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HomeMy WebLinkAboutT-5428 - Conditions of Approval - 12/8/2005 City of Planning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX(559) 488-1020 May 24, 2005 Please Reply To: Dawn Marple (559) 621-8058 Birch Commons Richard Ginder 4015 North Fresno Street, Suite #106 Fresno, California 93726 Dear Mr: Ginder: SUBJECT: FINAL ACTION BYTHE FRESNO CITY PLANNING COMMISSION REGARDING TENTATIVE TRACT MAP NO. 5428/UGM FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH JACKSON AND EAST BIRCH AVENUES The Fresno City Planning Commission conducted a duly noticed public hearing on April 20, 2005, to consider Tentative Tract Map No. 5428/UGM. This application relates to a one.common lot subdivision on 4.74 acres consisting of 49 residential units including both one and two-story residences and gated access drives on property located on the northwest corner of North Jackson and East Birch Avenues. Following a full and complete hearing,the Commission adopted Resolution No. 12198 relating to the above application as follows: 1. Resolution No. 12198(enclosed)approved Tentative Tract Map No. 5428/UGM which relates to the creation of a one common lot subdivision on 4.74 acres of property located on the northwest corner of North Jackson and East Birch Avenues. The Planning Commission's action regarding the tentative tract map was not appealed. Therefore,their action is final and the matter was not heard by the City Council. Sincerely, PLANNING DIVISI N Dawn Marple, Planner II Enclosures: Planning Commission Resolution No. 12198 K:\Master Files-.Tract Maps\Tract 5428 Dawn Marple(1 lot condo C-03-14)\T-5428-Final Action Letter.doc FRESNO CITY PLANNING COMMISSION -- RESOLUTION NO. 12198 -= - 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, Tentative Tract Map No. 5428/UGM was filed with the City of Fresno and. proposes to subdivide the 49 unit apartment complex into a one common lot condo minium'subdivision on 4.74 acres of land located on the northwest corner of North Jackson and East Birch Avenues; and, WHEREAS, the Northeast Plan and Implementation Committee reviewed.the application on February 7, 2005, and recommended approval of the tentative tract map; and,. WHEREAS, the Planning and Development Department staff recommended approval of the proposed. project subject to all conditions of approval contained in the staff report dated April 20, 2005; and, 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, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Tentative Tract Map, No. 5428/UGM-may have a significant effect on the environment as identified by the Finding of Categorical Exemption issued on April 5, 2005, prepared for Environmental Assessment No. T-5428. BE IT FURTHER RESOVLED that the Fresno City Planning Commission finds that approval of the tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the 2025 Fresno General Plan and the Woodward Park 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 Tentative Tract Map No. 5428/UGM subject to the Planning and Development Department Conditions of Approval, dated April 20, 2005. The foregoing Resolution .was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes Vang, Cherry, Kissler, Vasquez, Brand Noes = None Not Voting None Absent - DiBuduo DATED: April 20, 2005 tFro OVINO, Secretary ty Planning Commission Resolution No. 12198 Tentative Parcel Map No. 5428/UGM Application filed by Lars Anderson and Associates, Inc., on behalf of Birch Commons Partnership Action: Recommend Approval .Y T FREoNO CITY PLANNING COMMISSION RESOLUTION NO. 12198 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, Tentative Tract Map No. 5428/UGM was filed with the City of Fresno and proposes to subdivide the 49 unit apartment complex into a one common lot condominium subdivision on 4.74 acres of land located on the northwest corner of North Jackson and East Birch Avenues; and, WHEREAS, the Northeast Plan and Implementation Committee reviewed the application on February 7, 2005, and recommended approval of the tentative tract map; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated April 20, 2005; and, 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, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Tentative Tract Map No. 5428/UGM may have a significant effect on the environment as identified by the Finding of Categorical Exemption issued on April 5, 2005, prepared for Environmental Assessment No. T-5428. BE IT FURTHER RESOVLED that the Fresno City Planning Commission finds that approval of the, tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the 2025 Fresno General Plan and the Woodward Park 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 Tentative Tract Map No. 5428/UGM subject to the Planning and Development Department Conditions of Approval, dated April 20, 2005. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes - Vang, Chert', Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduo DATED: April 20, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12198 Tentative Parcel Map No. 5428/UGM Application filed by Lars Anderson and Associates, Inc., on behalf of Birch Commons Partnership Action: Recommend Approval c"'of REPORT TU THE PLANNING COMMISSION AGENDA ITEM NO. vzzi-s rn=_i0:—4, COMMISSION MEETING 4-20-05 APPROVED BY April 20, 2005 FROM: STAFF, Planning Division DEPARTMENT DIRECT Planning and Developmen De ent SUBJECT: CONSIDERATION OF TENTATI E TRACT MAP NO. 5428/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-5428 EXECUTIVE SUMMARY Tentative Tract Map No. 5428/UGM is a request to subdivide 4.74 acres into a one common lot condominium subdivision located at the northwest corner of North Jackson and East Birch Avenues. The. project consists of 49 residential units including both one and two-story residences and gated access drives.A one common lot condominium map process is allowed by a provision of State law permitting*the sale of individual airspace to individual buyers and requiring that all buyers of residential air space share in common ownership of all buildings, streets, open space, walls, etc., on the entire site. The property is zoned R-1/UGM/cz, Single Family Residential/Urban Growth Management/conditions of zoning, and is consistent with the medium density residential land use designation shown for the subject property on the adopted 2025 Fresno General Plan and the Woodward Park Community Plan. Conditional Use Permit Application No. C-03-202 was filed for the subject property and approved by the Planning and Development Department Director on February 12, 2004, which approved the construction of 49 multiple-family residential units. Staff recommends approval of Tentative Tract Map No. 5428/UGM. PROJECT INFORMATION PROJECT A one common lot condominium subdivision on 4.74 acres consisting of 49 residential units including both one and two-story residences and gated access drives. The condominium process allows for the sale of individual airspace to individual buyers and requires that all buyers of residential air space share in common ownership of all buildings, streets, open space, walls, etc., on the entire site that is to be developed at a density of 10.34 units per acre APPLICANT Lars Anderson and Associates, Inc., on,behalf of Birch Commons Partnership LOCATION Northwest corner of North Jackson and East Birch Avenues (Council District 6, Councilmember Duncan) SITE SIZE . 4.74 Acres LAND USE Existing - Vacant (49 multiple family residential units under construction as approved under Conditional Use Permit Application C-03-202) Proposed - A one common lot condominium subdivision consisting of 49 residential units ZONING Existing - R-1/UGM/cz (Single Family Residential/Urban Growth Managementiconditions of zoning) REPORT TO THE PLANNING CuMMISSION Tentative Tract Map No. 5428/UGM April 20; 2005 Page 2 PLAN DESIGNATION. The proposed-subdivision is consistent with 2025 Fresno General AND CONSISTENCY Plan and the Woodward Park Community Plan land use designation of the site for medium density residential planned land use ENVIRONMENTAL FINDING A Class' 15 Categorical Exemption was filed. with the City Clerk's office on April 15, 2005 PLAN COMMITTEE The Northeast Plan and Implementation Committee reviewed RECOMMENDATION and approved the tentative tract map at their February 7, 2005• meeting STAFF RECOMMENDATION Approve Tentative Tract Map No. 5428/UGM BORDERING PROPERTY INFORMATION Planned.Land Use Existing Zoning Existing Land Use R-11UGM ° Single Family Residential/Urban North Medium Density Residential Giowth Management Single Family'Residential AE-51UGM Church Exclusive Five Acre Agricultural District/Urban Growth Management R-11UGMlcz South Medium Density Residential Single Family Residential/Urban Multiple Family Residential Growth Management/conditions of zoning R-11UGM Single Family Residential/Urban Growth Management Medium Density Residential AE-51UGM Rural Residence East Exclusive Five Acre Agricultural Cit of Fresno Pum Station Medium-High Density District/Urban Growth Management y p Residential R-21UGMlcz Multiple Family Residential Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning R-11UGM West Medium Density Residential Single Family Residential/Urban Single Family Residential Growth Management ENVIRONMENTAL FINDING This project is exempt under Section 15315/Class 15 of the California Environmental Quality Act (CEQA) Guidelines. A Class 15 categorical exemption was filed on April 15, 2005, with the City Clerk's office. No further environmental assessment is needed. BACKGROUND / ANALYSIS The applicant, Lars Anderson and Associates, Inc., on behalf of Birch Commons Partnership, has filed Tentative Tract Map No. 5428/UGM for approximately 4.74 acres of property located on the northwest REPORT TO THE PLANNING COMMISSION Tentative Tract Map No. 5428/UGM April 20, 2005 Page 3 corner of North Jackson and East Birch Avenues. The subject site is zoned R-1/UGM/cz (Single Family ResidentialJUrban Growth Management/conditions of zoning) zone district. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan which updated the Woodward Park Community Plan. The updated Community Plan designates the subject property for medium density residential land uses. Conditional Use Permit Application No. C-03-202 was filed for the subject property and approved by the Planning and Development Department Director on February 12, 2004, permitting the one and two-story 49-unit gated residential project. Approval of Tentative Tract Map No. 5428/UGM will allow for the individual sale of the residential units as condominium airspace. A one common lot condominium map process is allowed by a provision of State law permitting the sale of individual airspace to individual buyers and requiring that all buyers of residential air space share in common ownership of all buildings, streets, open space, walls, etc., on the entire site. The current R-1/UGM/cz zone district conforms to the medium density residential land use designation as indicated by the 2025 Fresno General Plan's "Planned Land Use and Zone District Consistency Matrix." Surrounding land uses are characterized by single family residential lots to the west. To the north there is a single family residence and a church facility. To the east there are multiple family residential units and a single family rural residence. To the south of the subject site there are multiple family residential units. Access to the subject site will be from East Birch Avenue, which is a local street. The traffic. generated by this project can be accommodated by the planned circulation system with street improvements completed by the project as required by development standards, Urban Growth Management (UGM) Service Delivery policies, and environmental impact mitigation measures. Sewer. and water infrastructure availability and service demands have been verified by the Department of Public Utilities. Northeast Plan and Implementation Committee The Northeast Plan and Implementation Committee reviewed and recommended approval of Tentative Tract Map No. 5428/UGM on February 7, 2005, by a vote of 5 to 0. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.).requires that a proposed, subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the Woodward Park Community Plan designates the site for medium density residential land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. REPORT TO THE PLANNING COMMISSION Tentative Tract Map No. 5428/UGM April 20, 2005 Page 4 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Planning Commission action on the proposed tentative tract map, unless appealed to the City Council, is final. State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has submitted the attached comments dated December 13, 2004, indicating that the proposed project in and of itself is not expected to create significant impacts to the state highway system, but that the project, when combined with other residential projects recently approved, will be cumulatively significant. Staff considered Caltrans' letter in preparing their initial study and determined that this project does not create impacts, including cumulative impacts, which were not identified in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. Therefore, additional analysis of this project, which generates vehicle trips below that requiring a specific traffic impact study, is not warranted. 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 either hold these monies or hand 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 the FMFCD and/or entering into a Joint Powers Authority or a Memorandum of Understanding. Conditions of Approval 1. Development shall take place in accordance with Tentative Tract Map No. 5428/UGM, dated December 6, 2004. .w REPORT TO THE PLANNING GQMMISSION Tentative Tract Map No. 5428/UGM April 20, 2005 Page 5 2. Development shall take place in accordance with Exhibit A of Conditional Use Permit Application No. C-03-202, dated October 15, 2003. 3. Development shall take place in accordance with the Conditions of Approval for Tentative Tract Map No. T-5428/UGM, dated April 20, 2005. CONCLUSION / RECOMMENDATION Staff recommends the Planning Commission,take the following action: 1. APPROVE the environmental finding of Environmental Assessment No. T-5428, dated April 12, 2005, that the project proposal is exempt from the requirements of the California Environmental Quality Act(CEQA) pursuant to Section 15315/Class 15 of the CEQA Guidelines. 2. APPROVE Tentative Tract Map No. T-5428 subject to compliance with the Conditions of Approval, dated April 20, 2005. KAMaster Files-Tract Maps\Tract 5428 Dawn Marple(1 lot condo C-03-14)\T-5428-PC Report-4-12-05.doc j Attachments: Vicinity Map 2002 Aerial Photograph of Site Tentative Tract Map No. 5428/UGM, dated December 6, 2004 Conditions of approval for Tentative Tract Map No. 5428/UGM, dated April 20, 2005, including letters from San Joaquin Valley Air Pollution Control District, dated December 16, 2004, and Fresno Metropolitan Flood Control, dated December 15, 2004 Letter from Caltrans dated December 13, 2004 Environmental Assessment No. T- 5428, Class 15 Categorical Exemption dated April 12, 2005 r � �� R Z 'S k Z ?kms` .' ° �� f '€�.s WIP m �R �G� �� � �' .� _�� s zr� R � �� , n..°. W ALLUVIAL F- F- X Mnl O r x ZR-P PINEDALE 0z �'' PINEDALE Q W �� " 3 s" f No- �`� Z i y Y + _ �y� "'�, '' gw Rs CHENNAULT Kms, CHENNAULT &y` .�`�. •�,t`F,-?'.' aa,.�& �-^' R�`x° r ', :C'y G� yy f< � 9 y�' �s. 5 \ BIRCH BIRCH z O F 3,.� yY SPRUCE v Rkt v c t �aEli 531114-01% �'�,C � a�Fy vs' Z 1 FRI- LEGEND Subject Property U.G.M.Area V_ICINITV Map PLANNING & DEVELOPMENT N DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5428/UGM A.P.N.:404-050-28.37 ZONE MAP: 1752 Northwest corner, Jackson and Birch Aves. NOT TO 11SCALE J BY/DATE: S / 12-6-04 c "d TV , lin r°u * raan�is,r� # ° � ' "�b� �C,� x �� � �,' �` •'r Y� m � ,-; ra"+'x+"r»s#"- � .• � T„e'� .y,� '�,w�a r z s ^,fir+ a c.�e rs ,.,h�r +rr'y' `Vee.`� pT'kO 1p - MIN ~ u '" r 's - 'C� i°' � n+z� a.,€' a � wrv� Q 3a�a# a s"-' �s: �' - ,,.F_ s w.,+, - ^a. a `' * '30, wp hxr*, zip .. ✓y fl'� fi w.x °,+q' �"'0o 4 5 � x � � + ff kkd� a rs�,•.;;. �, d 4� k r Wa + iwrsy .� 'k^� s`! 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IaY RIII/a t- {ug yp 4-J = O WO 91K9C a 5 g Z V g cz ice_, I $$@j$p$ s $ pp VO U0ay o 44r; 19 � ti bC ]O0 opo W Z11, > c uo o �g ogE. $ anuany uo;srteH R cj 3 et j 4 111$� g 311 . �c^' wv'^y zOsrxW 9to F=-m HHU118A 8 a3 � s I i CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL April 20, 2005 TENTATIVE TRACT MAP NO. 5428/UGM Northwest corner of North Jackson and East Birch Avenues All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Tentative Tract Map No. 5428/UGM entitled "Exhibit A," dated December 6, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans. and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 .and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to;construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval,,such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 4. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. CONDITIONS OF APPROVAL Tentative Tract Map No. 5428/UGM April 20, 2005 Page 2 5. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187," City Policy with Respect to Subdivisions"; and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 6. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos. 79- 606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting.tentative maps. 7. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act, The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted.in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 8. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title, or interest and the nature of their interest per State law. 9. The subdivider shall create a homeowners' association for the maintenance of all landscaped areas within the subdivision. A proposed Declaration of Covenants; Conditions, and Restrictions (CC&Rs) shall be prepared and the proposed instruments for the homeowners' association shall be submitted to the Planning and Development Department for review two (2) weeks prior to Final Map approval. Said document shall be recorded with the Final Map(s) or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners' association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&Rs, dated January 11, 1985. Information 10. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 11. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 12. 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. 13. 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. CONDITIONS OF APPROVAL Tentative Tract Map No. 5428/UGM April 20, 2005 Page 3 14. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number: 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 15. 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. 16. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 17. Solid waste disposal for the subdivision shall be provided as shown on Exhibit A, dated October 15, 2003, for Conditional Use Permit Application No. C-03-202. 18. The subdivider shall obtain any and all permits required for the removal or demolition of any building or structure located within the subdivision boundaries. The developer shall also obtain any and all permits required for the closure of any septic tank, cesspool, or water well. All permits shall be obtained prior to commencement of such work in accordance with Chapter 13 of the Fresno Municipal Code. CONDITIONS OF'APPROVAL Tentative Tract Map No. 5428/UGM April 20, 2005 Page 4 PARK SERVICE 19. Comply ,with the attached Public Works Street Tree requirements in the memorandum, dated December 3, 2003, issued for Conditional Use Permit Application No. C-03-202 and notes on Exhibit A, dated October 15, 2003. Urban Growth Management Requirements 20. 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 21. Comply with the requirements of the Fire memorandum, dated November 7, 2003, issued for Conditional Use Permit Application No. C-03-202 and notes on Exhibit A, dated October 15, 2003. Urban Growth Management Requirements 22. 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 23. 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. 24. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the ,tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall-be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate'a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 25. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). 26. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. 27. The subdivider shall construct an undergroundstreet 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. CONDITIONS OF APPROVAL Tentative Tract Map No. 5428/UGM April 20, 2005 Page 5 28. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 29. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 30. 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. Local Streets 31. Design and construct all curb, gutter, sidewalk, permanent paving, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for 50-foot and 54-foot streets. A sidewalk is not required on the north side of East Robinson Avenue. a. North Jackson Avenue: 60-foot local b. East Birch Avenue: 50-foot local 32. Any temporary dead-end streets created by this subdivision shall be.properly barricaded in accordance with Public Works Standard P-44. Urban Growth Management Requirements 33. This Map is in UGM major street zone E-1; therefore pay all applicable UGM Fees. SANITARY SEWER SERVICE The following sewer improvements shall be required prior to providing City sewer service to the project. 34. Separate sewer house branches shall be provided for each lot created. 35. All public sewer facilities shall be constructed in accordance with Deaprtment of Public Works standards, specifications, and policies. 36. Abandon all existing on-site private sewer septic systems in accordance with City standards, specifications, and policies. Urban Growth Management Requirements 37. The following Sewer Connection Charges are due and shall be paid for the project. a. Sewer Lateral Charge b. Oversize Sewer Area: #2 C. Trunk Sewer Charge: Herndon d. Wastewater Facilities Charge (Residential Only) CONDITIONS OF APPROVAL Tentative Tract Map No. 5428/UGM April 20, 2005 Page 6 WATER SERVICE The following water improvements shall be required prior to providing City water service to the project. 38. Separate water services with meter boxes shall be provided to each unit and located within the public right-of-way. 39. Installation(s) of public fire hydrant(s) are required in accordance with City Standards. 40. 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. 41. All public water facilities shall be constructed in accordance with City of Fresno standards, specifications, and policies. 42. Existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with the California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources, and City of Fresno standards. 43. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Urban Growth Management Requirements 44. The following Water Connection Charges and fees shall be paid for the project: a. Wet-tie(s), water service(s) and meter(s) b. Frontage Charge C. Transmission Grid Main Charge - d. Transmission Grid Main Bond Debt Service Charge e. UGM Water Supply Area: #101 s URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 45. 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 tentative tract maps. 46. 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 47. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. CONDITIONS OF APPROVAL Tentative Tract Map No. 5428/UGM April 20, 2005 Page 7 Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition+ not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section; an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights- of-way. FLOOD CONTROL AND DRAINAGE 48. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 49. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision*or any amendments or modifications to those requirements, which may be granted by the FMFCD Board of Directors, pursuant to Section 13- 1307 of the Fresno Municipal Code. These requirements are identified in the"District's letter to the Planning and Development Department dated December 15, 2004. 50. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between' the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding..basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 51. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated December 16, 2004, for Tentative Tract Map No. 5428/UGM. CONDITIONS OF APPROVAL Tentative Tract Map No. 5428/UGM April 20, 2005 Page 8 DEVELOPMENT FEES AND CHARGES 52. This project is subject to the following development fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth) b. Oversize Charge $0.05/sq. ft. (to 100-foot depth) C. Trunk Sewer Charge S.T.E.P.* Service Area: Herndon d. Wastewater Facilities Charge 'S.T.E.P." Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utiliies, Wastewater Division, Environmental Services Section (559) 621-5153 e. Copper Avenue Sewer Lift Station Charge n/a f. Fowler Trunk Sewer Interim Fee Surety n/a g. House Branch Sewer Charge n/a h. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE i. 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. j. Frontage Charge $6.50/lineal foot k. Transmission Grid Main Charge $643/gross acre I. Transmission Grid Main Bond Debt $243/gross area Service Charge M. UGM Water Supply Fee $456/living unit Service Area: 101 S n. Well Head Treatment Fee $0 Service Area: 101 o. Recharge Fee $0 Service Area: 101 CONDITIONS OF APPROVAL Tentative Tract Map No. 5428/UGM April 20, 2005 Page 9 p. 1994 Bond Debt Service $895/living unit Service Area: 101 DEVELOPMENT IMPACT FEE FEE RATE q. Northeast Fresno Policing Area $85/living unit r. Traffic Signal Charge $331.75/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* S. UGM Fire Station Capital Fee $307/gross acre Service Area: Undesignated t. UGM Park Fee $7,351/gross acre Service Area: 7 U. Major Street Charge $2,436/adj. acre Service Area: E-1 V. Major Street Bridge Charge $254/adj. acre Service Area: E-1 W. UGM Grade Separation Fee n/a X. Trunk Sewer Charge n/a Service Area.: Herndon Y. *Street Acquisition/Construction Charge n/a K:1Master Files-Tract MapsMact 5428 Dawn Marple(1 lot condo C-03-14)1T-5428-UGM-COA 4-20-05.doc San Joaquin Valley Air Pollution Control District December 16, 2004 Reference No. 808DEV2004 CIF 77 Dawn Marple C." Planning & Dev. Dept. 2600 Fresno St.,Third Floor Fresno, CA 93721-3604 ` DEVELOPMENT DEPARTMENT Subject: T-5428—APN 404-050-28, 37 CITY OF FRESNO Dear Ms. Marple: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: Previous comments: To Stan Dilbeck for C-03-014, Sent February 10, 2003, Ref. No. 045DEV2003 To.Dawn.Marple for C-03-202, Sent November 10, 2003, Ref..No.654DEV2003 Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at— http://www.valleyair.org/rules/1 ruleslist.htm. - Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. If a residential project is 10.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must.provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see section 6.4.1). A compliance assistance bulletin has been enclosed for the applicant. 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 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 Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, Ms. Marple December 16,2004 T-5428 Page 2 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.valleyair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. Rule 4902 (Residential Water_Heaters) limits emission of NOx from residential developments. The District encourages innovation in measures to reduce air quality impacts. There are a number of 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.org For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.lgc.org/bookstore/energy/downloads/siv treeguidelines.pdf • 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 the project, and out of the project area. 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 http://www.agmd.gov/business/brochures/zerovoc.html High-albedo (reflecting) roofing material. See http:Heetd.lb1.gov/coolroof/ - Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors, See http://www.harc.edu/hare/Proiects/CooIHouston/ , http://eande.lb1.gov/heatisland/ - Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/ref brief s/bc7.htm I - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ - Install solar water-heating system(s) Ms. Marple December 16,2004 T-5428 Page 3 - Install photovoltaic cells - Programmable thermostat(s) for all heating and cooling systems Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans - Utilize passive solar cooling and heating designs.' (e.g. natural convection, thermal flywheels) See hftp://www.eere.enerciv.qov/RE/solar—passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior_ of the units to encourage use of electric landscape maintenance equipment Class I bicycle parking facilities should be provided for residents. Construct paths to connect the development to nearby bikeways or sidewalks. See hftp://www.vtpi.org/tdm/tdm85.htm Use low or non-polluting landscape maintenance equipment (e.g. electric lawn mowers, reel mowers, leaf vacuums, electric trimmers and edgers, etc.) Pre-wire the units with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning heaters) Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) Exits to adjoining streets should be designed to reduce time tore-enter traffic from the project site More information can be found at: http://www .lgc.org, http;//www.sustainable.doe.gov/, http://www.consumereneraycenter.org/index.html http://Www.ciwmb.ca.gov/GreenBuildinci • 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.vallevair.org • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- hftp://www.dsireusa.org , http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/- • Construction activity mitigation measures include:: - - - - Limit traffic speeds on unpaved roads to 15 mph - Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site - Install wind breaks at windward side(s) of construction areas - Suspend excavation and.grading activity when winds exceed 20 mph - Limit area subject to excavation, grading, and other construction activity at any one time - Use catalyst equipped diesel construction equipment. - 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 11 engines. Tier I and Tier 11 (2.5 Ms. Marple December 16, 2004 T-5428 Page 4 _:• 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.gov/msi)rog/offroad/cert/cert.phi). This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin,McCaffrey, Air Quality Specialist, at (559) 230-5831. - Off road trucks should be equipped with on-road engines when possible. - Light Duty Cars and Trucks should be alternative fueled or hybrids. - Minimize obstruction of traffic on adjacent roadways. District staff is available to meet with you, and/or the applicant to further discuss the regulatory requirements that are associated' with this project. If you have any questions or require further information, please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at (559) 230-5820 and provide the reference number at the top of this letter. Sincerely, Chrystal reier Student Intern Central Region Enclosures c:file i e File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager BIRCH COMMONS,A CALIFORNIA GP Planning & Development Department 4015 N. FRESNO ST., SUITE 106 City of Fresno FRESNO, CA 93726 2600 Fresno Street Fresno, CA 93721 MAP NO. 5428 PRELIMINARY FEES See below DRAINAGE AREA(S) " CM - DRAINAGE AREA CM it $0.00 DATE /a /,�C)y DRAINAGE AREA TOTAL FEE $0.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The . O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The.proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee_obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing MasterPlan drainage system facilities is credited against the drainage fee obligation. saes 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 4L4 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site, improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer": X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify : to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s):'' - b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: X Appears to be located within a X 500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. Does not appear to be located within a flood prone area: 5428 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. 1-4-4 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 MasterPlan facilities located within the development or necessitated by any off-site improvements required by the approving agency: - Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map Street Plan Water& Sewer Plan Other 4. Availability-of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not,be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: X Appears to be located within a X 500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. Does not appear to be located within a flood prone area. 5428 .5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing five or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board(State Board), develop and.implement a storm water pollution prevention plan, eliminate non-storm water discharges,conduct routine site inspections,train.employees O in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by co Standard Industrial Classification(SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. 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. . e 5428 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITANFLOOD 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 Tight 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 Engineer: Elle Miller District Engineer, Assistant General Manager C: LABS ANDERSEN & ASSOCIATES, INC. 4630 W. JACQUELYN AVE., SUITE 119 FRESNO, CA 93722 5428 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document y s� FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits, eliminate the.potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this.Notice of Requirements. g. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations'and requirements. Gerald E. Lakemarf, Project Engineer: Elle Miller District Engineer, Assistant General Manager C: LARS ANDERSEN &.ASSOCIATES, INC. 4630 W. JACQUELYN AVE., SUITE 119 FRESNO, CA 93722 5428 5469 E.OLIVE- - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. "CY" 30" n ALLUVIAL AVE. I "cm" 1 � I I � ; 1 1 I I 1 T>L I � 1 1404-050-27 1 / 1 1 / I ti/ - I I I I0 / ILj > 04 Y BIRCHi AVE. 1404-050-032 LEGEND = - EXISTING MASTER PLAN FACILITIES -� DIRECTION OF DRAINAGE SCALE 1"=200' ------ INLET BOUNDARY DRAINAGE AREA BOUNDARY TRACT 5428 DRAINAGE AREA: "CM" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT nae 12090► K:\AUTOCAD\DWGS\OEXHIBR\TRACTS\5428.DWG - Ra. OTHER REQUIREMENTS EXHIBIT NO. 2 In an effort to improve storm water runoff quality, outdoor storage areas shall be constructed and maintained such that material which generates contaminants will not be conveyed by runoff into the storm drain system. The District encourages,but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Development No. Tract 5428 engr\perm its\exhibit2\tract\5428(em) ,STATE,OF CALIFORNIA—BUSINESS.TRANSPORTP. !AND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Govcmor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE : d P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power! FAX (559)488-4088 Be energy efficient! TTY .(559)488-4066 December 13, 2004 F L DEC ;, Ela 2131-IGR/CEQA 6-FRE-41-R030.9+/- r„! -n T-5428 (C-03-202) BIRCH COMMONS Ms. Dawn Marple City OfFV-snn Develop—ent Depgrtment 2600 Fresno Street,Third Floor Fresno, CA 93721-3604 Dear Ms. Marples We have reviewed the inap for the proposed condo conversion on East Birch between North Cedar and North Jackson Avenues. Caltrans has the following comments: The proposed development, in and of itself, is not expected to create significant impacts to the State Highway. System. However, the City.should be aware that continued development has the potential to create cumulatively significant.impacts to both transportation and air quality. As cumulative impacts were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating these impacts. 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. Piease send a copy of the staff report(s)to Caltrans prior to any scheduled hearings for this item. 1f you have any questions,please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 . C: Ms Barbara Goodwin,Council of Fresno County Governments "Caltrans.improves mobility across California” CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. T-5428 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Birch Commons'' 4015 North Fresno Street, Suite #106 Fresno, California 93726 PROJECT LOCATION: Located on the northwest corner of North Jackson and East Birch Avenues. (APN: 404-050-39) PROJECT DESCRIPTION: Tentative Tract Map No. 5428 proposes to create a one common lot condominium subdivision on a 4.74 acre site that is currently being constructed with a 49-unit multiple family residential project. This project is exempt under Section 15315/Class 15 of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15315/Class 15 exempts from the provisions of CEQA,the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have.an average slope greater than 20 percent. The proposed project is consistent with the 2025 Fresno General Plan policies and the Woodward Park Community Plan.The site has no value as habitat for endangered, rare or threatened species and complies with all conditions of the Class 15 Categorical Exemption. No adverse environmental impacts would occur as a result of the proposed condominium project as the site is currently being constructed with a 49- unit residential project. Date: April 12, 2005 Prepared By: Daw rple, Plan / ® L L � Submitted By: "— Gilbert J. Haro tPlanning Mana `L City of Fresno UW Planning & Development Department LLJ �CZ (559)621-8277 U-1 ~ KAMaster Files-Tract Maps\Tract 5428 Dawn Marple(1 lot condo C-03-14)\T-5428-CAT.doc Q N C� ' CITY OF FRESNO PLANNING AND DEVELOPMt,-4T DEPARTMENT NOTICE OF PUBLIC HEARING TENTATIVE TRACT MAP NO. 5428/UGM NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 4, Chapter 12, of the Fresno Municipal Code, will conduct a public hearing to consider Tentative Tract Map No. 5428/UGM, filed by Lars Anderson and Associates, on behalf of Birch Commons. The subject site is approximately 5 acres in area and is located on the northwest corner of East Birch and North Jackson Avenues. The subject application would facilitate the development of a 1-lot, gated condominium subdivision. 1. TENTATIVE TRACT MAP NO. 5428/UGM: Proposal to subdivide the 5 acre project site into a 1-lot condominium subdivision with 49-units previously approved by Conditional Use Permit Application No. C-03-202. 2. ENVIRONMENTAL ASSESSMENT NO. T-5428: Recommend a Class 15, Categorical Exemption be adopted for the above-noted application. FRESNO CITY PLANNING COMMISSION Date: Wednesday, April 20, 2005 Time:6:00 p.m., or thereafter - Place: Fresno City Hall Council Chamber, Second Floor 2600 Fresno Street, Fresno,:California 93721 Any interested person may appear at the public hearings and present testimony in regard to this matter. If you challenge any of the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The Planning Commission's action on the tentative tract map application will be final unless appealed in accordance with the Fresno Municipal Code. NOTE: Government Code Section 65091 (Planning and Zoning Law) requires that this notice be sent to owners of property within 300 feet of the subject property. The City of Fresno Planning and Development Department mails this notice to the property owners within 350 feet. For additional information, contact Dawn Marple, Planning and Development Department, Planning Division, City Hall, 2600 Fresno Street, Fresno, California 93721-3604, by - telephone at (559) 621-8058, or via e-mail at Dawn.Marple@fresno.gov. NICK P. YOVINO, Secretary Fresno City Planning Commission DATED: April 8, 2005 Tentative Tract Map No. 5428 i _— L FOR CONDOMINIUM PURPOSES IN THE CITY OF FRESNO,COUNTY OF FRESNO,STATE OF CAUFORNIA •/ .' �"" w.,-- Remy a pwUm al SKU—35,T.115.•R.10 E.,M.O.B.&M- r'7 m•"Ou_ •^" Ch--ft Avenue +•' +r 02. ANI T u,,.`..' Street ,14.ame Review : ' TM-5428 12-22-04 Street Name Status Required Change Chennault Avenue Chane East Chennault Avenue Birch Avenue Chane East Birch Avenue Ha ston Avenue Chane North Ha "ton Avenue Jackson Avenue Chane North Jackson Avenue City of DATE: December 20, 2004 TO: Dawn Marple, Planner II Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manage Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5428, Public Works Conditions of Approval (Jackson: between Herndon and Alluvial) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5428, which was submitted by Birch Commons, a California General Partnership. 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 handicap access ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution No. 78-522/88-229. ' Submit the following 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: Local Streets: Design and construct all curb, gutter, sidewalk, permanent paving and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for fifty (50) foot and sixty (60) foot streets. a. Jackson Avenue: 60' local b. Birch Avenue: 50' local Specific Mitigation Requirements: 1. This tract will generate 21 a.m. / 25 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. UGM Requirements: This Map is in UGM major street zone E-1; therefore pay all applicable UGM fees. Page 1 of 1 L:\Traffic Planning Section\Tract Maps\T=5428 JACKSON BTWN HERNDON&ALLUVIAL.doc CITY OF FRESNO ENVIRONMENTAL ASSESSMENT REQUEST FOR COMMENT/INFORMATION Page 1 of 2 COMMENT DEADLINE DECEMBER 23, 2004 FILE NO.: T-5428 TO: JOSE BENAVIDES/ RETURN TO: PLANNING DIVISION LOUISE MONROE Development Department Transportation 2600 Fresno Street Public Works Department Fresno, CA 93721-3604 ATTENTION: DAWN MARPLE Phone: (559) 621-8058 PROJECT DESCRIPTION: Tentative Tract No. 5428/UGM, a one-lot, 49-unit single-family residgntial condominium proiect 4.7 acres located on the northwest corner of North Jackson and East Birch Avenues. Existing R-2/UGM/CZ zoning. Unit construction approved under Conditional Use Permit No. C-03-14. LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT. PROJECTED TRAFFIC GENERATION (VTD CALCULATIONS) Existing Land Use (For plan amendments use planned land use if site is undeveloped): Proposed Land Use: STREET CAPACITY (LATEST COUNT/DATE): (LOCAL 2- LAN�Z IDENTIFY ANY TRAFFIC STUDIES FOR THE AREA: ' a-1 ack5o►� PLEASE LIST SPECIFIC MITIGATION MEASURES THAT YOU WOULD RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS. DATE MAILED: DECEMBER 6, 2004 Should you not respond by the date indicated for the comment deadline at the top of this page, it will be assumed that the project's impacts are not of a magnitude to merit response in terms of your particular expertise of area of concern. :---:PROJ/5 E.A. Request for Comment/Information REQCOMM.FORM Page 2 of 2 THE INITIAL STUDY,EVALUATING THE PROJECT SHOULD RESULT LN: ❑ AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an,Environmental Impact Report. ❑ NEITHER OF THE ABOVE, THERE IS INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The following additional information should be provided: REVIEWED BY: (Print Name, Title) (!Ng9u e) (Phone) . ❑ Check if you need a copy of the initial study, Use,this space for additional information if needed. --:---:PROJ/2 E.A. Request for Comment/Information T-5428 JACKSON Summary of Average Vehicle Trip Generation For 49 Dwelling Units of Residential Condominium / Townhouse December 08, 2004 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two-Way Volume Enter Exit Enter Exit Average Weekday 287 3 18 17 8 24 hour Peak Hour Two-Way Volume Enter Exit Saturday 278 12 11 Sunday 237 11 11 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003 . TRIP GENERATION BY MICROTRANS City of DEPARTMENT OF PUBLIC UTILITIES Date: December 15, 2004 To: DAWN MARPLE, Planner II Planning and Development Department From: DOUG BECKER, Supervising g Engineerin Technician � Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5428lUGM General Tentative Tract No. 5428/UGM proposes a one-lot, 49-unit single-family residential condominium project (approximately 4.7-acres) located in the northwest corner of North Jackson and East Birch Avenues. Existing zoning R-2/UGM/cz. (Unit construction approved under Conditional Use Permit No. C-03-14) Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The following sewer improvements shall be required prior to providing City sewer service,to the project: 1. Separate sewer house branches shall be provided for each lot created. 2. All public sewer facilities shall be constructed in accordance with Department of Public,Works standards, specifications, and policies. 3. Abandon all existing on-site private sewer septic systems in accordance with City standards, specifications, and policies. 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: #2 3. Trunk Sewer Charge: Herndon 4. Wastewater Facilities Charge (Residential Only) Water Requirements The following water improvements shall be required prior to providing City water service to the project.- 1. :1. Separate water services with meter boxes shall be provided to each unit and located within the public right-of-way. 2. Installation(s) of public fire hydrant(s) are required in accordance with City Standards 3. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 4. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 5. Seal and abandon existing on-site well(s) 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. 6. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water Fees The following Water Connection Charges and fees shall be paid for the project: 1. Wet-tie(s), water service(s) and meter(s). 2. Frontage Charge 3. Transmission Grid Main Charge 4. Transmission Grid.Main Bond Dept Service Charge 5. UGM Water Supply Area: # 101s GOVERNMENT 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. Tentative Tract Map No. 5428 SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) 2. Oversize Charge $0.05/sq. ft. (to 100' depth) 3. Trunk Sewer Charge S.T.E.P.* Service Area: Herndon 4. Wastewater Facilities Charge S.T.E.P.* *Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)as determined by the Department of Public utilities,Wastewater Division,Environmental Services Section(559-621.5153). 5. Copper Avenue Sewer Lift Station Charge n/a 6. Fowler Trunk Sewer Interim Fee Surety n/a µ 7. House Branch Sewer Charge n/a 8. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE 9. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. 10. Frontage Charge $6.50/lineal foot 11. Transmission Grid Main Charge $643/gross acre 12. Transmission Grid Main Bond Debt Service Charge $243/gross acre 13. UGM Water Supply Fee $456/living unit Service Area: 101 s 017 14. Well Head Treatment Fee $0 Service Area: 101 15. Recharge Fee $0 Service Area: 101 16. 1994 Bond Debt Service $895/living unit Service Area: 101 DEVELOPMENT IMPACT FEE 17. Northeast Fresno Policing Area $85/living unit 18. Traffic Signal Charge $331.75/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* 19. UGM Fire Station Capital Fee $307/gross acre Service Area: 13 20. UGM Park Fee $7,351/gross acre Service Area:? 21. Major Street Charge $2,436/adj. acre Service Area: E-1 22. Major Street Bridge Charge $254/adj. acre Service Area: E-1 23. UGM Grade Separation Fee n/a 24. Trunk Sewer Charge n/a Service Area: Herndon 25. *Street Acquisition/Construction Charge n/a c:\myfiles\wp\tract5428\tentafiv.mlm I ' i San Joaquin valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation VIN, Fugitive PM10 Prohibitions, of:the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 2004.. This is a basic summary of the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20% means dust that would obstruct an . observer's view of an object by 20% District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased. .projects where disturbed land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover. Carryout and.Trackout occur when materials from emptied or loaded vehicles falls onto a paved surface or shoulder of a public road or when materials adhere to vehicle tires and are deposited onto a paved surface or shoulder of a public road. Should either occur, the material must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean=up methods require the complete removal and cleanup of mud and dirt from the paved surface and shoulder. Using a blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a violation. Larger construction sites must prevent carryout and trackout from occurring by installing gravel pads, grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from the site. Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet. Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing.wind barriers to limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700"M"Street,Suite 275 Modesto,CA 95356-9321 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 (209)557-6400 ♦ FAX(209)557-6475 (559)230-6000 ♦ FAX(559)230-6062 (661)326-6900 ♦ FAX(661)326-6985 with applying water to the top of the load, and covering the cargo compartments are effective measures for reducing VD and carryout from vehicles transporting bulk materials. Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces where materials may fall. Consider all structures slated for demolition as possibly being regulated because of asbestos, per District Rule 4002 - National Emission Standards for Hazardous Air Pollutants. 'Contact the District well, before starting because a 10 working day notice will. likely be required before a demolition can begin. Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented before, during, and after any dust generating activity.for the duration of the project. Owners or operators are . required to submit plans to the District if, at anytime, the project involves: • Residential developments of ten or more acres of disturbed surface area. • Non-residential developments of five or more acres of disturbed surface area. • Relocating more than 2,500 cubic yards per day of materials on at least three days. Construction activities may not commence until the District has approved the Dust Control Plan. Notification by owners or operators of construction projects that are at least one acre in size and where a Dust Control Plan is not required, must provide written notification to the District at least 48 hours in.advance of any earthmoving activity. Record Keeping is required to document compliance with the rules and must be kept for each day any dust control measure is used. The District has developed record forms for water application, street sweeping, and "permanent" controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Records must be kept for one year after the end of dust generating activities (Title V .sources must keep records for five years). Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all Regulation VIII requirements and Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities exempts the following construction and earthmoving activities: • Blasting activities permitted by California Division of Industrial Safety. • Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the existing building or less than 10,000 square feet (due to asbestos concerns, contact.the District at least two weeks ahead of time). • Additions to single family dwellings. • The disking of weeds and vegetation for fire,prevention on sites smaller than % acre. • Spreading of daily landfill cover to preserve public health and safety and to comply with California Integrated Waste Management Board requirements. Nuisances are prohibited at all times because. District Rule 4102 — Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is important to monitor: dust- generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive dust. For more information,please contact the Compliance Division of the District office nearest to.you. Information on Regulation Vlll, where you may obtain copies of record keeping forms, the Dust Control Plan template, and the Construction Notification form, is available on the District's website at: www.valleyair.org -� . . S. CD CD CD d 61 7 = D O. C) (n - (n y j 7 O O , O 41 - 61 Cb W m 0 C O D (D D. �* m (D EA 7• 3 .F.a: (D (D a �. . . k o- 0 7 d cn ° N O p O 7 t c m Da 07a w Cn m ° a ° 04 °c wo Cn m O a — = m 5 Da 3 ° -- O 3 �• 7 7 (D m (D o -0 U n 0O -O &i (D d Cn 0 m Da r+ �, 'r P ,�/. CD 0 (D O 3., 7 O 6) 0 (D 0 � fn N Cn n' 61 CD 7 r+ �� 41 -O F fn 7 O 61 d O 0 c d (D ' CL a m pmp 7 (�D. 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QK.�.,. y O.Lcu 0 U O, a O Z, ca �, O O O C Y .0 O O by ` a) 4) � - y VO) O O� OC yFt 0a 3 1 T to Llp L •C .0 ]knL >..'� O>d0 e (O tip L C u) a) -p a) d +� tL O u) O E It .0 +� cu. +, s. 4) > > a7 C y c o a. o �G� �-I c cv N o t ` ffr a U a z a7 FL c DEC.28.2004 10:05AM CLOVIS UNIT SCH DIST NO.895 P.2 CLOVIS U N I F I E` D December 227 2004 SCHOOL DISTRICT 14SO HERNDON AVENUE Dawn Marple,Planner II CLOVIS,CA 93611-0567 City of Fresno 559.327.9= Planning&Development Department Www.elovlsesd.kI2.rsus 2600 Fresno Street, Third Floor Fresno,,CA 93721-3604 SUBJECT: Tentative Tract No. 5428 Northwest corner of Jackson and Birch GOVERNING WARD Sandra A.Bengel Dear Ms Marples ArtaGW o.Hurd The purpose of this letter is to provide school district information relative to the cltutiyL.xo�+xplart pmP ' Richard Lake.C.P.A. above-referenced application and .to comply with Business and Professions Code iElizabeth 1.Sandoval section 11010, subdivision (b)(11)(A) regarding the provision of school-related 11m Van VaiIdnburg.D.D.S. information to the subdivider/owrxer and the State Department of Real Estate. Susan M.Walker.D.H.Sc- Residential development resulting from the project will affect the District by generating students that will need to be housed in District schools. Assuming that the project site will be developed with 49 condominium units, the following comments can be made at this time: L. The number of students generated by the project is estimated as follows: grades Terry Bradley,MO. K-6, 10 students; grades 7-8 4 students;• grades 9-12, 9 students. Supcdlntendeve > Virgtttla IL Boa.Ed.O. Assodare Superintendent 2. Elementary School Information: Daniel L Kaiser.Ed.D. A&wclateSupedntendent (a) The subject land is presently within the attendance area of the elementary A unam a uperiaMoGuItc school(grades K-6) listed below: /lsaoclate SuperJntcndent Janet L Young,Ed.D. A.uodate5uperfnrendent School Name: Mountain view Elementary School Address: 2002 E. Alluvial, Fresno, CA 93720 Telephone: (559) 327-7500 Capacity: .625 Enrollment: 746 (CBEDS Enrollment 2004-05 School Year) (b) Because of rapid growth in the District and the District's plans for construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than Mountain View, and(2) students residing in the project area may attend more than one elementary school within the District during their elementary school years. DEC.29.2004 10:05AM CLOVIS UNIF SCH DIST ` NO.895 P.3- Dawn Marple December 22,2004 Page 2 3. Intermediate and High School Information; (a) The project area.is currently served by the following intermediate school (grades 7-8) and high,school(grades 9-12)- School Name: Alta Sienxa Intermediate School Address: 380 W. Teague Avenue, Clovis,CA 93611 Telephone: (559) 3273500 Capacity: 1,377 Enrollment: 1,726 (CBEDS Enrollment 2004-05 School Year) i School Name: Buchanan High School Address: 1560 N.Mirmewawa, Clovis, CA 93611 Telephone: (559) 327-3000 Capacity: 2,835 Enrollment: 2,859 (CBEDS Enrollment 200405 School Year) (b) The District will be constructing its fifth high school and fifth intennediate school at the northwest comer of Willow and International Avenues. These facilities are planned to be constructed and operational by the 2007-08 school year (for grades 7, 8 and 9) and phased into full operation(grades 7-12)by the 2010-11 school year. 4. Bus transportation is currently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than ..two and one-half miles from school. Transportation will be available for students attending the above-identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. - 5. The District currently levies a school facilities fee of$2.42 per square foot for residential development. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. The District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project. Thank you for the opportunity to comment on the project. Please contact me if you have any questions regarding this letter. Sincerely, Bill McGuire Associate Superintendent Administrative Services Page 1 of 1 Nathan Sanchez - Tract Map No 5428/UGM From: Nathan Sanchez +wµ To: Dawn Mar le I' Date: 12/23/2004 2:07 PM e Subject: Tract Map No 5428/UGM t } Subject property is located west of Maple Avenue and north of Herndon Avenue. Proposed tentative Tract Map No. 5428, Existing Zoning R-2/UGM/CZ, is approx. 22,000 feet north of runway 11L-29R of the Fresno Yosemite International Airport. Department of Airports Review We anticipate no adverse impacts on the Fresno Yosemite International Airport or Fresno-Chandler Executive Airport. L. Nathan Sanchez Engineering Tech Voice: 559-621-4527 Fax: 559-498-5549 E-Mail: Nathan.Sanchez@ci.fresno.ca.us Fresno Yosemite International Airport- Projects file-//CADocuments%20and%20Settinas\iunesan\Local%2OSettinas\Tem r)\GMM... 12/23/2004 City Of c'bIMd5, 1 PLANNING AND DEVELOPMENT DEPARTMENT December 30, 2004 To: Dawn Marple, Planner 11, Through: Karana Hattersley-Drayton Historic Preservation Project Manager From: Will Tackett Planner I, Historic Preservation Aide Subject: Tentative Tract No. 5428 Thank you for the opportunity to comment on Tentative Tract Map No. 5428. I have reviewed the tentative tract map for this project located on the northwest corner of the intersection of East Birch and North Jackson Avenues north of East Herndon Avenue. The project footprint encompasses single family residential land uses surrounding the subject parcels (404-050-28, 37)pending subdivision. According to the Tentative Tract Map, there do not appear to be any extant pre-1954 resources present (i.e. buildings or structures, cultural landscapes, canals, etc.). Furthermore, after reviewing historic references it is evident that the area in question is not associated with early Fresno County agricultural colonies. Unless new findings occur, as a result of development, no further historic or cultural review will be required per CEQA. City of !'Clcl��►,0��li, PUBLIC WORKS DEPARTMENT DATE: December 23, 2004 TO: DAWN MARPLE, Planner II Planning and Development Department FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5428 AND CITY OF FRESNO COMMUNITY FACILITIES DISTRICT 1. If approved by Council, the following features may be maintained by Community Facilities District No. 11. ■ Maintenance of all Pavement, Curbs, Gutters, Sidewalks, Street Lights, Median Curbs, Street Trees and Street Furniture to street center within N. Birch and Jackson Avenues and bordering the tentative map. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me at 8695. c:PW File No. 10770 File:\word\cfd2\ttmapreview\tt5379 .OFFICES OF �1PT O ARJ 11 ATIO� 1 PHONE(559)233.7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE .., - FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water December 10, 2004 Dawn Marple City of Fresno Planning Division Land Division Section 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 RE: Tentative Tract Map No. 5428/UGM Dear Ms. Marple, 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 Selina Adams Engineering Assistant 71 11�I // Agencies\City\TTM5428