN 450-260-08).
WATER SERVICE
The nearest water mains to serve the project are an 8-inch water main located in West Thomas Avenue and
a 6-inch water main in North Thorne Avenue. The following conditions are required to provide water service
to the tract. Water mains shall be installed before street improvements and paving.
51. Separate water services with meter boxes shall be provided to each lot created.
52. 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.
53. All public water facilities shall be constructed in accordance with City of Fresno standards,
specifications, and policies.
PUBLIC UTILITIES DEPARTMENT, SOLID WASTE DIVISION
54. Tract 5394 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.
55. The owners, lessees or other tenants of the residential dwellings must, on service days before 6:00
Conditions of Approval
Vesting Tentative Tract Map No. 5394
Page 8
December 1, 2004
a.m., place their solid waste containers at the edge of the curb approximately four (4) feet apart and
not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management
Division Standards.
56. Gates located in the side yards of each lot shall be wide enough to move the solid waste containers
through.
RIGHT-OF-WAY ACQUISITION
57. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of
the required improvements.
Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole
relocation,and shoulder grading. In general, this will require right-of-wayto be provided approximately
10 feet outside the travel lane. The exact requirement must be determined at the project design stage
based on the existing conditions and detailed design information.
In the event an acquisition of any easement or right-of-way is necessitated by the subject development,
said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact
the Real Estate Section of the Public Works Department to receive procedural guidance in such
acquisitions.
Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the
subdivider must request and grant to the City the full authority to attempt acquisition either through
negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public
Works Department, Engineering Division/Real Estate Section, an appraisal report or a request for an
estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to
preparation of a Subdivision Agreement.
The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of
all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court
costs, and all related expenditures and costs necessary to effect the acquisition of such easements
or rights-of-way.
FLOOD CONTROL AND DRAINAGE
58. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno
Municipal Code Chapter 13, Article 13.
59. The subdivider shall be required to comply with the specific requirements imposed by the Fresno
Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications
to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section
13-1307 of the Fresno Municipal Code.
60. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be
fenced in accordance with City standards within seven (7) days from the time the basin becomes
operational or as directed by the City Engineer. Temporary ponding basins will be created through a
covenant between the City and the Developer prior to final map approval. Maintenance of the
temporary ponding basin shall be by the Developer until permanent service for the entire subdivision
is provided.
Conditions of Approval
Vesting Tentative Tract Map No. 5394
Page 9
December 1, 2004
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
61. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air
Pollution Control District referenced by Conditional Use Permit Application No C04-125 conditions of
approval
DEVELOPMENT FEES AND CHARGES
62. This project is subject to the following development fees and charges:
PARKS DEPARTMENT FEE / RATE
a. Street Tree Landscape Plan Review fee $56.00
b. Street Tree Installation fee $129.00/tree
City installed tree
c. Street Tree Inspection fee $30.00/tree
Developer installed tree
d. Maintenance District Plan Review fee $176.00
e. Maintenance District Inspection fee $305.00
f. Reinspection Fee $29/Hour
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE / RATE
g. Metropolitan Flood Control District Fee Contact FMFCD for new
fees. Rates increased as of
November 8, 2004
SEWER CONNECTION CHARGES FEE RATE
h. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth)
i. Oversize Charge $0.05/sq. ft. (to 100' depth)
j. Trunk Sewer Charge* n/a
Service Area:
k. Wastewater Facilities Charge" $2,119/living unit
I. Copper Avenue Sewer Lift Station Charge n/a
m. Fowler Trunk Sewer Interim Fee Surety n/a
n. House Branch Sewer Charge n/a
o. Millbrook Overlay Sewer n/a
Conditions of Approval
Vesting Tentative Tract Map No. 5394
Page 10
December 1, 2004
WATER CONNECTION CHARGES FEE RATE
p. Service Connection Charge Fee based on service(s) and meter(s) sizes
specified by owner; fee for service(s) and
Meter(s) established by the Master Fee.
Schedule.
q. Frontage Charge $6.50/lineal foot
r. Transmission Grid Main Charge $804/net acre
s. Transmission Grid Main Bond Debt
Service Charge $304/net acre
t. UGM Water Supply Fee n/a
Service Area:
u. Well Head Treatment Fee n/a
Service Area:
v. Recharge Fee n/a
Service Area:
w. 1994 Bond Debt Service n/a
Service Area:
DEVELOPMENT IMPACT FEE
x. Northeast Fresno Policing Area n/a
y. Traffic Signal Charge $478/dwelling unit
URBAN GROWTH MANAGEMENT FEE RATE/CHARGE*
z. UGM Fire Station Capital Fee n/a
Service Area:
aa. UGM Park Fee n/a
Service Area:
bb. Major Street Charge n/a
Service Area:
cc. Major Street Bridge Charge n/a
Service Area:
dd. Traffic Signal Charge n/a
ee. UGM Grade Separation Fee n/a
Conditions of Approval
Vesting Tentative Tract Map No. 5394
Page 11
December 1, 2004
ff. Trunk Sewer Charge n/a
Service Area:
gg. *Street Acquisition/Construction Charge n/a
KAMaster Files-2004\'REZONE\R-04-072-T-5394-Thomas&Weber PUD-SAC\TTM-5394-COA.wpd
cbFM CAU TRANS PLANH I NG
NO.602 P. 1/1
city or
DEVELOPMENT DEPARTMENT
DATE AUGUST 24, 2004 ryti'1 Ill .
MAPSCM
a � EIVfD `
TO: (1) RANDI EISNER, Fire Department VA
(1) CAPTAIN SHAFFER, Police Department
(1) NICK YOVINO, Director
(1) GIL HARD �Q 40bi
(1) OWER DISTRICT COMMITTEE (Mike Sanchez)
(1) ALAN KAWAKAMI
(1) RICK SOMMERVI LLE
(1) JON BARTEL
(1) JOHN SLATER
(1) PAUL,BERNAL (Addressing)
(1) JERRY BISHOP
(1) KARANA HATTEIRSLEY-DRAYTON
(1) JOE SIMONE
Planning &Development Department p O
(1) MIKE KIRN, Director
(1) ERIC FROBERG
(1) JIM PALSGROVE/JOE PAFF O �-
(1) GARY WITZEL - Cb
(1) JOSE BENAVIDES/LOUISE MONROE
Public Works Department
(1) NEIL MONTGOMERY
(1) DOUG HECKER
(1) DONNA LESLIE
Deparunent of Public Utilities
(1) JOHN DOWNS - Transit Planting Manager-FAX
(1) DANNY YRIGOLLEN, FYI -Transportation
(1) MICHAEL MCHATTEN, Parks.Division
(1) HILARY KIMBER/PETE ROCCO, Parks Division
(3) STAN EDIGER-FRESNO CO DEPT. PUBLIC WORKS & PLANNING/Stop #214
(1) FRESNO COUNTY ASSESSORS OFFICE/Stop #3
r-;;>(I) CALTRANS, District 6, Marc Birnbaurn, Atta: Steve Curti
(2) JERRY LAKEMAN, Fresno Metropolitan Flood Control Dist,
(3) PACIFIC GAS AND ELECTRIC COMPANY, (Fresno Div. Land)
(3) S.B.C. CALIFORNIA (Don Daily -Public Work Coordinator)
(1) FRESNO IRRIGATION DISTRICT
(1) FRESNO UNIFIED SCHOOL DISTRICT
(1) U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT, Fresno
(1) AT&T BROADBANDICABLE (Construction Management)
(1) DAN WOOD, Manager, U.S. Postal Service/ANIS `�� _(c, ll v D
(1) AMERICAN TELEPHONE AND TELEGRAPH COMPANY
FROM: SHELBY CHAMBERLAIN, Planner III NjG Z
Planning Division nivis;on
Flat•�s:�n9 y,.-,attmQnt
SUBJECT: VESTING TENTATIVE MAP OF TRACT NO. 5394
REZONING APPLICATION NO. R-04-72
Location: Southeast comer of North Weber and West Thomas Avenue
CITY OF FRESNO - ENVIRONMENTAL ASSESSMENT J INITIAL STUDY
FINDING OF CONFORMITY/MSIR NO. 10130
Pursuant to Section 21157.1. of the California Public Resources Code RED' TE"t[E:I/YD FOR FILING:
(California Environmental Quality Act) the project described below is
determined to be within the scope of the Master Environmental Impact 9 0It nC i �� 8; 38
Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan.
TY CLERK, FRES:N,0
Initial study is on file in the Planning and Development Department,
City Hall, 2600 Fresno Street, Fresno, California 93721
(559)621-8277
Applicant: Initial Study Prepared By:
David McMurry Shelby Chamberlain, Planner III
PO Box 3809 October 14, 2004
Pinedale, California 93650
Environmental Assessment Number: Project Location (including APN):
Rezone Application No. R-04-72 The southeast corner of West Thomas and North
Vesting Tentative Tract Map No. 5394 Weber Avenues
Conditional Use Permit Application No. C-04-125 APN: 450-260-05,06,07
Project Description:
The applicant, David McMurry, has filed applications pertaining to approximately 2 acres of property located at
the southeast corner of West Thomas and North Weber Avenues. Rezone Application No. R-04-72 proposes
to rezone the subject site from the R-1/UGM(Single Family ResidentiaUUrban Growth Management)zone district
to the R-2/UGM(Low Density Multiple Family ResidentiaUUrban Growth Management)zone district for the entire
project site. Vesting Tentative Tract Map No.T-5394 proposes to subdivide the property into a 9-lot single family
residential subdivision. Conditional Use Permit Application No. C-04-125 proposes to allow the subdivision to
be developed as a planned unit development with private streets. The subject site is currently vacant and is
surrounded by urban single family and commercial development.
Conformance to Master Environmental Impact Report (MEIR No. 10130):
The recently adopted 2025 Fresno General Plan designates the subject parcel for medium density residential
planned land use. The proposed R-2/UGM, Low Density Multiple Family ResidentiaUUrban Growth Management,
zone district conforms to this medium density residential land use designation when developed consistent with
the density requirements of the medium density residential land use designation(4.99 to 10.37 dwelling units per
acre). A development plan, the tentative tract map and conditional use permit applications in this case, will
ensure the site is developed in accordance with the density requirements.
The Planning and Development Department staff has prepared an initial study and environmental checklist and
evaluated the proposed tract map and conditional use permit 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 subject property is proposed to be developed with single family residential
uses at an intensity and scale that is permitted by the planned land use and proposed zoning designations for
the site. Thus, the proposed subdivision will not facilitate an additional intensification of uses beyond that which
already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected
that the existing and future development will adversely impact existing city service systems or the traffic
circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public
Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures
of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant
adverse cumulative impacts,growth inducing impacts,and irreversible significant effects beyond those identified
by MEIR No. 10130 as provided by CEQA Section 15178(a).
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
Finding of Conformity Under MEIR No. 10130
Environmental Assessment No. R-04-72/T-5394/C-04-125
Page 2
October 14, 2004
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 land use designation specified for
the subject parcel. Based on this initial study, the project does not change the land use indicated for the subject
parcel and will not generate additional significant effects not previously identified by the MEIR and no new
additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as
defined by Section 15177 of the CEQA Guidelines.
Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of
the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to
the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided
regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the
California Public Resources Code (CEQA provisions).
Darrell Unruh Oate
Planning Manager, City of Fresno
KAMaster Files-2004\'REZONE\R-04-072-T-5394-Thomas&Weber PUD-SAC\R-04-072-T-5394-MEIR Finding of Conformitympd
Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-04-72/T-5394/
C-04-125
Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. R-04-72/
T-5394/C-04-125
ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST
POTENTIAL ENVIRONMENTAL EFFECTS
EA No. R-04-72/T-5394IC-04-125
1_0 TOPOGRAPHIC,SOIL,GEOLOGIC 11.0 URBAN SERVICES
CONSIDERATIONS 1 11.1 Availability of fire protection
1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access
1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention
1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities
1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size
1 11.6 Availability of sewer lines of adequate capacity
2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities (on or off
1 2.1 Substantial indirect source of pollution site)
1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas
1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation
1 2.4 Generation of dust except during construction
1 2.5 Adverse local climatic changes 12.0 HAZARDS
1 12.1 Risk of explosion or release of hazardous substances
3_0 WATER 1 12.2 Site subject to flooding
1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters
use 1 12.4 Potential hazards from aircraft accidents
1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites
1 3.3 Wasteful use of ground water
1 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS
1 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view
1 13.2 Creation of aesthetically offensive conditions
4_0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation
1 4.1 Reduction of the numbers of any unique, rare or 1 13.4 Architectural incompatibility with surrounding area
endangered species
1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL/ARCHAEOLOGICAL
1 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building,disruption of
agricultural land archaeological site
1 14.2 Construction or activity incompatible with adjacent
5.0 ANIMAL LIFE historic site
1 5.1 Reduction in the numbers of any rare, unique or
endangered species 15.0 ENERGY
1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel
1 15.2 Substantial increase in demand upon existing sources
1 6_0 HUMAN HEALTH of energy
1 15.3 Wasteful use of energy
7_0 NOISE
1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS
1 7.2 Exposure to high noise levels
"0" Insufficient Information
8.0 LIGHT AND GLARE Insufficient information is available to determine the potential
1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed
areas project in this category.
1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect
The proposed project will not have an adverse environmental
9_0 LAND USE effect in this category, or any such effect is not substantially
1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also
1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the
1 9.3 Induces unplanned growth particular project under consideration.
1 9.4 Adverse change in existing or planned area "2" Moderate Environmental Effect
characteristics The proposed project will have an adverse environmental
effect in this category,which is of sufficient magnitude to be of
10.0 TRANSPORTATION AND CIRCULATION specific concern. However, this effect is not substantial
1 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to require the preparation of an Environmental
deficiencies on existing street system Impact Report, and is mitigable through project changes and
1 10.2 Cumulative increase in traffic on a major street for which conditions.
capacity deficiencies are projected "3" Significant Adverse Environmental Effect
1 10.3 Specific traffic hazard to motorists,bicyclists,pedestrians The environmental effect identified in this category
1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the
1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on
1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an
Environmental Impact Report.
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File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro, Planning Manager VIGEN ASSOCIATES
Planning & Development Department 1127 E. OLIVE
City of Fresno FRESNO, CA 93728
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 5394 PRELIMINARY FEE(S) (See below)
DRAINAGE�kU A S) " RR - DRAINAGE AREA RR $3,280.00
DATE DRAINAGE AREA " - -
TOTAL FEE $3,280.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The O
District in cooperation with the City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to w
approval of the final map for the fee.
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required to be
constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
5394 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation, reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. a. Drainage from the site shall be directed to
X b. Grading and drainage patterns shall be as identified on Exhibit No.4-4 2
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
X None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan Storm Drain Plan Final Map
Street Plan Water& Sewer Plan Other
4. Availability of drainage facilities:
X a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No. 2.
5. The proposed development:
X Appears to be located within a X 500 year 100 year flood prone
area as designated on the latest Flood Insurance Rate Maps available to the District,
necessitating appropriate floodplain management action. See attached Floodplain Policy
Does not appear to be located within a flood prone area.
5394 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges
Associated with Construction and Industrial Activities (State General Permits) require developers
of construction projects disturbing five or more acres, and discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)
permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. These
requirements apply both to pollutants generated during construction, and to those which may be
generated by operations at the development after construction.
a.
State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading, and disturbances to the ground
that result in soil disturbance of at least one acre (or less than one acre if part of a larger
common plan of development or sale). Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control Z
Board (State Board), develop and implement a storm water pollution prevention plan,
eliminate non-storm water discharges, conduct routine site inspections, train employees O
in permit compliance, and complete an annual certification of compliance.
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification(SIC) code. The following categories of industries
are generally required to secure an industrial permit: manufacturing; trucking;
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:
submit a Notice of Intent to be covered and must pay a permit fee to the State Water
Resources Control Board, develop and implement a storm water pollution prevention
plan, eliminate non-storm water discharges, conduct routine site inspections, train
employees in permit compliance, sample storm water runoff and test it for pollutant
indicators, and annually submit a report to the State Board.
5394 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office) to
meet the requirements of the State General Permits, eliminate the potential for non-
storm water to enter the municipal storm drain system, and where possible minimize
contact with materials which may contaminate storm water runoff.
7. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
g. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendations and requirements.
Gerald E. Lakeman, Project Engineer: ck o s
District Engineer, Assistant General Manager
C: HARBISON INTERNATIONAL, INC.
2755 E. SHAW, STE. 101
FRESNO, CA 93710
5394 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
OTHER REQUIREMENTS
EXHIBIT NO. 2
The drainage system cost and fee schedule update is currently underway. The drainage system
cost and fee obligation indicated in this notice is the obligation which is valid at the date of this
notice. Contact the District for a final drainage fee obligation prior to issuance of a building
permit or recording of the final map.
The drainage fee identified on this notice reflects a reduction credit of fifty-five percent (55%) of
the drainage fee amount otherwise payable by the proposed development of Tract 5394. This
credit is applied to development entitlements within Drainage Areas "RR" and "III" which are
obligated under ordinance to pay a "full cost" drainage fee, but which are also subject to an
increased Benefit Assessment on their annual property tax bill for completion of the Drainage
Area "RR" and "III" systems. As this increased levy will fund a portion of a project which will
complete the storm drain facilities in Drainage Areas "RR" and"III", the "full cost" drainage fee
rates for these drainage areas can be, and are by this fifty-five percent (55%) reduction,
proportionately reduced.
The southeasterly corner of Tract 5394 shall drain to North Thorne Avenue. The remaining
portion of Tract 5394 shall drain to West Thomas Avenue and/or North Weber Avenue.
Development No. Tract 5394
engr\perm i ts\exh i b itsNracff 394(rt)
FLOOD PLAIN POLICY
Primary Flood Plains
Because of the relatively high velocities and volumes of flood flow associated with primary flood
plains, and because the primary flood plain is responsible for passing the greatest percentage
.of the
flood event,development located in such flood plains is subject to substantial risk,both to itself and
to others as a result of the potential for blockage and diversion of flood waters. In view of these
factors, the following policy statement is proposed:
Policy 1) All proposed development activity shall be the subject of a detailed
hydrological flood hazard investigation to determine the relationship of the
proposed development to the secondary flood plain and the primary flood
plain; and, further,to identify the estimated high water elevation of the 100-
year flood event.
2) All development and/or permanent improvement activity which, if located
within the primary floodway, may unduly impede, retard, or change the
direction of flow of water either,by itself, or by the catching or collecting of
other debris or is placed where the flow of water would carry such
obstruction downstream to the damage or detriment of either life or property,
should not be permitted.
Secondary Flood Plains
Because development within secondary flood plains is subject to inundation,but without the threat of
increased velocities of flood waters, and because the excessive development of the secondary flood
plain can result in increased water surface elevations through displacement of flood waters, the
following policy statement is suggested:
Policv 1) Development in secondary flood plains is generally acceptable when a
detailed hydrological flood hazard investigation report had been prepared
indicating that the area proposed for development is located within a
secondary as opposed to a primary flood plain.
2) The development must be properly flood proofed below the estimated high
water elevation of the 100-year flood event.
3) The development is accomplished is such a way as to prohibit the
displacement of any and all flood waters from that portion of the flood plain
to be developed.
enenengrform\Floodplain policy-form
THE DEPARTMENT OF PUBLIC WORKS
TO: Shelby Champlain,Planner III
Planning Department
FROM: NANCY MORRISON,PROGRAM MANAGER, (559.621.8690)
DATE: September 23, 2004
Subject: Vesting Tentative Subdivision Map T-5394, C.043.125.
THE DEPARTMENT OF PUBLIC WORKS has reviewed the Tentative Subdivision Map proposed by
Vigen Associates., on engineering drawings plans prepared by Harbison International, Inc., THE
DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the street trees...
I. STREET TREE REQUIREMENTS
A. Fresno Municipal Code requires one tree per 60 lineal foot of street frontage on North Weber,
West Thomas and North Thorne Avenues. Street trees shall be planted within the public right-of-
way on West Thomas and North Thorne Avenues in the 12arkstril2. The street trees shall be planted
behind the sidewalk, (within 10'of the back of sidewalk), on North Weber and behind the sidewalk
on West Thomas at the sidewalk transition West to North Weber Avenue.
The designated street tree species are as follows:
STREET NAME STREET TREE SPECIES
North Weber Pistacia chinensis, (Chinese Pistache)
West Thomas Nyssa sylvatica, (Tupelo)
North Thorne Pistacia chinensis, (Chinese Pistache)
B. Because internal streets in this subdivision are private, there will be no street tree requirements,
internally.
C. The property owner is required to provide automatic irrigation system to each street tree
before occupancy. The irrigation system shall comply with FMC 12-306-N-23.
City of
ClmCId+\1��\1//,-
DATE:
,DATE: September 27, 2004
TO: Shelby Chamberlain, Planner III
Development Department, Planning Division
THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager
Public Works Department, Engineering Division
FROM: Louise Monroe, Traffic Planning Supervisor
Public Works Department, Engineering Division
SUBJECT: TT 5394, Public Works Conditions of Approval
(Weber: between Belmont and Olive)
The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map
5394, which was submitted by David B. McMurry. The following requirements are to be placed on this
tentative tract map as a condition of approval by the Public Works Department.
General Conditions:
Comply with all conditions of C-04-125.
Provide handicap access 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, 8-801 and Resolution No. 78-522/88-229.
Submit the following as a single package to the Public Works Department for review and approval:
a. Signing and Striping Plans (The signing and striping plans shall be done per the current
Caltrans standards.)
b. Street Construction Plans
c. Landscape and Irrigation Plans (Median Island and frontage landscaping)
Frontage Improvement Requirements:
Major Streets:
Weber Avenue: Collector
1. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern
shall be constructed to a 10-foot residential pattern or provide a pedestrian easement and
construct sidewalk to Public Works Standard P-7. Submit plans to Public Works for review and
approval.
2. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of
this subdivision.
Page 1 of 5
C:\Louise\TRACT MAPS\T-5394 WEBER BTWN BELMONT-OLIVE.doc
Attachment C-04-125
3. 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.
4. Relinquish direct vehicular access rights to Weber Avenue from all lots within this subdivision.
Local Streets:
Thomas Avenue:
Dedicate a pedestrian easement at the intersection of Thomas and Thorne for a handicap access ramp
to meet Public Works Standards.
Design and construct all curb, gutter, sidewalk, (south side), permanent paving, cul-de-sacs, and
underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk
patterns shall comply with Public Works API Standards for fifty (50) foot and fifty-four (54) foot streets.
Street Trees shall be planted at approximately 60' spacing or a minimum of 1 tree for each lot. Corner
lots and lots with street frontage on more than 1 side are required to provide additional trees.
Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance
with the Pubic Works Standard P-44.
Specific Mitigation Requirements:
1. This tract will generate 5 a.m. / 6 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is
not required.
2. Relinquish direct vehicular access rights to Thomas and Thorne Avenue from all lots within this
subdivision.
Page 2 of 5
C:1Louise\TRACT MAPSIT-5394 WEBER BTWN BELMONT-OLIVE.doc
Attachment C-04-125
City of
IeIMComIkaff
I/i
DATE: June 10, 2004
TO: Planning and Development Department, Planning Division
FROM: Public Works Department, Engineering Division
SUBJECT: Conditions of Approval for C-04-125
PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and proposed on-
site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to
omission or misrepresentation of information, on which this review process is dependent, will be imposed
whenever such conditions are disclosed.
Questions relative to dedications, street improvements or off-street parking geometrics may be directed
to David Padilla at (559) 621-8798 / David.Padillana.fresno.gov or Greg Jenness at(559) 621-8812 /
Greg.Jenness(a)fresno.gov Engineering Division, Traffic Planning Section.
STREET DEDICATIONS AND ENCROACHMENT PERMITS
Identify all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop
benches, mail boxes, news stands, trash receptacles, tree wells, etc. within the public right of way. Also,
identify the required 4 foot minimum path of travel along the public sidewalk directly in front of property,
as required by the California Administration Code (Title 24). A pedestrian easement may be required if
Title 24 requirements can not be met.
Dedicate a-pedestrian easement along Weber Avenue for the curvilinear sidewalk.
for public street purposes.
Dedicate a corner cut for public street purposes at Weber Avenue and Thomas Avenue for a
standard handicap ramp.
Dedicate a corner cut for public street purposes at N Thorne Avenue and Thomas Avenue for a
standard handicap ramp.
Page 3of5
C:\Louise\TRACT MAPS\T-5394 WEBER BTWN BELMONT-OLIVE.doc
Attachment C-04-125
Deed documents for the required dedications shall be prepared by the applicant's engineer and
submitted to the Public works Department, Engineering Division, Special Districts / Projects and
Right of Way Section with verification of ownership prior to issuance of building permits. The cost
of deed document processing and recordation fee must be paid at the time of deed submittal.
Deed documents must conform to the format specified by the city. Document format
specifications may be obtained from the Public Works Department, Engineering Division, Special
Districts / Projects and Right of Way Section, (559) 621-8694.
The construction of any overhead, surface or sub-surface structures and appurtenances in the public
rights-of-way is prohibited unless an encroachment permit is approved by the Public Works Department,
Engineering Division, Special Districts / Projects and Right of Way Section, (559) 621-8693.
Encroachment permits must be approved 2Ej2E to issuance of building permits.
STREET IMPROVEMENTS
All improvements shall be constructed in accordance with the Standard Specifications and Standard
Drawings of the City of Fresno, Public Works Department or street construction plans required and
approved by the City Engineer. The performance of any work within the public street rights-of-way
(including pedestrian and utility easements) requires a STREET WORK PERMIT prior to
commencement of work. Contact the Public Works Department, Engineering Services Section at
(559)621-8686 for detailed information. All required street improvements must be completed and
accepted by the city prior to occupancy.
Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works
Department, Construction Management Division, (559) 621-5500.
Remove abandoned (existing driveway approaches not identified for utilization) or reduce
excessive width driveway approaches as noted on Exhibit "A", and install sidewalk, curb and
gutter per Public Works Standard Drawing P-5 to match existing or proposed street improvement
line and grade.
Install permanent paving, paving transition, concrete curb, gutter, sidewalk and driveway
approaches to City Standard Specifications within all street frontages indicated on Exhibit "A".
Install street lights, served underground, on all frontages to City Standards. Street lighting plans
must be approved by the Public Works Department Engineering Division, (559) 621-8800, prior to
street light installation.
Underground all existing off-site overhead utilities within the limits of this site/map as per FMC
Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229.
SPECIFIC REQUIREMENTS
Sidewalk along W. Thomas Avenue shall be redesigned and constructed parallel to existing curb
within the limits of this project.
The existing pocket at the southeast corner of Weber and Thomas Avenue shall be constructed
with a solid sidewalk as depicted on the site plan.
Page 4 of 5
C:\Louise\TRACT MAPS\T-5394 WEBER BTWN BELMONT-OLIVE.doc
Attachment C-04-125
W. Thomas Avenue cannot accommodate 2 travel lanes plus parking, therefore, place "No
Stopping" Signs (R26A(s)) along W. Thomas Avenue within the limits of this project.
OFF-STREET PARKING FACILITIES AND GEOMETRICS
Off-Street parking facilities and geometrics shall conform to the City of Fresno, Public Works Department,
Parking Manual and Standard Drawing(s) P-41, P-42, and P-43.
Provide parking space needs, circulation, access, directional signs (e.g. "Entrance," "Exit," 'Right
Turn Only," "One Way" signs, etc.) as noted on Exhibit "A".
SURVEY MONUMENTS AND PARCEL CONFIGURATION
All survey monuments within the area of construction shall be preserved or reset by a person licensed to
practice Land Surveying in the State of California.
The parcel configuration depicted for the proposed development does not conform to record
information: A parcel map or lot line adjustment (whichever is applicable) is required to establish
this configuration. Contact the Planning and Development Department for details or submit a
revised exhibit confining the proposed development within existing parcel lines.
Page 5 of 5
CALouise\TRACT MAPS\T-5394 WEBER BTWN BELMONT-OLIVE.doc
Attachment C-04-125
City of
\I/
PUBLIC WORKS DEPARTMENT:
DATE: September 10, 2004
TO: Shelby Chamberlain, Planner III
Development Department, Planning Division
THROUGH: Jose Luis Benavides, P.E., Transportation Manager
Public Works Department, Engineering Division, Traffic Planning Section
FROM: Louise Monroe, Supervising Engineering Technician
Public Works Department, Engineering Division, Traffic Planning Sectiol`T�i-'\"
REZONE APPLICATION No. R-04-072
OWNER (S): David B. McMurry
APN (S): 450-260-05, 06, 07
FROM: R-1 TO: R-2
LOCATION: Weber: between Belmont and Olive
Comments/Concerns:
1. Trip Generation
a. Existing: 41 Vehicle Trips per Day (VTD)
b. Proposed: 68 Vehicle Trips per Day (VTD)
AM Total Peak: 5 Trips
PM Total Peak: 6 Trips
2. Highway Capacity
a. Weber Avenue: Collector
1. Existing Lanes: 2 lanes undivided 10,000 VTD
2. Year Counted: 2001, n/o Belmont , north bound, 5574 VTD
2001, n/o Belmont, south bound, 4880 VTD
3. Projected Lanes: 4 lanes undivided 24,000 VTD
3. Traffic Impact Study (TIS) required: No
Page 1 of 1
LATraffic Planning Section\Rezone\R-04-072.doc
R-04-072 Weber/Thomas
Summary of Average Vehicle Trip Generation
For 9 Dwelling Units of Residential PUD
September 10, 2004
24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour
Two-Way
Volume Enter Exit Enter Exit
Average Weekday 68 1 4 4 2
24 hour Peak Hour
Two-Way
Volume Enter Exit
Saturday 61 2 3
Sunday 46 2 2
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 7th Edition, 2003.
TRIP GENERATION BY MICROTRANS
(-4
irr N \1
DEPARTNW,NT OF PUBLIC UTIL1 TIES
Date: September 27, 2004
To: SHELBY CHAMBERLAIN, Planner III
Planning and Development Departm'e'nt, Advance Planning
From:: DOUG BECKER, Engineer H ` �L
Public Utilities Department, Planning and Engineering Division
Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5394, R-04-72 .
General
T-53 94,R-04-72 proposes a 9-lot single-family P.U.D., rezoning from the R-1 to the R-2 zone district
on 1.59 acres located on the Southeast corner of North Weber and West Thomas 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 Requirements
The nearest sanitary sewer main to serve the proposed project a 10-inch main located in West Thomas
Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the
following requirements:
1. Separate sewer house branches shall be provided for each lot created.
2. Provide sanitary sewer service to 605 N. Thorne Avenue(APN 450-260-08).
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
1. Sewer Lateral Charge
2. Oversize Sewer Charge
3. Wastewater Facilities Charge (Residential Only)
Water Requirements
The nearest water mains to the project are an 8-inch main located in West Thomas Avenue and a 6-
inch main in North Thorne Avenue. The following water improvements shall be required prior to
providing City water service to the project:
1. Separate water services with meter boxes shall be provided to each lot created.
2. 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.
3. All public water facilities shall be constructed in accordance with the Department of Public
Works standards, specifications, and policies.
Water Fees
1. Payment for installation of water service(s) and/or meter(s) is required.
2. Water Connection Charges are due and shall be paid for the Project.
City of
Department of Public Utilities
Solid Waste Division
1325 E. EI Dorado • Fresno, California 93706-2014
(559) 621-1452
www.fresno.gov
September 22, 2004
TO: Shelby Chamberlain, Planner III
Development Department, Planning Division
THROUGH: Robert Weakley, Chief of Operations'?P-v
Department of Public Utilities, Solid Waste Division
FROM: Donna Leslie, Staff Assistant��
Department of Public Utilities, Solid Waste Division
SUBJECT: TT 5394, Solid Waste Conditions of Approval
The Department of Public Utilities, Solid Waste Division,has completed a review of the Vesting
Tentative Tract Map 5394, which was submitted by Vigen 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 5394 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. / J
J,�, r �
gash
JAConditions of Approval_TT5394.wpd
f
{ �Y�-T• -," OFFICES OF
N170 .M. Ka,
D
1
PHONE(559)233-7161
FAX(559)233-8227
2907 SOUTH MAPLE AVENUE
FRESNO,CALIFORNIA 93725-2218
Your Most Valuable Resource-Water
August 27, 2004 ���(����
Ms. Shelby Chamberlain
City of Fresno AUG ' 2004
Planning and Development Dept. Planririg Division
2600 Fresno Street, Room 3043
Fresno, CA 93721-3604
RE: VTTM No. 5394, RA No. R-04-72
Dear Ms, Chamberlain:
FID's comments and requests are as follows:
1. FID does not own, operate, or maintain any facilities located on the applicant's property.
2. FID expects no adverse impacts from the approval of the subject proposal.
Thank you for submitting this for our review. Please feel free to contact me with any questions
or concerns at 233-7161 extension 317 or bjohnson@fresnoirrigation.com.
Sincerely,
FRESNOIRRIGATIO DISTRICT
Bret Johnso
Engineering Technician I
Agencies\City\VTTM 5394 R-04-72