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HomeMy WebLinkAboutT-5406 - Conditions of Approval - 7/19/2006 ® REPORT TO THE CITY COUNCIL AGENDA ITEM NO. 10:45 a.m. COUNCIL MEETING: 5117105 May 17, 2005 APPROVED BY y FROM: NICK P. YOVINO, Director kPXRTMENT DIRECTOR Planning and Development Department^D BY: DARRELL UNRUH, Planning Manager a CITY MAN Planning Division v SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-04-82 AND FINDING OF CONFORMITY FOR ENVIRONMENTAL ASSESSMENT NO. T-5406/R-04-82 RECOMMENDATION Staff recommends the City Council take the following action: 1. RECOMMEND APPROVAL to the City Council of the Finding of Conformity for Environmental Assessment No. T-5406/R-04-82, dated February 25, 2005, finding that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130. 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-04-82 to reclassify the existing zone district from the RR (Rural Residential, Fresno County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management Area) zone district. EXECUTIVE SUMMARY Rezone Application No. R-04-82, filed by Lennar Homes, Inc./Cambridge Homes, Inc. on behalf of six underlying property owners, proposes to rezone approximately 57 acres of property (six Assessor's Parcels) located on the southwest corner of West Shields and North Cornelia Avenues. The rezone application proposes to change the zone district of the entire 57± acres from the County's R-R (Rural Residential) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management Area) zone district. The proposed R-1 Zone District would be consistent with the medium and medium-low density residential planned land uses for this site. This zoning and the vesting tentative tract map would be consistent with, and would implement, the applicable policies of the 2025 Fresno General Plan and the West Area Community Plan. The West Area Citizens Advisory Committee approved these applications on December 13, 2004. On April 20, 2005, the Fresno City Planning Commission recommended approval of the rezone application to the City Council. The Planning Commission also approved related Vesting Tentative Tract Map No. T-5406/UGM, which proposes a 257-lot single-family residential subdivision with a remainder, providing an overall residential density of 4.65 dwelling units/acre. The Planning Commission approved adding a condition requiring payment of fees to Caltrans for potential impacts to the Ashlan/Freeway 99 interchange, and the applicant agreed to this condition. Planning Commission action on the vesting tentative tract map is final and, therefore, no action is required by the City Council on the tract map. It is noted that rezoning and development of the proposed subdivision are contingent upon annexation of this property to the City of Fresno (and detachment from North Central Fire Protection District .:i and the Kings River Conservation District). Staff is recommending approval of this rezone I application. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-82 May 17, 2005 Page 2 PROJECT INFORMATION PROJECT A rezone to single-family residential zoning and a 257-lot residential subdivision with one remainder on 56.97± acres (55.26 net acres after major street dedications on West Shields and North Cornelia Avenues), to be developed at an overall density of 4.65 units per acre APPLICANT Subdivider of record: Lennar Homes, Inc. Owners of property: Yoshio Nakashige and Public Properties, Inc., Rubin & Jenni Lerma, Sharon K. Dale, Charles & Dorothy Rapp, Raymond & Shirley Brown, and Edward D. Fanucchi Applicants' representative: Yamabe & Horn Engineering LOCATION APNs 312-062-15, -16, -17, -19, -20, and -21 Southwest corner of West Shields and North Cornelia Avenues (Council District 1, Tom Boyajian) SITE SIZE 56.97± acres LAND USE Existing — rural residential and uncultivated'agricultural land Proposed —Single family residential subdivision PLAN DESIGNATION In the adopted 2025 Fresno General Plan and the West Area AND CONSISTENCY Community Plan, the project site was assigned the following land uses: 5 acres of medium-low density residential (which provides for 2.18 to 4.98 units per acre); 32 acres of medium density residential (which provides for 4.99 to 10.37 units per acre); and 20 acres of public facility/elementary school, with underlying medium density residential land use (giving a total potential 52 acres of medium density land use designation). Central Unified School District has indicated that it does not intend to acquire this property for a school site and has thereby released it for residential development. The proposed rezone to R-1/UGM is consistent with these plan designations, and the proposed subdivision is consistent per FMC §12-403-B-2.b(1) REPORT TO THE CITY COUNCIL Rezone Application No. R-04-82 May 17, 2005 Page 3 EXISTING ZONING RR (Rural Residential, Fresno County zoning) PROPOSED ZONING R-1/UGM (Single-Family Residential District/UGM Area) ENVIRONMENTAL FINDING Finding of Conformance with City of Fresno General Plan Master EIR (MEIR) No. 10130 was issued/filed with City Clerk on March 31, 2005, and noticed in the Fresno Bee on March 31, 2005. PLAN COMMITTEE West Area Advisory Committee recommended approval on RECOMMENDATION December 13, 2004 STAFF RECOMMENDATION Approval of project, subject to compliance with the Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM (dated March 23, 2005) and subject to implementation of the applicable mitigation measures of MEIR 10130 PLANNING COMMISSION On March 23, 2005, the Planning Commission recommended RECOMMENDATION approval of the rezone application by a vote of 4 to 0. BORDERING PROPERTY INFORMATION PLANNED LAND USE EXISTING ZONING EXISTING USE Arterial Street — — — West Shields Avenue R-R NORTH Low Density Residential (Rural Residential, Fresno County zoning) Rural residences RR SOUTH Low Density Residential (Rural Residential, Rural residences Fresno County zoning) Collector Street North Cornelia Avenue R-R (Rural Residential, Rural residences EAST Fresno County zoning) and Medium-Density R-1/UGM (approved; Single family subdivisions in the Residential annexation pending) development process (Single-Family Residential (recorded Final Tract Map No. 4544 and District/UGM Area) Tentative Tract Map No. 4651) Medium Density, R-1/UGM(approved; Single family subdivision in the Medium-Low Density and annexation pending) development process Medium-High Density (Single-Family Residential WEST Residential District/UGM Area) (approved Vesting Tentative Tract Map and No. 5300 ) RR (Rural Residential, Rural residences and vacant land r........r.... 4, �.........� REPORT TO THE CITY COUNCIL Rezone Application No. R-04-82 May 17, 2005 Page 4 ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment (EA) No. T-5406/R-04-82 considered potential environmental impacts associated with the rezoning and subdivision of this 57±-acre site. The initial study indicates that these applications, if approved, would create a project that conforms to the land use designation and policies (the Urban Form Element) of the 2025 Fresno General Plan and West Area Community Plan. The information received during this initial study confirms that the potential environmental impacts associated with this project would be within the scope of the City of Fresno's Master Environmental Impact Report (MEIR) No. 10130, which was prepared and certified for the 2025 Fresno General Plan and adoption of the West Area Community Plan. Therefore, a Finding of Conformance with MEIR No. 10130 was posted on March 31, 2005, incorporating a Mitigation Monitoring Checklist. A notice of this environmental finding was published in the Fresno Bee on March 31, 2005. No appeals on it were received as of Tuesday, May 10, 2005. BACKGROUND / ANALYSIS Rezone Application No. R-04-82 proposes to rezone 56.97 acres (Assessor's Parcel Numbers 312-062-15, -16, -17, -19, -20, and -21), located on the southwest comer of West Shields and North Cornelia Avenues, from the RR District (Rural Residential, Fresno County zoning) to R-1/UGM (Single Family Residential DistrictlUrban Growth Management Area). Vesting Tentative Tract Map No. T-5406/UGM proposes to subdivide this property into 257 single-family residential lots. The property has several existing structures, which are proposed to be removed to facilitate tract development. These structures were evaluated by a qualified historical/cultural resource specialist and were determined not to have potential significance as affirmed by the City's Historic Preservation Project Manager. On Friday, May 6, 2005, notices of the City Council hearing on this rezoning were mailed to the school district and to all property owners having land within a 500-foot radius of the tract map's boundaries. The Fresno Municipal Code requires only a 350-foot radius but this is intended to be extended when a major street would fall within the boundary for mailing notices; therefore, additional parcels were included b enlarging the mailing radius. As of Tuesday May 10 no P Y 9 9 9 Y Y , appeals were received regarding the proposed rezoning. West Area Community Plan Advisory Committee The West Area Community Plan Advisory Committee reviewed, and recommended approval of, Rezone Application No. R-04-82 and the related tract map at its December 13, 2005 meeting. Fresno City Planning Commission On April 10, 2005, the Fresno City Planning Commission considered Rezone Application No. R-04-82 and Vesting Tentative Map No. T-5406/UGM. The Commission voted to recommend approval of the rezone application to the City Council by a vote of 5 to 0 (one Commissioner was absent), and voted to approve the related tract map. Copies of the Planning Commission resolutions are attached. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-82 May 17, 2005 Page 5 Land Use Plans and Policies The 2025 Fresno General Plan and West Area Community Plan designate the subject property for public facility/elementary school, medium-low, and medium density residential uses. The elementary school designation has an underlying, altemative medium density residential land use designation. Central Unified School District notified the Department by letter on June 24, 2004 that the District was not pursuing acquisition of a site at this location and requested that the elementary school land use designation be removed (copy of letter attached). The rezone application conforms to the 2025 Fresno General Plan's Planned Land Use and Zone District Consistency Matrix, which provides for a developed density of 4.99 to 10.37 dwelling units per acre. The project's residential density, after dedication of major street right-of-way along North Cornelia and West Shields Avenues, will be 4.65 dwelling units per net acre. Although the final developed density for Vesting Tentative Tract Map No. 5406/UGM will be slightly below the blended lower threshold of "medium-low" and "medium density" applicable to this site, Fresno Municipal Code Section 12-403-B-2.b(1) allows residential projects to be held consistent with the general and community plan if the developed project meets density criteria for the next-lowest residential land use designation. The next-lowest density designation, "medium-low density residential," allows 2.19 to 4.98 dwelling units per acre and the overall density of this project falls within that category. Therefore, pursuant to the Fresno Municipal Code, the 257 lots proposed on the 55.26 net acres of Vesting Tentative Tract Map No. 5406/UGM is consistent with the 2025 Fresno General Plan and the West Area Community. Land uses surrounding this proposed subdivision are typical of the West Area's transitional nature: to the north and south, and northwest of the project are rural residential homes on RR-zoned parcels (located in the unincorporated area). This subdivision is conditioned upon compliance with West Area Community Plan policies requiring interface treatment for subdivision lots which abut rural residential parcels of 0.5 to 2.0 acres. To the east of the proposed project, across North Cornelia Avenue, there is some additional rural residential property. However, on the east and west sides of this project are new R-1/UGM-zoned single-family subdivisions, Tentative Tract Map No. 4651 and recorded Final Tract Map No. 4544 east of Cornelia Avenue, and Vesting Tentative Tract No. 5300 abutting the southerly half of the west edge of proposed Tract 5406/UGM. Therefore, this proposed tract can be considered "infill" development, in that it provides for a more contiguous City boundary, provides for a logical extension of urban infrastructure, and implements the West Area Community Plan policies calling for full development of streets and urban services. Traffic Capacity: Circulation Element Plan Policies and Major Street System The City of Fresno's Public Works Department Engineering Division Transportation Planning Section has analyzed this project and determined that development of 257 single-family homes can be expected to generate approximately 2,459 average daily vehicle trips (ADTs), per the memorandum from the Public Works Department Engineering Division Traffic Engineering Manager, dated December 21, 2004, regarding Rezone Application No. R-04-82. This subdivision will have frontage on, and will take access from, West Shields and North Cornelia Avenues. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-82 May 17, 2005 Page 6 The 2025 Fresno General Plan and West Area Community Plan designate West Shields Avenue as an arterial street requiring a four-lane 110-foot wide right-of-way with center median. West Shields Avenue has an ultimate capacity of 31,700 to 47,900 ADTs in its fully developed divided configuration. For portions where only the center section (center two travel lanes) are developed, the estimated capacity would be at least 10,000 vehicle trips per day. Fresno COG's 2003 Traffic Monitoring Report contains data from a five-year cycle of traffic counting on all major streets in Fresno City and County. The Monitoring Report shows that, east of the Hayes Avenue intersection, West Shields Avenue had 1,545 eastbound daily trips and 1,308 westbound daily trips (2000 data). West of the Blythe Avenue intersection, Shields Avenue had 1,822 eastbound daily trips and 1,588 westbound daily trips (1999 data). MEIR No. 10130 prepared for the 2025 Fresno General Plan estimated that year 2002 volume for the segments of Shields Avenue proximal to Tract 5406/UGM (Polk to Cornelia, and Cornelia to Blythe) would be 5,140 to 5,580 average daily trips, providing a "C" Level of Service (LOS). With this number of ADTs, West Shields Avenue is not near its traffic capacity, even on segments in the project vicinity that are only developed with two travel lanes. The MEIR showed that, at the projected Year 2025 full buildout of the Fresno General Plan and West Area Community Plan, these segments of West Shields Avenue would continue to function at LOS "C" given the City's standard mitigation measures such as UGM improvements and urban development standards. North Cornelia Avenue is a designated collector street, requires a 94-foot wide right-of-way with four travel lanes. It does not call for a median island. COG's 2003 Traffic Monitoring Report shows that, south of the Shields Avenue intersection, Cornelia Avenue had 1,846 northbound daily trips and 1,868 southbound daily trips (2000 data), up from 1,293 northbound daily trips and 1,466 southbound daily trips in 1998. North of Shields Avenue, Cornelia Avenue had 2,203 northbound trips (2001 data) and 1,495 southbound trips (1998 data; southbound trips on the segment between Shields and Dakota Avenues were not counted in 2001). MEIR No. 10130 prepared for the 2025 Fresno General Plan estimated that year 2002 volume for the segments of Cornelia Avenue proximal to Tract 5406/UGM (Dakota to Shields, and Shields to Clinton) would be 4,110 to 3,270 average daily trips, providing a "C" Level of Service (LOS). Given this number of ADTs, North Cornelia Avenue is not near its traffic capacity, even on segments in the project vicinity that are only developed with two travel lanes. The MEIR showed that, at the projected Year 2025 full buildout of the Fresno General Plan and West Area Community Plan, these segments of Cornelia Avenue would continue to function at LOS "C," given the General Plan and MEIR standard mitigation measures. In order to provide for mass transit and safe vehicular, bicycle, and pedestrian travel, this project is required to dedicate and construct several improvements within the boundaries of the subdivision, including: permanent street paving, curb, and gutter to City Public Works Standards; transitional paving at the western portion of Shields Avenue frontage and southern portion of Cornelia Avenue frontage; a median island in West Shields Avenue (subject to Fresno County approval of street plans); a FAX bus bay on Cornelia Avenue south of Shields Avenue; a school bus turnout to Central Unified School Board's recommended standard; sidewalk with ten-foot residential pattern (incorporating a park strip); street lighting (supplied by undergrounded utilities); and a striped bike lane. Because a pedestrian and bicycle trail is required to be developed along this project's REPORT TO THE CITY COUNCIL Rezone Application No. R-04-82 May 17, 2005 Page 7 Shields Avenue frontage, the sidewalk and bike lane may be incorporated into the trail cross- section, providing a bike route separated from vehicular traffic and more potential for pedestrian amenities. Street improvement requirements are outlined in detail in the Vesting Tentative Tract Map No. 5406/UGM Conditions of Approval, dated April 20, 2005, pursuant to a memorandum prepared by the Public Works Department Transportation Planning Section, dated December 29, 2004 (copy attached to Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM). Street improvements beyond the limits of this subdivision are provided for by the UGM Ordinance; Fresno Municipal Code Sections 11-226(f)(6) and 12-4.501; California Government Code (Subdivision Map Act) subsections 66426.6(a)(2)(A) and (B); 2025 Fresno General Plan Policies Nos. E-1-c, E-1-j, E-1-n, E-3-e; and West Area Community Plan Policies Nos. W-1-c and W-2-d. This developer of this tract will improve the west half of North Cornelia Avenue south of the subdivision boundary, all the way to the Clinton Avenue intersection, providing two southbound travel lanes. The tract remainder fronting Cornelia Avenue is being required to have full frontage improvements pursuant to a health and safety and orderly development findings per Subdivision Map Act subsections 66426.6(a)(2)(A) and (B). The "embedded" rural residential parcel along North Cornelia will also have street improvements made across its 164± feet of frontage. If an agreement can be reached with the property owner to obtain sufficient right-of-way, these street improvements may consist of full-width pavement, gutter, curb, and sidewalk. If a lesser amount of right-of-way is all that can feasibly be obtained, these street improvements may be in the form of two modified southbound travel lanes on North Cornelia and an asphalt walking path across the property's frontage. The proposed tract lots abutting North Cornelia and West Shields Avenues require a waiver (prohibition) of direct access to these major streets and "back-up" treatment: installation of a solid masonry wall and a landscape strip at least 20' deep, pursuant to West Area Community Plan policies. The landscape easement is required on the remainder, but the wall may be deferred and the driveway serving the existing home is an existing property right that will be allowed to remain until the lot is re-developed (the developer is working with the property owner to facilitate completion of the wall across the Cornelia Avenue frontage of this lot, and re-orientation of access to the local street being developed for the tract). The landscape easement and wall will not be required of the rural residential home site that is not a part of the subdivision map. That parcel will also retain its existing driveway as an established property right, until the parcel re-develops. Master Environmental Impact Report (MEIR) No. 10130, certified by the City Council for the 2025 Fresno General Plan, determined that project-specific traffic assessments would be required for projects which would generate 100 or more vehicle trips during weekday peak commute hours. Given the number of lots in this project, its a.m. peak hour traffic generation was estimated to be 193 average trips, and its p.m. peak traffic was estimated at 260 average trips. A traffic study was required and was submitted in October, 2004 by TPG Consulting. This traffic study used trip generation and traffic route analysis modeling approved by the Council of Fresno County Governments and its Model Steering Committee. The conclusion of the study, as affirmed by the Public Works Department Engineering Services Division is that, with improvements required for this project, (including payment of the City-wide Traffic Signalization Fee) the major street network is adequate to accommodate the traffic generated by this project and maintain acceptable levels of REPORT TO THE CITY COUNCIL Rezone Application No. R-04-82 May 17, 2005 Page 8 service. An off-site mitigation is imposed, consisting of participation in signalization of the intersection of Shields and Blythe Avenues. The developer's cost of installing these traffic signal improvements will be credited against the developer's obligations under the City-wide Traffic Signalization fee program, because this intersection is one of those designated to utilize those funds. The potential traffic impacts of this plan-consistent development are deemed to have been adequately analyzed and mitigated within the scope of MEIR No. 10130 and City requirements. The Public Works Department staff has concluded that this project does not have significant adverse impacts upon the City's transportation system, and that its non-significant impacts are mitigable through the City's standard UGM process and project requirements for developments that abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the project will be required to install improvements and to pay fees toward development of the major street system as outlined in the Public Facilities Element of the General Plan, and will be required to provide for the installation of traffic control measures (such as signals and stop signs) installed per UGM policies and per ongoing traffic studies (which involve the cooperation of Fresno County for intersections having one or more unincorporated corners). California Department of Transportation Comments A Caltrans December 21, 2004 project comment letter (copy attached) recommends that this project implement transportation alternative measures. Several of the measures are being included in project conditions, including FAX and school district bus stops and the bicycle and pedestrian trail segment construction along West Shields Avenue. Other recommendations are part of larger programs which the City implements or assists with as general Clean Air measures. The December 21 letter also asserts that MEIR No. 10130 prepared for the 2025 Fresno General Plan did not address cumulative impacts to transportation and air quality for projects such as this. The MEIR did, in fact, analyze impacts to major streets (which the Fresno Municipal Code defines as including highways) for full buildout of the land uses proposed in the 2025 Fresno General Plan. and West Area Community Plan. The MSIR did provide mitigation measures applicable to this development, and the City Council did make findings of over-riding considerations for any significant transportation and air quality impacts which may remain after implementation of the adopted feasible mitigation measures. Appendix 2 of the MEIR shows that, even at full buildout of the 2025 Fresno General Plan, North Cornelia Avenue (all segments within the City's Sphere of Influence) is expected to maintain a Level of Service C with full implementation of MEIR mitigation measures. MEIR Appendix 2 shows that all segments of Shields Avenue will maintain acceptable Levels of Service, at least LOS D (and all segments west of Blythe Avenue will maintain at least LOS C) at projected full buildout in year 2025. Similar findings were certified in Appendix 2 for the next-nearest east-west streets providing for Freeway 99 crossings, Ashlan and Clinton Avenues. A copy of the scope of work and traffic impact study were distributed to Caltrans District 6. Caltrans communicated with the consultant who prepared the Tract 5406 Traffic Impact Study. After reviewing this study, Caltrans submitted a revised comment letter, dated March 1, 2005 (copy attached), requesting that the traffic impact study be re-done to re-allocate the distribution of REPORT TO THE CITY COUNCIL Rezone Application No. R-04-82 May 17, 2005 Page 9 project trips on major streets to delete the trips that the traffic model shows using the planned Shields Avenue crossing of Highway 99. At a COG Model Steering Committee meeting on March 15, 2004 (which includes representation by Caltrans technical staff), this issue was discussed and the conclusion was that traffic model analyses should include approved major street segments shown in the Regional Transportation Plan (RTP). The Shields Avenue crossing is shown on the adopted 2025 Fresno General Plan Circulation Element map and is included in the RTP approved by the Council of Fresno County Governments (COG). Therefore, the COG Model Steering Committee validated the methodology used for the traffic impact study prepared for this tract. The City considered Caltrans' comments in preparing the initial study, and considered the subsequent findings of the COG staff and Model Steering Committee in preparing this staff report, and has determined that this project does not create any impacts, including cumulative impacts that were not identified in the MEIR. Therefore, City staff recommends that a Finding of Conformity is appropriate without revising the Traffic Impact Study of October 2004 and without imposing additional specific project mitigation measures for impacts to state facilities (none have been requested by Caltrans as of Friday, April 15, 2005). In its March 1 letter, Caltrans also requested that the developer of Tract 5406/UGM pay $8,124 for potential impacts to the Ashlan/Freeway 99 interchange. The Planning Commission voted to add a requirement to the Conditions of Approval for Vesting Tentative Tract No. 5406/UGM that would provide for payment of this fee, or a revised fee resulting from future studies, when the City and Caltrans reach an agreement on the overall issue of impact fees for state facilities. The developer assented to this condition. It is memorialized in the Planning Commission Resolution approving the tract, and was added to the Conditions of Approval. Although the City has met its legal obligations for addressing impacts to the transportation system for purposes of CEQA, the City has not ruled out continuing to work with Caltrans to develop a legally permissible general means for collecting impact fees from development projects for the state highway system. A legally permissible means for collecting impact fees under the Mitigation Fee Act (California Government Code §§ 60000 et seq.) among other things, would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study for the greater Fresno-Clovis- Madera Metropolitan area. This study may provide the nexus/rough proportionality study necessary for determining a developer's proportionate responsibility for capital improvements to the state highway system. In addition to a proportionate share study, a mechanism would be needed for the City to collect monies and to either hold those monies, or hand over those monies to a separate agency, for improvements to facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in developing such a mechanism, including using the model used by the City for collecting fees for FMFCD, entering into a Joint Powers Authority, and/or entering a Memorandum of Understanding. REPORT TO THE CITY COUNCIL Rezone Application No. R-04-82 May 17, 2005 Page 10 Local Streets and Access Points The Public Works Department Transportation Planning Section has reviewed this project and set requirements for street access. This project will provide one local street access point to West Shields Avenue, limited to right turns in and out. There will be two entry streets accessing North Cornelia Avenue, with the southerly one having a center landscaped median island as an aesthetic enhancement. Local interior streets in the tract will be public streets and will have a capacity for up to 1,000 average daily vehicle trips. None of the local streets are expected to carry traffic volumes that would exceed this capacity. Utilities and Public Services Under the City's UGM requirements, the developer of this tract will be required to install frontage improvements and off-site improvements which will connect and extend the water and sewer main networks. The Department of Public Utilities has found that adequate water supply, sewer trunk, and sewage treatment capacity exist for this subdivision. The Fire Department has indicated that it is within normal running distance of fire stations, and the developer is required to install a series of residential hydrants when street work is done. Central Unified School District has concluded that adequate school capacity exists. The developer is required to install temporary and permanent storm drainage facilities and to pay $380,810 in drainage fees (which may be offset by the developer installing Master Planned Facilities for Fresno Metropolitan Flood Control District). CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the West Area Community Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Rezone Application No. R-04-82 is appropriate for the project site. Attachments: Vicinity Map 2002 Aerial Photograph of Site Vesting Tentative Tract Map No. T-5406/UGM Planning Commission Resolution Nos. 12202 and 12203 Central Unified School District letter, dated June 24, 2004 California Department of Transportation letter dated December 21, 2004 California Department of Transportation letter dated March 1, 2005 Environmental Assessment No. T-5406/R-04-82 Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130), dated February 25, 2005 Proposed Ordinance Bill for Rezone No. R-04-82 KAMaster Files-Tract Maps\Tract 5406 Sandra Brock(R-04-82)\T-5406,R-04-82 17 RCC.doc ANDREWS SHIELDS g / ; ; ;!/ EN 1XI/6"ZI 11=0 I mml/ COUrI ya r + S LEGEND ft Subject Property '';, U.GLM.Area VICINITY MAS' PLANNING & DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5406/UGM REZONE APPLICATION NO. R-04-082A.P.N.: 312-062-15,16-17,19,20.21 From R-R(County)to R-1/UGM ZONE MAP: 2145 West of Cornelia Av., South of Shields Av. NOTTO SCALE BY/DATE: J.S./ 12-6-04 Vesting Tentative Tract Map(. No. 5406/UGM Rezone Application No. R-04-82 2002 Aerial Photo of Project and Vicinity �� ry � a n .c a r �� r a � ;!�`" w r„S3t a•.� ��” x�. J*.�.. red�"�' '�'a w�'"'a: "'�'a'� g t �Y prr• . � �� �;* � � �F �-. .. Y b< !` S: {'„r}� � A mer j%;, t aas c a� ;yS �t k " cr rx11aA�+r n �ai�y�► �M '�, �k n, . fix. �.:aamY'`�' "�>a-���� � �4 �t"" "!1 '�"jxFR {° ''S a - .SE' �f^a�, : �,� ^' t F 2..,b s$" ��T a K -r.-.4* a C--•� � a n v g as t s r .a X11 CLINT1 II MI, 4 OF :a �� 3nN�r 3Nuie wwri Y" u g 0 3r*mv vn3W,=w•SN b SF J5,, 25 a o g�� lsz. 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A i.oR ;top ZM N -FAR Z�G I Fa b « b b «_ u « b Q / r g "/ o a o 0 0 n n ^n 8 « n b n S i i F ZOB ZOB ZOB im FDB i i09 - - - o b - -, g i r -, !I r FXl l R ^ � ; R ,',,=;,sz " FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12202 The Fresno City Planning Commission, at its regular meeting on April 20, 2005, adopted the following resolution relating to Rezone Application No. R-04-82. WHEREAS, Rezone Application No. R-04-82 has been filed with the City of Fresno by Lennar Homes/Cambridge Homes, Inc., representing property owners Raymond &Shirley Brown,Sharon K. Dale Living Trust, Edward Darrell Fanucchi, Rubin & Jenni Lerma, Yoshio Nakashige and successor in interest Public Properties Inc.,and Charles&Dorothy Rapp to rezone the property as described below: REQUESTED ZONING: R-1/UGM (Single Family Residential/Urban Growth Management Area) EXISTING ZONING: RR (Rural Residential, Fresno County zoning) LOCATION: The site is located on the west side of North Polk Avenue between West McKinley and West Clinton Avenues. APNs: 312-062-15, -16, -17, -19, -20, and -21 LEGAL DESCRIPTION: From RR (Fresno County zoning) to R-1/UGM: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: THE SOUTH 19/40THS OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUAZRTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN: 312-062-20; and REAL PROPERTY SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA: PARCEL 1 OF PARCEL MAP No. 2456 RECORDED IN BOOK 15 AT PAGE 93 OF PARCEL MAPS,FRESNO COUNTY RECORDS. APN 312-062-16 5099 WEST SHIELDS, FRESNO, CA; and IMPROVED REAL PROPERTY SITUATED IN THE COUNTY OF FRESNO STATE OF CALIFORNIA, PARTICULARLY DESCRIBED AS Planning Commission Resc..__.,on No. 12202 Rezone Application No. R-04-82 April 20, 2005 Page 2 FOLLOWS: THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27,TOWNSHIP 13 SOUTH,RANGE 19 EAST, MDB&M, TOGETHER WITH ALL OR ANY INTEREST IN THE PUMPING PLANT ON THE SOUTH 19/40 OF THE NORTH OE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION. COMMONLY KNOWN AS: 2623 N.CORNELIA,FRESNO CA 93722 APN: 312-062-21; and LOT 9 OF TRACT NO. 3207, WESTERN ESTATES, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 38 PAGE 60 OF PLATS, FRESNO COUNTY RECORDS. APN: 312-062-15; and PARCEL 2 OF PARCEL MAP NO. 3798, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 24 PAGE 71 OF PARCEL MAPS, FRESNO COUNTY RECORDS. APN 312-062-17; and THE NORTH 21/40THS OF THE NORTH HALF OF THE SOUTHEAST '/s OF THE NORTHEAST '/s OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN 312-062-19; WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed single family residential dwelling subdivision; and, WHEREAS, during the April 20, 2005 hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change and its related subdivision application; and, WHEREAS,the West Area Community Plan Advisory Committee reviewed the rezone application and related application for Vesting Tentative Tract Map. No. 5406/UGM on December 13, 2004, and recommended approval; and, WHEREAS,the Fresno City Planning Commission on April 20,2005, reviewed the subject rezone application and vesting tentative tract map in accordance with the policies of the 2025 Fresno General Plan and West Area Community Plan. Planning Commission Resowtion No. 12202 Rezone Application No. R-04-82 --- - -—- April 20, 2005 Page 3 NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-04-82 may have a significant adverse effect on the environment and concurs with the proposed Finding of Conformity to the 2025 Fresno.General Plan Master Environmental Impact Report(MSIR No. 10130), dated March 31,2005, prepared for Environmental Assessment No. T-5406/ R-04-82, affirming this Finding of Conformity for the vesting tentative tract map and recommending that the City Council approve this Finding of Conformity for the rezone application. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM (Single Family Residential/Urban Growth Management) zone district designation be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Vasquez. VOTING: Ayes - Cherry, Vasquez, Kissler, Vang, Brand Noes - None Not Voting - None Absent - DiBuduo L:�W4 V4 0 DATED: April 20, 2005 per, NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12202 Rezone No. R-04-82 Filed by Lennar Homes, Inc./Cambridge Homes, Inc.on behalf of owners Raymond &Shirley Brown, Sharon K. Dale, Edward Fanucchi, Rubin & Jenni Lerma, Yoshio Nakashige, and Charles & Dorothy Rapp. APNs 312-062-15, -16, -17, -19, -20, and -21 Action: Recommend Approval FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12203 The Fresno City Planning Commission at its regular meeting on April 20, 2005, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS,Vesting Tentative Tract Map No. 5406/UGM was filed with the City of Fresno by Lennar Homes, Inc./ Cambridge Homes, Inc., representing property owners Raymond & Shirley Brown, Sharon K. Dale, Edward Fanucchi, Rubin &Jenni Lerma,Yoshio Nakashige,and Charles& Dorothy Rapp; and WHEREAS, this application proposes to subdivide the subject property, consisting of 57± acres of land located in the unincorporated area of Fresno County on the southwest corner of West Shields and North Cornelia Avenues, into 257 single-family lots with one remainder and to install related infrastructure; and, WHEREAS, the West Area Community Plan Advisory Committee reviewed this subdivision application and related Rezone Application No. R-04-82 on December 13,2004, and recommended approval of Vesting Tentative Tract Map No. 5406/UGM and the related rezoning; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated April 20, 2005; and, WHEREAS, the Planning Commission was additionally provided with a copy of a letter from the California Department of Transportation District 6, dated March 1, 2005, requesting payment of $8,124 toward potential project impacts to the State's facilities at the Ashlan-Freeway 99 interchange; and WHEREAS, the project applicant assented to adding a condition to the Conditions of Approval for Vesting Tentative Tract Map No. 5406 which would state as follows: Ashlan/99 Interchange (State highway facility,): Prior to the issuance of building permits,the developer will pay a State Highway Facilities Fee of either: (a) an amount of $8,124 as requested by Caltrans in their letter dated March 1, 2005 (copy attached); or (b) an amount proportionate to the share of responsibility for state highway improvements as determined by the Traffic Impact Study dated October 2004, prepared by TPG Consulting, Inc. (and future revisions as may be necessary)and the 2004-2005 Fresno County Council of Governments Fresno/Madera Freeway Deficiency Study(ies). Imposition of this condition is dependent upon the City of Fresno and Caltrans having an executed agreement for the City to collect and administer this State Highway Facilities Fee. and; Planning Commission Resolution No. 12203 Vesting Tentative Tract Map No. T-5406/UGM April 20, 2005 Page 2 WHEREAS, the Fresno City Planning Commission conducted a public hearing on April 20, 2005,to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED, that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5406/UGM may have a significant effect on the environment, as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10 130) dated March 31, 2005, prepared for Environmental Assessment No. T-5406/R-04-82. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map pursuant to Section 12-403-B-2.b(1).of the Fresno Municipal Code,is consistent with the adopted 2025 Fresno General Plan and the West Area Community Plan and the findings required pursuant to Section 66410 et seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5406/UGM subject to the Planning and Development Department Conditions of Approval, dated April 20, 2005, with the addition of the above-stated condition regarding $8,124 payable to the California Department of Transportation, and with the acknowledgements that the subject property is required to be annexed to the City of Fresno, and that the R-1/UGM((Single Family Residential/Urban Growth Management Area) zoning requested by Rezone Application No. R-04-82 is required to be approved and in effect prior to the issuance of permits for development of this tract. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Vasquez. VOTING: Ayes - Cherry, Vasquez, Kissler, Vang, Brand Noes - None Not Voting - None Absent - DiBuduo � 1 DATED: April 20, 2005 NICK P. YOVINO, Secretary" Fresno City Planning Commission Resolution No. 12203 Vesting Tentative Tract No. T-5406/UGM Filed by Lennar Homes,Inc./Cambridge Homes, Inc.on behalf of owners Raymond&Shirley Brown, Sharon K. Dale, Edward Fanucchi, Rubin & Jenni Lerma, Yoshio Nakashige, and Charles & Dorothy Rapp. APNs 312-062-15, -16, -17, -19, -20, and -21 Action: Approve JUN-24-2004 THU 10:05 AM CAMBRIDGE LENNAR FRESNO FAX NO. 559 447 3404 P, 02 JUN, 14. 2004 9:04AM QtN t UNI1 taus Urc NU. !tidy r. 1 CEAL LMED SCHOOL DISTRICT 460 MOM POt.X AVX• M=40.CA 93733.230 (539)2763306��pow�li®aen49l�d lei2adw DS5T8ICT st1PE> D)rNi ��°p � G Lw y L Powell Z MI5 June 24,2004 xRvsr> : c4,ay Boruba Terry Coit Judith GonQpr Thema Hapam Diana MiAa Phil Rumni Mika Y$dP Nick Yovino Director of Planning and Development City of Fresco 2600 Fresno Street Fresno,CA 93721 Dear Mr.Yovino., The 2025 Fresno Geno al Plan includes a proposed schobl site on North Comelia Avenue between West Shields and Wcst Clinton Av=es, It is my understanding that the owncr< has=offer to sell from a local developer. The District is mt in a position to acquire this site at the present time, I am,therefore, requesting that the school site designation be removed from this site in tic Gcncral Plan. Thank you for your cooperation in thin matter. Sincerely, Jo unigat>< ,,tet st�ermtt, es13 JWdf cc: David Duel GF-OFFRSY M.aARRATT JOHN muwam SARAH KOLIp1AN Ani tant Supedrdanden;Perawnet Ass7su" Supetlntandanr, Business Asalstant Suparinttindettt,Instruction (658)278-6224 (569)27B-6200 (669)276-3116 FAX(569)2?0•Y963 FAX(S58)276-0394 FAX(558)276-3102 t STA'a OF CALIFORNIA—BUSINESS.TRANSPORT/ 'N AND HOUSING AGENCY ARNOLD SCHWA_RZENEGGER Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE s P.0.BOX 12616 FRESNO,CA 93778-2616 _. PHONE (559)445-6666 Fles your power! FAX (559)4$8-4088 IJ L Be energy efficient! I'I'Y (559)488-4066 December 21, 2004 213 1-IGR/CEQA 6-FRE-99-25+/- R-04-82 & T-5406 HARVEST Ms. Sandra Brock City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear.Ms. Brock: VVe have reviewed the rezone and map for the 257-lot single-Baily residential subdivision located on the southwest corner of West Shields and North Cornelia Avenues. Caltrans has the following comments:, The area of Fresno west of State Route(SR) 99 between Shaw Avenue and Shields has been subject to numerous residential proposals recently. The City should be aware that these land use changes/new developments have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating, and mitigating, for them. - It is Caltrans' understanding that the 2025 General Plan HEIR requires projects that will produce 100 or more peak-hour trips (as this project will do) to evaluate the project's contribution to increased peak-hour vehicle delay at major street intersections adjacent or proximate to the project site (Mitigation Measure B-4). We understand that the applicant has prepared a traffic study; however, Caltrans has not been provided with an opportunity to review the study. This is a large development and Caltrans anticipates that there may be impacts to the State Highway System. Please provide us with a copy of the study for our review and comment prior to the project going before the Planning Commission. Caltrans also was not provided with an opportunity to review the scope of the study. We assume that,per the City's policy, that'the preparer of the traffic study referenced the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002. Caltrans Guide, while advisory, contains Best Practices and gives insight into Caltrans' expectations When reviewmg a traffic study:' If the traffic consultant has any issues or concerns regarding the use of the Guide or its interpretation,please contact us so resolution can be reached. "Caltrans improves mobility across California" Ms. Sandra Brock December 21, 2004 Page 2 The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 06 Enclosure C:Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts. and to ensure the long term viability of public transportation. STATE OF CALLFORNIA—BUSINESS,TRANSPORTAT")N AND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 0 FRESNO,CA 93778-2616 PHONE 559 445-6666 U u FAX (559)488-4088 Flex your power! ( ) Be energy efficient! TTY (559)488-4066p,R 0 2 2005 Planning Division March 1, 2005 iaevelopment Department CITY OF FRESNO 213 1-IGR/CEQA 6-FRE-99-25+/- R-04-82 & T-5406 HARVEST TRAFFIC IMPACT STUDY ADDENDUM Ms. Sandra Brock City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721 Dear Ms. Brock: Caltrans previously reviewed and commented on the rezone and map for a 257-lot single-family residential subdivision located on the southwest corner of West Shields and North Cornelia Avenues. The applicant's traffic consultant provided us with a copy of the draft Traffic Impact Study(TIS) and thenwith an addendum to that TIS. Caltrans has the following comments: This letter supercedes our comments from January 3, 2005. The addendum to the TIS appears to indicate that there would be no impact to the State Route (SR) 99 northbound and southbound off-ramps to Ashlan Avenue. Caltrans disputes this. While the consultant states that there will be no impact at SR 99/Ashlan, the TIS shows that the proposed development has six eastbound through movements on Ashlan at the northbound off- ramp. The consultant should confirm once more that the development would have no impact to the northbound or southbound off-ramps as the addendum to the TIS does not support this conclusion. We recently calculated an estimate for an interim improvement to widen this short segment of Ashlan. The cost of the improvement is$1,307,900. The calculated cost-per-trip is $1,354. Therefore, based on the data provided, the development's mitigation is to mitigate for cumulatively significant impacts is $8,124. Caltrans currently has an approved Project Study Report for the improvements to the SR 99 northbound off-ramp to Ashlan Avenue that provides both preliminary design and cost estimates for the various alternatives considered. While we do not have an approved PSR for improvements to the SR 99 southbound off-ramp to Ashlan, recent traffic studies have determined that improvements to this ramp will be needed as a result of the new residential development in the area. It is expected that the traffic generated by this development would impact the Clinton Avenue intersections at Vassar, SR 99 northbound ramp, and Weber. The left-turn movement from westbound Clinton Avenue to Vassar Avenue and the left-turn movement from eastbound "Caltrans improves mobility across California" Ms. Sandra Brock March 1, 2005 Page 2 Clinton Avenue to Weber Avenue experience queues that extend into the SR 99 northbound ramps intersection during the peak hour. The operation of the northbound ramp is thus adversely impacted and will be further impacted by this development. Improvements such as dual lefts at the intersection of Clinton and Weber Avenues should be investigated. Placing signals at the intersection of Clinton and Vassar should also be investigated. The City and the applicant should be informed of the State's future intention to close the partial interchange on southbound SR 99 at Princeton Avenue. The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. The area of Fresno west of State Route (SR) 99 between Shaw Avenue and Shields has been subject to numerous residential proposals recently. The City should be aware that these land use changes/new developments have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating, and mitigating, for them. The City should consider using the"Toolbox" from the San Joaquin Valley Growth Response Study to prepare an analysis of the impacts created by this and other approved developments in the City. This would help to clarify issues that have been raised since the General Plan Update regarding densities in general and the High Rise Corridor specifically. Caltrans is available to partner with the City in this endeavor. We request that this letter be made a part of the permanent public record for this project and that a copy of this letter as well as our December 21, 2004 letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions,please call me at(559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 06 Enclosure C:Ms. Jill Gormley, TPG Consulting, Inc. Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project,will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. CITY OF FRESNf ENVIRONMENTAL ASSESSM" �IT / INITIAL STUDY FINDING OF CONFORMITY/MEIR NU. 10130 Pursuant to Section 21157.1 of the California Public Resources Code DATE RECEIVED FOR FILING: (California Environmental Quality Act)the project described below is determined to be within the scope of the Master Environmental Impact Report(MEIR) No. 10130 prepared for the 2025 Fresno General Plan. =� Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 h? Applicants: Initial Study Prepared By: Lennar Homes, Inc., , IT 7485 North Palm Ave. , Suite 101 Sandra Brock, Planner Fresno CA 93711 March 31, 2005 w and six owners of underlying property Environmental Assessment Number: Project Location (including Assessor's Parcel Numbers): On the southwest corner of North Cornelia &West Shields Aves. T-5406/R-04-82 APNs 312-062-15, -16, -17, -19, -20, and -21 Project Description: Vesting Tentative Tract Map No. 5406/UGM proposes to subdivide approximately 57 gross acres of property, located on located on the southwest corner of North Cornelia and West Shields Avenues, into 257 single-family lots with one remainder. The project will involve removal of existing structures and vegetation within the limits of the subdivision map on the 257 proposed parcels, grading, and drainage improvements. It will also involve installation of infrastructure to serve the project, including widening and improvement of North Cornelia and West Shields Avenues within project boundaries. Coordinating street widening and improvements will also be required across the North Cornelia Avenue frontage of the remainder and an embedded rural residential parcel, to protect public health and safety. Rezone Application No. R-04-82 proposes to change the zoning of this property from R-R (Rural Residential, Fresno County zoning)to R-1/UGM (Single-Family Residential District, Urban Growth Management Area, City of Fresno zoning). Annexation to the City of Fresno will be required for zoning to be applied and for construction permits to be issued; therefore, the project includes the detachment of the subject property from the North Central Fire Protection District and the Kings River Conservation District. The Fresno County Local Agency Formation Commission (LAFCO) is the responsible agency for annexation. The property is planned for medium-low density residential use (5 acres at the northwest corner of the project location), public facility/elementary school with alternative medium density residential use (20± acres in the middle of the project) and medium density residential use (32± acres) in the 2025 Fresno General Plan and West Area Community Plan. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The 2025 Fresno General Plan designates 5 acres of the subject property for medium-low density residential use and 52± acres for medium density residential use (Central Unified School District has requested that the elementary school designation be removed so that the underlying residential land use designation may be exercised). The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested vesting tentative tract map 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's 54.13 net acres remaining after major street dedication are proposed to be developed with single family residential housing at an intensity and scale that is Finding of Conformity with MEIR 10130 Prepared for the 2025 Fresno C oral Plan EA No. T-54061R-04-82 March 31, 2005 Page 2 permitted by the planned land use and zoning designations for the site. Thus, the proposed rezone and vesting tentative tract map will not facilitate an additional intensification of uses beyond that which would be allowed by the above-noted planned land use designation approved with the 2025 Fresno General Plan. The proposed density of this project, approximately 4.74 dwelling units per acre, is consistent with the site's land use designations according to the provisions of Fresno Municipal Code Section 12-403-B. With imposition of tract map conditions regarding infrastructure construction, it is not expected that development of the property will adversely impact existing city service systems or the traffic circulation system that serves the subject site. These findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to ensure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the light industrial land use designation specified for the subject property. Based on this initial study, the project does not change the land use approved for the subject property (because the school site has an underlying, equally-exercisable medium- density land use designation), and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice is being provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). 3 3 057 Darrell Unruh Date Planning Manager, City of Fresno KAMaster Files-Tract Maps\Tract 5406(R-04-82)1T-5406,R-04-82 03 Finding of Conforrnity.wpd Attachments: Environmental Impact Checklist for Environmental Assessment No. T-5406/R-04-82 Mitigation Monitoring Checklist(MEIR No. 10130)for Environmental Assessment No. T-5406/R-04-82 ENVIRONMENTAL ASSESaMENT CHECKLIST EA No. T-5406/11-04-82 Potential Environmental Effects 1.0 TOPOGRAPHIC SOIL GEOLOGIC 12.0 HAZARDS 1 1.1 6 eo ogic hazards, unstable soil conditions 1 12.1 iF2'sk�explosion or release of hazardous 7- 1.2 Adverse change in topography or ground surface relief substances f- 1.3 Destruction of unique geologic or physical features 1 12.2 Site subject to flooding f- 1.4 Increased water erosion __7 12.3 Adverse change in course of flow of flood waters 2.0 AIR QUALITY 1 12.4 Potential hazards from aircraft 2 2.1 Generates substantial indirect source pollution - accidents _T_ 2.2 Direct on-site pollution generation 1 12.5 Potential hazards from landfill and/or toxic T_ 2.3 Generation of objectionable odors waste sites _T_ 2.4 Generation of dust except during construction T_ 2.5 Adverse local climatic changes 13.0 AESTHETICS 1 13.1 Obstructs pu lic/scenic vista or view 3.0 WATER 7 13.2 Creates aesthetically offensive conditions 1 3.1 nsT�u icient groundwater for long-term project use _T_ 13.3 Removes street trees or other valuable _T_ 3.2 Uses large quantities of ground water vegetation T_ 3.3 Wasteful use of water 1 13.4 Architecturally incompatible with f- 3.4 Pollution of surface water or groundwater supplies surrounding area T_ 3.5 Reduces groundwater recharge 14.0 CULTURAUPALEONTOLOGICAL 4.0 PLANT LIFE 1 14.1 Removal of historic building, or disruption 1 4.1a uuces numbers of any rare/unique/endangered of archaeological site species 1 14.2 Construction or use activity incompatible 1 4.2 Reduction in acreage of agricultural crop with adjacent historic site 7 4.3 Premature or unnecessary conversion of prime agricultural land 15.0 ENERGY 1 15.1 ses su stantial amounts of fuel or energy 5.0 ANIMAL LIFE T_ 15.2 Substantial increase in demand upon 1 5.1 a uces numbers of any rare/unique/endangered existing sources of energy species 1 15.3 Wasteful use of energy 1 5.2 Deterioration/displacement of valuable habitat 1 6.0 HUMAN HEALTH/SAFETY-Potential for causing injury i nesses 7.0 NOISE Explanation of Ratings 1 7.1ncT- reases existing noise levels 7 7.2 Increases exposure to high noise levels "0" Insufficient Information 8.0 LIGHT AND GLARE Insufficient information is available for this 1 8.1 Production o g are, which will adversely affect category and pro.ect to determine the potential residential areas environmental ef�ects which may result from 1 8.2 Exposure of residences to high levels of glare the proposed project. 9.0 LAND USE "I" No Significant Environmental Effect 1 9.1ncoT-mpatible with adopted plans and policies 9.2 Accelerates growth rate In this category, the proposed project will not 9.3 Induces unplanned growth have an adverse environmental effect, or any f__ 9.4 Causes adverse change in existing or planned area such effect is not substantially unusual or of characteristics undesirable magnitude. This rating is also 10.0 TRANSPORTATION AND CIRCULATION utilized in cases where the category is not 2 10.1 Generation of vehicle traffic sufficient to cause capacity applicable to the project under consideration. deficiencies on existing street system "2" Moderate Environmental Effect 1 10.2 Cumulative increase in traffic on a mayor street for which capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists, bicyclists, or In this category, the proposed project could pedestrians have an adverse environmental effect which is 1 10.4 Routes non-residential traffic through residential area of sufficient magnitude to be of some concern. f__ 10.5 Insufficient or poorly located parking However, this effect is not substantial enough 7 10.6 Substantial increase in rail and/or air traffic in itself to require preparation of an Environ- mental Impact Report, and is mitigable through 11.0 URBAN SERVICES project changes and conditions. 1 11.1 Availability o ire protection _T_ 11.2 Lack of emergency vehicle access "311 Significantly Adverse Environmental Effect f__ 11.3 Adequacy of design for crime prevention f__ 11.4 Overcrowding of school facilities The environmental effect identified in this 1- 11.5 Availability of water mains of adequate size category substantiates in itself, or contributes 11.6 Availability of sewer line and treatment capacity toward, a finding that the proposed project has f- 11.7 Availability of storm water drainage facilities (on or off- a potentially significant adverse effect on the site) environment sufficient to require the 1 11.8 Availability of adequate park and recreation areas preparation of an Environmental Impact Report. _T_ 11.9 Unusually high solid waste generation LL. • d k Y„ WLO 2 RIM -M O a ,T 0 i Cf`9 ,bT 11 f Vc �. 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Code §6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-04-82 has been filed with the City of Fresno by Lennar Homes, Inc./Cambridge Homes, Inc. on behalf of the property owners listed below to rezone property as described hereinbelow; and Property owners: Raymond W. Brown and Shirley T. Brown Sharon K. Dale, Trustee Edward Darrel Fanucchi Ruben Lerma and Jennie Lerma Public Properties, Inc., a California Corporation Charles E. Rapp and Dorothy J. Rapp, Trustees WHEREAS, the West Area Community Plan Citizens Advisory Committee considered Rezone Application No. R-04-82 and related Vesting Tentative Tract Map No. 5406/UGM at its meeting of December 13, 2004, and recommended approval; and, Ordinance Amending Official Zone Map Rezone Application No. R-04-82 Page 2 WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 20th day of April 2005, to consider Rezone Application No. R-04-82 and its related Environmental Assessment No. T-5406/R-04-82. During this hearing, the Commission recommended to the Council of the City of Fresno approval of the subject rezone application which proposes to amend the Citys Zoning Ordinance on real property described hereinbelow from the RR (Rural Residential, Fresno County zoning) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management Area) zone district; and, WHEREAS, the Council of the City of Fresno, on the 17th day of May 2005, received the recommendation of the Planning Commission. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds, in accordance with its own independent judgment, that there is no substantial evidence in the record that the rezoning may have a significant adverse effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Master Environmental Impact Report (MEIR No. 10130) dated March 31, 2005, prepared for Environmental Assessment No. T-5406/R-04-82. Accordingly, the Finding of Conformity for Environmental Assessment No. T-5406/R-04-82 is hereby approved. Ordinance Amending Official Zone Map Rezone Application No. R-04-82 Page 3 SECTION 2. The Council finds, pursuant to Section 12-403-B.2.b(1) of the Fresno Municipal Code, that the requested R-1/UGM zone district is consistent with the medium and medium-low density residential planned land use designations pertaining to this property as specified by the 2025 Fresno General Plan and West Area Community Plan SECTION 3. The Council ordains that the zone district of the real property described hereinbelow, located in the County of Fresno but within the Sphere of Influence of the City of Fresno, is reclassified from the Fresno County RR (Rural Residential) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management Area) zone district: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: THE SOUTH 19/40THS OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUAZRTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN: 312-062-20; and REAL PROPERTY SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA: PARCEL 1 OF PARCEL MAP NO. 2456 RECORDED IN BOOK 15 AT PAGE 93 OF PARCEL MAPS, FRESNO COUNTY RECORDS. APN 312-062-16 5099 WEST SHIELDS, FRESNO, CA; and IMPROVED REAL PROPERTY SITUATED IN THE COUNTY OF FRESNO STATE OF CALIFORNIA, PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MDB&M, TOGETHER WITH ALL OR ANY INTEREST IN THE PUMPING PLANT ON THE SOUTH 19/40 OF THE NORTH OE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION. COMMONLY KNOWN AS: 2623 N. CORNELIA, FRESNO CA 93722 APN: 312-062-21; and LOT 9 of TRACT No. 3207, WESTERN ESTATES, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 38 PAGE 60 OF PLATS, FRESNO COUNTY RECORDS. APN: 312-062-15; and Ordinance Amending Official Zone Map Rezone Application No. R-04-82 Page 4 PARCEL 2 OF PARCEL MAP No. 3798, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 24 PAGE 71 OF PARCEL MAPS, FRESNO COUNTY RECORDS. APN 312-062-17; and THE NORTH 21/40THS OF THE NORTH HALF OF THE SOUTHEAST % OF THE NORTHEAST % OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN 312-062-19; SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage and upon annexation of the subject property to the City of Fresno. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By Deputy Rezone Application No. R-04-82 Filed by Lennar Homes, Inc./Cambridge Homes on behalf of six underlying property owners Assessor's Parcels Nos. 312-062-15, -16, -17, -19, -20, and -21 Recording Requested by: City Clerk, Fresno, California No Fee--Govt. Code §6903 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-04-82 has been filed with the City of Fresno by Lennar Homes, Inc./Cambridge Homes, Inc. on behalf of the property owners listed below to rezone property as described in Exhibit A, attached. Property owners: Refer to Exhibit A WHEREAS, the West Area Community Plan Citizens Advisory Committee considered Rezone Application No. R-04-82 and related Vesting Tentative Tract Map No. 5406/UGM at its meeting of December 13, 2004, and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 20th day of April 2005, to consider Rezone Application No. R-04-82 and its related Environmental Ordinance Amending Official Zone Map Rezone Application No. R-04-82 Page 2 Assessment No. T-5406/R-04-82. During this hearing, the Commission recommended to the Council of the City of Fresno approval of the subject rezone application which proposes to amend the City's Zoning Ordinance on real property described hereinbelow from the RR (Rural Residential, Fresno County zoning) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management Area) zone district; and, WHEREAS, the Council of the City of Fresno, on the 17th day of May 2005, received the recommendation of the Planning Commission. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds, in accordance with its own independent judgment, that there is no substantial evidence in the record that the rezoning may have a significant adverse effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Master Environmental Impact Report (MEIR No. 10130) dated March 31, 2005, prepared for Environmental Assessment No. T-5406/R-04-82. Accordingly, the Finding of Conformity for Environmental Assessment No. T-5406/R-04-82 is hereby approved. SECTION 2. The Council finds, pursuant to Section 12-403-B.2.b(1) of the Fresno Municipal Code, that the requested R-1/UGM zone district is consistent with the medium and medium-low density residential planned land use designations pertaining to this property as specified by the 2025 Fresno General Plan and West Area Community Plan SECTION 3. The Council ordains that the zone district of the real property described hereinbelow, located in the County of Fresno but within the Sphere of Influence of the City of Ordinance Amending Official Zone Map Rezone Application No. R-04-82 Page 3 Fresno, is reclassified from the Fresno County RR (Rural Residential) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management Area) zone district: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, UNINCORPORATED AREA,AND IS DESCRIBED AS FOLLOWS: THE SOUTH 19/40THS OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUAZRTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN: 312-062-20; and REAL PROPERTY SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA: PARCEL 1 OF PARCEL MAP NO. 2456 RECORDED IN BOOK 15 AT PAGE 93 OF PARCEL MAPS, FRESNO COUNTY RECORDS. APN 312-062-16 5099 WEST SHIELDS, FRESNO, CA; and IMPROVED REAL PROPERTY SITUATED IN THE COUNTY OF FRESNO STATE OF CALIFORNIA, PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MDB&M, TOGETHER WITH ALL OR ANY INTEREST IN THE PUMPING PLANT ON THE SOUTH 19/40 OF THE NORTH OE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION. COMMONLY KNOWN AS: 2623 N. CORNELIA, FRESNO CA 93722 APN: 312-062-21; and LOT 9 OF TRACT No. 3207, WESTERN ESTATES, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 38 PAGE 60 OF PLATS, FRESNO COUNTY RECORDS. APN: 312-062-15; and PARCEL 2 OF PARCEL MAP No. 3798, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 24 PAGE 71 OF PARCEL MAPS, FRESNO COUNTY RECORDS. APN 312-062-17; and THE NORTH 21/40THS OF THE NORTH HALF OF THE SOUTHEASTI/4 OF THE NORTHEAST "/4 OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN 312-062-19; t Ordinance Amending Official Zone Map Rezone Application No. R-04-82 Page 4 SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage and upon annexation of the subject property to the City of Fresno. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By e Rezone Application No. R-04-82 Filed by Lennar Homes, Inc./Cambridge Homes on behalf of six underlying property owners Assessors Parcels Nos. 312-062-15, -16, -17, -19, -20, and -21 f CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5406/UGM CONDITIONS OF APPROVAL April 20, 2005 Southwest corner of West Shields Avenue and North Cornelia Avenue All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5406/UGM entitled "Exhibit A," dated April 18, 2005, the subdivider may prepare a Final Map in accordance with the approved tentative map and in accordance with the street name changes required by the Planning and Development Department (see attached Street name Review list, dated December 22, 2004. 2. Development and use of this property is subject to compliance with the mitigation measures specified in City of Fresno Environmental Assessment (EA) No. T-5406/ R-04-82. 3. Vesting Tentative Tract Map No. 5406/UGM is subject to Council approval of related Rezone Application No. R-04-82. 4. The proposed tentative tract map shall be annexed to the City of Fresno concurrent with, or prior to, Final Tract Map approval, pursuant to all required fees and policies of the Fresno County Local Agency Formation Commission and the City of Fresno. r Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 2 5. Prior to final map approval, the owner of the subject property shall execute a "Right to Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The "Right to Farm" covenant shall be recorded prior to or concurrent with the recording of the final map of Tentative Tract No. 5406/UGM. 6. The subdivider shall submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno_Municipal Code). Approval of the grading plan is required prior to Final Map approval. If there are, or have been, underground or above-ground liquid fuel tanks previously sited on the project, the soils report shall include testing for contamination related to these tanks. Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Stormwater pollution prevention regulations must be complied with during project grading and construction. 7. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 8. Pedestrian and public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno (refer to the attached letter from Pacific Gas and Electric Company, dated March 29, 2005). 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. 9. Right-of-way and easement acquisition in the County of Fresno must be approved by the Fresno County Board of Supervisors. 10. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; City Council Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and the current City of Fresno Public Works Standard Specifications, including any amendments thereto. Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 3 11. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Council Resolutions Nos. 79-606 and 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 12. 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. 13. 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. 14. Relinquish access rights to West Shields and North Cornelia Avenues from all lots in the subdivision (lots which abut these streets are required to have back-up, or side-on, treatment consisting of a solid masonry wall behind a landscape strip). Reference: Section 12-1011-f-3 of the Fresno Municipal Code and the attached memoranda from the Public Works Department Engineering Division Traffic. Engineering Section dated December 21 and 29, 2004. 15. Relinquish direct vehicular access rights to the north property line of Lot 100. 16. Relinquish direct vehicular access rights to the south property line of Lot 13 and the south property line of the remainder parcel. 17. Relinquish direct vehicular access rights to the west property line of Lot 35. LANDSCAPING AND WALLS 18. Provide a 20-foot landscape, pedestrian, and bike trail easement with irrigation system for the landscaping along the side or rear property lines of lots which side-onto or back- onto West Shields Avenue, and a 15-foot landscape and pedestrian easement and irrigation system along the side or rear property lines of lots which side-onto or back- onto North Cornelia Avenue (West Area Community Plan Policies W-3-b and W-3-c). A landscape easement shall be required on the remainder, pursuant to Subdivision Map Act subsection 66426.6(a)(2)(B) calling for orderly development. Major street landscaping shall be installed concurrently with street improvements, and shall conform to City of Fresno xeriscape standards and Public Works Department street tree requirements. 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. The 2025 Fresno General Plan includes design guidelines applicable to landscaping and construction. A copy of these adopted guidelines is attached. The Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 4 landscaping strips may be interrupted by installation of a permanent bus stop noted in Central Unified School Districts letter regarding this tract(dated January 10, 2005). 19. 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. 20. A six-foot (6) high masonry wall shall be constructed at the rear of the required landscape and pedestrian easements (in the rear, or side, yards of lots which back, or side, onto West Shields and North Cornelia Avenues), to meet the requirements of Fresno Municipal Code Section 12-306-H. Construction plans for this wall, showing architectural appearance and location on the tract, shall be submitted to the Planning and Development Department for review prior to Final Tract Map approval. Anti-graffiti landscaping shall be installed along school bus stops to protect the exterior surface (street side) of the required masonry wall. 21. If the wall may be maintained by the Community Facilities District, it will have to be built in the designated landscape and pedestrian easement. If the wall cannot be maintained by the Community Facilities District, or if it is to be maintained by the individual homeowners, it will have to be built outside of the designated landscape/pedestrian (/bike trail) easement. If the wall is to be maintained by the homeowners association, it may be built on either side of the boundary of the landscape and pedestrian easement. 22. Provide median island landscaping in West Shields Avenue (refer to Public Works Department Engineering Division Traffic Engineering Manager memorandum dated December 30, 2004). This landscaping, and its irrigation system, shall be installed concurrent ,with street improvements and shall conform to City of Fresno xeriscape standards. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Public Works Department Engineering Division for review prior to Final Map approval. 23. Maintenance of the required median island concrete work and landscaping to the center of West Shields Avenue, and maintenance of the landscape/pedestrian(/bike path) easements along West Shields and North Cornelia Avenues, shall be either the responsibility of a City Community Facilities District or a homeowner's association (refer to the Public Works Department memorandum dated December 23, 2004). Contact the Public Works Department, Engineering Services Division staff for information regarding the City's Community Facilities.District. 24. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 5 25. Should the City Council not approve the annexation of such landscape areas into a 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&Rs) 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&Rs, dated January 11, 1985. 26. Required walls, landscaping, and any fences installed on tract lots in this subdivision shall incorporate corner cut-off provisions for safe visibility at street intersections. In accordance with FMC Section 12-306-H-3.d., corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. 27. If above-ground communication equipment is to be installed in landscape/pedestrian/ bike path easement areas, it shall be located within an .easement dedicated for that purpose and acceptable to the utility company and screened from public view by the proposed landscaping. It shall not encroach into required corner cutoffs. 28. Provide front yard landscaping for homes developed on subdivision lots (per West Area Community Plan policy W-4-c), incorporating City of Fresno xeriscape standards for water conservation. One tree shall be required in each front yard, in addition to the street tree required for each 60 lineal feet of street frontage (refer to the Public Works Department memorandum, dated December 30, 2004). BUILDING SETBACKS 29. Building setbacks shall be in accordance with the R-1/UGM zone district (FMC Section 12-211.5-E), the provisions of Fresno Municipal Code Section 12-207.5-E-1-c, and the applicable West Area Community Plan policies (copy attached). Maintain a minimum of twenty feet (20'), measured from the front of garages to the back or inside edges of walks, in order to ensure that ADA requirements are satisfied. Lot 222 is a reverse corner lot, requiring a 15' setback along its northerly side. 30. A 10-foot building setback is required on the northerly side of Lot 223 (a "Key Lot"), in accordance with Fresno Municipal Code Section 12-1011. 31. Information shall be provided on the Final Tract map regarding the location of any approved or proposed covered parking for the remainder, as noted in the Department of Public Works Engineering Division Traffic Engineering memorandum dated Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 6 December 29, 2004. That parking structure shall conform to, or be brought into conformance with, the City of Fresno Zoning Ordinance and shall be so located and oriented as to permit a turnaround so that vehicles are not backing onto North Cornelia Avenue. Any gate on the remainder parcel shall be constructed or relocated so that it is set back at least twenty feet (20') from the curb face of North Cornelia Avenue, in order to prevent vehicle stacking into the travel lane of North Cornelia Avenue while the gate is being opened. These requirements are imposed for health and safety purposes pursuant to Subdivision Map Act subsection 66426.6(a)(2)(A). INFORMATION 32. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees (refer to the January 10, 2005 letter from Central Unified School District). 33. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 34. 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. 35. 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, the requirements of the City of Fresno Department of Public Utilities Water Division, the San Joaquin Valley Unified Air Pollution Control District, and Fresno County Environmental Health. 36. 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 Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 7 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. 37. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 38. The subdivider shall comply with San Joaquin Valley Air Quality Pollution Control District Rules, including Regulation VIII of the for the control of particulate matter and fugitive dust during construction of this project (refer to the attached letter from the District, dated December 16, 2004), and shall conform to the Indirect Source Review Rule as may be adopted and applicable to Final Tract(s) or building permits. 39. Solid waste disposal for the subdivision shall be provided by the City of Fresno Department of Public Utilities Solid Waste Division. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager. The attached Solid Waste Division memorandum, dated December 14, 2004, sets specific requirements. If the project area is to be developed in phases, there shall be no dead-end streets; all streets shall connect to one another, or a turnaround shall be provided at the end of a street, or covenants shall be filed on dead-end streets requiring owners to place their Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 8 containers on the local street frontage edge of adjacent lots which are accessible for solid waste service. All turnarounds shall be large enough to accommodate a solid waste vehicle with turning radius of 44 feet, and shall be kept clear of all parked vehicles on collection day. PARK SERVICE AND STREET TREES 40. Comply with requirements set forth in the Public Works Department memorandum for street tree and major street landscaping requirements for Vesting Tentative Tract Map No. 5406/UGM, dated December 30, 2004(contact Nancy Morrison at 559-621-8690). Urban Growth Management Requirements 41. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 42. The proposed tract is located within two (2) miles of Fire Station No. 16. The attached Fresno Fire Department Memorandum, dated December 8, 2004, outlines requirements for this subdivision. 43. There shall be at least two points of access to any phase of the subdivision during construction. Final tract map plans shall be submitted to the Fire Prevention Bureau for review. Urban Growth Management Requirements 44. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY 45. The subdivider/developer shall comply with the requirements outlined in the Public Works Department Engineering Division Traffic Engineering memoranda dated December 21 and 29, 2004. 46. All street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (most current edition in place at the time an application is made for Final Tract approval). The first order of work shall include a minimum of two points of access to the major streets for any phase of this development. Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 9 47. 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. 48. 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 sidewalk ramp right-of-way is required to be dedicated, and ramps are required to be constructed in sidewalks, at all corners within the limits of the tract including lots 13, 35, 36, 100, and the remainder(identify corner cut dedications on all interior streets). Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 49. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011(h). 50. 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. 51. All dead-end streets 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. This requirement will apply to "stub" streets created by phasing this overall tentative tract map, and it will apply to the required street connection from West Brown Avenue at the boundary with abutting Tentative Tract Map No. 5300/UGM until that connection is effected. 52. 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: 53. General: Central, Unified School District is requesting construction of at least one permanent bus stop along major street frontage in this subdivision (refer to the attached Central Unified letter dated January 10, 2005). The design and location of this/these bus stop(s) are. subject to Public Works Department Engineering Division review and approval. Contact David Deel at Central Unified, ph. 559-276-5203. Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 10 54. West Shields Avenue (Arterial): a. Dedicate and improve 55' to 57' of property from the section line (centerline) for public street purposes within the limits of this subdivision to meet City of Fresno arterial street and UGM. standards. Dedicate additional right-of-way as necessary to incorporate the required pedestrian/bike path trail required along West Shields. This additional dedication for trail use may be contiguous with all, or part, of the required landscape easement. b. Construct concrete curb, gutter, sidewalk/pedestrian path, and bike path to Public Works Standards (including P-59 and P-60) for the Bicycle/Pedestrian Trail, or obtain Public Works Department approval for alternate sidewalk/pedestrian and bike path design. C. Construct twenty feet(20') of permanent paving within the limits of this subdivision. d. Construct/install the underground street lighting system to Public Works Standards E-1 and E-7 for Arterial Streets. g. Dedicate corner cuts for proposed wheelchair ramps at the northwest and southwest corner of Shields and Cornelia Avenue, and at the southeast and southwest corners of Shields and Dante Avenues (Forestiere Avenue is to be re- named Dante Avenue per the Street Name Review chart dated December 22, 2004). h. Relinquish direct vehicular and pedestrian access from lots to Shields Avenue. 55. Cornelia Avenue (Collector): a. Dedicate and improve forty-seven feet (47') to fifty-five feet (55') of property from the section line (centerline) for public street purposes within the limits of this subdivision to meet City of Fresno Collector Street and UGM standards. b. On tract lots and the remainder, construct concrete curb, gutter, and sidewalk to Public Works Standard P-S. Construct sidewalk to a ten-foot (10') residential pattern, or obtain Public Works Department approval for alternate appropriate residential sidewalk design (e.g., City meandering sidewalk standard) to be located within a dedicated landscape and pedestrian easement. C. Construct twenty feet (20') of permanent paving (measured from the face of the curb)within the limits of this subdivision. d. Construct/install an underground street lighting system to Public Works Standards E-1 and E-8 for Collector Streets. e. Construct an 80-foot bus bay with curb, gutter, and 10' monolithic sidewalk in North Cornelia Avenue, at its West Shields Avenue, corner to Public Works Standard P-73. Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 11 f. Relinquish direct vehicular and pedestrian access from all subdivision lots to Cornelia Avenue. g. Construct concrete driveway approaches to Public Works Standards P-1 and P-4 for the remainder and for Assessor's Parcel No. (APN) 312-062-18. This requirement is imposed for health and safety purposes and to effect orderly development pursuant to Subdivision Map Act subsections 66426.6(a)(2)(A) and (B). K The developer shall be required to obtain any required dedications and to construct street improvements so that two southbound travel lanes acceptable to the City Public Works Department are provided along the North Cornelia Avenue frontage of the remainder and Assessor's Parcel No. 312-062-18. References: 2025 Fresno General Plan Policies Nos. E-1-c, E-1-j, E-1-n, E-3-e; West Area Community Plan Policies W-1-c and W-2-d; FMC Section 11-226(f)(6), and Subdivision Map Act subsections 66426.6(a)(2)(A) and (B). i. An asphalt pedestrian path at least six feet (6') wide, meeting standards for a"safe route to school" and handicap access, shall be constructed along North Cornelia Avenue on this parcel. Reference: 2025 Fresno General Plan Policies Nos. E-1-c, E-1-j, E-1-n, E-3-e; West Area Community Plan Policies W-1-c and W-2-d; FMC Section 11-226(f)(6), and Subdivision Map Act subsections 66426.6(a)(2)(A) and (B). 56. Ashlan/99 Interchange (State highway facility): Prior to the issuance of building permits, the developer will pay a State Highway Facilities Fee of either: (a) an amount of$8,124 as requested by Caltrans in their letter dated March 1, 2005 (copy attached); or (b) an amount proportionate to the share of responsibility for state highway improvements as determined by the Traffic Impact Study dated October 2004, prepared by TPG Consulting, Inc. (and future revisions as may be necessary) and the 2004-2005 Fresno County Council of Governments Fresno/Madera Freeway Deficiency Study(ies). Imposition of this condition is dependent upon the City of Fresno and Caltrans having an executed agreement for the City to collect and administer this State Highway Facilities Fee. Interior Streets: 57. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de- sacs, and underground street lighting systems on all interior local streets to Public Works Standards for fifty-foot (50') and fifty-four foot (54') Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for all interior streets. All local Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 12 streets connecting to West Shields and North Cornelia shall be fifty-four foot (54') streets, per Public Works Standard API-1. 58. Cross sections identifying median islands shall provide a minimum of 20' from curb to curb. Reference: Public Works Policies and Procedures Manual FY03-002. UGM Requirements: 59. This tract map is in UGM major street zone E-4; therefore pay all applicable UGM fees. 60. West Shields Avenue (Arterial): a. Dedicate and construct (2) two 17' center section travel lanes and a raised concrete median, with a 250-foot long left turn pocket for eastbound traffic at the Cornelia Avenue intersection, within the limits of this subdivision. b. Dedicate sufficient right-of-way, and construct additional paving, for eastbound to westbound U-turns at the intersection of Shields and Cornelia Avenues (refer to Exhibit B attached to the Department of Public Works Engineering Division Traffic Engineering section memorandum dated December 29, 2004). C. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a fifty-five (55) mile per hour (MPH) design speed. d. Install a signal pole with a 15-watt safety light, to Public Works Standards, at the southwest corner of West Shields and North Cornelia Avenues. 61. North Cornelia Avenue (Collector): a. Dedicate and construct (2) two 17' center section travel lanes from West Shields Avenue to West Clinton Avenue, with 250-foot long left turn lanes at the intersections of Cornelia & Shields and Cornelia & Clinton Avenues. An additional six feet (6') of paving shall be required adjacent to these 250' left turn lanes. b. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a forty-five (45) mile per hour (MPH) design speed. C. Improve the westerly (southbound) half of North Cornelia Avenue across the frontage of APN 312-062-18 as required by preceding Condition No. 55. The developer shall be responsible for obtaining any dedications and easements necessary. Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April,20, 2005 Page 13 Specific Mitigation Requirement: 62. This tract will generate 193 A.M. / 260 P.m. peak hour trips; therefore, a Traffic Impact Study (TIS) was required to comply with the mitigation measures contained in City of Fresno Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 General Plan update and for adoption of the West Area Community Plan. The TIS was reviewed by the Public Works Department Engineering Division, and the following traffic mitigation requirement was derived from the study(refer to the attached January 7, 2005 letter to TPG Consulting from Jose Luis Benavides of Public Works Department Engineering Division Traffic Engineering): The subdivider/developer shall signalize the intersection of West Shields and North Blythe Avenues this intersection to City of Fresno standards, placing signalization equipment at its ultimate location based on the 2025 Fresno General Plan Circulation ,Element map, and providing actuation, left turn phasing, and signal pre-emption. Costs paid toward this signalization when other projects participate in the TSMI program, or eligible work done on this signalization by this developer, can offset Traffic Signal Mitigation Impact (TSMI) fee obligations of this subdivision because this intersection is included in the City's TSMI program. Eligible Work done by this developer in excess of this projects TSMI fee obligation shall be reimbursable under the City's TSMI program, as approved by the Public Works Department. FRESNO AREA EXPRESS 63. As noted in the Department of Public Works Engineering Division Traffic Engineering memorandum dated December 29, 2004, dedication and development of a Fresno Area Express bus turnout is required on the North Cornelia Avenue frontage on the south side of the Shields/Cornelia intersection (refer to Condition No. 55.e., above). SANITARY SEWER SERVICE Per the Department of Public Utilities Planning and Engineering memorandum, dated December 30, 2004 (copy attached), the nearest existing sanitary sewer. main capable of serving this project is a 45-inch sewer main in North Cornelia Avenue. In order to provide sanitary sewer service to the tract, the following items are also required: 64. Extension of a 12-inch sanitary sewer main in West Shields Avenue from North Cornelia Avenue west across the project frontage. 65. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each tract lot created, to each house on the remainder, and to each house on APN 312-062-18 as a health and safety requirement and to provide for orderly development under Subdivision Map Act subsections 66426.6(a)(2)(A) and (B). 66. All existing private sanitary sewer systems on tract lots shall be properly abandoned, with issuance of permits for related grading and plumbing work. As a health and safety measure under Subdivision Map Act subsection 66426.6(a)(2)(A), all private sanitary Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 14 sewer systems on the remainder shall be abandoned. The owner of APN 312-0062-18 shall be notified of mandatory sewer connection requirements. 67. Sewer mains shall be constructed at all locations where the installation of permanent street pavement is required. 68. All public sewer facilities shall be constructed in accordance with City of Fresno Public Works Department standards, specifications and policies. 69. The developer's engineer shall provide a preliminary sewer layout for Department of Public Utilities review prior to submitting plan and profile drawings for plan check and prior to submittal of any Final Map(s)for this tract. 70. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Urban Growth Management Requirements 71. This project is located in Oversize Sewer Area #22, in the Cornelia Trunk Sewer Service Area, and has impacts on sewer laterals and wastewater facilities. Sewer connection charges are due and shall be paid for the project (refer to Condition No. 90, below, for applicable charges). WATER SERVICE The nearest City of Fresno Water main capable of serving this project are fourteen-inch (14") transmission grid mains located in North Cornelia Avenue at West Clinton Avenue and south of West Garland Avenue. The following are required to provide water service to this subdivision (refer to the attached Department of Public Utilities memorandum dated December 30, 2004): 72. Two independent sources of water, meeting Federal and State Safe Drinking Water 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 (to City standards) or other acceptable sources of water supply approved by the City of Fresno Water Systems Manager. 73. Extend (construct) a 14-.inch transmission grid water main (including installation of public fire hydrants to City Public Works Standards) in North Cornelia Avenue from West Clinton Avenue north to the existing portion of the main at West Garland Avenue (north of West Shields Avenue). 74. Construct) a 14-inch transmission grid water main (including installation of public fire hydrants to City Public Works Standards) in West Shields Avenue from North Cornelia Avenue west across the project frontage. 75. Water mains (including installation of public fire hydrants to City Public Works Standards) shall be extended within the proposed tract to provide water service to each lot created. Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 15 76. Water mains shall be installed before street improvements and paving. 77. Separate water services with meter boxes and water meters shall be provided to each tract lot created and to each house on the remainder as a health and safety requirement and to provide for orderly development under Subdivision Map Act subsections 66426.6(a)(2)(A) and (B). A water service with meter box shall be provided for each house on APN 312-062-18, for future connection as a health and safety requirement and in order to provide for orderly development under Subdivision Map Act subsections 66426.6(a)(2)(A) and (B). 78. All public water facilities shall be constructed in accordance with City of Fresno Public Works Department standards, specifications, and policies. 79. Engineered improvement plans, prepared by a Registered Civil Engineer, are required for proposed additions to the City water system. 80. Existing private wells within the boundaries of the tract map shall be sealed and abandoned in compliance with the California Well Standards, Bulletin 74-90 and its current revisions issued by California Department of Water Resources, and according to City of Fresno Department of Public Utilities Water Division standards, with appropriate construction permits for related plumbing, electrical and grading work. The private domestic well on the remainder shall also be abandoned as a health and safety requirement under Subdivision Map Act subsection 66426.6(a)(2)(A). Urban Growth Management Requirements 81. This project is located in Water Service Area 301s and UGM Water Supply Area 301S. Payment of appropriate water connection charges is required at the time of final map approval, (refer to Condition No. 90, below, for applicable charges). FRESNO IRRIGATION DISTRICT 82. Fresno Irrigation District has no facilities on the subject property and has imposed no requirements (refer to the attached letter from the District, dated December 10, 2004). FLOOD CONTROL AND DRAINAGE 83. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 84. 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, FMFCD's Notice of Requirements for Vesting Tentative Tract No. 5406/UGM (dated January 5, 2005) lists the construction and easement requirements and fee obligations of the subdivider/developer. Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 16 85. Temporary ponding basins will be created through a covenant between the City and the Developer prior to final map approval. Attached is a copy of Public Works Standard P-62 for construction of temporary ponding basins, as revised in December 2004. 86. Any temporary ponding basins constructed to provide service to the subdivision shall be constructed in accordance with City standards and shall be fenced within seven (7) days from the time the basin becomes operational or as directed by the City Engineer. Maintenance of temporary ponding basins shall be by the Developer until permanent service for the entire subdivision is provided. In order to inhibit mosquito breeding, the on-site temporary ponding basins shall be constructed and maintained consistent with "Guidelines for Ponding Basin / Pond. Construction and Management" (guideline document attached with Centers for Disease Control publication). Fresno Mosquito & Vector Control District shall be given access to any temporary on-site ponding basins for inspection and vector control purposes. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 87. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 88. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 89. The developer will be responsible for the acquisition of any necessary right-of-way and/or easements to construct required improvements. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, traffic signal installation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. Easement acquisition will be necessary for installation and relocation of off-site facilities such as sewer and water mains, irrigation pipelines, and drainage facilities. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 17 acquisition either through negotiation or through its power of eminent domain. As noted previously in these Conditions of Approval, right-of-way and easement acquisition in the County of Fresno must be approved by the Fresno County Board of Supervisors. 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. DEVELOPMENT FEES AND CHARGES 90. This project is subject to the development fees and charges set forth on the following two pages, as estimated by the Planning and Development Department Land Division and Engineering Section in December 2004. Pursuant to California Gov't. Code §66020(d)(1), a protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. All improvements and payments to be completed with development. SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/ sq. ft. (to 100' depth) C. Oversize Charge* $0.05/ sq. ft. (to 100' depth) d. Trunk Sewer Chargee $419/ living unit Service Area: Cornelia WATER CONNECTION CHARGES FEE RATE e. Wastewater Facilities Charge* $2,119/ living unit f. Copper Avenue Sewer Lift Station Charge* N/A g. Fowler Trunk Sewer Interim Fee Surety* N/A h. House Branch Sewer Charger N/A M Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 18 WATER CONNECTION CHARGES FEE RATE i. Millbrook Overlay Sewer* N/A j. Service Connection Charge Fee based on service(s)and meter(s)sizes specified by owner;fee for service(s)and Meter(s)established by the Master Fee Schedule. k. Frontage Charge* $6.50 / lineal foot I. Transmission Grid Main Charge* $643 /gross acre (parcels 5 gross acres or more) M. Transmission Grid Main Bond Debt* $243 /gross acre Service Charge . (parcels 5 gross acres or more) n. UGM Water Supply Feev Service Area: 301S $508 / living unit o. Well Head Treatment Feel► $221 / living unit Service Area: 301 p. Recharge Feel► $0 / living unit Service Area: 301 q. 1994 Bond Debt Service* $60 / living unit equivalent Service Area: 301 DEVELOPMENT IMPACT FEE FEE RATE r. Traffic Signal Charge* $414.69/ living unit S. Northeast Fresno Policing Area. N/A URBAN GROWTH MANAGEMENT FEE RATE t. UGM Fire Station Capital Fee* $1,242 /gross acre Service Area: 16 U. UGM Park Fee* $1,783 / gross acre Service Area: 4 V. Major Street Charge* $3,531 /adj. acre Service Area: E-4 W. Major Street Bridge Charge* $196 /adj. acre Service Area: E-4 rv� X. UGM Grade Separation Fee* N/A d. a Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 19 URBAN GROWTH MANAGEMENT FEE RATE y. UGM Trunk Sewer Charge* N/A Service Area: Z. Street Acquisition/Construction Charger N/A Fee Notes: 4 Due at time of development r Due at time of subdivision Deferrable through Fee Deferral Covenant Attachments: Street Name Review list prepared by the Planning and Development Department, dated December 22, 2004 Letter from Pacific Gas and Electric Company, dated March 29, 2005 Memoranda from the City of Fresno Public Works Department, Engineering Division, Transportation Planning Section, dated December 21 and 29, 2004 2025 Fresno General Plan Design Guidelines Letter from Central Unified School District, dated January 10, 2005 with proposed design for permanent school bus bays Memorandum from Nancy Morrison, Public Works Department Project Manager, dated December 30, 2004 Memorandum from Joe Paff, Engineering Technician, Public Works Department, dated December 23, 2004 Applicable policies from the West Area Community Plan, adopted November 2002 Letter from the San Joaquin Valley Unified Air Pollution Control District, dated December 16, 2004. Memorandum from City of Fresno Department of Public Utilities Solid Waste Division, dated December 14, 2004 Fresno Fire Department memorandum, dated December 8, 2004 Letter from the California Department of Transportation District 6, dated March 1, 2005 Letter to TPG Consulting from Jose Luis Benavides of Public Works Department Engineering Division Traffic Engineering, dated January 7, 2005 Conditions of Approval for Vesting Tentative Tract Map No. 5406/UGM April 20, 2005 Page 20 Memorandum from the City of Fresno Department of Public Utilities Planning and Engineering Division, dated December 30, 2004 Letter from Fresno Irrigation District, dated December 10, 2004 Fresno Metropolitan Flood Control District.Notice of Requirements for Tract No. 5406, dated January 5, 2005 City of Fresno Public Works Standard No. P-62 for Temporary Ponding Basin construction (revised December, 2004) City of Fresno Guidelines for Ponding Basin / Pond Construction and Management to Control Mosquito Breeding, dated October 29, 2004, and Centers for Disease Control and Prevention "Stormwater Management and Vector Breeding Habitats" publication K:\Common\Master Files-Tract Maps\T-5406,R-04-82 08 Amended COA.doc Street Name ,-Review, TM-5406 12-22-04 Street Name Status Required Change West Shields Avenue Good West Hunter Avenue Good West Simpson Avenue Good 'Blank' Add West Simpson Avenue West Cornell Avenue Good W. Cornell Avenue Chane West Cornell Avenue West Amherst Avenue Good West Michigan Avenue Good West Princeton Avenue Good 'Blank' Add West Princeton Avenue West Brown Avenue Good North Forestiere Avenue Chane North Dante Avenue _ North Cleo Avenue Good North Brix Avenue Good North Cornelia Avenue Good Pacific Gas and & Electric Company® Corporate Real Estate 650"0"Street,Bag 23 South Valley Land Services Fresno, CA 93760.0001 March 29, 2005 Development Department Engineering Services Division Land Division Section APR 0 4 2005 2600 Fresno Street, Room 3043 Fresno, CA. 93721-3604 Planning Division Attn: Ms. Sandra Brock Development Departmen lr OF FRESNO Dear Ms. Sandra Brock, We have reviewed Tentative Tract Map No. 5406. PG&E requests that a Public. Utility Easement (PUE), ten feet ('1.0'). in width, be dedicated contiguous to all street(s) boundaries located within and along any portion of said Tract Map boundaries fronting any street(s) lying outside of said Tract Map. PG&E also requests that,a PUE be incorporated within all private roads. PG&E may further require an easement from the property owner(s) over the newly created PUE's. The exact size and locations of the PUE's together with the need for an easement will be finalized on the final map review. PG&E's records show no gas transmission facilities in the area,' however, on the east side of North Cornelia Ave. exists PG&E's Kearney:' Biola 70KV electric transmission, line that could be affected by the developer's road improvement plans. Existing gas or electric facility relocations necessitated by new street improvements (which are required as conditions of a development's final acceptance,by-the City of Fresno will.be at the expense of the developer: Thank you for the opportunity to review the plans of this. Tentative Tract Map. If you have any questions, please contact me at 263-5167. Sincerely yle Patten Lind Agent City of DATE: December 29, 2004 TO: Sandra Brock, 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 5406, Public Works Conditions of Approval (Southwest corner of Shields and Cornelia) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5406, which was submitted by Lennar Homes, Inc. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps and dedications at all corners within the limits of this subdivision. (lots 13, 35, 36 and 100, remainder and APN 312-062-18) Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. Submit the following plans, as applicable, in a single package, to the Public Works Department for review and approval: Street Construction, Signing, Striping, Traffic Signal, Streetlight, Landscape and Irrigation. Frontage Improvement Requirements: Major Streets: Cornelia Avenue: Collector 1. Dedicate 47'-55' Of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 3. Construct an 80 foot bus bay curb and gutter at the southwest corner of Cornelia and Shields to Public Works Standard P-73, complete with a 10 foot monolithic sidewalk. 4. Construct twenty (20) feet of permanent paving (measured from face of curb) within the limits of this subdivision. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 6. Relinquish direct vehicular access rights to Cornelia Avenue from all lots within this subdivision. Page 1 of 3 CALouise\TRACT MAPS\T-5406 SW COR SHIELDS&CORNELIA.doc Shields Avenue: Arterial 1. Dedicate 55'-57' of property, from section line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards 2. Construct concrete curb and gutter to Public Works Standard P-5. Construct park strip to a ten (10) foot pattern. 3. Construct twenty (20) feet of permanent paving within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to Shields Avenue from all lots within this subdivision. 6. Construct a Bicycle/ Pedestrian Trail to Public Works Standard P-59 and P-60. A Bicycle / Pedestrian Trail easement is required. Contact Public Works for details regarding the easement and Planning and Development for details regarding the cross section. Submit a copy of the proposed cross section to Traffic Planning. Interior Streets: Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for fifty (50) and fifty-four (54) foot streets. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Mitigation Requirements: . 1. This tract will generate 193 a.m. / 259 p.m. peak hour trips. A Traffic Impact Study has been submitted. Comply with the response from the Traffic Planning Manager. 2. Relinquish direct vehicular access rights to a. the north property line of lot 100. b. the south property line of lot 13. c. the west property line of lot 35. 3. The intersection of : PANTE a. Shields and Fefestiere Avenues shall be shall be designed with a full median opening to allow for left turns-in and left turns-out. 4. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 3W til 5. Full offsite improvements adjacent to the remainder on the northwest corner of Cornelia and*x shall be required for public health and safety and the orderly development of the surrounding area. Reference "The Subdivision Map Act", Chapter 1, Section 66424.6. 6. Provide a radius at the southeast corner of lot 227 and the northwest corner of lot 12. 7. WbaOfewn Avenue: Coordinate with Tentative Tract 5300 to establish a through street. The proposed location must line-up. Re-design is required. 8. North Brix Avenue: Re-design using a 200' minimum radius. 9. Entries: We recommend providing median islands at all 3 entries. The suggested cross section would be 7' sidewalk pattern, 20' thru lane, 8' median, 20' thru lane and a 7' pattern. 10. APN 312-062-18 and Remainder: Construct concrete driveway approaches to Public Works Standard P-1 and P-4. Provide garage locations to establish the driveway location. Vehicles are Page 2 of 3 CALouise\TRACT MAPS\T-5406 SW COR SHIELDS&CORNELIA.doc prohibited to back out onto a major street. If ingress and egress can only be obtained from Cornelia, then an on-site turn around must be provided. UGM Requirements: This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. Cornelia Avenue: Collector 1. Dedicate and construct (2) two 17' center section travel lanes with 250' left turn lanes, at all major intersections. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. 2. Dedicate and construct (2) two 17' center section travel lanes with 250' left turn lanes, at all major intersections from the southeast corner of this subdivision south to Clinton. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. Dedication shall be sufficient to accommodate collector standard and any other grading or transitions as necessary based on a 45 MPH design speed. 3. Install a signal pole with a 150-watt safety light to Public Works Standards at the southwest corner of Cornelia and Shields. 4. Dedicate and construct full frontage improvements adjacent to APN 312-062-18. Frontage Improvements required beyond the limit of development: F.M.C. Section 11-226(f)(6) and 2025 General Plan Policy numbers E-1-c, E-1-j, E-1-n and E-3-e. Shields Avenue:Arterial 1. Dedicate and construct(2) two 17' center section travel lanes and a raised concrete-Median Island within the limits of this subdivision. Construct a raised concrete median with a 250' left turn pocket for eastbound traffic at Shields and Cornelia. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. 2. Dedicate sufficient right-of-way and construct additional paving for eastbound to westbound U- turns at Shields and Cornelia. See Exhibit "B". Page 3 of 3 CALouise\TRACT MAMT-5406 SW COR SHIELDS&CORNELIA.doc i i i VARIES T MINo PROPERTY .LINE � r7 a z, 0 w z U J / SECTION cn . LINE i PROPERTY LINE z LU �. o � � I o . EXHIBIT B City of Fftn PUBLIC WORKS DEPARTMENT: DATE: December 21, 2004 TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manag Public Works Department, Engineering Division FROM: Louise Monroe, Supervising Engineering Technician Public Works Department, Engineering Division, Traffic Planning Sectio REZONE APPLICATION NO. R-04-082 OWNER (S): Lennar Fresno Inc. APN (S): 312-062-15, 16, 17, 19, 20, 21 FROM: R-R &AE-20 TO: R-1 LOCATION: Southwest corner of Shields and Cornelia Comments/Concerns: 1. Trip Generation a. Existing: 40 Vehicle Trips per Day (VTD) b. Proposed: 2459 Vehicle Trips per Day (VTD) AM Total Peak: 193 Trips PM Total Peak: 259 Trips 2. Highway Capacity a. Shields Avenue: Arterial 1. Existing Lanes: 2 lanes undivided 10,000 VTD 2. Year Counted: See Note Below 3. Projected Lanes: 4 lanes divided 32,000 VTD b. Cornelia Avenue: Collector 1. Existing Lanes: 2 lanes undivided 10,000 VTD 2. Year Counted: See Note Below 3. Projected Lanes: 4 lanes undivided 24,000 VTD Note: The City of Fresno's current records are either out of date or not existing at this location. In an effort to get a better understanding of traffic impacts due to the development of this property at the requested zoning, the owner/developer shall provide the City of Fresno's Traffic Planning Section with a 24 hour volume count report. The report shall show the actual "raw" count taken on a Tuesday, Wednesday or Thursday. Holidays are to be excluded. (Counts cannot be taken during any given week containing a Page 1 of 2 C:\Louise\REZONE\R-04-082 SW CORNER SHIELDS AND CORNELIA.doc federal holiday.) Contact Public Works, Traffic Planning, at (559) 621-8600, for additional information and Engineering Services at (559) 621-8690 for Street Work Permit requirements. 3. Traffic Impact Study (TIS) required: Yes If yes, the Developer/Owner should consult with the City of Fresno Traffic Engineering Section for the scope of the Traffic Impact Study (TIS). A trip trace for the proposed project should be provided prior to consulting with the Traffic Engineering Section. The TIS shall identify the mitigation measures, which would mitigate the project and/or other related projects' significant impacts to a level of insignificance. Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b. Page 2 of 2 CALouise\REZONE\R-04-082 SW CORNER SHIELDS AND CORNELIA.doc CITY-WIDE DESIGN GUIDELINES ADOPTED FOR THE 2025 FRESNO GENERAL PLAN: I. SITE DESIGN PURPOSE OF SITE DESIGN: Promote the improvement of the visual and built environment GENERAL CONSIDERATIONS 1. Site Design combines the three elements of development: 1) buildings; 2) parking and circulation; and 3) landscape and amenities. These aspects must be in proper balance. 2. Buildings shall be designed and sited so as to provide a strong functional relationship to the site and the neighborhood. Required side and rear yards should be utilized and should be integrated into the overall purposeful arrangement. Inaccessible yards and similar outdoor spaces which tend to encourage storage, gathering of trash, and weeds shall be avoided, unless approved by the Director. 3. Natural site amenities shall be recognized. Views, trees, creeks and similar features unique to the site should be preserved and incorporated into development proposals. Such features shall be considered as strong site design determinants. Disruption of existing natural features, particularly older trees, shall be minimized. 4. Building setbacks must relate to the character; of the existing streetscape. Where existing streets have been widened, thereby changing setbacks, field analysis of setback needs should be required for new buildings. 5. Site designs shall not negatively impact the immediate environment of the site. 6. Separate vehicular and pedestrian circulation systems shall be provided for larger projects. Pedestrian access to. residential developments generally shall not utilize driveways and pick-up areas. Pedestrian linkages between uses in commercial developments shall be emphasized, including distinct pedestrian access from parking areas in large commercial developments such as shopping centers. 7. Provision must be made for bicycles. Bicycle parking in residential developments should be on an all-weather surface and be located close to dwelling unit or residential development entrances. Bicycle parking shall be lockable. 8. On larger commercial sites such as shopping centers, a portion of the total building area shall be located at the street perimeter. Such siting, together with substantial landscape treatment, reinforces and strengthens the streetscape, and helps to screen off-street parking,areas. 9. Common driveways, which provide vehicular access to more than one site, are encouraged. 10. Site development shall give consideration to solar access and/or energy efficiency. 2025 Fresno General Plan City-Wide Design Guidelines Page 2 11. The siting and orientation of buildings shall respond to the pedestrian and vehicular nature of the street. Buildings on streets of high pedestrian use (such as downtown) should face on, and be directly accessible from, the sidewalk., with minimal interruption by driveways or parking areas. Buildings on streets with heavy vehicular traffic, particularly those with no on-street parking, should provide a major entry for the off- street parking area. 12. Off-street parking facilities need to be located to the rear of sites. Street frontages should be devoted to building architecture and landscaping. Parking should be screened from the street with mounds, vegetative screening, low wall, fencing, or lowered parking grade. (Refer to III. LANDSCAPING, No. 15). 13. Screening and buffering, as well as good design, needs to be used to mitigate the effects of trash areas, storage areas, service yards, loading docks and ramps, electrical and other utility boxes, mechanical equipment, and other necessary but unsightly aspects. II. BUILDING DESIGN PURPOSE OF BUILDING DESIGN Development shall improve the visual and built environment of the neighborhood and the City as a whole. GENERAL CONSIDERATIONS 1. No single theme is required in Fresno. Themes may be established for selected parts of the community. They are directed more toward standards of quality and compatibility than toward achieving a uniform appearance. 2. Architectural consistency should exist between all building elevations of a particular structure or complex of structures, including consistent use of materials. Facade treatments shall consistently encompass all building sides. "False" or "decorative" facade treatments shall be avoided. All elevations need not look alike; however, an overall architectural sense must occur. 3. Visible rooftops should be treated as building elevations. Such rooftops should be free of mechanical equipment "clutter" in situations where it may be visible from surrounding buildings or structures. Rooftop mechanical equipment is not prohibited, but its design and screening should be incorporated into building design. For example, HVAC non- transitional ducts shall be below the roof structure. 4. Mechanical equipment, including wall air conditioners, should be screened from public view. The design of mechanical equipment screening should be compatible with, and an integral element of, the building structure. Rooftop screening and other mechanical equipment screening should be a minimum of 12 inches. higher than the equipment itself. - 2 - 2025 Fresno General Plan City-Wide Design Guidelines Page 3 5: Add-on components such as utility meters, ladders, vent pipes and similar features need to be identified in site plans and not placed as an afterthought in full public view unless screened in an acceptable manner. 6. All proposed buildings or structures should be compatible with the neighborhood character. Building design, however, need not be unduly constrained or limited by structures on adjacent sites. 7. All buildings on the same site should have strong spatial and architectural relationships. When the first portion of a site area is to be developed, a concept plan shall be submitted for the entire site. 8. All building design should achieve a sense of human scale. Wall insets, balconies, window projections, etc. are examples of building elements which may help reduce the scale of larger buildings. 9. Materials should be relatively permanent, requiring minimum maintenance in order to avoid deterioration. ` 10. Building entries should be protected from the elements and should afford a "sense of entry" for the structure. 11. All designs should be responsive to energy consideration. When energy-conserving devices such as solar heat collector panels are utilized, such devices should be designed as visually integral parts of the structure. 12. Modified standards may be considered for temporary buildings are structures, which are guaranteed to be removed from the site within six (6) months. 13. Each phase of a phased development should be visually complete. Temporary barriers/ walls should be painted and trimmed to compliment the permanent construction. 14. Where buildings are on the border between different uses, there needs to be an appropriate transition. 15. Standardized and corporate design elements must be modified to be consistent and integrated with the surrounding environment. , 16. The design of fencing, trash enclosures, and similar accessory site elements should be compatible with the architecture of main buildings and should use a similar palette of materials. 17. Masonry walls and allowable chain link fences shall be designed to accept vegetation, to reduce monotony, and to prevent irregular or unsightly lines. - 3 - 2025 Fresno General Plan City-Wide Design Guidelines Page 4 III. LANDSCAPING PURPOSE OF LANDSCAPE: Landscaping shall be used to improve aesthetics, to soften the harshness of the urban setting, and to create a pleasant human environment. GENERAL CONSIDERATIONS: 1. All site development shall include landscaping, except where determined to be impossible by the Director. 2. Landscaping shall be designed to provide a strong relationship between the site, street frontage, and neighborhood. 3. There should be a consistency of landscape design through a development. All areas within a development need not be identical. Among other things, different landscape themes may be utilized in larger developments to delineate spaces, strengthen a sense of place, and to add movement. Such themes should be consistent within a site. 4. Landscape plans shall indicate all proposed site elements, such as outdoor lighting, signage, fencing, site furnishings, and other site elements. 5. Where possible, existing landscape elements should be incorporated and preserved. Healthy mature trees and tree groupings shall be preserved as design determinants. In sites with mature trees, the development plan, elevations, and landscape shall be required to protect existing trees. Mature trees on project sites shall be protected and preserved as per City of Fresno tree preservation standards. 6. Landscaping shall be incorporated into building and site design. Trellises, arbors, and multilevel type landscaping should be considered. 7. All projects, including exterior modifications, are subject to street tree requirements. Street trees shall meet City requirements. 8. Live plant material shall be used in all landscaped areas. Imitation vegetation is not acceptable. 9. Gravel, colored rock, bark, and similar materials may be used in conjunction with, but not instead of, living ground cover and vegetation. Brick, cobblestone, and wood can be integrated into pathways and edges where appropriate. 10. Public and employee parking areas shall be landscaped. Such landscaping shall include perimeter screening and interior shading as per City standards. 11. Automatic irrigation is required for all landscape areas; surface piping and tubing are not allowed. 12. Irrigation heads shall not overspray walks, buildings, fences, streets, etc. - 4 - 2025 Fresno General Plan City-Wide Design Guidelines Page 5 13. All property owners shall maintain landscaping consistent with these guidelines. 14. Required setbacks for buildings and landscaping may be averaged, but not less than one-half of the required setback. Proposals for less than one-half of the required setbacks may be considered through a reduced-fee Variance application process. 15. Major street landscaping shall include all of the following: • Double-row, large-scale 20'-on-center tree canopies within public and private landscape areas (curb to end of landscape setback) • Screening of parking through eye-level (as seen from an automobile) design elements, including but not limited to landscaping, fences, artwork, water features, etc. • One hundred percent screening/blocking is not mandatory. • Green shall be emphasized: plant material, size, type, and location. • Project entry/gateways defining sense of place shall be emphasized. IV. SIGNAGE b PURPOSE OF SIGNAGE: Signs are intended to identify. the location of a place or business or residential development. GENERAL CONSIDERATIONS 1. k Sign information is to be limited to the identification of the business name and, when necessary, the business function and business logo. Product advertising shall not be permitted. 2. Signs should be simple and easy to read. 3. Signs are to be limited to the minimum necessary for the proper use of the site. 4. Signing and related graphics must relate to the overall building and site design. Signing considerations should be made during the building design stages so that signage and graphics are architecturally incorporated into those buildings. 5. Unusual architectural features (such as the "golden arches") used as a logo shall be considered and reviewed as part of the sign proposal. 6. Use of individual'letters for all signing is preferred and encouraged over cabinet signs. Where cabinet signs are utilized, such cabinets must be an integral design element of the building or structure: - 5 - ■ 2025 Fresno General Plan City-Wide Design Guidelines Page 6 7. Master sign programs shall be prepared for multiple-occupancy buildings. 8. Complete sign programs for entire buildings or building complexes should be.included with the architectural review of a signing request for any portion of a multiple-occupancy building. This also applies to existing buildings without any sign program. A long-term sign program must be established. 9. The light source of externally illuminated signs should not be visible. 10. Murals shall be subject to sign review. - 6 - ¢AL Ute.. �{ iSwdenr,��o` CENTRAL UNIFIED SCHOOL DISTRICTd Educauon as 4605 NORTH POLK AVE • FRESNO, CA 93722-5334•(559)276-5206•Ipowellocentraluscl.k12.ca.us DISTRICT SUPERINTENDENTC J J Larry L. Powell L`11� OL DISC January 10, 2005 .` 6 t► d`I TRUSTEES: City of Fresno Cindy 8erube Plannin De artment ` ' Terry Cox g p Judith Geringer 2600 Fresno Street Theresa Hagans Fresno, CA 93721 Diana Milla Phil Rusconi Mike Yada Attn: S. Brock Subject: File No.: TT 5406 Central Unified School District has the following conditions/comments for the above project(s): The proposed project will add approximately 148 K-12 grade students to the District's average daily attendance. Number of tract lots = 257 Grade Level: # of Students Generated K-6 grade students 92 7-8 grade students 24 9-12 grade students . 31 K-12 grade (total) 148 Condition of approval: 1. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620. 2. Install concrete sidewalks/curbs/gutters on interior and exterior streets for the proposed subdivision in a manner consistent with the existing subdivisions in the area and to City standards. 3. Install a permanent school bus pull-out located along a perimeter avenue per the attached design drawing. The District is willing to work with the Developer to determine the location of this permanent school bus pull out. GEOFFREY M. GARRATT JOHN MULLIGAN SARAH KOLIGIAN Assistant Superintendent, Personnel Assistant Superintendent, Business Assistant Superintendent, Instruction (559)276-5224 (559)276-5200 (559) 276-3115 FAX(559)276-2983 FAX(559)275-0394 FAX(559)276-3102 1/13/200& TT 5406 Page 2 The District will be able to accommodate the new students at the schools of attendance indicated below. To offset the cost to house these students, the District currently levies development fees of $2.24 per square foot for residential development and $0.36 per square foot for commercial / industrial development. As a point of information, development fees are subject to increase every two years by the State Allocation Board. Any new development on the property will be subject to the development fees in place at the time development fee certificates are obtained. Sidewalks =along interior neighborhood streets and major exterior streets provide the necessary identifiable. boundary between students and traffic, and provide a safe place for students walking to and from existing school sites.and bus stops. Bus transportation is currently provided for: • K-8th grade students residing at least one mile or more from their school of attendance; 9th_12th grade students residing at least two miles or more from their school of attendance. At this time, however, an identifiable safe walking route does not exist to one or more schools of attendance indicated below and until such time as a safe walking route is established, bus transportation will be provided to those students. The District has concluded using interior subdivision streets are not adequate or safe for bus turning and/or navigation movements. Therefore, the District will require a permanent bus pull out, separated from traffic lanes by a landscaped median strip. Attached is a design drawing that meets approval by the City Traffic Engineering Manager. The following school of attendance information is provided: .Elementary School information: Polk Elementary 2195 N. Polk Ave. Ph: 274-9780 Middle School Information: EI Capitan Middle School . 4443 W. Weldon Ave. Ph: 276-5270 High School Information: a) Central High School — East Campus 3535 N. Cornelia Ave Ph: 276-0280 1/13/2005 TT 5406 Page 3 b) Currently, Central High School West Campus is a mandatory attendance 9th grade school with optional programs for grades 10th -12tH The California Department of Education has current API scores - see: http://www.cde.ca.gov/ta/ac/ap/index.asp (however this site does not have current District enrollment data - see: httP:Hwww.ed-data.k12.ca.us/.) The District appreciates the opportunity to comment on above project. Should you have questions or 'need additional information, please contact me at 559-276-5203 or ddeel(&-centralusd.k1 2.ca.us. Sincerely, David Deel Facilities Planning Manager Attachment: Bus Stop cc: Lennar Homes (fax: 447-3404) Yamabe & Horn Engineering (fax: 244-3120) 10/06/04 09:16 FAX 559 291 2945 BLAIR, CHURCH AND FLYNN 0002/002 CC g4:5' WIDE LANDSCAPE AREA (71M). .. 1 CONCRETE*CURB AND SIDEWALK PER 37' (COLIMOR) CRY STD. DWG. P-5 AND P-9. 55' (ARTERLAL) 8' THICK CONCRETE SLAB W1111 NUMBER 5 RESARS AT 14.5' ON CENTER. PROMO£Z' "•� w '� MIN. CLEAR BETWEEN REBAR AND SUBCRADE _ OF SLAB. CONCRETE CURB 64 AND CL?lER PER CITY STD. PWC. P-73. - a . 62' COLLECTOR)g 70' ARTER - 'tr ra b T THICK CONCRETE CAP IN ISLAND. _ s• 47' (COLLECTOR) S _ ER CONCRETE CURB AND SIDE14'ALX WITH 5' LANDSCAPE PER CRY STD. DWG. P-5 AND P-9 g 7 8' THICK CONCRETE VALLEY CUTTER WITH NUMBER 5 REBARS AT 14.5' ON ^�nT� CENTER. PROVIDE 2' MIN. CLEAR NQTEa BETWEEN REBAR AND SuBCRADE Or VALLEY CUTTER (TYP). 1. MINIMUM CUTTER SLOPE IS,0035. SCHOOL BUS TURNOUT BLAIR,CHURCH & FLYNN SCALE- I CONSULTING ENGINEERS FOR No SCALE COLLECTOR ANO LOCAL STREET TEL (559) 291-5507 FAX. (559) 291-2945 [ DR. BY; DATE SHEET ff' P.G. 9-10-04 1 of 1 f [ Drowing: P:\204-0366\Dwg—Site\Dwg\Turnout.dwg; Loyoutl (2) Plot by: Roy Oct 05, 2004 -. 2:01pm D E P A R T M E N T O F P U B L I C W O R K S TO: Sandra Brock, Planner 111 Planning Division FROM: NANCY MORRISON, PROGRAM MANAGER, (559.621.8690) DATE: December 30, 2004 SUBJECT: VESTING TENTATIVE MAP OF TRACT 5406 The Department of Public Works has reviewed the Tentative Subdivision Map proposed by Lennar Homes, on engineering drawings plans prepared by Yamabe & Horn Engineering, dated !0.24.04. The DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the STREET TREES, BUFFER LANDSCAPING AND MEDIAN ISLANDS. STREET TREE REQUIREMENTS A. Fresno Municipal Code requires one tree per 60 lineal feet of street frontage. Street trees shall be planted at the rate of one tree for each 60' of street frontage. The subdivider is required to provide street trees on all public street frontages and buffer landscaping easements. The subdivider is required to provide automatic irrigation for all street trees. The irrigation system shall comply with FMC 12-306-N-23. B. The street tree species are designated for the following rights of way: STREET NAME STREET TREE SPECIES W. Shields Ave. Nyssa sylvatica, (Tupelo) N. Cornelia Ave. Celtis australis, (European Hackberry) W. Hunter Ave. Ginkgo biloba, (Ginkgo) N. Dante Ave. Nyssa sylvatica, (Tupelo) W. Simpson Ave. Nyssa sylvatica, (Tupelo) N. Cleo Ave. Ginkgo biloba, (Ginkgo) W. Cornell Ave Pistacia chinensis, (Chinese Pistache) N. Brix Ave. Nyssa sylvatica, (Tupelo) W. Amherst Pistacia chinensis, (Chinese Pistache) W. Michigan Zelcova serrata, (Zelcova) W. Harvard Ave Ulmus parvifolia, (Chinese Evergreen Elm) W. Brown Ave Ulmus parvifolia, (Chinese Evergreen Elm) C. Street trees required on internal streets shall be planted within a Public Planting Utility Easement (PPUE). Designation of a PPUE is required on the tract map. Department of Public Works comments T-5406 Tentative Map December 30,2004 page 2 BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS A. The subdivider is required to landscape/ irrigation and provide long term maintenance for said landscape in the landscape buffer(s) on North Cornelia and West Shields Avenues. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. B. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to THE DEPARTMENT OF PUBLIC WORKS for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the THE DEPARTMENT OF PUBLIC WORKS street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1 . Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N -23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1' of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1 , including the use of synthetic erosion control netting in combination with ground cover species approved by the THE DEPARTMENT OF PUBLIC WORKS/ ENGINEERING SERVICES DIVISION. 4. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right of way, within the city - controlled easement or on the fence or wall facing the street. Department of Public Works comments T-5406 Tentative Map December 30,2004 page 3 6. Landscaping in the right of way and landscape setback adjacent to waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENT A.. MEDIAN ISLAND LANDSCAPING REQUIRED ON West Shields and North Cornelia Avenues and all internal median islands within the Tract: Per FMC Section 12-306-N-24 (j), median island landscaping is required. Applicants shall be required to submit plans showing the location and configuration of all median islands fronting the proposed project. Existing utilities, including, but not limited to city water lines/service points, sanitary sewer, storm drains, electrical lines, existing landscaping including trees, shrubs, ground cover beds, irrigation facilities, and other miscellaneous landscape features shall also be clearly defined. Median islands shall be landscaped as required by FMC 12-N-306-24. Landscape and drip irrigation plans shall be submitted for median island(s) that are not currently planted with a full range of ornamental vegetation, including trees, shrubs, and ground covers. LANDSCAPE REQUIREMENT FOR TRAIL ON WEST SHIELDS AVENUE A. The trail shall be constructed in accordance with the Master Trails Manual." The subdivider is responsible for landscape and irrigation improvements of the along West Shields Avenue. The subdivider is responsible for all landscape and irrigation improvements associated with the trail construction. Plans shall be submitted and approved by THE DEPARTMENT OF PUBLIC WORKS. Landscaping within the trail shall include large, medium and low-growing shrubs planted from 3' to 6' apart depending on variety, and trees spaced approximately 25' to 45' apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with "Landscaped Buffer Development Standards." All planting areas shall be irrigated with an automatic system. City of PUBLIC WORKS DEPARTMENT DATE:, December 23, 2004 TO: SANDRA BROCK, Planner III Planning and Development Department -- FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5406 AND COMMUNITY FACILITIES DISTRICT 1. If approved by Council, the following features maybe maintained by a.Community Facilities District. ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street easements (including median to center of median) and the landscape easements along the property lines that side or back-onto W. Shields and N. Cornelia Avenues. ■ Maintenance of all Curbs, Gutters, Sidewalks, Median Curbs (to center of median), and Street Furniture (to street centerline) within W. Shields and N. Cornelia Avenues and bordering the tentative map and across the frontage of the residence on N. Cornelia that is not part of the tentative map. ■ Maintenance of all interior Local Street Pavement, Curbs;Gutters, Sidewalks, Medians . and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Lights'as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. 2. Should the owner/developer choose to not be included within a CFD.for the maintenance of the items listed in section 1 above, the property owner/developer shall privatize all common areas; including streets, within the tentative map and provide for the maintenance of all of the above items by the property owners. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me at 621-8695 c:PW File No. 10770 File:\word\cfd2\ttmapreview\tt5406 EXCERPTS FROM THE 2025 FRESNO GENERAL PLAN RELATING TO VESTING TENTATIVE TRACT MAP 5406/UGM APPENDIX W / WEST AREA COMMUNITY PLAN GOAL: Develop the West Area as a planned community with a complete range of services and facilities for the needs of community residents, in adherence to a set of specific standards for residential, commercial, industrial, and public infrastructure development, with special emphasis on minimization of land use conflict between agriculture and urban uses. W-1. OBJECTIVE: Promote compatibility between areas planned for, or committed to, active farming operations and areas planned for urban development. W-1-b. Policy: Develop a program to encourage project development proposals which result in the in-filling of existing urban areas, including small parcels of farmland which have become surrounded by urban uses. W-1-c. Policy: The City of Fresno shall continue to implement its Urban Growth Management (UGM) policies, which encourage orderly development and discourage premature development of land near the planned urban fringe. W-2. OBJECTIVE: Provide comprehensive mechanisms for funding and timely construction of needed public facilities including, but not limited to, streets, sidewalks, drainage facilities (including curbs and gutters), sewer and water utilities, schools, fire stations, law enforcement substations, and parks. W-2-d. Policy: Consider modifying Urban Growth Management policies to increase obligations for off-site improvements and to establish fees for additional needed public improvements. The following are possible additions to UGM requirements and fees: West Area Community Plan Excerpts Applicable to Tentative Tract Map 5406/UGM Page 2 • provision of pedestrian walkways to allow access along major streets between new subdivisions and neighborhood schools. W-3. OBJECTIVE: Provide streetscapes which create a positive image of the West Area and contribute to the West Area Community's quality of life. W-3-b. Policy: Provide a 20-foot landscaped setback along all designated arterial streets. Planned elements of the city's master trail system may be located partially within this setback. W-3-c. Policy: Provide a 15-foot landscaped setback along all designated collector streets. Planned elements of the city's master trail system maybe located partially within this setback. W-4. OBJECTIVE: Provide acceptable design standards for single-family residential development, to establish and maintain safe, attractive, and stable residential neighborhoods; to preserve the long-term integrity of the community. W-4-a. Policy: Apply the following standards to all development proposed within areas designated for medium-low and medium density residential uses: • in areas planned for medium-low density residential use, minimum lot size shall be 6,000 square feet or larger; except when approved as a clustered planned development pursuant to a special permit. • in areas planned for medium density residential use, clustered and nonclustered planned development tracts shall require a special permit. In such nonclustered planned developments: -lots under 6,000 square feet (reduced-size lots) shall not comprise over 25 percent of all the lots in a final tract map. West Area Community Plan Excerpts Applicable to Tentative Tract Map 5406/UGM Page 3 -reduced size lots shall be at least 5,400 square feet in area and, except for cul-de-sac and corner lots, shall have a minimum width of 60 feet. -reduced size lots shall be distributed throughout a tract. W-4-c. Policy: The following design standards shall be required for development of homes and garages in nonclustered residential subdivisions, including planned developments: • single-family residential lots shall not be allowed to front on a designated major street unless it can be satisfactorily demonstrated that no feasible alternative means of access can be provided. Evaluation of alternative means of access shall include the consideration of frontage roads, backup treatment, and substantial redesign of the subdivision proposal. • roofing material shall consist of one of the following, except for roofing used over rear yard patios: -architectural grade composition roofing guaranteed by the manufacturer for at least 20 years. -cement or clay tile. -treated wood shakes. -architectural-grade metal and coated non-glare decorative metal roofing products. • full front yard landscaping and irrigation shall be installed prior to occupancy. • city sidewalk standards adopted in 1993 shall be applied (sidewalks with park strips wide enough to accommodate street trees on both sides of all residential and major streets). If the general plan is amended in the future to change this standard, alternative sidewalk patterns with unitary curb/sidewalk and landscape strips in the right-of-way inside the sidewalk may be considered, subject to the design and implementation of an acceptable street landscape plan. West Area Community Plan Excerpts Applicable to Tentative Tract Map 5406/UGM Page 4 W-6. OBJECTIVE: Establish compatible relationships between housing types and densities, and provide standards for interfaces between urban and rural residential land uses and between single-family and multiple-family residential projects. W-6-a. Policy: The following interface standards shall be mandatory when proposed single-family subdivisions, with lots averaging less than 12,500 square feet in size abut one or more rural residential parcel(s) that is/are (1)between one-half and two acres in size and (2) developed with at least one dwelling unit. • There shall be a minimum rear yard building setback according to the following standards: -for single-story structures, the rear yard setback shall be 30 feet. Rear-yard encroachments may be permitted for single- story structures per the provisions of the Fresno Municipal Code. However, in no case shall the rear yard setback be reduced to less than 20 feet by means of these encroachments. -for two-story structures, the minimum building setback shall be 40 feet. For those two-story structures with no rear-facing windows above the first floor, or for those portions of two-story structures which have no rear-facing windows above the first floor, rear yard encroachments may be permitted per the provisions of the Fresno Municipal Code. However, in no case shall the rear-yard setback be reduced to less than 20 feet by means of these encroachments. • There shall be a 6-foot high solid wall or approved architecturally- designed solid fence (meeting requirements of the Fresno Municipal Code) provided along the side and rear property lines between new single-family uses and the above-defined rural parcels. W-6-c. Policy: Lot patterns and sizes shall be arranged to interface appropriately, to maintain compatibility with surrounding uses and improvements (existing and planned), and to facilitate the development of adjacent parcels with similar lotting patterns. San Joaquin Valley Air Pollution Control District December 16, 2004 Reference No. 809DEV2004 a4 Sandra Brock Planning& Dev. Dept. 2600 Fresno St., Third Floor Fresno, CA 93721-3604 OEVELOPIIMENT DEPAR T A-4ENT CAW OF FRESNiO Subject: T-5406, R-04-82 (APN 312-062-15, 16, 17, 19, 20, 21) Dear Ms. Brock: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is classified non-attainment for ozone and fine particulate matter (PM10). This project will contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. This project may generate significant air emissions and it will reduce the air quality in the San Joaquin Valley. The project will make it more difficult to meet mandated emission reductions and air quality standards. A concerted effort should be made to reduce project-related emissions as outlined below: Preliminary analysis indicated that the potential emissions from this project exceed the District's Thresholds of Significance for adverse air quality impacts. These thresholds are 10 tons per year for either of the following two ozone precursor emissions: reactive organic gases (ROG) or oxides of nitrogen (NOx). According to District staff analysis, this project will likely be less than significant if it prohibits both fireplaces and wood- burning stoves. The District recommends the preparation of an Air Quality Impact Assessment (AQIA) and a Traffic Impact Study to determine impacts when projects are of this size, unless an analysis has been accomplished for a recent previous approval such as a general plan amendment or zone change. Please indicate to the District if the project has been analyzed and what the results were from any previous study. The District recommends using .the URBEMIS 2002 program to calculate project area and operational emissions and to identify mitigation measures that reduce impacts. URBEMIS can be downloaded from the South Coast Air Quality Management District's website at: http://www.agmd.gov/cega/urbemis.htmi. If the analysis reveals that the emissions generated by this project will exceed the District's thresholds, this project may significantly impact the ambient air quality if not sufficiently mitigated. The project applicant or consultant is encouraged to consult with District staff for assistance in determining appropriate methodology and model inputs. Questions regarding URBEMIS 2002 should be directed to Jennifer Barba or Hector Guerra at (559) 230-5800. Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at— httpJ/www.vallevair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. If a residential project is 10.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see section 6.4.1). A compliance assistance bulletin has been enclosed for the applicant. A template of the District's Dust Control Plan is available at: http://www.valleyai r.org/busi nd/comply/P M 10/fo rms/DC P-Form%20-%2010-14-2004.pdf Ms: Brock December 16, 2004 T-5406, R-04-82 Page 2 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. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) regulates the burning of agricultural material.,Agricultural material shall not be burned when the land use is converting.from agriculture to nonagricultural purposes. In the event that the project burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt,.Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Buming Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our.website- www.vallevair.org. For compliance assistance, please contact Mr.Wayne Clarke, Air Quality Compliance Manager, at 230-5968. Rule 4902 (Residential Water Heaters)limits emission of NOx from residential developments. The District encourages innovation in measures to reduce air quality impacts.There are a number of measures that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The measures listed below should not - be considered all-inclusive and remain options that the project proponent should consider: • Trees should be carefully selected and located to protect the buildings from energy consuming environmental conditions, and to shade paved areas. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.orci/. For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.lgc.or-q/bookstore/enerciv/downloads/siv tree guidelines.ndf Ms. Brock December 16, 2004 T-5406, R-04-82 Page 3 • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Direct pedestrian access to the main entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Such access should consist of paved walkways or ramps and should be physically separated from parking areas and vehicle access routes. • Sidewalks and bikeways should be installed throughout as much of the project as possible to encourage walking and bicycling. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor vehicle usage and.their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled)from obstacles and automobiles. Mid-block paths should be installed to facilitate pedestrian movement through long blocks (over 500' in length) and cul-de-sacs. Pathways through the project should be built in anticipation of future growth. • As many energy-conserving features as possible should be included the project. Energy conservation measures. include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency(above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E) - Use Low and No-VOC coatings. and paints. See South Coast's site for _No-VOC Coatings at hftp://www.aqmd.00v/business/brochures/zerovoc.html - High-albedo (reflecting) roofing material. See http://eetd.Ibl.gov/coolroof/ - Cool Paving. See htto://www.harc.edu/harc/Prooects/CoolHouston/, http:Heande.lbl.gov/heatisland/ - Radiant heat barrier. See httb://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.enerciystar.gov/ - Install solar water-heating system(s) ,Install photovoltaic cells - Install geothermal heat pump system(s) - Programmable thermostat(s)for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Orient the unit(s)to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. (e.g. natural convection,thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuiIdinas.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the units with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site More information can be found at:http://www.ciwmb.ca.gov/GreenBuilding-/ http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergyicenter.orp/index.html • The applicant should implement measures to reduce the amount of vehicle traffic to and from the project area that further reduce air pollution in'the valley. This could include providing an information center for residents to coordinate carpooling. Check out the"Spare the Air"section of our website www.valleyair.org Ms. Brock December 16,2004 T-5406, R-04-82 Page 4 • The project should include as many clean alternative energy features as possible to promote energy self- sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.org/, http://rredc.nrol.gov/, http://www.energy.ca.pov/renewables/ • Construction activity mitigation measures include: - Limit traffic speeds on unpaved roads to 15 mph - Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site - Install wind breaks at windward side(s) of construction areas - Suspend excavation and grading activity when winds exceed 20 mph - Limit area subject to excavation, grading, and other construction activity at any one time - Use catalyst equipped diesel construction equipment. - Minimize idling time (e.g. 10 minute maximum) -Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use - . Replace fossil-fueled equipment with electrically driven equivalents (provided they.are not run via a portable generator set) - Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, and "Spare the Air Days"declared by the District. Implement activity management(e.g. rescheduling activities to reduce short-term impacts) During the smog season (May through October), lengthen the construction period to minimize the number of vehicles and equipment operating at the same time. Construction equipment should have engines that are Tier II (if available as certified by the Air Resources Board). Engines built after 1998 are cleaner Tier II engines. Tier I and Tier II (2.5 gram) engines have a significantly less PM and NOx emissions compared to uncontrolled engines. To find engines certified by the Air Resources Board, see http://www.arb.ca.qov/msprog/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at(559)230-5831. - Off road trucks should be equipped with on-road engines when possible. - Light Duty Cars and Trucks should be alternative fueled or hybrids. - Minimize'obstruction of traffic on adjacent roadways. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call meat (559) 230-5800 or Mr. Hector R. Guerra, Senior Air .Quality Planner, at (559) 230-5820 and provide the reference number at the top of this letter. Sincerely, �A ChrystalMeier Student Intern Central Rpqion eHectorR. 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EI Dorado Fresno, California 93706-2014 (559) 621-1452 www.fresno.gov December 14, 2004 TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations "'/ Department of Public Utilities, Solid Waste Division FROM: Donna Leslie,Staff Assistant Department of Public Utilities, Solid Waste Division SUBJECT: TT 5406, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division-, has completed a review of the Vesting Tentative Tract Map 5406 which was submitted by Yamabe &Horn Engineering, Inc. 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 Reguirements: • Tract 5406 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, I 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. Covenant Requirements: • Lot 79 shall place their containers at the Southeast edge of the property line of lot 78 for service. Lot 80 shall place their containers at the West edge of the property line of lot 81 for service JAConditions of Approval_TT5406.wpd City of FRESNO FIRE DEPARTMENT DATE: Ll MEMORANDUM TO: FROM: SENIOR FIRE PREVENTION INSPECTOR SUBJECT: f ` TRACT NO., �� MEETING OF (DATE) : Fi re, Department Comments are as follows: 1 . This project is within miles .of Fire Station, No. Alp 2. This project is subject to UGM Fire service fees for Fire Station No. . 3. Provide ( ) (residential hydrants and fire flows per Public Works Standards with two sources of water. 4. Access is acceptable as shown. 5. Access is not acceptable: 6. This tract is in the Station 21 UGM Fee area and is required to be annexed to the Community Facilities District No. 1 . I 7 . Other: 2543I/78I STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER-Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE d P.O.BOX 12616 FRESNO,CA 93778-2616 Fi-D) PHONE (559)445-6666 U uu Flex your power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 2005 MAR 0 Planning Division March 1, 2005 IDevelopment Department CITY OF FRESNO 2131-IGR%CEQA 6-FRE-99-25+/- R-04-82 & T-5406 HARVEST TRAFFIC IMPACT STUDY ADDENDUM Ms. Sandra Brock City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721 Dear Ms. Brock: Caltrans previously reviewed and commented on the rezone and-map for a 257-lot single-family residential subdivision located on the southwest corner of West Shields and North Cornelia Avenues. The applicant's traffic consultant provided us with a copy of the draft Traffic Impact Study(TIS) and thenwith an addendum to that TIS. Caltrans has the following comments: This letter supercedes our comments from January 3, 2005. The addendum to the TIS appears to indicate that there would be no 'impact to the State Route (SR) 99 northbound and southbound off-ramps to Ashlan Avenue. Caltrans disputes this. While the consultant states that there will be no impact at SR 99/Ashlar, the TIS shows that the proposed development has six eastbound through movements on Ashlan at the northbound off- ramp. The consultant should confirm once more that the development would have no impact to the northbound or southbound off-ramps as the addendum to the TIS does not support this conclusion. We recently calculated an estimate for an interim improvement to.widen this short segment of Ashlan. The cost of the improvement is $1,307,900. The calculated cost-per-trip is $1,354. Therefore,based on the data provided, the development's mitigation is to mitigate for cumulatively significant impacts is $8,124. Caltrans currently has an approved Project Study Report for the improvements to the SR 99 northbound off-ramp to Ashlan Avenue that provides both preliminary design and cost estimates for the various alternatives considered. While we do not have an approved PSR for improvements to the SR 99 southboundoff-ramp to Ashlan, recent traffic studies have determined that improvements to this ramp will be needed as a result of the new residential development in the area. - It is expected that the traffic generated by this development would impact the Clinton Avenue intersections at Vassar, SR 99 northbound ramp,and Weber. The left-turn movement from westbound Clinton Avenue to Vassar Avenue and the left-turn movement from eastbound "Caltrans improves mobility across California" Ms. Sandra Brock March 1, 2005 - -- Page 2 Clinton Avenue to Weber Avenue experience queues that extend into the SR 99 northbound ramps intersection during the peak hour. The operation of the northbound ramp is thus adversely impacted and will be further impacted by this development. Improvements such as dual lefts at the intersection of Clinton and Weber Avenues should be investigated. Placing signals at the intersection of Clinton and Vassar should also be investigated. The City and the applicant should be informed of the State's future intention to close the partial interchange on southbound SR 99 at Princeton Avenue. The City should consider a transit alternative.for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. The area of Fresno west of State Route (SR) 99 between Shaw Avenue and Shields has been subject to numerous residential proposals recently. The City should be aware that these land use changes/new developments have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating, and mitigating, for them. The City should consider using the "Toolbox" from the San Joaquin Valley Growth Response Study to prepare an analysis of the impacts created by this and other approved developments in the City. This would help to clarify issues that have been raised since the General Plan Update regarding densities in general and the High Rise Corridor specifically. Caltrans is available to partner with the City in this endeavor. We request that this letter be made a part of the permanent public record for this project and that a copy of this letter as well as our December 21, 2004 letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions,please call me at (559) 445-6666. Sincerely, I F MOSES STITES Office of Transportation Planning District 06 Enclosure - C:Ms. Jill Gormley, TPG Consulting, Inc. Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno,including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go.further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of-public transportation. Fresno M-Ameetaclly City Of z000 City Hall 559-621-8800 Public Works Department 2600 Fresno Street,Rm.4064 David Healey,Director Fresno,CA 93721-3623 www.fresno.00v January 7, 2005 TPG Consulting Jill Gormely 222 N. Garden Avenue, Ste 100 Visalia, CA 93291 SUBJECT: TRAFFIC IMPACT STUDY (TIS) REVIEW FOR THE PROPOSED SUBDIVISION T5406 This project proposes to construct 275 single family residential units located on the southwest corner of Shields and Cornelia Avenue and is expected to be build out by 2006. Based on the ITE Trip Generation manual it is estimated that this project will generate 193 am and 260 pm peak hour trips. The Traffic Engineering Section as review the traffic impact study dated October, 2004 and has the following comments: As a mitigation measure, this project shall: 1. As a condition of the tentative tract map, the Owner/Developer shall signalize the intersection of Shields and Blythe Avenue. Said signals shall be placed at its ultimate location based on the 2025 General Plan Circulation Element. This proposed construction of this signal shall include, but not limited to the following: a. The intersection shall be signalized to City of Fresno Standards complete with actuation, left turn phasing, and signal pre-emption This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Based on the conclusions and recommendations presented by TPG.Consulting for this proposed project, the traffic impact study is generally accepted by the City of Fresno. If you have any questions, please do not hesitate on contacting David Padilla at David.Padilla 51fresno.gov or at 621-8798. Sincerely, Jose Luis Benavides, P.E., Traffic Engineering Manager Public Works Department, Engineering Services C: Traffic Planning Reading File David Padilla,Senior Engineering Technician,City of Fresno I— G:\Traffic Impact Studies\T5406—Review.doc City of DEPARTMENT OF PUBLIC UTILITIES Date: December 30,2004 To: SANDRA BROCK,Planner III Planning and Development Department, Advance Planning From: DOUG BECKER, Supervising Engineering Technician- � i Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FORT-5406/UGM AND R-04-82 General Vesting Tentative Tract No. 5406/UGM, and R-04-82 propose a 257-lot single-family residential subdivision,rezoning.from R-R and AE-20 (county)to R-l/UGM on 57 acres located on the southwest corner of West Shields Avenue and North Cornelia Avenue. Environmental Recommendations A NEGATIVE DECLARATION MAYBE 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 is a 45-inch main located in North Cornelia Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. Construction of a 12-inch sanitary sewer main in West Shields Avenue from North Cornelia Avenue west across the project frontage. 2. Sanitary sewer mains shall'be extended within the proposed tract to provide sewer service to each lot created. 3. Separate sewer house branches shall be provided for each lot created. 4. Provide separate sewer house branch to APN 312-062-18 and Remainder Parcel. S. Abandon all existing on-site private sanitary sewer systems. 6. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plan&profile improvement drawing for City review. 7. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 8. Engineered improvement plans prepared,by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to,the City Sewer System. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Area: #22 3. Trunk Sewer Charge: Cornelia 4. Wastewater Facilities Charge (Residential Only) Water Requirements The nearest water mains to serve the proposed project are a 14-inch main located in North Cornelia and West Clinton Avenue, and a 14-inch main in North Cornelia Avenue south of West Garland Avenue. Water facilities are available to provide service to the site subject to the following requirements: 1. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Cornelia Avenue from West Clinton Avenue north to the existing 14-inch water main north of West Shields Avenue. 2. Construct a 14-inch Transmission grid water main(including installation of City fire hydrants) in West Shields Avenue from North Cornelia Avenue west across the project frontage. 3. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 4. Separate water services with meter boxes shall be provided to each lot created. 5. Provide separate water service with meter box to APN 312-062-18 and Remainder Parcel. 6. 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. 7. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies: J 8. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. 9. Seal and abandon existing on-site wells in compliance with the State.of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards, Water Fees The following Water Connection Charges and fees shall be paid for the project: 1. Wet-tie(s), water service(s), and meter(s) installation(s) 2. UGM Water Supply Area: #301s M OFFICES OF wit Ir , II�4I`�I(�AT OO) F I�ITI �IC t� �. � PHONE(559)233 7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water L. -)� December 10, 2004 Sandra Brock j City of Fresno pin, I; r4,s,; .. Planning Division D''" ic or r Land Division Section 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 RE: Vesting Tentative Tract Map No. 5406/UGM, Rezoning Application No. R-04-82 Dear Ms. Brock, 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 item for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 341 or sadamsgfresnoirrigation.com Sincerely, FRESNO IRRIGATION DISTRICT �� QQ ��' r S�cCGrt� Selina Adams Engineering Assistant Agencies\City\VTTM No.5406/UGM,RA No.R-04-82 File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager LENNAR HOMES, INC. Planning & Development Department CAMBRIDGE HOMES City of Fresno .7485 N. PALM AVE., SUITE 101 2600 Fresno Street FRESNO, CA 93711 Fresno, CA 93721 MAP NO. 5406 PRELIMINARY FEES See below DRAINAG AREA(S) " CI - DRAINAGE AREA " CI $380,810.00 DATE DRAINAGE AREA " - it - TOTAL FEE $380,810.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z 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 approval of the final map for the fee. O . 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. 5406 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. 1 H 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X 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: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 5406 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, O April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections; train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5406 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. 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. Lakem , Project ngineer: Mark Will District Engineer, Assistant General Manager C: YAMABE & HORN ENGINEERING, INC. 1300 E. SHAW AVE., SUITE 176 FRESNO, CA 93710 5406 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 . Two sided document NOTE. W. SHIELDS AVE. "AW _ —THIS DRAWING IS SCHEMATIC,. DISTANCES ARE APPROXIMATE. 'T—''' •' ..' '' If' I I 4 ' e I WI I 0 > �� Q I I 7 rl f I I� I: W I - 1 .� II I. W I I � I U1' u I � 18" I 24" 1 30" 24„ x.. Lj I I Q I , ys J W I Z SCALE V'=400' I I I O I I I U 1 I —————— ----————— � I 15" CLINTON AVE. LEGEND Master Plan Facilities To Be Constructed By Developer- Pipeline(size Shown)&Inlet. o——— Existing Master Plan Facilities ®---• Future Master Plan Facilities Direction Of Drainage —————- Inlet Boundary Drainage Area Boundary TRACT 5406 DRAINAGE AREA:"CI" EXHIBIT N0. 1 - FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY: MM DATE 1211604 KkAubca&DWGSIOEXHIBITITRACTSWOB.dwg - REVISED BY. — DATE — OTHER REQUIREMENTS -_-- EXHIBIT NO. 2 The cost of construction of Master Plan facilities excluding dedication of storm drainage easements, is.eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. A minimum fifteen-foot (15') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The easement may be slightly realigned to accommodate future development,provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline alignment,and accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. The District recommends stub streets to the south and west of Tract 5406 to provide for a major storm breakover for Tracts 5406 and 5300. If the stub streets are not constructed,the Developer of Tract 5406 will be responsible for constructing a major storm drainage channel to the south of Tract 5406. The channel will require dedication of a surface flowage easement to the District for the channel area. The District recognizes that the developer's proposed street patterns for Tract 5406 are not consistent with the alignment of the Master Plan facilities, as identified on Exhibit No. 1. The storm drain- facilities may be slightly realigned to be compatible with the proposed street layout for Tract 5406. However,drainage fee credit will only be granted for the Master Plan storm drain facilities identified on Exhibit No. 1. Development No. Tract 5406 engr\permit\exh ibi t2\tracts\5406(mw) PLAN VIEW OF TYPICAL TEMPORARY PONDING BASIN 5' MIN, 6'= FENCE PER 8' FOR 1/2 - STD.DWG. P-45 ACRE OR EXCEPT MOW STRIP LARGER LOW FLOW AREA* TO BE ELIMINATED BASINS TYPE "E" OUTLET OR AS APPROVED BY THE ENGINEER 2' P.L. MIN. 10' DOUBLE GATE, NO CENTER POSTS � CLASS._Ill R.C:P.' ',OR APPRDYED-•EQFJ{�L �W. .-PIPE `.... •: -CURB GUTTER F.M:F.C.D. TYPE "D" INLET P.L. P.L. HIGH WATER 6" 1 ELEVATION 2 0 1 5' MIN. ELEV. III III III-I 11 8' FOR 1/2 ACRE OR LARGER BASINS SECTION NOTES: DESIGN MINIMUMS 1. OVERFLOW MUST BE TO THE STREET. 2. DESIGN WATER SURFACE ELEVATION SHALL BE TWO FEET BELOW THE LOWEST INLET FLOW LINE OR POND PERIPHERAL ELEVATION, WHICHEVER IS LOWER. 3. REQUIRED CAPACITY: V=CIA WHERE V=REQUIRED BASIN CAPACITY IN CUBIC FEET, C=RUNOFF COEFFICIENT, 1=RAINFALL FROM A DESIGN STORM (0.35 FEET), AND A=TRIBUTARY AREA IN SQUARE FEET. 4. PROVIDE COMPOSITE "C" CALCULATIONS. 5. THE ENGINEER MAY REQUIRE AN 8' WIDE VEHICLE RAMP WITH A MAX, SLOPE OF 15% IN 1/2 ACRE OR LARGER BASINS. 6. TEMPORARY PONDING BASINS SHALL BE FENCED WITHIN 7 DAYS TIME AFTER THEY BECOME OPERATIONAL OR WHEN REQUIRED BY THE ENGINEER. 7. THE CITY ENGINEER MAY CONSIDER OTHER BASIN DESIGN ALTERNATIVES, AS A SUBSTITUTE FOR PROVIDING THE 2 FOOT FREEBOARD, WHEN THE BASIN SIZE IMPACTS PROJECT FEASIBILITY. 8. LOCKS FOR THE GATE TO BE #5 MASTER LOCKS, NO. 1C95, 3203 OR 0855. " SIZE AND DEPTH OF LOW FLOW AREA TO BE DETERMINED BY THE ENGINEER. REF. & REV. CITY OF FRESNO TEMPORARY PONDING BASIN DEC., 2004 P -- 62 GUIDELINES FOR PONDING BASIN / POND CONSTRUCTION AND MANAGEMENT TO CONTROL MOSQUITO BREEDING Immature mosquitoes develop in shallow water habitats. Fresno has enough year-round urban runoff from sprinklers, car washing, and pool drainage to keep water in drainage basins even in the summer--when mosquitoes breed the fastest. The design and management of ponding basins and ponds is of critical importance for mosquito control. Following are some new guidelines for these facilities: *1. Ponding basins and ponds with fluctuating water levels should have a "low flow" area, a . deeper area or sump where drainage will accumulate, instead of a uniform flat bottom. This allows for water to accumulate to a greater depth, and helps "mosquito fish" survive. The low flow area should be located at the pond inlet and should be at least four feet deeper than the rest of the basin floor. The rest of the basin should be graded so that drainage is directed into this low flow area. *2. Side slopes of ponds and ponding basins should be as steep as is compatible with safety and grading considerations. They should have a slope ratio of 1:2 (vertical:horizontal). 3. Decorative ponds and artificial wetlands should be constructed so that water depths are maintained in excess of four feet, to preclude invasive emergent vegetation such as cattails. *4. Ponds and ponding basins should be constructed to provide for free, unobstructed access around their entire perimeter by vehicle and/or by foot, to allow for maintenance and mosquito abatement activities. *5. All ponding basins should be enclosed in chain-link fencing at least six feet tall (to City of Fresno Public Works Standards), with double gates to provide an unobstructed total opening at least ten feet.wide (no center post between the gates). Gates should be secured with a standard padlock to allow for access by maintenance workers and mosquito and vector control personnel: a No. 5 Masterl-ockTM with key numbers 1 C95, 3203 or 0855. 6. Ponds and ponding basins should be constructed to allow easy de-watering when needed. 7. Ponding basin and pond edges should be maintained free of excess vegetation and trash that would harbor insects and support mosquito breeding when it falls or blows into the water. 8. Ponding basins and ponds should be managed to control algae and emergent vegetation (plants that emerge from shallow water), to remove harborage for mosquito breeding and to allow"mosquito fish" and other mosquito predators better access to their prey. 9. Ponding basins and ponds should maintain water quality that supports the survival of "mosquito fish" (Gambusia affinis, available from local mosquito and vector control agencies). Use caution when selecting herbicides and,pesticides for use in or near ponding basins and ponds, because many pesticides are toxic to fish. The asterisked guidelines modify the current City of Fresno Public Works Standard No. P-62 for Temporary Ponding Basins. 10/29/04 National Center.for Environmental Health Ii. division of Emergency and Environmental Health Services "Stormwater Management and Vector Breeding Habitats" The Public Health Problem Stormwater management regulations and practices developed by environmental management agencies address the environmental problem of sediments and other pollutants entering surface waters but do not address public health issues,such as preventing habitat production for disease-carrying mosquitoes and other vectors. Certain Stormwater management structures designed to reduce sediment and other pollutant loads in runoff(e.g., dry detention basins, retention ponds, media filtration devices, below-ground devices) frequently hold standing water for more than 3 days, creating potential mosquito breeding habitats. This in turn leads to the potential for mosquito-borne diseases such as West Nile virus and St. Louis encephalitis.. Even those stormwater facilities that are properly designed and constructed to minimize mosquito` breeding habitat may collect standing water if they are not maintained properly, thus creating the potential for mosquito breeding. Methods to Address this Public Health Issue A more integrated, systems-based approach is needed when developing and implementing solutions to environmental problems such as stormwater-runoff management. Local vector-control agencies (where they exist) or environmental health programs should be consulted during preconstruction design review to ensure that vector breeding habitat is minimized. These agencies and programs should also be consulted when developing maintenance schedules for stormwater management structures. Taking the following actions can help to ensure that mosquito-management programs incorporate a systems-based approach: • Properly design and construct stormwater control structures (especially regarding slopes,pipe inverts, and volumes) to minimize the inadvertent creation of standing water. Water should be held less than 72 hours whenever possible (shorter than minimum mosquito-breeding time). .- Minimize mosquito breeding for longer term or.permanent stormwater storage (>4-days)by introducing mosquito fish, by larvaciding, and by developing vegetation management plans. Include design depths greater than 4 feet to limit emergent vegetation that can enhance mosquito breeding habitat (e.g., cattails). • Make resources available and allocate specific responsibility for ongoing operation and maintenance of stormwater facilities, including monitoring and treatment if necessary. Clean accumulated sediments and clear brush and other debris to minimize standing water build-up ------------------7------------------------------------------ The Centers for Disease Control and Prevention (CDC)protects people's health and safety by preventing and controlling diseases and in)uries:enhances health decisions by providing credible information cn criticcl health issues:and promotes healthy living through strong partnerships with local, national,and international organizations. STATE-0F CALIFORNIA—BUSINESS.TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor DEPARTMENT OF TRANSPORTATION - 1352 WEST OLIVE AVENUE s P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX 559 488-4088 Flex your power! . Be energy e TTY (559)488-4066 efficient! f May 11, 2005 2131-IGR/CEQA 6-FRE-99-25+/- R-04-82 &T-5406 HARVEST Mr. Les Peterson Lennar Fresno, Inc. 7690 N. Palm Avenue, #101 Fresno, CA 93711 Dear Mr. Peterson: Thank you for your quick response to our letter regarding the deferment agreement for the 257- lot single-family residential subdivision located on the southwest comer of West Shields and North Cornelia Avenues. We have made the changes as indicated in your letter of May 3, 2005. Two copies are attached. Please sign and notarize both and return them to us at the above address. We will then return one original, signed and notarized by Caltrans, for your records. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 06 Enclosure C:Ms. Sandra Brock, City of Fresno Development Department Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" r a PRO-RATA SHARE FOR IMPROVEMENTS THIS AGREEMENT is made this day of , 20055 by and between the California Department of Transportation, hereinafter designated and called "Caltrans" and "Lennar Fresno, Inc.", hereinafter designated and called the "Owner"without regard for number or gender. RECITAL WHEREAS, the City of Fresno approved Rezone No. R-04-82 and map T-5406 on that certain parcel of land located as described in attached Exhibit "A' and WHEREAS, the applicant prepared a traffic analysis (nexus study) for the proposed development; and WHEREAS, the traffic analysis identified significant direct and cumulative transportation and circulation impacts beyond the boundary of the proposed development affecting State Highways; and WHEREAS, measures to mitigate these transportation and circulation impacts were identified in Caltrans comment letter of March 1, 2005, attached hereto and incorporated herein by this reference; and WHEREAS, said traffic analysis set forth the relationship between the proposed development and impacts to the State Route 99 intersection at Ashlan Avenue; and WHEREAS, Caltrans, utilizing the applicant's traffic analysis and Caltrans' estimated costs for the needed improvements; and WHEREAS, the project was approved by the Planning Commission with a condition to mitigate for impacts to the State Highway System. Now, THEREFORE, the Owner and Caltrans do hereby mutually agree as follows: I. A FAIR SHARE FOR TRAFFIC MITIGATION Owner agrees to pay Caltrans the project's pro-rata share of$8,124 for improvements to the State Route 99 interchange at Ashlan Avenue. Payment is due at the building permit stage. a, f IN WITNESS WHEREOF, the parties hereto have executed this agreement of the day and year first hereinabove written. CALIFORNI.k DEPARTMENT OF TRANSPORTATION BY: MARC S. BIRNBAUM, CHIEF OFFICE OF TRANSPORTATION PLANNING OWNER: LENNAR FRESNO, INC., A CALIFORNIA CORPORATION BY: STEVE LUTTON, VICE PRESIDENT z EXHIBIT A ��. ANDREWS i SHIELDS %i rG//i•/�!/.�/.//4'/r/ y/jr;�i/,r/ i� r/ /!././i!/„�/,;/,'.iii ri/ /��,.�i/,•„ :, it /•/•/:' ,r!r/ /i/ %/ . / /.• r, i/�! !�. r„!/,' lz 11 /!✓-ter`/:%i.; �/..�!..:/. !!!/:,,,,;�!.,/,�!%/.' • %'ri%i%i'i :i,: r/%iir��'ii:7�i��r%.fir''” 'i/'i%/�%/,� �;'% /.;. /,/! i %• irr //f/i'.i/, , /•,. 'r'! ./i r ��%'�� ice' //ii/ ! ,,/�/,/i ,:•,!i%%%;, r!i!r // � //, /!'•.//.%/,r r r/fir/r/%,i r.,/,ri,/ /,: _ . i f ,��i/i CCi tt_ LEGEND Subject Property U.G M.Area N. DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5406/UGM A.P.N.: 2S20? 15.16.1719. 021 REZONE APPLICATION NO. R-04-082 C _ From R•R(County)to R-11UGM %` ZONE MAP:2145 West of Cornelia Av., South of ShieldsAv. NOT to Sca�E BY/DATE: J.S.! 12-6-04 SSL TE OF CALIFORNIA—BUSINESS.TR4NSPORTATION.AND HOUSING AGENCY _ AIL*IOLD SCHIVARZENEGGER ovemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE s P.0. BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power! FAX (559)488-4088 Be energy efficient! TTY (559)488-4066 f ' March 1, 2005 2131-IGR/CEQA 6-FRE-99-25+/- R-04-82 &T-5406 HARVEST TRAFFIC IMPACT STUDY ADDENDUM Ms. Sandra Brock City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721 Dear Ms. Brock: Caltrans previously reviewed and commented on the rezone and map for a 257-16t single-family residential subdivision located on the southwest corner of West Shields and North Cornelia Avenues. The applicant's traffic consultant provided us with a copy of the draft Traffic Impact Study(TIS) and then with an addendum to that TIS. Caltrans has the following comments: This letter supercedes our comments from January 3, 2005. The addendum to the TIS appears to indicate that there would be no impact to the State Route (SR) 99 northbound and southbound off-ramps to Ashlan Avenue. Caltrans disputes this. While the consultant states that there will be no impact at SR 99/Ashlan, the TIS shows that the proposed development has six eastbound through movements on Ashlan at the northbound off- ramp. The consultant should confirm once more that the development would have no impact to the northbound or southbound off-ramps as the addendum to the TIS does not support this conclusion. We recently calculated an estimate for an interim improvement to widen this short segment of Ashlan. The cost of the improvement is $1,307,900. The calculated cost-per-trip is $1,354. Therefore,based on the data provided, the development's mitigation is to mitigate for cumulatively significant impacts is $8,124. Caltrans currently has an approved Project Study Report for the improvements to the SR 99 northbound off-ramp to Ashlan Avenue that provides both preliminary design and cost estimates for the various alternatives considered. While we do not have an approved PSR for improvements to the SR 99 southbound off-ramp to Ashlan, recent traffic studies have determined that improvements to this ramp will be needed as a result of the new residential. development in the area. It is expected that the traffic generated by this development would impact the Clinton Avenue intersections at Vassar, SR 99 northbound ramp, and Weber. The left-turn movement from westbound Clinton Avenue to Vassar Avenue and the left-turn movement from eastbound "Callrons improves mobilify across California" Ms. Sandra Brock March 1, 2005 Page 2 Clinton Avenue to Weber Avenue experience queues that extend into the SR 99 northbound ramps intersect�pn during the peak hour, The operation of the northbound ramp is thus adversely impacted and will be further impacted by this development. Improvements such as dual lefts at the intersection of Clinton and Weber Avenues should be investigated. Placing signals at the intersection of Clinton and Vassar should also be investigated. The City and the applicant should be informed of the State's future intention to close the partial interchange on southbound SR 99 at Princeton Avenue. The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. The area of Fresno west of State Route (SR) 99 between Shaw Avenue and Shields has been subject to numerous residential proposals recently. The City should be aware that these land use changes/new developments have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plar.Update Master EIR, the City should consider a mechanism for evaluating, and mitigating, for them. The City should consider using the "Toolbox" from the San'Joaquin Valley Growth Response Study to prepare an analysis of the impacts created by this and other approved de�yelopments in the City. This would help to clarify issues that have been raised since the General Plan Update regarding densities in general and the High Rise Corridor specifically. Caltrans is available to partner with the City in this endeavor. We request that this letter be made a part of the permanent public record for this project and that a copy of this letter as well as our December 21, 2004 letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions,please call me at(559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 06 Enclosure C:Ms. Jill Gormley, TPG Consulting, Inc. Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves niobility across Cnlijarnin'" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carp ools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. RESOLUTION NO. 2006-216 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5406 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, LENNAR FRESNO, INC., a California Corporation , has offered for approval a Final Map designated as Tract No. 5406, ("map"), pursuant to approved Vesting Tentative Map No. 5406 ("tentative map"); and, WHEREAS,all the certificates which appear on the map(except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been signed and acknowledged and said map has been filed for approval; and, WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and, WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State of California,and City ordinances,resolutions and standards,except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council; and, WHEREAS, the Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and, WHEREAS,the Subdivider and the Owners,whose signatures appear on the map,and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said map; and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. �doPud Resolution Approving the Final Map of Tract No. 5406 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That the map is hereby approved and all of the streets, public utility easements, access rights and other public properties and uses offered for dedication on the map are hereby accepted, subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation. 2. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council. Resolution Approving the Final Map of Tract No. 5406 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 13th day of .Tune , 2006. AYES: Boyajian, Calhoun, Dages, Perea, Sterling, Westerlund, Duncan NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC City Clerk By: —ALOZ APPROVED AS TO FORM: JAMES C. SANCHEZ Interim Citttorney eputy 1 RESOLUTION NO. 2006-222 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT NO. 5352 AND ACCEPTING DEDICATED PUBLIC USES THEREIN WHEREAS, Centex Homes, A Nevada General Partnership, has offered for approval a Final Map designated as Tract No. 5352, ("map"), pursuant to approved Vesting Tentative Map No. 5352 ("tentative map"); and, WHEREAS, all the certificates which appear on the map(except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been signed and acknowledged and said map has been filed for approval; and, WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and, WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State of California,and City ordinances, resolutions and standards,except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council; and, WHEREAS, the Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and, WHEREAS,the Subdivider and the Owners,whose signatures appear on the map,and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said map; and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. Resolution Approving the Final Map of Tract No. 5352 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That the map is hereby approved and all of the streets, public utility easements, access rights and other public properties and uses offered for dedication on the map are hereby accepted, subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation. 2. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council. Resolution Approving the Final Map of Tract No. 5352 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 13th day of .Tune , 2006. AYES: Boyajian, Calhoun, Dages, Perea, Sterling, Westerlund, Duncan NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC City Clerk By: x- APPROVED AS TO FORM: JAMES C. SANCHEZ .interim-Ci ttorney Deptry RESOLUTION NO. 2006-206 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5394 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, DAVID G. McMURRY, an unmarried man, has offered for approval a Final Map designated as Tract No. 5394("map"), pursuant to approved Vesting Tentative Map No. 5394("tentative map"); and, WHEREAS,all the certificates which appear on the map(except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been signed and acknowledged and said map has been filed for approval; and, WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and, WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State of California,and City ordinances,resolutions and standards,except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council; and, WHEREAS, the Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and, WHEREAS,the Subdivider and the Owners,whose signatures appear on the map,and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said map; and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. Adaptd , i Resolution Approving the Final Map of Tract No. 5394 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That the map is hereby approved and all of the streets, public utility easements, access rights and other public properties and uses offered for dedication on the map are hereby accepted, subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation. 2. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council. Resolution Approving the Final Map of Tract No. 5394 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 13th day of .lune , 2006. AYES: Boyajian, Calhoun, Dages, Perea, Sterling, Westerlund, Duncan NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC City Clerk By: A91 Deputy- APPROVED AS TO FORM: JAMES C. SANCHEZ Jnterim-City Attor e By: Deputy 4 RESOLUTION NO. 2006-205 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5409 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, SSBI STONEMARK HOMES, L.P., a California Limited Partnership ("owner"), has offered for approval a Final Map designated as Tract No. 5409 ("map"), pursuant to approved Vesting Tentative Map No. 5409 ("tentative map") for a condominium project ("project"); and, WHEREAS, all the certificates which appear on the map(except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been signed and acknowledged and said map has been filed for approval; and, WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and, WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Sections 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner previously filed with the Clerk of the Board of Supervisors of Fresno County, a Tax Compliance Certificate application along with copies of the map considered herewith by the Council;and, WHEREAS,Section 66427.1 of the Subdivision Map Act requires that Council find that tenants of the apartments to be converted to condominiums under the map have been properly noticed pursuant to that Section; and, WHEREAS, the owner has complied with all noticing requirements of Section 66427.1 of the Subdivision Map Act; and, WHEREAS, the owner has entered into a Condominium Conversion Agreement for Tract No. 5409 which includes an agreement to comply with the requirement to notice the tenants of Council's final approval of the map; and, WHEREAS,the owner has complied with all necessary noticing and informational requirements of Chapter 12, Article 9 of the Fresno Municipal Code for condominium conversions; and, WHEREAS, the Council finds that the proposed subdivision, together with the provisions for Abp — d '•I 7 Resolution Approving the Final Map of Tract No. 5409 Page 2 its design and improvement, is consistent with all applicable general and specific plans of the City; and, WHEREAS, the Subdivider and the Owners, whose signatures appear on the map, have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said map; and, WHEREAS, the Council of the City of Fresno, by formal resolution, approved said tentative map. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Council finds that all of the requirements under Section 66427.1 of the Subdivision Map Act for noticing tenants for condominium conversion have been met. 2. The Council finds that the owner has substantially complied with the requirements for condominium conversions under Chapter 12, Article 9 of the Fresno Municipal Code. 3. That the map is hereby approved and all of the streets, public utility easements, access rights and other public properties and uses offered for dedication on the map are hereby accepted. 4. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council. Resolution Approving the Final Map of Tract No. 5409 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 13th day of .Tune , 2006. AYES: Boyajian, Calhoun, Dages, Perea, Sterling, Westerlund, Duncan NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC CITY CLERK By: APPROVED AS TO FORM: JAMES C. SANCHEZ Interim City Attorney By. Deputy f 9 RESOLUTION NO. 2006-204 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5270 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5270 ("map"), pursuant to approved Vesting Tentative Map No. 5205 ("tentative map"); and, WHEREAS, all the certificates which appear on the map (except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been signed and acknowledged and said map has been filed for approval; and, WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and, WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council; and, WHEREAS,the Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and, WHEREAS, the Subdivider and the Owners, whose signatures appear on the map, and others have offered for dedication certain streets, public utility easements,access rights and other public properties and uses as shown and delineated upon said map; and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. A opt d d � l 7 • Resolution Approving Final Map of Tract No. 5270 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That the map is hereby approved and all of the streets, public utility easements, access rights and other public properties and uses offered for dedication on the map are hereby accepted, subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation. 2. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council. Resolution Approving Final Map of Tract No. 5270 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 13th day of June, 2006 AYES: Calhoun, Dages, Perea, Sterling, Westerlund, Duncan NOES: Boyaj ian ABSENT: None ABSTAIN: None REBECCA E. KLISCH, CMC CITY CLERK F-1121 By: gam_ APPROVED AS TO FORM: JAMES C. SANCHEZ Interim City Attorney By. Deputy