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Home My WebLink AboutT-5433 - Conditions of Approval - 12/15/2005 C'"01 ,��, REPORT TO THE PLANNING COMMISSION MES, AGENDA ITEM NO. vlrl-C ■ COMMISSION MEETING 2/16/05 February 16, 2005 �, { APPROVED BY FROM. STAFF, Planning Division �� Planning and Development Department DEPARTMENT DIRECTOR SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5433/UGM, CONDITIONAL USE PERMIT APPLICATION NO. C-04-272 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-04-54/T-G8j' 54.:3 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5433/UGM and Conditional Use Permit Application No. C-04-272, filed by W CM Land, proposes the development of approximately 22 acres of property located at the southwest corner of North Jeanne and West Bullard Avenues: Vesting Tentative Tract Map No. 5433/UGM proposes to subdivide the subject property into a 168-lot single family residential subdivision with two outlots. Conditional Use Permit Application No. C-04-272 is a request to develop the subdivision with gated private streets, landscaped outlots, reduced lot sizes and reduced front, rear and side yard setbacks. There are related plan amendment and rezone applications which will be heard by the Fresno City Council on March 1, 2005 which propose to designate the site for medium density residential planned land uses and zone. the site R-2/UGM (Low Density Multiple Family ResidentiaU Urban Growth Management). The plan amendment and rezone applications were recommended for approval by the Planning Commission on February 9, 2005. This map is supported by staff and the Bullard Community Plan Citizens Advisory Committee. PROJECT INFORMATION PROJECT A 168-lot single family residential subdivision to be developed at an overall density of 7.6 dwelling units per acre. The planned development will have gated private streets, landscaped outlots, reduced lot sizes and reduced building setbacks. APPLICANT WCM Land (Engineer: Gary Giannetta) LOCATION Southwest comer of North Jeanne and West Bullard Avenues (Council District 2, Councilmember Calhoun) SITE SIZE 22 acres LAND USE Existing - Vacant and 3 single family residences Proposed - Single Family Residential ZONING Existing - R-A/UGM (Single Family Residential-Agriculture/Urban Growth Management)and C-2/BA-20/UGM/cz (Community Commercial/Boulevard Area-20 Feet/Urban Growth Management/conditions of zoning) Proposed - R-21UGM (Low Density Multiple Family ResidentiaUUrban Growth Management) PLAN DESIGNATION The proposed 168-lot single family residential subdivision is consistent AND CONSISTENCY with the 2025 Fresno General Plan and the Bullard Community Plan designation of the site for medium density residential land use (4.99 to 10.37 units per acre) and the R-2/UGM zone district as proposed with Plan Amendment Application No. A-04-26 and Rezone Application No. R-04-84 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5433/UGM Conditional Use Permit Application No. C-04-272 February 16, 2005 Page 2 ENVIRONMENTAL A mitigated negative declaration was issued on January 19, 2005 FINDING PLAN COMMITTEE The Bullard Area Community Plan Advisory Committee, at its RECOMMENDATION meeting on December 13, 2004, recommended approval of the vesting tentative tract map and conditional use permit applications STAFF Approve the vesting tentative tract map and conditional use permit RECOMMENDATION application subject to compliance with the conditions of approval BORDERING PROPERTY INFORMATION [--planned Land Use Existing Zoning Existing Land Use North Light Industrial M-1/BA-20/UGM/cz Vacant Light/ndustriaUBou/evard Area 20 Feet/Urban Growth Management Office Commercial C-P/UGM/cz Vacant Administrative and Professional Office/Urban Growth (Church approved for Management/conditions of zoning site) Neighborhood Commercial C-1/BA-20/UGM/cz Neighborhood CommerciaUBoulevard Shopping Center Area 20 Feet/Urban Growth Management South Medium High Density R-2/BA-20/UGM Apartment Complex Residential Low Density Multiple Family ResidentiaU Boulevard Area-20 Feet/Urban Growth Management East Medium High Density R-A/UGM Single Family Residential Residential Single Family Residential-Agriculture/ and Vacant Urban Growth Management Railroad Not Applicable B.N.S.F. Railroad Tracks West Public Facilities-Middle C-P/BA-20/UGM Vacant School Administrative and Professional Office/ Commercial/Boulevard Area 20 Feet/ Urban Growth Management Office Commercial C-P/BA-20/UGM Administrative and Professional Office/ Vacant Commercial/Boulevard Area 20 Feet/ Urban Growth Management REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5433/UGM Conditional Use Permit Application No. C-04-272 February 16, 2005 Page 3 ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. A-04-26/R-04-84/T-5433/C-04-272 considered potential environmental impacts associated with the subject vesting tentative tract map and conditional use permit applications as well as the related plan amendment and rezone applications. The study indicates that the project, if approved, would not conform to the land use designation of the 2025 Fresno General Plan and is not within the scope of Master Environmental Impact Report No. 10130 although the request maintains the existing amount of commercial and residential acreage. Therefore, staff has issued a finding of a mitigated negative declaration which incorporates mitigation measures from Master Environmental Impact Report No. 10130. The mitigated negative declaration was issued on January 19, 2005. This environmental finding was properly published and noticed on January 19, 2005, with no comments received to date. BACKGROUND / ANALYSIS The applicant, WCM Land, has filed Vesting Tentative Tract Map No. 5433/UGM and Conditional Use Permit Application for 22 acres of property located at the southwest corner of North Jeanne and West Bullard Avenues. Vesting Tentative Tract Map No. 5433/UGM proposes to subdivide the subject property into a 168-lot single family residential subdivision with two outlots. Conditional Use Permit Application No. C-04-272 is a request to develop the subdivision with gated private streets, two outlots for landscaping and access, reduced lot sizes and reduced front, rear and side yard setbacks. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium density residential land use designation, as proposed by Plan Amendment Application No. A-04-26, allows for 4.99 to 10.37 dwelling units per acre. The proposed subdivision density is 7.5 dwelling units per acre and is therefore consistent with the 2025 Fresno General Plan and the Bullard Community Plan, as proposed for amendment by the related plan amendment application. The applicant has also filed Plan Amendment Application No. A-04-26 and Rezone Application No. R- 04-84 for the project site. Plan Amendment Application No. A-04-26 proposes to amend the planned land use designations of the 2025 Fresno General Plan and the Bullard Community Plan from medium high density residential and community commercial planned land uses to medium density residential planned land uses. The plan amendment application also proposes to delete Gates Avenue between North Figarden Drive and West Bullard Avenue and West Bullard Avenue between North Brunswick and North Bulletin Avenues from the circulation element of the 2025 Fresno General Plan and repeal the official plan lines for these streets. Rezone Application No. R-04-84 proposes to rezone the 22-acre project site from the R-A/UGM (Single Family Residential-Agriculture/Urban Growth Management) and C-2/BA-20/UGM/cz (Community Commercial/Boulevard Area-20 Feet/Urban Growth Management/conditions of zoning) zone districts to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. There are existing conditions of zoning on the site which are no longer applicable to the proposed project; the covenant for the conditions of zoning will be released. These applications were heard by the Planning Commission on February 9, 2005 and recommended for approval by the City Council. The Fresno City Council is scheduled to hear the plan amendment and rezone applications on March 1, 2005. The conditions of approval for the tentative tract map and conditional use permit applications is subject to the council's approval of the related plan amendment and rezone applications. Surrounding land uses are characterized by commercial uses to the north, multiple family residential uses to the south and vacant land and single family residential to the east and west. There is also REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5433/UGM Conditional Use Permit Application No. C-04-272 February 16, 2005 Page 4 property to the southeast that is developed with rural residential type uses. The Burlington Northern Santa Fe railroad tracks are along the easterly boundary of the site. Bullard Community Plan Citizens' Advisory Committee The Bullard Community Plan Citizens' Advisory Committee reviewed the proposed tentative tract map and conditional use permit applications at its meeting on December 13, 2004, and recommended approval of the proposed project. Circulation Element Plan Policies and Major Street System Traffic Capacity According to the 2025 Fresno General Plan Transportation Element (Exhibit 7), North Figarden Drive and West Bullard Avenue (west of Figarden) are defined as arterial streets. West Bullard (east of Figarden) and North Gates Avenues are collector streets. Arterial streets are required to be developed with two travel lanes in each direction separated by a median island to control left-turn and crossing vehicular movements. Collector streets are typically developed with a total of two to four lanes without a median island although in some locations they may have a continuous center left-turn lane. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left- turn and right-turn lanes as well as bus bays or turnouts. The Public Works Department Traffic Division has reviewed the proposed development and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated subject to several improvements. These improvements include dedicating and constructing transition paving within the limits of the tract; installing curb, gutter, sidewalk; and construction of an underground street lighting system. These street improvements will be required through future entitlement and tentative map conditions of approval. When the City of Fresno Master Environmental Impact Report (MEIR) No. 10130 was certified by the City Council for the 2025 Fresno General Plan, a determination was made to require project-specific traffic assessments for projects which would generate 100 or more vehicle trips during weekday peak hours. Given the number of lots in this project, a special traffic study was required. A traffic analysis, dated August 26, 2004, was prepared by Peters Engineering Group for the proposed project. The traffic analysis has identified several potential mitigation measures for the proposed project which are incorporated into the attached "Project Specific Mitigation Measures". The related plan amendment application (Plan Amendment Application No. A-04-26) proposes to delete Gates Avenue between North Figarden Drive and West Bullard Avenue and a portion of West Bullard Avenue between North Brunswick and North Bulletin Avenues from the circulation element of the 2025 Fresno General Plan and repeal the official plan lines for these streets. The portion of Bullard between Brunswick and Bulleting will be a local collector street and have one lane of travel in each direction as well as a continuous center turn lane. The existing traffic signal at the intersection of Figarden and Gates will remain as the main ingress and egress point to the commercial center. With the rearrangement of the land uses for the site and the decreased intensity of the residential portion, it is no longer necessary to construct the major streets as they are shown in the general plan. The Public Works Department staff has concluded that this project does not have significant adverse impacts upon the city's transportation system and that its nonsignificant impacts are mitigable through the city's standard Urban Growth Management (UGM) process and project requirements for developments that abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the developer will be required to install improvements and to pay fees toward development of the major street system as outlined in the Public Facilities Element of the general plan and will be required to provide for the installation of traffic control measures (e.g., signals, stop lights, etc.) installed per UGM policies and ongoing traffic studies. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5433/UGM Conditional Use Permit Application No. C-04-272 February 16, 2005 Page 5 State Department of Transportation (Caltrans) A copy of the traffic analysis prepared for the project by Peters Engineering Group was forwarded to California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations. The Caltrans staff has submitted the attached comments dated December 22, 2004, indicating that the proposed project will impact the state highway system. The letter from Caltrans contends that the developers of the proposed project should pay $56,700 to mitigate those impacts. Staff considered Caltrans letter in preparing the initial study and determined that this project does not create any impacts, including cumulative impacts, that were not identified in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. Although the City has met its legal obligations for addressing impacts to the state highway system for purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway system for projects such as this one. At this time, the City does not have a legally permissible means for collecting fees for such a purpose. A legally permissible means for collecting impact fees under the Mitigation Fee Act (California Government Code §§ 60000, et seq.), among other things, would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study of state highway facility capacity and measures needed to preserve and improve capacity of those facilities. A Partnership in Planning grant has been obtained to complete a regional freeway deficiency study for the greater Fresno-Clovis- Madera Metropolitan area. This study focuses on facilities projected to be most impacted by projected increases in traffic, identification of the sources and patterns of vehicle traffic within the greater metropolitan area and the improvements that would be necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be implemented by cities and counties in the study area, upon adoption by the respective jurisdictions. In addition to a proportionate share study, a mechanism would be needed for the City to collect traffic impact fees and either hold those funds or deliver them to a separate agency for improvements to facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in developing such a mechanism, including using the model used by the City for collecting fees for FMFCD and/or entering into a Joint Powers Authority or an MOU. Staff representatives of the City of Fresno and Caltrans continue to conference in order to identify a mutually agreeable strategy to implement a fair and equitable traffic impact fee for state highway facilities. Conditional Use Permit Application No. C-04-272 Conditional Use Permit Application No. C-04-272 was filed in conjunction with Vesting Tentative Tract Map No. 5433/UGM to allow the subdivision to be developed as a planned development with gated private streets, two outlots for landscaping and access, reduced lot sizes and reduced building setbacks. There are two gated entrances to the subdivision: one at Bullard Avenue and one at Brawley Avenue. There are two outlots proposed with the subdivision in addition to the 168 lots which will be developed with single family residences. Outlot A will be landscaped and provide access for residents of the proposed subdivision to the planned commercial center located adjacent to the subdivision. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5433/UGM Conditional Use Permit Application No. C-04-272 February 16, 2005 Page 6 Outlot B will provide access to the lots and some landscaping. The R-2/UGM zone district does not have a minimum lot area requirement for a planned development subdivision; however, there is a population density requirement which requires that there only be one unit for every 2,700 square feet of lot area. The building setbacks have been modified to allow for minimum front yards of 8.5 feet, rear yards of 5.5 feet and side yards of 4 feet. Landscaping/Walls Given that the proposed subdivision is adjacent to the Burlington Northern Santa Fe mainline railroad tracks, the applicant will be required to install a solid wall at the rear of the required landscape setback along Jeanne Avenue as required in the acoustical analysis, dated September 28, 2004, prepared by Brown-Buntin Associates. This wall will mitigate the adverse effect of noise generated by trains traveling on the railroad tracks. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2- 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the Bullard Community Plan designates the site for medium density residential land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems because the conditions of approval have shown and will ensure that the subdivision conforms with City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5433/UGM Conditional Use Permit Application No. C-04-272 February 16, 2005 Page 7 Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Conditional Use Permit Findings Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code (FMC) can be made. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features;and, Find�r►g a , ; The subject site is approximately 22 acres in size and has an adequate amount of space, if developed in accordance with the project's site plan, to meet all applicable requirements of the Code and as established in the Special Permit Conditions of Approval dated February 9, 2005, Y " including yards, spaces, walls and fences, parking, landscaping and other required features. b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use,and, °'F�nding`b Staff from the Transportation Planning section of the.Public Works Department has estimated that the proposed development will generate approximately 1,608 daily vehicle trips which can be accommodated by the adjacent streets. The proposed project will construct the required , Improvements necessary for the traffic generated by the project. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of this Code. Find�rg c The staff of the Planning and Development Department has determined that the proposed use ?r will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various 7 conditions/requirements established through the related plan amendment, rezone, and tentative tract map application review process as well as the conditional use permit review process. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. T-5433/UGM dated December 20, 2004, and the Conditions of Approval for T-5433/UGM dated February 16, 2005. 2. Development shall take place in accordance with Conditional Use Permit Application No. C-04-272 exhibits, all dated December 20, 2004, and the Conditions of Approval for C-04-272 dated February 9, 2005. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5433/UGM Conditional Use Permit Application No. C-04-272 February 16, 2005 Page 8 Action by the Planning Commission regarding the proposed tentative tract map and conditional use permit applications, unless appealed to the Council, is final. CONCLUSION/ RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 5433/UGM and Conditional Use Permit Application No. C-04-272 are appropriate for the project site. Therefore, staff recommends that the Planning Commission: 1. APPROVE the environmental finding of a Mitigated Negative Declaration for Environmental Assessment No. A-04-26/R-04-54lT-5433/C-04-272 dated January 19, 2005. 2. APPROVE Vesting Tentative Tract Map No. 5433/UGM subject to compliance with the Conditions of Approval dated February 16, 2005. 3. APPROVE Conditional Use Permit Application No. C-04-272 subject to compliance with the Conditions of Approval dated February 9, 2005. Attachments: Vicinity Map Aerial Photograph of Site Conditional Use Permit Application No. C-04-272 Exhibit A dated December 20, 2004 Conditions of Approval for T-5433/UGM dated February 16, 2005, including letters from Fresno Metropolitan Flood Control District (1/13/05) and San Joaquin Valley Air Pollution Control District (11/30/04) Conditions of Approval for Conditional Use Permit Application No. C-04-272 dated February 16, 2005 Letters from the California Department of Transportation (Caltrans) dated December 22, 2004 and February 1, 2005 Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433, Finding of Mitigated Negative Declaration dated January 19, 2005 `� ,,..� P r��l • �fn� '.O�.�vTi��trt1•, ""_ �� ielr4i ON Ofma LIAM g& ,y=j•. .=:F�,°*>�'F r I.G r Y�4 -.-i '�° !I f�j �r}p �j Yw >+ t• '`h "wv" ah'f'z nZ ,map �� rh 77� � t k�_.. i b9 d"t.. k ?y��ye .� 3 '� +t e�Y•3Y y�.„�� 1'F \ .b� <AT y . 71 e x A t4 tykr a p Y #.,.:.. ;..Yr �( ��r:�� y �-:� ..'� A 4,y yk• +�s.._:tg�...,,�p. y� � � •W.W' a9S� J NNE p KIM I 3 r 43 h� W` \ tiro.:�,v�� „,+ ��€��Y° q'� r Ir 1 ",: • :_�� y{ 1 �» ".444a�� d '•pF1E � �t EP- .o, s { e u• .xy. a " } �fxv ^$`�'T4 "gip a rr '�, Tm N R t 'sal e ��if.}�T 4�N t'��1�I ♦ ��+45�"j�� jf � M'ttc (+'v� h. # � � c yH�:�'!trdt v. t' �f.sa+•t•�,.a ?.'o-^�.,a..�.K.... 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Os � .w j •�§ \ `C �� ;'ice M ) �a„ ..sig � L - / \� `•\ CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FEBRUARY16,2005 VESTING TENTATIVE TRACT MAP No. 5433/UGM SOUTHWEST CORNER OF NORTH JEANNE AND WEST BULLARD AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5433/UGM entitled "Exhibit A," dated December 20, 2004, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. Conditions of Approval Vesting Tentative Tract Map No. 54331UGM February 16, 2005 Page 2 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed -and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. Landscaping and Walls 10. Pursuant to Fresno Municipal Code Section 12-1011-f-3, the developer/owner shall provide a 10-foot landscape easement (and irrigation system) along the property lines of lots which back-onto or side-onto West Bullard, North Jeanne and North Brawley Avenues. 11. Construct a 6-foot to 12-foot high solid masonry wall or approved combination of earth berm and solid wall (at finished grade of proposed site) pursuant to the acoustical analysis prepared for the project by Brown-Buntin Associates, dated September 28, 2004. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 3 12. Pursuant to Bullard Community Plan Policy No. 4.2.4-7(e), the developer/owner shall construct a 6-foot high solid masonry wall along the side and rear property lines between new single-family uses and property zoned or planned for commercial uses. 13. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 14. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at (559) 621-8695 for information regarding the City's District. The property owners may petition the City for annexation to the City's District prior to final map approval. If approved by City Council, the following features may be maintained by the Community Facilities District: a. Landscaping and irrigation systems as approved by the Public Works Department within the street easements (including median to centerline) within West Bullard, North Jeanne and North Brawley Avenues and bordering the tentative map. b. All curbs and gutters, sidewalks, median curbs (to center of median) and street furniture (to street centerline) within West Bullard, North Jeanne and North Brawley Avenues and bordering the tentative map. c. All street lights as approved by the Public Works Department within West Bullard, North Jeanne and North Brawley Avenues and bordering the tentative map. d. All street trees as approved by the Public Works Department within West Bullard, North Jeanne and North Brawley Avenues and bordering the tentative map. 15. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. 16. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 14, above, then the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 4 stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 17. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. 18. On Exhibit A dated December 20, 2004, Outlot "A" shall be used for landscaping and recreational purposes. Outlot "B" shall be used for access, landscaping, public utilities and parking only. Multi-purpose Trails 19. Exhibit 9 of the 2025 Fresno General Plan, "Multi-Purpose Trails Plan Map", depicts a bicycle/pedestrian trail on the project site, along Bullard Avenue and a bicycle/ pedestrian/equestrian trail along the BNSF railroad tracks. The developer/owner shall construct these trails as required by the Public Works and Planning and Development Departments. Building Setbacks 20. Building setbacks shall be in accordance with the R-2 zone district as shown on Exhibit "A" of Conditional Use Permit Application No. C-04-272 (which allows for reduced building setbacks) dated December 20, 2004, and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. Information 21. Vesting Tentative Tract Map No. 5433/UGM is subject to Council approval of related Plan Amendment Application No. A-04-26 and Rezone Application No. R-04-84. 22. Vesting Tentative Tract Map No. 5433/UGM is subject to Planning Commission approval of related Conditional Use Permit Application No. C-04-272. 23. Vesting Tentative Tract Map No. 5433/UGM is subject to Council approval of the vacation of portion of the following streets: Gates Avenue, Verdone Avenue, Endich Avenue, Brunswick Avenue, Lob Ingir Avenue, Aidin Avenue, Figarden Avenue, Meander Avenue, Verba Avenue and Endor Avenue. 24. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school district's adopted schedule of fees. 25. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 26. 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 Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 5 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. 27. 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. 28. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 29. 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. 30. 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. 31. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 32. 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; Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 6 b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 33. 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. 34. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager(see below-noted conditions). PARK SERVICE 35. Comply with the attached memo from the Public Works Department dated January 6, 2005 for street tree requirements. Urban Growth Management Requirements 36. 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 FMC. FIRE SERVICE 37. This project is within two miles from City of Fresno Fire Station No. 14. 38. Provide public street hydrants and relocate one existing hydrant. Provide residential hydrants on site and fire flows per Public Works Standards with two sources of water. 39. Fire hydrants shall be tested and approved and all surface roads shall be installed and made serviceable prior to and during the time of construction. The 4 1/z inch outlet shall face the access lane. 40. Two means of ingress/egress must be provided. This access must be maintained during all phases of development. Second point of access must be independent of West Bullard Avenue. Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 7 41. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. 42. All gates on common access drives shall be equipped with approved Police/Fire bypass locks (best locks: Padlock 2113700 series or Cylinder lock 1W7132). Gates/fences shall not obstruct the minimum width required for fire lanes. Urban Growth Management Requirements 43. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval, for Fire Station No. 14. 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 FMC. SOLID WASTE SERVICE 44. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 45. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 46. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 47. The developer shall provide 18' unobstructed clearance at the entrance and exit gates along the path the solid waste truck travels. 48. Provide access to gates by 6:00 a.m. on the solid waste service day. STREETS AND RIGHTS-OF-WAY 49. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 50. 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. Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 8 51. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Pubic Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, c. Landscape and irrigation plans (median island and street trees within all parkways). 52. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78- 522, 88-229. 53. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector (North Maple Avenue) and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 54. 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. 55. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. Frontage Improvement Requirements: Local Streets: Bullard Avenue: 56. Dedicate 53' — 32' of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. Design with a 1000' transition. 57. Dedicate and construct a 12' westbound travel lane with permanent paving within the limits of this subdivision. Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 9 58. Bullard to Jeanne: Dedicate, design and construct the proposed roadway alignment using a 250' minimum center line radius. 59. Construct concrete curb and gutter to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattem. 60. Construct a 12-foot concrete pedestrian/bike path per Public Works Standards P-59 and P-60. Verify the connection of the proposed Bullard path with the proposed Salinas alignment and the B.N.S.F. railroad paths with Planning and Development and Traffic Engineering prior to the planning commission hearing. 61. Construct permanent paving from face of curb to centerline within the limits of this subdivision. 62. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E- 9 for Local Residential Streets. 63. Relinquish direct vehicular access rights to Bullard Avenue from all lots within this subdivision. Jeanne Avenue: (both sides) 64. Dedicate 64' of property, for public street purposes within the limits of this subdivision. 65. Jeanne to Brawley: Design and construct the proposed roadway alignment using a minimum 250' curve radius. 66. Construct concrete curb, gutter and sidewalk on the southwest side, to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. Construct curb and gutter on the northeast side. 67. Construct forty-four (44) feet of permanent paving (curb to curb) within the limits of this subdivision. Construct both sides of the street. 68. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E- 9 for Local Residential Streets. 69. Relinquish direct vehicular access rights to Jeanne Avenue from all lots within this subdivision. Brawley Avenue: 70. Dedicate 34'of property for public street purposes within the limits of this subdivision. 71. Brawley to Verba: Dedicate, design and construct proposed roadway alignment using a 250' minimum curve radius. Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 10 72. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 73. Construct twenty —four (24) feet of permanent paving (measured from face of curb) within the limits of this subdivision. Construct an additional twelve (12) feet of permanent paving for the northbound lane. 74. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E- 9 for Local Residential Streets. 75. Relinquish direct vehicular access rights to Brawley Avenue from all lots within this subdivision. Verba Avenue:(both sides) 76. Dedicate 64' of property for public street purposes within the limits of this subdivision, south to Figarden Drive. 77. The Verba / Figarden intersection is too close to the Figarden / Aurora intersection. Redesign is required to achieve the 160' minimum requirement from center line to center line. 78. Construct concrete curb, gutter and sidewalk (both sides) to Public Works Standard P- 5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 79. Construct forty-four (44)feet of permanent paving (curb to curb) within the limits of this subdivision. 80. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E- 9 for Local Residential Streets. Interior Streets: Private 81. Vacate all street easements within the proposed tract prior to or in conjucrion with said map being finalized. Specific Mitigation Requirements: 82. This tract will generate 85 a.m. / 104 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. Comply with mitigation measures called for in the attached memo dated February 3, 2005. 83. Prior to conditions additional information is needed. a. Provide intersection design details: Brawley/Browning b. entrance details: gates Conditions of Approval Vesting Tentative Tract Map No. 54331UGM February 16, 2005 Page 11 c. Comply with all conditions of the proposed Vacation of all public street easements within the area bounded by Brunswick, Bullard, Brawley and Verba Avenues. 84. The first order of work shall include a minimum of two points of vehicular access to the major streets for gny phase of this development. Connect Verba Avenue to Figarden Drive. 85. The intersection of Figarden Drive and Verba Avenue shall be limited to right-in and right-out turns. 86. Multi-Purpose Trail: Construct a pedestrian, bike and equestrian trail per the 2025 Fresno General Plan Multi-Purpose Trails Plan Map and Public Works Standards. Verify details with the Planning and Development and Traffic Engineering. Identify route on the map and provide a cross section prior to the planning commission hearing. 87. Construct the following traffic calming measures: a. choker at Jeanne and Brawley, see attached Exhibit "D". b. mini-circle at BrawleyNerba/Browning, see attached Exhibit "E". UGM Requirements: 88. This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees. STREET NAMES Change the following street name to reflect its proper spelling, direction or name: 89. Make the following changes to the street names: a. Gates Avenue to North Gates Avenue b. Bulletin Avenue to North Bulletin Avenue SANITARY SEWER SERVICE 90. The nearest sanitary sewer main capable of serving the project is a 21-inch sanitary main located in North Gates Avenue. Sanitary sewer service through the city's sewer system would require the following prior to connection. 91. Dedicate a 50-foot clear sewer easement centered on the existing 21-inch sewer main. 92. ALTERNATE CONDITION TO NO. 91: a. Relocate existing 21-inch sanitary sewer in the Gates Avenue alignment between Bullard Avenue and Figarden Drive as directed per the Department of Public Utilities. b. Install an 18-inch SDR21 or approved equivalent sanitary sewer in Jeanne, Brawley, Verba, Figarden from Bullard Avenue at the Santa Fe railroad to the intersection of Gates and Figarden as replacement of the existing 21-inch Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 12 sanitary sewer. (Final determination of location is subject to investigation as to existence and location of other utilities.) c. Provide engineered bedding and backfill specifications meeting Pipe Supplier and City of Fresno standards. d. Manholes shall be constructed per City Standard Drawing S-2 with reinforced concrete.base extending above top of pipe. All newly constructed manholes along the 18-inch sanitary sewer main shall be lined or epoxy coated per Department of Public Utilities specifications. (Construction management to provide details on accepted products.) e. Install house branches for all adjacent lots to the relocated 18-inch sewer. f. Provide a detailed sewer flow diversion by-pass plan for city review and approval detailing proposed by-pass operations, location of pumps, route layout of temporary piping, side and number of required pumps, peak flow analysis, etc. (Construction management to provide details on accepted products.) g. Prior to and during diversion of sewer flows the contractor shall: • Maintain an emergency response procedures manual and contacts list onsite during diversion operation • Maintain back-up pumping equipment on location to provide 100% redundancy for the largest pump used • Maintain a qualified operator onsite 24/7 during by-pass operations • Both Construction Management and Sewer Maintenance staff shall be contacted and approve proposed by-pass operation 48 hours in advance of any flow diversion h. Provide a detailed traffic diversion plan for city review and approval prior to commencement of sewer line construction. L A soils lab shall be retained at the developer's expense to monitor and provide ongoing bedding, backfilling and compaction analysis to city specifications during construction. (Construction management to provide details.) j. All costs for relocating the city's existing 21-inch sanitary sewer main shall be at the developer's expense and shall not be eligible for city reimbursement. 93. Provide sanitary sewer service to parcels fronting North Brawley Avenue from West Browning Avenue to the northerly lot line of APN 415-101-07. 94. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 95. Separate sewer house branches shall be provided for each lot created. 96. Abandon all existing on-site private sanitary sewer systems in accordance with City standards. 97. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 13 98. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for any proposed additions to the sanitary sewer system. 99. A preliminary sewer design layout shall be submitted for review and subject to Department of Public Utilities for review and approval prior to submittal and acceptance of the final map and engineered plan and profile improvement drawing for city review. Urban Growth Management Requirements 100. This project is located within the following service area: Sewer Oversize Reimbursement S.A.44. 101. Payment of appropriate sewer connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. These payments include the following: Sewer Lateral Charge; Oversize Sewer Charge; Trunk Sewer Charge (Cornelia); and, Wastewater Facilities Charge (residential only). WATER SERVICE 102. The nearest City of Fresno water main capable of serving the project is'a 14-inch water main located in West Bullard Avenue. The following conditions are required to provide water service to the tract. 103. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Jeanne Avenue from West Bullard Avenue southeast to North Brawley Avenue. 104. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Brawley Avenue from North Jeanne Avenue south to the existing 12- inch water main North Brawley Avenue. 105. The existing 12-inch water main in North Brunswick Avenue shall be relocated at the developer's expense. 106. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 107. Separate water services with meter boxes shall be provided to each lot created. 108. Seal and abandon existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of Fresno standards. 109. Installation of public fire hydrant(s) is required in accordance with city standards. 110. 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 Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 14 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. 111. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 112. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. 113. Payment for installation of water service(s) and/or meter(s) is required. 114. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. Urban Growth Management Requirements 115. The proposed subdivision is located within UGM Water Service Area No. 301 s. FRESNO IRRIGATION DISTRICT(FID) 116. FID's "H" Ditch No. 128 pipeline traverses the subject property. 117. FID requires the applicant grant an exclusive easement to FID and pipe the "H" Ditch No. 128 Canal across the proposed development in accordance with FID standards and that the applicant enters into an agreement with-FID for that purpose. The applicant will need to meet with FID to determine the pipeline alignment and required pipeline diameter. 118. FID does not have records indicating the age of or the materials used for the culvert located at Bullard Avenue east of Figarden Drive. Should any street or intersection improvements be necessary, FID recommends the culvert be replaced as part of the subject project. 119. FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 120. FID requires its easement be shown on the map with proper recording information and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. FLOOD CONTROL AND DRAINAGE 121. 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. Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 15 These requirements are identified in the District's letter to the Planning and Development Department dated January 13, 2005. 122. 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 123. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated November 30, 2004, for Vesting Tentative Tract Map No. 5433/UGM. FRESNO UNIFIED SCHOOL DISTRICT 124. Contact the Fresno Unified School District for their requirements and/or fees. RIGHT-OF-WAY ACQUISITION 125. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 126. 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. 127. 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. 128. 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. 129. 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. Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 16 URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 130. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 131. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. DEVELOPMENT FEES AND CHARGES 132. This project is subject to the following fees and charges: PARKS DEPARTMENT FEE/RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree C. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DIST. FEE/ RATE g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. Rates increased as of November 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) i. Oversize Charge $0.05/sq. ft. (to 100' depth) j. Trunk Sewer Charge $419/living unit Service Area: Cornelia k. Wastewater Facilities Charge $2,119/living unit Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 R Page 17 I. Copper Avenue Sewer Lift Station Charge n/a m. Fowler Trunk Sewer Interim Fee Surety n/a n. House Branch Sewer Charge n/a o. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE p. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. q. Frontage Charge $6.50/lineal foot r. Transmission Grid Main Charge $643/gross acre s. Transmission Grid Main Bond Debt Service Charge $243/gross acre t. UGM Water Supply Fee $356/gross acre Service Area: 136 u. Well Head Treatment Fee $0 Service Area: 201 v. Recharge Fee $0 Service Area:201 w. 1994 Bond Debt Service $0 Service Area: 201 DEVELOPMENT IMPACT FEE x. Northeast Fresno Policing Area n/a y. Traffic Signal Charge $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE* z. UGM Fire Station Capital Fee $547/gross acre Service Area: 14 aa. UGM Park Fee $1641/gross acre Service Area: 4 Conditions of Approval Vesting Tentative Tract Map No. 5433/UGM February 16, 2005 Page 18 bb. Major Street Charge $2798/adj. acre Service Area: E-4 cc. Major Street Bridge Charge $94/adj. acre Service Area: E-4 dd. UGM Grade Separation Fee n/a ee. Trunk Sewer Charge n/a Service Area: Cornelia ff. *Street Acquisition/Construction Charge n/a KAMaster Files-Tract Maps\Tract 5340-Amoldo Rodriguez(R-04-35)\T-5340 COA 1-5-05.doc File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager WCM LAND Planning and Development Services 7255 N.FIRST ST., SUITE 101 City of Fresno FRESNO, CA 93720 2600 Fresno Street - Fresno, CA 93 721 MAP NO. 5433 PRELIMINARY ( FEE S) See below ( DRAINAGE AREA(S) " AE - DRAINAGE AREA AE $71,895.00 DATE (- 13_d 5' DRAINAGE AREA - " - TOTAL FEE $71,895.00 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. W Considerations which may affect the fee obligation(s) or the timing or form of fee payment: w a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5433 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 4L-21 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Clovis that runoff can be safely conveyed to the Master Plan inlet(s). X 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: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. X Does not appear to be located within a flood prone area. 5433 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, w April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay.a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5433 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakeman, Proje Engineer: Jamie Miller District Engineer, Assistant General Manager C: GARY GIANNETTA 1119 "S" STREET FRESNO, CA 93721 5433 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: I \ THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. ! "EF" ' N11 "AC" "AE" I I ! ! BULLA D AVE. ALIGN. ------ "EF" "AE" / r \ r / f/ r / r / Q \40'4? #509-030-26S J \ i P,<<c,,v\�� AE I i APN m \ ..• � tl509-030.38S � I "EF" i LEGEND ■—•�• Master Plan Facilities to be Constructed by Developer-Pipe(size shown)and Inlet 0--- Future Master Plan Facilities SCALE I"=300' El--—— Existing Master Plan Facilities Direction Of Drainage —————— Inlet Boundary Drainage Area Boundary • Existing Temporary Inlet TRACT 5433 DRAINAGE AREA:"AE" • EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY: MM DATE 1111105 VVAbodOWCSWEXHIBITITAALTM$433.d.9 REVISED 8Y: — DATE: OTHER REQUIREMENTS EXHIBIT NO. 2 The District recommends a stub street from Tract 5433 to Assessor's Parcel Number 509-030-26s. This is necessary to allow surface drainage from Tract 5433 to reach the future Master Plan inlet southwest of Tract 5433. If the stub street is not constructed, the Developer of Tract 5433 will be responsible for the non-fee creditable cost of a pipe extension to the southwesterly portion of Tract 5433. Additionally,the Developer of Tract 5433 shall acquire a drainage covenant from Assessor Parcel Numbers 509-030-26s and 509-030-38s located directly southwest of Tract 5433 to allow major storm flows from Tract 5433 to reach Figarden Drive, The District recognizes that the alignment of Master Plan facilities within the existing Gates Avenue alignment, as identified on Exhibit No. 1, is not consistent with the proposed development of the area adjacent to Tract 5433. The alignment maybe slightly realigned to be compatible with the proposed street and/or site layout for the area adjacent to Tract 5433. However, drainage fee credit will only be granted for the Master Plan storm drain facilities identified on Exhibit No. 1. A minimum fifteen(15')foot easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. Tract 5433 engr\permit\exh ib its2\tract\54330m) San Joaquin Valley Air Pollution Control District November 30, 2004 !! _ - ---` !! Reference No. 768DEV2004 Shelby Chamberlain C.`�E. Planning & Dev. Dept. 2600 Fresno St., Third Floor U C, ... ...*,' Fresno, CA 93721-3604 Subject: - A-04-26, R-04-84—SEC Bullard Avenue and Figarden Drive Dear Ms. Chamberlain: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is classified non-attainment for ozone and fine particulate matter (PM10). This project would contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. Development of the proposed project will not increase the air quality impact above that already assessed by environmental documents for the Bullard Community Plan. As such, this project is not a new significant project. Although this project alone would not generate significant air emissions, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project- related emissions as outlined below: Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Future development may be subject to additional rules and regulations. Current District rules can be found at htti)://www.vallevair.org/ruies/1 rulesiist.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. A compliance assistance bulletin has been enclosed. A template of the District's Dust Control Plan is available at: hftp://www.valleyair.org/busind/comply/PM1 0/forms/DCP-Form%20-%2010-14-2004.pdf For the Non-Residential portion: If a non-residential project is 5.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. If a non-residential site is 1.0 to less than 5.0 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 6.4.2). For the Residential portion: 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.O 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). Rule 4002 (National Emission Standards for Hazardous Air Pollutants). In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions Ms. Chamberlain November 30,2004 A-04-26, R-04-84 Page 2 concerning asbestos related requirements, please contact Mr. Dwayne England of this office at (559) 230-5973, or contact CAL-OSHA at (559) 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 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)and Rule 4902 (Residential Water Heaters) limit the emissions of PM10 and NOx in residential developments. On July 17, 2003, the District's Governing Board adopted amendments to Rule 4901. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase ll Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.vallevair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. When the project reaches the design phase, the District recommends that the applicant install design features which serve to reduce vehicle trips and increase activities such as walking, bicycling, transit use, and energy conservation, all of which help to reduce emissions. The District's Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI)describes these features. The current GAMAQI can be found at http://www.vallevair.orci/transi)ortation/cega-ciuidance documents.htm. The Local Government Commission (LGC) website http://www.lgc.orci contains valuable information and resources on subjects from street design to energy efficiency. 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 building(s) from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of paved areas within 15 years. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornelf.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.or-g For Urban Forestry see http://www.coolcommunities.orci htti):Hwcufre.ucdavis.edu Ms. Chamberlain November 30,2004 A-04-26, R-04-84 Page 3 http://www.lgc.ora/bookstore/energy/downloads/siv treeguidelines.odf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Direct pedestrian access to the main entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Such access should. consist of paved walkways or ramps and should be physically separated from parking areas and vehicle access routes. • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Pedestrian walkways should be created to connect all buildings throughout the project. The walkways should create a safe and inviting walking environment for people wishing to walk from one building to another. Walkways should be installed to direct pedestrians from the street sidewalk to the building(s). Safe and convenient pathways should be provided for pedestrian movement in large parking lots. Mid-block paths should be installed to facilitate pedestrian movement through long blocks (over 500' in length) and cul-de-sacs. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. Pathways through the project should be built 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): For both Commercial and Residential portions: - Increased energy efficiency (above California Title 24 Requirements) See http://www.eneray.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E) - High-albedo (reflecting) roofing material. See http://eetd.lbi.aov/coolroof/ - Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energvstar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Programmable thermostat(s) for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Orient the unit(s)to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.htmI - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site Ms. Chamberlain November 30,2004 A-04-26, R-04-84 Page 4 For the Commercial portion: - Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See http://www.harc.edu/harc/Proiects/CoolHouston/, http://eande.Ibl.gov/beatisland/ - Bicycle parking facilities for patrons and employees in a covered secure area. Construct paths to connect the development to nearby bikeways or sidewalks. - Employee shower and locker areas for bicycle and pedestrian commuters - On-site employee cafeterias or eating areas - Low or non-polluting landscape maintenance equipment (e.g. electric lawn mowers, reel mowers, leaf vacuums, electric trimmers and edgers, etc.) For the Residential portion: - Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) More information can be found at: http:Hwww.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergvicenter.org/index.html http://www.ciwmb.ca.gov/GreenBuilding/ • The applicant/tenant(s) for the commercial portion of the project 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 such provisions as encouraging employees to rideshare or carpool to the project site, preferential parking spaces for employees who participate in carpooling or vanpooling, incorporating a compressed workweek schedule, or incentives for employees who use alternative transportation. 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- http://www.dsireusa.orcl/, http://rredc.nrel.gov/, http://www.enerciy.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 was 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 times - 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 Way 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). Tier I and Tier II (2.5 gram) engines have a significantly less PM and NOx emissions compared to uncontrolled engines. Onsite equipment should be equipped with 1998 or newer engines. Engines built after 1998 are cleaner Tier 11 engines. To find engines certified by Ms. Chamberlain November 30,2004 A-04-26, R-04-84 Page 5 the Air Resources Board, see http://www.arb.ca.gov/msprog/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at (559) 230-5831. - Off road trucks should be equipped with on-road engines when possible. - Light Duty Cars and Trucks should be alternative fueled or hybrids. - Minimize obstruction of traffic on adjacent roadways. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call 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 Mier Student Intern Central Region Enclosures c:file San .Joaquin valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted. into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 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, ora combination thereof at each exit point from the site. Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet. Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing wind barriers to limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700"M" Street,Suite 275 Modesto, CA 95356-9321 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 (209) 557-6400 + FAX(209)557-6475 (559) 230-6000 + FAX(559) 230-6062 (661)326-6900 + FAX(661)326-6985 with applying water to the top of the load, and covering the cargo compartments are effective measures for reducing VDE and carryout from vehicles transporting bulk materials. Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces where materials may fall. Consider all structures slated for demolition as possibly being regulated because of asbestos, per District Rule 4002 National Emission Standards for Hazardous Air Pollutants. Contact the District well before starting because a 10 working day notice will likely be required before a demolition can begin. Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented before, during, and after any dust generating activity for the duration of the project. Owners or operators are . required to submit plans to the District if, at anytime, the project involves: • Residential developments of ten or more acres of disturbed surface area. • Non-residential developments of five or more acres of disturbed surface area. • Relocating more than 2,500 cubic yards per day of materials on at least three days. Construction activities may not commence until the District has approved the Dust Control Plan. Notification by owners or operators of construction projects that are at least one acre in size and wherea Dust Control Plan is not required, must provide written notification to the District at least 48 hours in advance of any earthmoving activity. Record Keeping is required to document compliance with the rules and must be kept for each day any dust control measure is used. The District has developed record forms for water application, street sweeping, and "permanent' controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Records must be kept for one year after the end of dust generating activities (Title V sources must keep records for five years). Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all Regulation VIII requirements and Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities exempts the following construction and earthmoving activities: • Blasting activities permitted by California Division of Industrial Safety. • Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the existing building or less than 10,000 square feet (due to asbestos concerns, contact the District at least two weeks ahead of time). • Additions to single family dwellings. • The disking of weeds and vegetation for fire.prevention on sites smaller than '/ acre. • Spreading of daily landfill cover to preserve`public health and safety and to comply with California Integrated Waste Management Board requirements. Nuisances are prohibited at all times because District Rule 4102 Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is important to monitor dust- generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive dust. For more information please contact the Compliance Division of the District office nearest to you. Information on Regulation VIII, where you may obtain copies of record keeping forms, the Dust Control Plan template, and the Construction Notification form, is available on the District's website at: www.valleyair.org • • • • • • • 'n m m F a OU CD COD '+ y F. < O O j CD N 7 N f:D Q. 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O (n m E LL L a+ m a+ F- .w+'arTMh, Y O C 7 m `. l/1J Q) jc Y O O w. 1A, t(� ' O O o L C o Z Q) O N N C 3 0 • • • • y 'IT^ O. U A Z m CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FEBRUARY 9, 2005 CONDITIONAL USE PERMIT APPLICATION NO. C-04-272 PART A- PROJECT INFORMATION Assesor Parcel Nos. 509-030-01 thru 16, 509-030-37 Street Location Southwest corner of North Jeanne and West Bullard Avenues Zoning R-1/UGM T osed by Rezone Application No. R-04-84 Project Description A 168-lot single family residential planned development on approximately 22 acres of property to be developed at an overall density of 7.6 dwelling units per acre. The planned development will have private streets, two outlots for open space and access, reduced lot sizes and reduced building setbacks. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Fresno City Planning Commission, on February 16, 2005, will consider the special permit application subject to the enclosed list of conditions and Exhibits A, B-1, B-2, B-3, B-4, B-5, B-6, C-1, C-2, C-3, C-4, C-5, and C-6 dated December 20, 2004. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; Conditions of Approval Conditional Use Permit Application No. C-04-272 February 9, 2005 Page 2 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original conditional use permit exhibits (A, B-1, B-2, B-3, B-4, B-5, B-6, C-1, C-2, C-3, C-4, C-5, and C-6 dated December 20, 2004) to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete the backcheck process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Call Shelby Chamberlain at 559/621-8042. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. Conditions of Approval Conditional Use Permit Application No. C-04-272 February 9, 2005 Page 3 PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to David Padilla at 559/621-8798 and questions relative to utility connection charges and Urban Growth Management fees may be directed to Frank Saburit at 559/621-8077 of the Planning and Development Department, Building and Safety Services Division, Land Division and Engineering Section. 1. OFF-STREET PARKING FACILITIES AND GEOMETRICS a. Off-Street (on-site) parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual, Standard Specifications and requirements. b. The applicant shall provide access and directional signs (e.g. "Entrance," "Exit," "Right Turn Only," "One Way," handicap signs, etc.) as determined by the City Traffic Engineer and as noted on Exhibit A dated December 20, 2004. C. Parking lot pavement and drainage design shall be in accordance with Public Works Department Standard Drawing Nos. P-41, P-42 & P-43 and incorporated into the site drainage plan. Site drainage to alleys requires approval by the City Engineer. A site drainage plan is required to be reviewed and approved by the Planning and Development Department, Building & Safety Services Division prior to the commencement of work. PART D - PLANNING/ZONING REQUIREMENTS PLANNING 1. Development is subject to the following plans and policies: - Bullard Community Plan - Medium Density Residential Land Use - Planned Development Section of the Fresno Municipal Code (Section 12-306-N-21) ZONING 2. Development is in accordance with the proposed R-1/UGM zoning. POPULATION DENSITY (Residential Projects) 3. The proposed density is approximately 7.5 dwelling units per acre, which is within the allowable range of the medium density residential planned land use. LOT AREA 4. Each lot shall have a minimum area as shown on Exhibit "A" dated December 20, 2004. BUILDING HEIGHT 5. The maximum allowable building height is 30 feet. The proposal is within the required height. EXCEPTIONS: Overheight structures may be approved by the City Planning Commission. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. BUILDING SETBACK, OPEN SPACES AND LANDSCAPING 6. All rear and side yard setbacks shall be in compliance with the setbacks shown on Exhibit "A" dated December 20, 2004. 7. The 4-foot easements shown along the side property lines of the majority of the lots on Exhibit "A" dated December 20, 2004, are intended to be used by the adjacent property owner so that each lot has at least one usable 8-foot side yard. No structures are allowed to be constructed within this 4-foot easement. 8. Provide the following,minimum landscaped areas: a. 10 feet along North Brawley Avenue. b. 10 feet along North Jeanne Avenue. C. 10 feet along West Bullard Avenue. d. Outlot A as shown on Exhibit"A" dated December 20, 2004. d. Areas to the northwest of and adjacent to lots 29, 101, 102, 135, 136, 155 and 156 on Exhibit "A" dated December 20, 2004. e. Areas to the southeast of and adjacent to lots 30, 65, 80, 81, 91, 92, and 114 on Exhibit "A" dated December 20, 2004. f. Area to the east of and adjacent to lots 115 and 128 on Exhibit "A" dated December 20, 2004. g. Area at the subdivision entrance from Verba/Brawley labeled "landscaping" on Exhibit "A" dated December 20, 2004. No structures of any kind may be installed or maintained within the above landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device) etc., are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc. shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. 9. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Put this note on the site and landscape plans.) FENCES. HEDGES, AND WALLS 10. Walls and gates shall be in compliance with Exhibit"A" dated December 20, 2004. 11. Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. ACCESS 12. Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for Vesting Tentative Tract Map No. T-5433/UGM dated February 16, 2005. COVENANTS AND AGREEMENTS 13. The covenants, conditions, and restrictions for the owner's association shall comply with Section 12-1026 of the Fresno Municipal Code. OUTDOOR ADVERTISING 14. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for separate Sign Review. Contact Public Services for information at 559/621-8277. (Include this note on the site plan.) BUILDING ELEVATIONS 15. All houses in the subject planned development shall be in compliance with elevations and plans shown in Exhibits B-1, B-2, B-3, B-4, B-5, B-6, C-1, C-2, C-3, C-4, C-5, and C-6. PART E- CITY AND OTHER SERVICES FIRE PROTECTION REQUIREMENTS 1. Comply with requirements noted in Vesting Tentative Tract Map No. 5433/UGM Conditions of Approval dated February 16, 2005. FLOOD CONTROL REQUIREMENTS 2. Comply with requirements noted in Vesting Tentative Tract Map No. 5433/UGM Conditions of Approval dated February 16, 2005. Conditions of Approval Conditional Use Permit No. C-04-61 July 14, 2004 Page 6 SOLID WASTE 3. Comply with requirements noted in Vesting Tentative Tract Map No. 5433/UGM Conditions of Approval dated February 16, 2005. SCHOOL FEES 4. School fees must be paid prior to issuance of building permits. (Contact Fresno Unified School District for further details.) Provide proof of payment (or no fee required) prior to issuance of building permits. STREET TREE REQUIREMENTS 5. Comply with requirements noted in Vesting Tentative Tract Map No. 5433/UGM Conditions of Approval dated February 16, 2005. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 6. Comply with requirements noted in Vesting Tentative Tract Map No. 5433/UGM Conditions of Approval dated February 16, 2005. PART F - MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2. if there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. KAMaster Files-2004Y CUPs\C-04-061-and T-5302-BS\C-04-061-COA.wpd NATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION - 1352 WEST OLIVE AVENUE P.O. BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX (559)488-4088 DEC C Flee your power! Be energy e TTY (559)488-4066Lit fficient! r'P1 December 22, 2004 2131-IUR/CEQA 6-FRE-99-30.0+/- C-04-272 & T-5433 WCM LAND Ms. Shelby Chamberlain City of Fresno Development Department 2600 Fresno Street, Third Floor �-,�, %nn `Lesno, C ' 91i:i-3 V_r Dear Ms. Chamberlain: We have reviewed the map and use permit for the proposed 168-lot single-family residential development located on the southwest corner of West Bullard and North Jeanne Avenues. Caltrans has the following comments: There is insufficientinformation contained in the application to evaluate this project's impacts to transportation. The proposed project could generate as many as 168 peak hour hips. The project- generated trips could have significant impacts to the State'Route (SR) 99 interchanges at Herndon and Shaw Avenues. A Traffic Impact Study(TIS) is needed to assess the project-related impacts to the State Highway system and appropriate mitigation measures. As per the City's policy, please have the preparer of the traffic study reference the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002, and send the scope of the TIS to Caltrans before the traffic study is conducted. Caltrans Guide, while advisory, contains Best Practices and gives insight into Caltrans' expectations when reviewing a traffic study. If the traffic consultant has-any issues or concerns regarding the use of the Guide or its interpretation, please contact us so resolution can be reached. It is Caltrans' understanding that the 2025 General Plan MEIR requires projects that will produce 100 or more peak-hour trips (as this project will do) to evaluate the project's contribution to increased peak-hour vehicle delay at major street intersections adjacent or proximate to the project site (Mitigation Measure B-4). Has such an analysis been done? If so, please forward the traffic study to Caltrans for our review and comment. Numerous developments have recently been approved in this area of Fresno. 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 to these resources were not addressed in the General Plan Update Master EK the City should consider a mechanism for evaluating, and mitigating, for them. - The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends "Caltrans improves mobility across California" Ms. Shelby Chamberlain December 22, 2004 Page 2 that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. Please send a copy of the staff report(s) to Caltrans prior to any scheduled hearings for this item. If you have any questions, please call me at (559) 445-6666. Sincerely, c_,w .MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno COUnty Governments LR' 4t nft "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOU) demand seeking to use the State Highway System. 4. Providing for continuity of n.on-motorized transportation. >. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential develoipmt-nt as Part711 -mif g`?tiop for congesTion. and.. air-quality irn-pacts and to ensure the long term viability of public.transportation. STATE OFFSALIFORNIA BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX559 488-4088 _ _ - Flex your power! ( ) Be energy efficient! TTY (559)488-4066 February 1, 2005 - - 2131-IGR/CEQA 6-FRE-99-30.0+/- C-04-272 & T-5433 WCM LAND Ms. Shelby Chamberlain City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Ms. Chamberlain: We have reviewed the Traffic Impact Study for the proposed 168-lot single-family residential development located on the southwest corner of West Bullard and North Jeanne Avenues. Caltrans has the following comments: Caltrans previous comments on this project indicated that an operational analysis should be conducted for the State Route (SR) 99 interchange at Herndon Avenue; however, according to the draft TIS, the development would have virtually no impact to the SR 99 northbound and southbound off-ramps to Herndon. A review of Figure 4 (2008 Project Trips)of the traffic study shows that 36 trips would exit from the northbound off--ramp during the evening peak travel time. The intersection volumes from Figure 5 (2025) Project Trips)were not used because of the inclusion of a future interchange at Grantland. While the study did not indicate impacts to the SR 99/Hemdon Avenue interchange, this may well be due to the inclusion of the Grantland interchange. This interchange may well be included as a concept in local planning documents,but there hasn't been any substantial movement towards development and constructing an interchange at Grantland. The TIS should be revised to more accurately reflect existing as well as realistic future conditions. The study does indicate that the development would impact the SR 99 interchange at Shaw Avenue. However, the study did not provide a full analysis of the SR 99 intersections at Shaw. The study should be revised to more accurately reflect the project's actual impacts. As this was not done, Caltrans utilized data from the traffic study for Tract 5298 to determine the current (TE =759) and projected (TB =930) volumes impacting the SR 99 northbound off-ramp to Shaw. Based on this information, and the estimated cost to add an additional lane to the SR 99 northbound off-ramp to Shaw ($270,000), Caltrans calculates the proposed development's fair share to mitigate for cumulatively significant impacts to State facilities to be $56,700. Please have the applicant's traffic study correct the TIS and resubmit the revised study to Caltrans for our review and comment. Numerous developments have recently been approved in this area of Fresno. The City should be aware that continued development has the potential to create cumulatively significant impacts to "Caltrans improves mobility across California" Ms. Shelby Chamberlain February 1, 2005 Page 2 both transportation and air quality. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating, and mitigating, for them. The City should consider a transit alternative for this project. The project is of sufficient size to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions,please call me at(559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. CITY OF FRESNO MITIGATED NEGATIVE DECLARATION C Initial Study is on file in the Planning and Environmental RE�GI ED Development Department, City Hall Assessment Number: 2600 Fresno Street, Fresno, California 93721 A-04-26/R-04-84/ 20�c I g 559 621-8277 C-04-272/T-5433 F RESKn C.!- APPLICANT: John Allen and WCM Land APN: 509-030-10 thru 17; �I1Y CLERK PO Box 8548 509-030-19 thru 26; 509-030- Calabasas, California 91372 29,30,37,38,43,44,48,52,53 PROJECT DESCRIPTION AND LOCATION: John Allen and WCM Land have filed Filed with: applications pertaining to approximately 56 acres of property located on the easterly side of REBECCA E. KLISCH, City Clerk North Figarden Drive,south of West Bullard Avenue. Plan Amendment Application No.A-04- 2nd Floor- City Hall 26 proposes to amend the planned land use designations of the 2025 Fresno General Plan 2600 Fresno Street and the Bullard Community Plan from medium high density residential to medium density Fresno, California 93721-3603 residential for 10 acres;community commercial to medium density residential for 12 acres; and medium high density residential to community commercial for 11 acres. The plan amendment application also proposes to delete Gates Avenue between North Figarden Drive and West Bullard Avenue and a portion of West Bullard Avenue between North Brunswick and North Bulletin Avenues from the circulation element of the 2025 Fresno General Plan and repeal the official plan lines for these streets. Rezone Application No. R-04-84 proposes to rezone 22 acres of the subject site from the R-A/UGM (Single Family Residential- Agriculture/Urban Growth Management) and C-2/BA-20/UGM/cz (Community CommerciaUBoulevard Area-20 Feet/Urban Growth Management/conditions of zoning)zone districts to the R-2/UGM (Low Density Multiple Family ResidentiaUUrban Growth Management) zone district and to rezone 34 acres of the project site from the R-A/UGM (Single Family Residential-AgricultureAhban Growth Management)and C-2/BA-20/UGM/cz (Community CommerciaUBoulevard Area-20 Feet/Urban Growth Management/conditions of zoning) zone districts to the C-2/BA-20/UGM (Community Commercial/Boulevard Area 20 Feet/Urban Growth Management) zone district. Vesting Tentative Tract Map No. T- 54331UGM proposes to subdivide the easterly 22-acre portion of the site into a 168-lot single family residential subdivision with 2 outlots. Conditional Use Permit Application No.C-04-272 proposes to allow the subdivision to be developed as a gated planned unit development with private streets and reduced front, side and rear yard setbacks. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the Environmental Assessment Application,the checklist,and any attachments to the checklist,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of"2"on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment. The incremental effect contributed by this project toward such a cumulative effect is not considered substantial in itself. The proposed project is not expected to result in any significant adverse effects in terms of the factors considered on the environmental checklist, including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Shelby Chamberlain SUBMITTED BY: Planner DATE: January 19, 2005 DARRELL UNRUH, Planning Manager PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA No. A-04-26/R-04-84/C-04-272/T--5433 1.0 TOPOGRAPHIC,SOIL,GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities(on or c 2 2.1 Substantial indirect source of pollution site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous substances 3;0 WATER 1 12.2 Site subject to flooding 1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters use 1 12.4 Potential hazards from aircraft accidents 1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.3 Wasteful use of ground water 1 3.4 Pollution of surface or ground water supplies 13.0 AESTHETICS 1 3.5 Reduction in ground water recharge 1 . 13.1 Obstruction to public or scenic.vista or view 1 13.2 Creation of aesthetically offensive conditions 4_0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation 1 4.1 Reduction of the numbers of any unique, rare or 1 13.4 Architectural incompatibility with surrounding area endangered species 1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building, disruption of agricultural land archaeological site 1 14.2 Construction or activity incompatible with adjacent 5.0 ANIMAL LIFE historic site 1 5.1 Reduction in the numbers of any rare,unique or endangered species 15.0 ENERGY 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel 1 15.2 Substantial increase in demand upon existing sources 1 6_0 HUMAN HEALTH of energy 1 15.3 Wasteful use of energy 770 NOISE 1 7.1 Increases in existing noise levels EXPLANATION OF RATINGS 2 7.2 Exposure to high noise levels "0" Insufficient Information 8.0 LIGHT AND GLARE Insufficient information is available to determine the potential 1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed areas project in this category. 1 8.2 Exposure of residences to high levels of glare "1" No Significant Environmental Effect The proposed project will not have an adverse environmental 9.0 LAND USE effect in this category, or any such effect is not substantially 2 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change in existing or planned area "2" Moderate Environmental Effect characteristics The proposed project will have an adverse environmental effect in this category,which is of sufficient magnitude to be of 10.0 TRANSPORTATION AND CIRCULATION specific concern. However, this effect is not substantial 2 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to require the preparation of an Environmental deficiencies on existing street system Impact Report, and is mitigable through project changes and 1 10.2 Cumulative increase in traffic on a major street for which conditions. capacity deficiencies are projected "3" Significant Adverse Environmental Effect 1 10.3 Specific traffic hazard to motorists,bicyclists, pedestrians The environmental effect identified in this category 1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the 1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on 1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an Environmental Impact Report. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL ASSESSMENT - INITIAL STUDY Application No. A-04-26/R-04-84/C-04-272/T-5433 PROJECT DESCRIPTION John Allen and WCM Land have filed applications pertaining to approximately 56 acres of property located on the easterly side of North Figarden Drive, south of West Bullard Avenue. Plan Amendment Application No. A-04-26 proposes to amend the planned land use designations of the 2025 Fresno General Plan and the Bullard Community Plan from medium high density residential to medium density residential for 10 acres; community commercial to medium density residential for 12 acres; and medium high density residential to community commercial for 11 acres. The plan amendment application also proposes to delete Gates Avenue between North Figarden Drive and West Bullard Avenue and a portion of West Bullard Avenue between North Brunswick and North Bulletin Avenues from the circulation element of the 2025 Fresno General Plan and repeal the official plan lines for these streets. Rezone Application No. R- 04-84 proposes to rezone 22 acres of the subject site from the R-A/UGM (Single Family Residential- AgriculturelUrban Growth Management)and C-2/BA-20/UGM/cz(Community CommerciaUBoulevardArea- 20 FeetlUrban Growth Managementiconditions of zoning) zone districts to the R-2/UGM (Low Density Multiple Family ResidentiaUUrban Growth Managemeno zone district and to rezone 34 acres of the project site from the R-A/UGM (Single Family Residential-Agriculture/Urban Growth Management) and C-2/BA- 20/UGM/cz (Community CommerciaUBoulevard Area-20 Feet/Urban Growth Management/conditions of zoning) zone districts to the C-2/BA-20/UGM (Community CommerciallBoulevard Area-20 Feet/Urban Growth Management)zone district. Vesting Tentative Tract Map No.T-5433/UGM proposes to subdivide the easterly 22-acre portion of the site into a 168-lot single family residential subdivision with 2 outlots. Conditional Use Permit Application No. C-04-272 proposes to allow the subdivision to be developed as a gated planned unit development with private streets and reduced front, side and rear yard setbacks. Bordering Property Information "g Planned Land Use Existing Zoning Existing Use North Light Industrial M-1/BA-20/UGM/cz Vacant Light IndustriaUBoulevard Area 20 Feet/Urban Growth Management Office Commercial C-P/UGM/cz Vacant Administrative and Professional (Church approved for Office/Urban Growth site) Management/conditions of zoning Neighborhood Commercial C-1/BA-20/UGM/cz Shopping Center Neighborhood CommerciaUBoulevard Area 20 Feet/Urban Growth Management South Medium High Density R-2/BA-20/UGM Apartment Complex Residential Low Density Multiple Family Residentiat/Boulevard Area 20 Feet/Urban Growth Management INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272lT-5433 Page 2 January 19, 2005 East Medium High Density R-A/UGM Single Family Residential Single Family Residential-Agriculturall Residences Urban Growth Management Railroad Not Applicable B.N.S.F. Railroad Tracks West Public Facilities-Middle C-P/BA-20/UGM Vacant School Administrative and Professional Officel CommerciaUBoulevard Area 20 Feetl Urban Growth Management Office Commercial C-P/BA-20/UGM Vacant Administrative and Professional Officel CommerciabBoulevard Area 20 Feetl L—L I Urban Growth Management Staff has reviewed the above-referenced project proposal and consulted with affected agencies and interest groups. Approval of the project may contribute to the creation of certain moderate environmental effects or the project may be adversely impacted by existing conditions as addressed below. The project area is located within the northwestern portion of the City of Fresno's adopted Sphere of Influence and Urban Boundaryarea and is designated for community commercial and medium high density residential planned land uses by the Bullard Community Plan, updated in 2002, and the 2025 Fresno General Plan, adopted in 2002. Environmental documents for previous plan actions include Final EIR No. 10130 (2025 Fresno General Plan). Additional environmental documents have been certified for major public facilities to accommodate population growth and urban development including Final EIR No. 10118 (Fresno/Clovis Regional Wastewater Treatment and Reclamation Facility Capacity Expansion) and Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan). These environmental impact analyses and conclusions,together with supporting technical studies, address the impacts of population growth and the necessary public facility capacity expansion associated with the urban development that will accommodate this growth within the City of Fresno's 2025 General Plan Urban Area Boundary and Sphere of Influence. Certification or approval of these environmental documents identified potentially significant adverse environmental impacts, appropriate mitigation measures, and findings of overriding considerations with respect to unavoidable significant impacts. The following impacts were identified by City Council Resolution No. 2002-378 certifying Final EIR No. 10130 (2025 Fresno General Plan). 1. Transportation and Circulation 2. Air Quality 3. Preservation of Agricultural Land 4. Noise Resolution No.2002-378 also contains a statement of overriding considerations for the above unavoidable significant effects. The benefits of implementing the 2025 Fresno General Plan outweigh unavoidable significant effects. INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433 Page 3 January 19, 2005 1.0—TOPOGRAPHIC, SOIL, GEOLOGIC CONSIDERATIONS There are no geologic hazards or unstable soil conditions known to exist on the project site. The existing topography is relatively flat with no apparent unique or significant land forms such as vernal pools. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards. Grade differentials at property lines must be limited to one foot or less, or a cross-drainage covenant must be executed with affected adjoining property owners. 2.0—AIR QUALITY As a result of the San Joaquin Valley's climate and topography,the San Joaquin Valley Air Basin(SJVAB) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number.of sunny days per year and high temperatures in the summer favor the formation of ozone. In the winter, inversions form that often trap particulate matter. With respect to the Fresno area, the SJVAB has been classified as follows: Ozone. Recently reclassified from "severe nonattainment"to"extreme nonattainment"by the U.S. E.P.A. • PM,o. Classified as"serious nonattainment" at the federal level. Classified as"nonattainment"by the State. • CO. Recently reclassified from "nonattainment"to "attainment' by th U.S. E.P.A. • NO2. Unclassified/Attainment at the federal level. Classified "attainment" at the State level. • SO2. Unclassified at the federal level. Classified "attainment' at the State level. • Sulfates. (No federal standard.) Classified "attainment" at the State level. • Lead. (No federal standard.) Classified "attainment" at the State level. • H2S. (No federal standard.) Unclassified by the State. • Visibility. (No federal standard.) Unclassified by the State. In response to the SJVAB's nonattainment status for Ozone (03) and particulate matter (PM,,), the San Joaquin Valley Air Pollution Control District (SJVAPCD) has adopted air quality attainment plans as required by State and federal regulations. Table VC-1 of MEIR No. 10130 lists the air quality attainment plans that have been adopted by the SJVAPCD. On April 16, 2004, the EPA issued a final rule classifying the SJVAB as extreme non-attainment, effective May 17, 2004(69 FR 20550). Under this rulemaking,the SJVAB's attainment date is November 15,2010. An Extreme Ozone Attainment Demonstration Plan (OADP) must be prepared which is a roadmap that identifies emission reductions needed to attain the air quality standard by this date. According to the final rule reclassifying the SJVAB as extreme nonattainment for the federal 1-hour ozone standard,the Extreme OADP was adopted in October, 2004. INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433 Page 4 January 19, 2005 The principal components of an OADP consist of a baseline emissions inventory, data describing measured ozone levels in the atmosphere for the area in question,descriptions of emissions controls that will reduce future emissions, a future emissions inventory that reflects decreases due to implementation of emissions controls as well as increases due to increased population, and a description of the results from a photochemical model relating emissions to ambient ozone levels and demonstrating attainment of the appropriate standard at a future date. In addition, this plan fulfills requirements of the California Clean Air Act regarding the development of a triennial update and California Air Quality Attainment Plan revision that examines air pollutant exposure data, control measure implementation, and other air quality information with emphasis on meeting California ambient air quality standards. As stated in the current Air Quality Attainment Plan, it is SJVAPCD's strategy to implement multiple tactics or control measures. These measures are,in turn,implemented through the extensive collection of District rules, regulations and permitting requirements established by the SJVAPCD. The Air District has suggested that the URBEMIS 2002 computer model be used to project future air pollutant emissions that can be expected to be generated from vehicular traffic generated from the urban uses developed on the project site. The computer model evaluated the following emissions: ROG (Reactive Organic Gasses), NOX(Nitrogen Oxides),CO(Carbon Monoxide), PM,,(Particulates)and SOX (Sulfur Oxides) which are summarized below. URBEMIS 2002 AIR QUALITY IMPACTS" All data in tons/year ROG NOX CO PM10 SOX Area Source Emissions 11.09 7.42 23.27 3.34 0.07 Operational Emissions 107.27 - 127.59 1136.05 87.61 0.90 Totals 118.36 135.01 1159.32 90.95 0.97 Level of Significance or 10 10 100 14.6 27.37 Requirements for Offset "Based on 168 single family residences and 385,000 square feet of commercial uses(25%site build-out) The URBEMIS 2002 model projections indicate that the proposed project will exceed the threshold limits for the emissions listed. This particular analysis included the prohibition of wood burning devices. It also included the mitigation measures which are listed below. The Master Environmental Impact Report (MEIR No. 10130) adopted for the 2025 Fresno General Plan was prepared based on land use designations,for this project area,of community commercial(34t acres), medium high density residential (22t acres). The plan amendment application is a request to reduce the intensity of residential uses for the portion of the subject site currently planned for medium high density residential uses. This results in a decrease in the number of residential units that may have been constructed in accordance with the 2025 Fresno General Plan and in the amount of emissions predicted in the MEIR prepared for the adoption of the general plan. This area is now being proposed for single family residential development which creates a significantly lower impact on the air. In addition, the INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433 Page 5 January 19, 2005 amount of commercial planned land uses will remain the same; it is only the re-configuration of the area which is proposed at this time. Therefore, although the plan amendment was not anticipated as a subsequent project under MEIR No. 10130, the development of the proposed project will create a lesser impact on air quality than the project that was anticipated by the MSIR. The SJVAPCD has developed the San Joaquin Valley 1991 California Clean Air Act Air Quality Attainment Plan (AQAP), which continues to project nonattainment for the above-noted pollutants in the future. This project will be subject to applicable Air District rules, regulations, and strategies. In addition, the construction phase of the project will be subject to the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) Regulation VIII, Fugitive Dust Rules, related to the control of dust and fine particulate matter. This rule mandates the implementation of dust control measures to reduce the potential for dust to the lowest possible level. The plan includes a number of strategies to improve air quality including a transportation control strategy and a vehicle inspection program. In addition, the District encourages innovations in measures to reduce air quality impacts such as energy efficient building materials and household appliances as well as site design features including landscaping, pedestrian and transit access features. To provide continuous travel, bike lanes are also required on East Hamilton and South Armstrong Avenues. Other mitigation measures in addition to the required bike lanes are required sidewalks and pedestrian paths, pedestrian connections, lighting and other safety features for pedestrians and cyclists, street lighting and appropriate signage and signalization that will promote pedestrian and other modes of transportation. These will be implemented through the conditions of approval for any future subdivision map for single family residential development. The 2025 Fresno General Plan and the Roosevelt Community Plan major street design standards and bikeway plans provide for thorough distribution of alternative transportation improvements. These facilities assure convenient accessibility to neighborhood uses including schools, parks, and commercial centers using alternative nonvehicular means of transportation. Neighborhood parks are acquired and developed with urban growth management fees, frequently located in conjunction with an elementary school site that facilitate related academic, athletic, recreational, and other community activities that promote combined trip-making and encourage the use of nonvehicular modes of transportation. In addition, the City of Fresno continues to plan and implement the expansion of its fixed-route bus public transportation system in order to serve developing urban areas. Adopted standards and conditions of development require the provision of adequate bus stop facilities at appropriate major street locations to facilitate future public transportation services. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the air quality related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated January 19, 2005. 2. The proposed project shall implement and incorporate, as applicable, the air quality related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated January 19, 2005. 3.0—WATER INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433 Page 6 January 19, 2005 Fresno is one of the largest cities in the United States still relying entirely on groundwater for its public water supply. While the aquifer exceeds a depth of 300 feet and is large enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations, as well as high consumptive use of water on a per capita basis (267 gallons per day capita), have resulted in a decline in the total usable potable water supply. The City of Fresno is currently implementing a number of strategies aimed at managing existing groundwater resources, including location and construction of groundwater recharge facilities to purify and replenish the ground water; construction of a surface water treatment and distribution facility; and routine testing of groundwater to identify contaminants and construct well head treatment facilities as necessary to remove contaminants from the groundwater. The City of Fresno Department of Public Utilities has confirmed that an adequate source of water is available to serve the proposed project. The nearest public water mains (existing and proposed) are located in East Jensen, East Church and South Sunnyside Avenues. Mitigation Measures: 1. The proposed project shall implement and incorporate, as appropriate, the water related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated January 19, 2005. 2. The proposed project shall implement and incorporate, as appropriate, the water related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130- 2025 Fresno General Plan Mitigation Monitoring Checklist dated January 19, 2005. 4.0—PLANT LIFE: and 5.0—ANIMAL LIFE There are no native plants or significant wildlife populations known to exist on the project site. The extensive landscaping proposed on the site will provide habitat for certain species of birds and small animals suited for an urban environment. 6.0—HUMAN HEALTH Aside from temporary dust generation during construction, the project is not expected to have any other impacts on human health. 7.0—NOISE The subject site is located adjacent to the Burlington Northern/Santa Fe Railroad mainline and the Figarden Loop. The railroad and the major street are potentially significant sources of noise and vibration which could disrupt the habitability of a single family residential area. The City of Fresno Noise Element of the General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dB CDNL, and for interior living areas a noise level exposure of not more than 45 dB CDNL. The entire site is within a 60 to 70 decibel contour according to the Master Environmental Impact Report for the 2025 Fresno General Plan. This condition requires that an acoustical analysis for the project be submitted, evaluated, and accepted by the Planning and Development Department. The acoustical analysis performed for the project found the noise levels to be substantial. The acoustical analysis, prepared by Brown-Buntin Associates, dated September 28, 2004, used models from the Federal Highway Administration (FHWA),as well as field measurements conducted atthe project site. The study prepared for the project took into account noise from traffic along Figarden Drive as well INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433 Page 7 January 19, 2005 as from the BNSF railroad. Field measurements recorded noise levels at the project site of 78 dB(A), without any sound walls or other mitigation. It is concluded that a 12-foot high wall, or approved combination of wall and berm, is necessary to fully reduce the noise levels along the easterly boundary of the project site. The sound wall shall be constructed in accordance with the acoustical analysis. A 6- foot wall is required around the perimeter of the remaining project site. These barriers will reduce the exterior noise level to 60.7 dB(A) at the first floor height. Interior noise levels will be reduced to an acceptable level through standard construction mandated by the California Building Code. Specifically, exterior walls will be constructed with stucco, over 2"X4", 16" o.c. wood framing, with 1/2" gypsum board with cavity insulation inside. All exterior doors will be weather- stripped and have threshold seals and windows will be operable with dual glazing and low air infiltration rate frames. Additionally, mechanical ventilation (HVAC) will be provided to allow temperature control when doors and window are closed during high noise periods. Any development of this site must be in compliance with the Railroad/Single Family Residential Interface Standards of Section 5.4.2 of the Bullard Community Plan. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated January 19, 2005. 2. The proposed project shall implement and incorporate, as applicable, the noise related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated January 19, 2005. 9.0—LAND USE The plan amendment application proposes to amend the planned land use designations of the 2025 Fresno General Plan and the Bullard Community Plan from medium high density residential to medium density residential for 10 acres; community commercial to medium density residential for 12 acres; and medium high density residential to community commercial for 11 acres. The plan amendment application, if approved,would maintain the same amount of commercial and residential uses that currently exists and would decrease the intensity of the residential uses. The plan amendment application also proposes to delete Gates Avenue between North Figarden Drive and West Bullard Avenue and a portion of West Bullard Avenue between North Brunswick and North Bulletin Avenues from the circulation element of the 2025 Fresno General Plan and repeal the official plan lines for these streets. The rezone application proposes to rezone 22 acres of the subject site from the R-A/UGM (Single Family Residential- Agriculture/Urban Growth Management)and C-2/BA-20/UGM/cz(Community Commercial/BoulevardArea- 20 Feet/Urban Growth Management/conditions of zoning) zone districts to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management)zone district and to rezone 34 acres of the project site from the R-A/UGM (Single Family Residential-Agriculture/Urban Growth Management)and C-2/BA- 20/UGM/cz (Community CommerciaUBoulevard Area-20 Feet/Urban Growth Managementiconditions of zoning) zone districts to the C-2/BA-20/UGM (Community CommerciaUBoulevard Area-20 Feet/Urban Growth Management)zone district. These proposed zone districts correspond with the requested planned land use designations. This would allow for the project site to be developed with a 168-lot single family residential subdivision and a community commercial center. Goal 5.5.1-1 of the Bullard Community Plan states that the City should, in regards to the Bullard-Brawley Loop/Figarden Drive area, "Provide for a viable 'community center' (focal area of community activity) integrating commercial, medium-high density residential, cultural, social, educational and recreational facilities at a location accessible to the community at large". The development of the entire project site, INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433 Page 8 January 19, 2005 which is surrounded by urban uses, meets the goals of this policy. The project provides office,commercial and residential facilities for the community as well as the future residents of the proposed subdivision. The proposed land use is compatible with the applicable community and general plan goals, policies, and implementation measures intended to provide for the efficient uses of natural resources and public facilities; the construction of adequate public improvements by the development which generates the demand for these facilities; and, the implementation of a functional land use pattern consistent with the population and economic growth projects of the Fresno General Plan. Based on the applicability of adopted development standards,plan policies/implementation measures,and applicable mitigation measures of the above-referenced environmental documents,and with consideration of the proposed land use relationship, and recommended neighborhood unifying design principles, it is concluded that the proposed plan amendment will further promote the achievement of the planned urban form and land use objectives of the 2025 Fresno General Plan and the Bullard Community Plan. 10.0—TRANSPORTATION AND CIRCULATION: 10.1 Generation of Vehicular Traffic Sufficient to Cause Capacity Deficiencies The circulation system near the project site has been altered to accommodate substantial interruptions to the established citywide grid system. Particularly, west of Marks Avenue, the circulation system makes significant deviations from the established grid system due to the two railroads cutting diagonally through the area in a northwest to southeast direction. The central circulation design feature in the western Bullard Community is the Bullard-Brawley Loop, which is named Figarden Drive, and was conceived in 1975 as a way to minimize the number of grade crossings of the BNSF railroad tracks. The Figarden Drive loop also provides a central circulation feature to facilitate the planned community center function of this area as contemplated by Objective C-4 of the 2025 Fresno General Plan. Radiating outward from the central core are five major streets: two collector streets, Sierra and Gates Avenues; and three arterial streets, Brawley, Santa Fe, and Bullard Avenues. Figarden Drive connects back to the grid system by becoming Bullard Avenue just west of the Bullard/Marks Avenue intersection and by becoming Brawley Avenue at approximately the Barstow Avenue alignment. The reconfiguration of the grid system and creation of Figarden Drive was recommended to increase safety and reduce the expense of multiple railroad crossings. The two mainline railroads that run diagonally through the Bullard Community Plan area were disruptive to the circulation system and to adjacent land uses,and imposed a safety hazard at the various existing at-grade-level crossings that existed prior to the Figarden Drive Loop. The intersection and railroad crossing that currently exists at Figarden Drive/Santa Fe Avenue was designed and built specifically to direct traffic across the Figarden Drive/Santa Fe Avenue intersection so traffic at that intersection would operate safely and properly. Large employment intensive uses attract trips from throughout the region and thus might facilitate the use of public transportation or other alternatives to the use of the private vehicle. However, It is apparent that a substantial portion of the predicted vehicle trips impacting the plan area's major street system would be generated from land uses that are not equitably contributing to the cost of constructing adequate street capacity or other transportation systems. Widely dispersed semi-urban or rural residential developments occurring beyond the Fresno Metropolitan Area are poorly suited for alternative forms of public transportation and typically would not contribute to the construction of additional major street capacity. A traffic analysis, dated August 26, 2004, was prepared by Peters Engineering Group for the proposed project. The traffic analysis has identified several potential mitigation measures for the proposed project which are incorporated into the attached "Project Specific Mitigation Measures". In addition, the development of the project site with the proposed 168 single family residences and a 34 acre commercial center, and the surrounding planned urban uses designated by the 2025 Fresno General Plan and Bullard INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272JT-5433 Page 9 January 19, 2005 Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate North Figarden Drive and West Bullard Avenue (west of Figarden) as arterial streets and West Bullard(east of Figarden)and North Gates Avenues as collector streets. Arterial streets are required to be developed with two travel lanes in each direction separated by a median island to control left-turn and crossing vehicular movements. Arterials can accommodate approximately 32,000 vehicle trips per,day (VTD). Collector streets are typically developed with a total of two to four lanes without a median island although in some locations they may have a continuous left-turn lane. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The plan amendment application proposes to delete Gates Avenue between North Figarden Drive and West Bullard Avenue and a portion of West Bullard Avenue between North Brunswick and North Bulletin Avenues from the circulation element of the 2025 Fresno General Plan and repeal the official plan lines for these streets. The portion of Bullard between Brunswick and Bulletin will be a local collector street and have one lane of travel in each direction as well as a continuous turn lane. The existing traffic signal at the intersection of Figarden and Gates will remain as the main ingress and egress point to the commercial center. With the rearrangement of the land uses for the site and the decreased intensity of the residential portion, it is no longer necessary to construct the major streets as they are shown in the general plan. Based upon the existing planned land use designations of community commercial and medium high density residential (assuming maximum build-out with 330 units), the 2025 General Plan anticipated this site would generate 18,712 vehicle trips per day(based upon the American Institute of Traffic Engineers (ITE) Manual). The proposed project, with a 34 acre commercial center(assuming 385,000 square feet of building area, or 25% build-out) and a 168-lot single family residential subdivision, generates 18,132 vehicle trips per day. The proposed project represents a slight decrease in the amount of the planned trips for the subject property. These trips would be directed mainly onto Figarden Drive, which is designated as an arterial according to the 2025 General Plan and the Bullard Community Plan and is currently operating at a LOS D for PM peak hours. Figarden Drive was designed as a four-lane divided arterial street, with traffic control signalization at intersections with major streets and other major access points. The right-of-way width is 116 feet to accommodate the four vehicular travel lanes plus two bike lanes. The designed daily capacity of a four- lane arterial is about 32,000 trips per day. The study analyzed the following 12 intersections: Herndon/Golden State, Carnegie/Golden State, Milburn/Palo Alto, Bullard/Polk, Bullard/Dante, Bullard/Marks, Bullard/Carnegie, Bullard/Cecelia, Figarden/Bullard, Figarden/Santa Fe, Figarden/Gates and Figarden/Sierra. It was determined that all intersections would require some level of improvement in the future, with or without the proposed project. Per the recommended mitigation measures in the traffic analysis, the project owner/developer will be required to construct the intersection of Bullard at Figarden Avenue northbound and southbound approaches complete with dual left turn lanes, two through lanes, separate right-turn lanes (westbound and eastbound approaches only), and modify median noses to accommodate WB-50 truck turn template. The mitigation measures also include the reconstruction and modification of the Figarden/Gates intersection and the project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rates as set forth in the latest edition of the ITE Generation Manual, excluding the intersections mentioned with required mitigation measures. The developer/owner shall reconstruct the north and southbound median island noses (at Figarden Drive) to accommodate the dual left turns from Gates Avenue and follow the intersection geometry as depicted in Exhibit C. INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433 Page 10 January 19, 2005 The proposed future development of the site will require several streets, existing and planned, to be vacated. This includes portions of the following streets:Gates Avenue,Verdone Avenue, Endich Avenue, Brunswick Avenue, Lob Ingir Avenue, Aidin Avenue, Figarden Avenue, Meander Avenue, Verba Avenue and Endor Avenue. There is an existing 3-foot pedestrian easement along Bullard Avenue which must also be vacated. The vacation of these streets is consistent with the land use and circulation elements of both the 2025 Fresno General Plan and the Bullard Community Plan, as amended by Plan Amendment Application No. A-04-26. Caltrans The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has asserted that proposed project will contribute additional vehicle trips which will impact State Route(SR) 99 interchanges at Herndon Avenue and at Shaw Avenue. In a letter dated December 22, 2004, Caltrans requests that a traffic study be completed and that the city consider a transit alternative for the project. A traffic study was completed by Peters Engineering Group and has been given to Caltrans for their review. In addition, there is Fresno Area Express bus stop (Line 20) located approximately a half-mile to the south of the site. State highway facilities appear to have failed to meet 20-year capacity design criteria during a period of time when the area's pace of population growth decreased to a rate well below previous state projections. This highway facility "under-design" and consequently the capacity deficiencies, which may now be prematurely occurring, are at least partially the result of resource allocation decisions made by the State of California rather than land use decisions made by the City of Fresno. An appropriate, reasonable and legally permissible method of addressing capacity deficiencies has been presented to Caltrans for consideration. This method utilizes the master storm water drainage facility planning and fee program established by the Fresno Metropolitan Flood Control Agency as a model. Using this model, Caltrans is responsible for providing a master facilities plan,development fee schedule and assurances of compliance with constitutional and statutory requirements (Mitigation Fee Act - AB 1600) that apply to the City of Fresno. Should Caltrans develop a master facilities plan and development impact fee program consistent with this model it will be applied to any final tract map or other applicable development entitlement for this project. Finally, with or without the implementation of freeway impact fees, the project is not anticipated to adversely impact the area's circulation system as conditioned and mitigated. It is also noted that the City of Fresno's staff has met with Caltrans representatives to review citywide impacts on State facilities; the CEQA process; and the legal requirements for determining the nexus (demonstration of the direct relationship between the project and the potential impact) and the proportionality (fair share contribution towards mitigating the impact) required by State law. While the Caltrans representatives have previously assured the City that Caltrans legal staff would provide evidence of compliance with State statutes, no response has been received to date by the City of Fresno. However, in response to these discussions, a partnership in planning grant was obtained through which the City of Fresno and Caltrans will participate with other jurisdictions to complete a freeway deficiency study. This study will detail the traffic impacts anticipated to occur to freeway facilities within the greater Fresno-Madera-Clovis Metropolitan Area. This study will focus upon facilities identified to be most impacted by the projected increases in traffic; identification of the sources of the vehicle traffic within the greater metropolitan area; and the improvements necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be legally implemented by the cities of Fresno and Clovis as well as the County of Fresno upon adoption by the respective jurisdictions. INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433 Page 11 January 19, 2005 In order to alleviate the impact of this project upon the City of Fresno's street system and to provide for a smooth flow of traffic to and from the project, the property owner/developer will be required to dedicate a portion of the subject sites for street purposes in accordance with adopted plans and policies such as the Major Street and Highway Plan, the Circulation Element of the General Plan, an Official Plan Line, a Director's Determination, or a local street public improvement standard as determined by the Director. Each development must also construct a portion of the planned major street system, including off-site extensions as required by Urban Growth Management Policies. In addition,the residents of the proposed project will contribute to the construction of state highway facilities and regionally significant streets through the Measure "C" local transportation sales tax program. Mitigation Measures 1. The proposed project shall implement and incorporate, as applicable, the traffic and circulation related mitigation measures as noted in the attached Project Specific Monitoring Checklist dated January 19, 2005. 2. The proposed project shall implement and incorporate, as applicable, the traffic and circulation related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated January 19, 2005. 11.0—URBAN SERVICES 11.1—Availability of Fire Protection The project site is located within the city's Urban Growth Management Area and must comply with the applicable service delivery requirements necessary to provide not less than the minimum acceptable level of fire protection facilities and services appropriate for urban uses. The proposed project is located within two miles of City of Fresno Fire Station No. 14. 11.4—Overcrowding of School Facilities The project site is served by the Fresno Unified School District. The district has adopted development fees in accordance with current state law. Development of the project site will be subject to the fees in place at the time fee certificates are obtained. 11.6—Availability_of Sewer Lines of Adequate Capacity The Public Utilities Department has determined that there is adequate service for the proposed project. The nearest available sewer mains are located in North Figarden Drive and North Gates Avenues. Mitication Measures 1. The proposed project shall implement and incorporate, as applicable,the sewer related mitigation measures as identified in the attached Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated January 19, 2005. INITIAL STUDY Environmental Assessment No. A-04-26/R-04-84/C-04-272/T-5433 Page 12 January 19, 2005 11.7—Availability of Storm Water Drainage Facilities On or Off Site In order to avoid or reduce the discharge of pollutants into the storm water sewer system, the U.S. Environmental Protection Agency requires that a Notice of Intent for a general National Pollutant Discharge Elimination System permit be filed for a variety of industrial uses and for any construction site of five or more acres of land. The property owner of this development site has been informed of that requirement and of his,and any business owner's, responsibility to ensure that the Notice of Intent is filed in accordance with the regulations published in Volume 55, No. 222, of the Federal Register. 14.0—HISTORICAUARCHAEOLOGICAL There are no adjacent historical or archaeological sites. To ensure that any possible sites will be protected, the following conditions have been added to this special permit approval: 1. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3. If animal fossils are uncovered,the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. DETERMINATION Based upon these previous actions and the applicability of adopted development standards, plan policies/ implementation measures, and applicable mitigation measures of the above-referenced environmental documents, it is concluded that the proposed land uses will not result in a significant indirect adverse environmental effect. On the basis of this initial evaluation, it is determined that the proposed project is consistent with all applicable city plans and policies and conforms to all applicable zoning standards and requirements. Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Guidelines, it is further determined that there is no substantial evidence in the record that the proposed project may have a significant effect on the environment. 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