HomeMy WebLinkAboutT-5447 - Report - 5/8/2013 City of
ceILm-Q_ AGENDA ITEM NO.
rnc=�'_��►� REPORT TO THE CITY COUNCIL
COUNCIL MEETING 04/11/13
April 11, 2013 APPROVED BY
DEPARTMENT DIRECTOR
FROM: PATRICK N. WIEMILLER, Director
Public Works Department CITY IVIANA2!�&L
BY: SCOTT L. MOZIER, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
JONATHAN BARTEL, Supervising Engineering Technician
Public Works Department, Traffic and Engineering Services Division
SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5447 AND ACCEPTING THE
DEDICATED PUBLIC USES OFFERED THEREIN (COUNCIL DISTRICT 4)
1. ADOPT A RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 5447
AND ACCEPTING THE DEDICATED PUBLIC USES OFFERED THEREIN
2. AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO
EXECUTE THE SUBDIVISION AGREEMENT AND THE COVENANT FOR THE
MAINTENANCE OF CERTAIN IMPROVEMENTS UNDER CFD-11 ON BEHALF
OF THE CITY
3. AUTHORIZE THE DIRECTOR OF PUBLIC UTILITIES OR HIS DESIGNEE TO
EXECUTE THE COVENANT FOR SPECIAL SOLID WASTE DISPOSAL
SERVICES AND THE COVENANT DEFERRING PAYMENT OF THE FOWLER
INTERIM FEE SURETY TO THE TIME OF OCCUPANCY ON BEHALF OF THE
CITY
4. AUTHORIZE THE DEVELOPMENT AND RESOURCE MANAGEMENT
DIRECTOR OR HIS DESIGNEE TO EXECUTE THE COVENANT DEFERRING
ELIGIBLE DEVELOPMENT IMPACT FEES TO THE TIME OF OCCUPANCY
AND THE COVENANT ACKNOWLEDGING RIGHT TO FARM LAW ON
BEHALF OF THE CITY
RECOMMENDATION
Staff recommends the City Council take the following action:
Adopt a resolution approving the Final Map of Tract No. 5447 and accepting the dedicated public uses offered
therein; and to authorize the Public Works Director or his designee to execute the subdivision agreement and
the covenant for the maintenance of certain improvements under CFD-11 on behalf of the City, authorize the
Director of Public Utilities or his designee to execute the covenant for special solid waste disposal services and
the covenant deferring payment of the Fowler interim fee surety to the time of occupancy on behalf of the City
and to authorize the Development and Resource Management Director or his designee to execute the
covenant deferring eligible development impact fees to the time of building permit and occupancy and the
covenant acknowledging right to farm law on behalf of the City.
REPORT TO THE CITY COUNCIL
Adopt Resolution Approving Final Map of Tract No. 5447
April 11, 2013
Page 2
EXECUTIVE SUMMARY
The Subdivider, Pleasant Valley Investments, LC, a Nevada Limited Liability Company, (Chris Williams,
Authorized Agent), has filed for approval, the Final Map of Tract No. 5447, Phase 2 of Vesting Tentative Map
No. 5447 for a 75-lot single-family residential planned development subdivision with two outlots for public park,
trail and landscape purposes, located on the northeast corner of North Temperance Avenue and East Shields
Avenue on 20.03 acres.
The Final Map is technically correct and conforms to the approved Vesting Tentative Map No. 5447 dated
February 22, 2006 and approved revisions thereto ("Tentative Map"), the Subdivision Map Act and the Fresno
Municipal Code. The Subdivider has signed the subdivision agreement and covenants and has posted all
required performance securities, insurance certificates and paid all fees now due to satisfy the conditions of
approval of the Tentative Map. The City Attorney's Office has approved all documents as to form and the Risk
Management Division has approved all security bonds and insurance certificates. The provisions of Section
66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved
tentative map to be approved by the City Council.
BACKGROUND
The Fresno City Planning Commission on February 22, 2006 adopted Resolution No. 12414 approving Vesting
Tentative Map No. 5447 (Tentative Map) for a 194-lot single-family residential planned development
subdivision on 34.93 net acres at an overall density of 5.6 units per acre. The Fresno City Planning
Commission on February 22, 2006 adopted Resolution No. 12415 approving Conditional Use Permit
Application No. C-05-43 for a planned development with reduced lot sizes. The Development and Resource
Management Department on June 6, 2012 approved a revision to Vesting Tentative Map No. 5447 and
Conditional Use Permit Application No. C-05-43 reducing the number of lots from 194 to 174. Attached is the
Fresno City Planning Commission report which provides the project details, staff analysis, environmental
findings and consistency findings for Vesting Tentative Map No. 5447 with the 2025 General Plan and the
McLane Community Plan to comply with the provisions of the Subdivision Map Act. The approval of Vesting
Tentative Map No. 5447 will expire on February 22, 2016.
The Final Map has been reviewed and deemed to be technically correct. The Subdivider has satisfied all other
conditions of approval by executing the Subdivision Agreement for Tract No. 5447, submitted securities in the
total amount of $1,773,000.00 to guarantee the completion and acceptance of the public improvements and
$886,500.00 for a payment security and has paid the miscellaneous and development impact fees due as a
condition of approval for the Final Map in the amount of $437,231.04. Covenants have been executed to defer
eligible development impact fees totaling $257,749.34 to the time of issuance of building permit and final
occupancy of each unit, for annual CFD-11 assessment notification, and for special solid waste disposal
services, for deferring payment of the Fowler interim fee surety to the time of occupancy and for
acknowledging right to farm law.
MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain the landscaping and
irrigation systems within street and landscaping easements and outlots, concrete curbs and gutters, valley
gutters, entrance median curbs, median island and entrance street stamped concrete, sidewalks, curb ramps,
street lighting, interior street paving and street name signage within and adjacent to the Final Map in
accordance with the adopted standards of the City. The Subdivider has satisfied the maintenance requirement
by annexing the subdivision into the City's Community Facility District No. 11 (CFD-11) on November 8, 2012.
REPORT TO THE CITY COUNCIL
Adopt Resolution Approving Final Map of Tract No. 5447
April 11, 2013
Page 3
The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the
Subdivision Agreement, is required to provide every prospective purchaser of each lot of the subdivision the
"Notice of Special Tax", in accordance with the provision of Section 53341.5 of the California Government
Code. The maximum annual assessment is $710.67 per lot with an annual 3% adjustment plus the increase, if
any, in the construction cost index for the San Francisco Region.
FISCAL IMPACT
There will be no impact to the City's General Fund. Affirmative action by the Council will result in timely
deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.
Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as
the Subdivider has paid the city a fee for the processing of this Final Map and that fee is, in turn, funding the
respective operations of the Public Works Department.
Attachments:
Resolution Approving the Final Map of Tract No. 5447 and Accepting the Dedicated Public Uses Therein
Final Map of Tract No. 5447
Report to the Planning Commission—Consideration of Vesting Tentative Map No. 5447 and Related
Environmental Finding for Environmental Assessment No.T-5447
This page intentionally left blank.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, TO APPROVE THE FINAL MAP OF TRACT NO.5447
AND ACCEPTING DEDICATED PUBLIC USES THEREIN EXCEPT
FOR DEDICATIONS OFFERED SUBJECT TO CITY ACCEPTANCE OF
DEVELOPER INSTALLED REQUIRED IMPROVEMENTS
WHEREAS, PLEASANT VALLEY INVESTMENTS, LC, a Nevada Limited Liability Company,
has offered for approval a Final Map designated as Tract No. 5447, Phase 2 ("map"), pursuant to approved
Vesting Tentative Map No. 5447 ("tentative map"); and,
WHEREAS, all the certificates which appear on the map (except the approval certificate of the
Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been
signed and acknowledged and said map has been filed for approval; and,
WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and,
WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State
of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the
Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having
previously filed with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate
Request along with copies of the map considered herewith by the Council; and,
WHEREAS, the Council finds that the proposed subdivision, together with the provisions for its
design and improvement, is consistent with all applicable general and specific plans of the City; and,
WHEREAS, the Subdivider and the Owners, whose signatures appear on the map, and others have
offered for dedication certain streets, public utility easements, access rights and other public properties and uses
as shown and delineated upon said map; and,
WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said
tentative map.
1 of 3 Resolution Approving the Final Map of
Date Adopted: Tract No.5447,etc.
Date Approved: Resolution No.
Effective Date:
City Attorney Approval: __�
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council finds that the map is in substantial compliance with said tentative map,
any deviations therefrom being deemed to be approved by the Council.
2. That the map is hereby approved and any and all of the streets, public utility
easements, public utility facilities, access rights and all parcels of land and easements offered
for dedication on the map are hereby accepted, unless it is stated on the Final Map that said
dedications are subject to City acceptance of Developer installed improvements, subject to
complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to
release of the map for recordation.
2 of 3 Resolution Approving the Final Map of
Date Adopted: Tract No. 5447,etc.
Date Approved: Resolution No.
Effective Date:
City Attorney Approval:
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE,City Clerk of the City of Fresno,certify that the foregoing resolution was adopted by
the Council of the City of Fresno,at a regular meeting held on the
day of 2013.
AYES
NOES
ABSENT
ABSTAIN
Mayor Approval: 12013
Mayor Approval/No Return: 12013
Mayor Veto: 12013
Council Override Vote: 2013
YVONNE SPENCE, CMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Talia Kolluri-Barbick
Deputy City Attorney
3of3
Resolution Approving the Final Map
of Tract No.5447,etc.
Resolution No.
FINAL MAP OF
TRACT NO. 5447 SURVEYOR'S STATEMENT
ME SURVEY FOR THIS MAP WAS MADE BY ME OR UNDER MY DIRECTION AND IS
TRUE AND COMPLETE AS SHOWN.
RECORD TREE INTEREST STATEMENT LA4O THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A
INE UNDERSIGNED.BEING AU.PARIES-VII ANY RECORD TT£ PHASE 2 OF VESTING TENTATIVE MAP NO.5447 S\�q M4 S FIELD SURVEY IN CONFORMANCE WN THE REWIREMENTS OF THE SUBDIVISION MAP
INTEREST IN THE LINO'"THIN MIS SUMVISINV,HEREBY CONSENT TO 44 � ` ACT AND LOCAL ORDINANCE AT THE REQUEST OF WWOSIDE HOMES INC.,ON MAY
THE PREPARABOY AND RECORDATON OF THIS MAP AND OFFER FOR A 30,2011. I HEREBY STATE THAT ALL INE MONUMENTS ARE OF INE CHARACTER
DEDICATION FOR PUBLIC USE TIE PARCELS AND EASEMENTS SPEGFlED A PLANNED DEVELOPMENT �� >Sj AND DOW PY TIE POSITIONS INDICATED,OR THAT THEY WILL BE SET IN THOSE
ON SATO MAP AS INTENDED FOR PUBIC USE FOR TIE PURPOSES w POSITIONS ON OR BEFORE ONE YEAR OF TIE DATE MIS MAP IS RECORDED,OR
SPECR'MO THEREIN. i p�i �, BEINOA RESUBDMISIONOFLOT SI OFTHE * P.I,s nl. * OORRY\niL BE,EXTENSION
TOOENABLE THE SURWYBY ME ON CTO BE RETRACED.AND NATNEER, ME MONUMENTS
Q MAP OF EGGERS COLONY ��, `Y NAT MS FINAL
MA SJBBSTANIALLY COJFORMS TO TIE CONDITIONALLY
PLEASANT VALLEY INVESTMENTS.I.C.A NEVADA UMRED LIABILITY OTA A HU LY GM,\PAPPROVED
COMPANY RECORDED IN VOLUME 4 OF PLATS,AT PAGE 60
Bc
disrtE FRESNO COUNTYRECORDS
RIS W41WAN5.AUTHORIZED AGENT DATE '' RM
IN THE CITY OF FRESNO,COUNTY OF FRESNO,STATE Of CALIFORNIA
FRESNO 1RRIGATON DISTRICT,A PUSUC CORPORATION,AS EASEMENT FAST SHIELDS AVENUE SURVEYED
AND PLATTED IN JULY 2012 BY QUAD KNOPF INC. MICHAEL R.MARTIN P.L.S.4]11 DATE
HOLDER CONSISTING OF 4 SHEETS CRY ENGINEERS STATEMENT
g g MCINRY=MAP SHEET T OF a 1.
BY: SHOWN HEREBY STATE MAT.HAVE EXAMINED MIS NAP.THAT TIE SUBDIVISION
BANY SERRATO GATE TEV SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED
SECRETARY TENTATIVE MAP,AND ANY APPROVED ALTERATIONS THEREOF,THAT ALL
AT
TIME
OF THE ROYAL OF MAP ACT AND LOCAL ORDINANCES APPLICABLE
Ai THE TME Cf A➢PROVAL a<TIE TENTATIVE MAP HAVE BEEN L011PLIED YAM.
DATE
PRESIDENT
NOTARY ACKNOWLEDGMENT LEGAL DESCRIPTION:
LOT 51 OF EGGERS COLONY.IN THE CITY OTY F FRESNO,COUNOF FRESNO,STATE OF CAUFORNA,ACCORDING TO ME MAP THEREOF
STATE OF CALIFORNIA RECORDED IN BOOK 4 PAGE BO OF PUTS,FRESNO COUNTY RECORDS.
COUNTY Of SCOTT L NOZIER,PE 5H17 DATE
LICENSE EXPIRES 12-51-2015
CH BEFORE NF ON ENGINEER
NOTARY PUBUL,PERSCMWLY APPFARm CONSULTING LAND SURVEYORS STATEMENT
WHO PROVIDED TO ME ON TER.'BASIS OF SATISFACTORY EVIDENCE TO THE PERSON(S)WHOSE
NAW(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
W/SHE/TERY EXECUTED INE SHIRE IN Hb/HER/THEIR AUTHORIZED CAPAC[NIMS),AND THAT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND NAT I AM SATISFIED
BY MS/I071MER SVM7URES(S)ON TME INSTRUMENT,THE PERSON(5),OR FINNY UPON tHAT ME MAP IS TECHNICALLY CORRECT.
BEHAF OF WHICH THE PERSakS)ACTED,EXECUTED THE INSTRUMENT. ACTING FOR THE CITY OF FRESNO:
I CEATIFY UNDER PV14LTY OF PERJURY UNDER ME LAWS OF INE SIAM OF CALIFORNIA THAT 8 IR.CHURCH k FLYNN COJSULTNG ENGINEERS
THE FOREONNG PARACIWH IS TRUE AND CORRECT. THIS PROPERTY IS SUBJECT TO THE FOLLOWING; 451 CLOMS AVENUE,SUITE 200.CLOMS,CA 83812
WRAESS MY WIND 1.RIGHTS OF WAY FOR DITCHES,12 FEET NIDE ALONG ME EASTERLY LINES OF SAID LOTS RUNNING PARALLEL WITH AND WEST OF
DIMDING UNE OF SECTION 23,TOWNSHIP 13 SOUTH,RANGE 21 EAST,AS RESERVED ON TIE MAP OF EGGERS COLONY REFERRED TO BY:
SIGNATUREHEREIN. HIMAWAN BRASALI.LS 78011 DATE
2.AN EASEMENT OVER SAID LAND FOR CA ALS AND BRANCHES AND INCIDENTAL PURPOSES,AS GRANTED GEORGE HARRIS.IN DEED LICENSE EXPIRES 12-31-2013
: RECORDED AUGUST O4,1873.AS BOOK J OF DEEDS,PACE 25,OFTIOAL RECORDS.THE EXACT LOCATION AND EXTENT OF SMD
MY CONMSSlNI IXPRESNY OOMM55KIN NO
PRINCIPLE PUCE OF BUSNE55 COUNTY EASEMENT IS NOT DISCLOSED OF RECORD.
3.AN EASEMENT OVER SAID LAND FOR CANALS AND ENBANKMENTS AND INCIDENTAL PURPOSES,AS GRANTED FRESNO CANAL AND PLANNING COMMISSION CMFICATE
NOTARY ACKNOWLEDGMENT IRRIGATION COMPANY,IN DEED RECORDED AUGUST 13.1873.AS BOOK J OF DEEDS,PACE 36.OFFICIAL RECORDS INE EXACT
LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. BY TIE DEED RECORDED MAY 17.1921,IN BOOK 107 AT I HEREBY CERTIFY NAT I HAYS EXAMINED MIS MAP,THAT TIE SUBDIVISION
STATE OF CAUFORNA PAGE 1 OF OFF!IAL RECORDS,INSTRUMENT NO.20302.SAID EASEMENT WAS CONVEYED TO THE FRESNO IRRIGATION DISTRICT. SHOWN CONFORMS TO AND IS IN COMPLIANCE WITH THE APPROVED TENTATIVE
COUNTY OF 4.SAID LAND LIES WITHIN ME BWNOARIES OF TIE FRESNO METROPOUTAN FLOOD CONTROL DISTRICT AND IS SUBJECT TO THE MAP AND AHE REOVIREMENTS IMPOSED BY ME FRESNO CITY PLANNING
POTENTIAL PAYMENT OF DRAINAGE FEES AND/OR THE PEWLBEMENT OF CONSTRUCTION OF DRAINAGE FACILITIES AS A CONDITION OF COMMISSION AS A CONDITION TO THE ACCEPTANCE OF TIE FINAL MAP.
ON BEFORE ME BELLOPMENT,RECONSTRUCTION,AWITONS OR AI.TERATONS ASSOCIATED WITH SAID LAND.
NOTARY PUBLIC,PERSONALLY THE APPEARED
IFHO PROVIDED TO ME ON 84515 OF S4T5WHO
FACTORY EVIDENCE.TO THE PERSON(S) SE 5.A SUBDIVISION AGREEMENT FOR THE FINAL MAP OF TRACT NO.5447,PHASE 2 OF VESING TENTATIVE MAP NO.5447,RECORDED
WMRE(S)5/ME SUBSCRIBED TO THE WIBIW INSTRUMENT AND ACKNOWLEDGED TO ME THAT AS DOCUMENT N0. FRESNO COUNTY RECORDS.
HE/SHEIMNY EXECUTED THE SAME IN HGIHER/MER NITHORIZED CAPACRY(IES),AND THAT O,STATEMENT OF COVENANTS AFFECTNG LAND DEVELOPMENT FOR TIE MAINTENANCE OF CERTAIN IMPROVEMENTS FOR TIE FINAL MAP KEITH BERGMOLD DAM
BY MS/HER/TNEIR SIWfARMS(S)ON TIE INSTRUMENT,ME PERSOWS),OR ENRTY UPON OF TRACT NO.5447.PHASE 2 OF VESTNG TENTATIVE MAP NO.5447,RECORDED AS DOCUMENT SECRETARY OF ME FRESNO ON PLANNING COMMISSION
GDO F OF MEN ME PERSON(S)ACTED,EXECUTED ME INSTRUMENT. NO. FRESNO COUNTY RECORDS.
I CERTIFY UNDER PENALTY OF PERJURY UNDER ME LAWS OF ME STATE OF CMJFORNA THAT 7.STATEMENT OF COVENANTS AFFECTING LOUD DEVELOPMENT PROMDINC SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS CRY CLERK'S CERWICATE
ME FOREGOING PARAGRAPH 5 TRUE AND CORRECT WITHIN TRACT NO.5447,PHASE 2 OF VESTING TENTATIVE MAP NO.5447,RECORDED AS
DOCUMENT NO. FRESNO COUNTY RECORDS
WIRE55 MY N.VID
1 HEREBY CERRFY THAT ME COUNCIL N ME CITY OF RR£SNO,BY RESOLUION NO,
B.STATEMENT OF COVENANTS AFFECTING LANG DEVELOPMENT PROVIDING FOR SANITARY SEWER CAPACITY IN TE FOWLER AVENUE AOBEHAL ON APPROVED
SIC.WMRE TRUNK SEWER AND DETERRINGEFI PAYMENT OF INTERIM FEE SURETY TO THE TME N ISSUANCE OF P NO,5 4 OF OCCUPANCY AND THE MTIHN MAF AND OR DIVCD BI BEHALF R T!U PUBLIC ALL PARCELS I UNE AS
I Noy CREATION OF LIEN FOR D FINAL MAP N TRACT N0,5447,PEASE 2 OF VESTING TENTATIVE MOP NO.5447,RECORDED EASEMENTS OFFERED FOR TION.ICN FOP OWD USE RINDONMENITY TOf SE TERMS
AS DOCUMENT ND, FRESNO COUNTY RECORDS. OF ME NEER N VUCCAId(AND OT SNOFN N T ABANDONMENT NT N'MOST PUBLIC
MY COMMISSION EXPIRES: MY COMWISSON NO - STREETS AND/OR PUBLIC EASEMENTS HOT SHONH ON THE YAP AND NOTED AS ABANDONED
PRINCIPLE PIAC£OF 81/SIESS COUNTY 9.STATEMENT OF COVENANTS AFFECTING LOUD DEVELOPMENT DEFERRING CERTAIN SEWER CONNECTION CHARGES,WATER CONNECTION BY ME FILING OF ME MAP.
CHARGES,URBAN GROWTH MANAGEMENT FEES,ON WOE FEES AND DEVELOPMENT FEES TO ME TIME OF ISSUANCE OF CERTECATE
NOTARY ACKNOWLEDGMENT OF OCCUPANCY AND CREATION OF UEN FOR ME FINAL MAP OF TRACT NO.5447,PHASE 2 OF WSING TENTATIVE MAP NO.5447, NOWIC SPE,CE.CMC
RECORDED AS DOCUMENT NO. FRESNO COUNTY RECORDS. ON CLERK
STATE OF CALIFORNIA 10.STATEMENT OF COVENANTS AFFIXING LAND DEVELOPMENT ACKNOWLEDGING RICHT-TO-FARM LAW FOR TRACT NO,SH7,PHASE 2
COUNTY OF BF STING TENTATVE MAP NO.5447,RECORDED AS DOCUMENT NO-
COUNTY COUNTY RECORDS. BY
DEPUTY DATE
ONBEFORE ME 11.EARLY CONSTRUCION AGREEMENT FOR SEWER,WATER ANO STORM DRAIN IMPROVEMENTS FOR TRACT MAP NO.5447,RECORDED
NOTARY PUBLIC.PERSDI[Y APPEARED DECEMBER 19.2012,AS DOCUMENT NO.2012-18.3320.FRESNO COUNTY RECORDS. RECORDER'S CERnnCATE
Who PROVIDED TD ME ON TIE 8455 OF SATISFACTORY EVIDENCE TO THE PERSON(S)WHOSE
NAMES)IS/ARE SUBSCRIBED TO TE WTRM1N 96MVU VT AND ACKNOWLEDGED TO MF THAT
HE/SHE/MEW EXECUTED THE SAME IN HIS/HER/MER AUTHOMZED CAPACm(IES).AND MAT DOCUMENT No. NTIF f
BY MS/NER/THEIR SGNMTURES(5)ON TE fNSTRUMENT,ME PERSON(5),OR ENTRY Um' FRED THIS_MY OF ,201_,AT_.M.IN WLUME
UDAIF DF WHICH THE PERSON(S)ACTED,EXECUTED ME INSTRUMENT.
OF PU1S AT PAGES AT ME REQUEST Of MICHAEL R.MARTIN.
I CERTIFY UNDER PENALTY OF PERJURY UNDER ME LAWS OF ME STATE OF CAIFORNA TUT
THE FOREGOING PAR40RA H 5 TRUE AND CORRECT, MESNO COUNTY RECORDS
WITNESS YY{WN PAUL DIMS,C.P.A.RECORDER N�r�sFlmr
SIGNATIRF v =.-I
MY oomoss XN EAPRES MY COMM530FN NO DEPUTY Quad IV 10 T AR
PRO&IPLE PLACE OF COUNTY
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FINAL MAP OF
TRACT NO. 5447
PHASE 2 OF VESTING TENTATIVE MAP NO.5447
A PLANNED DEVELOPMENT
BEINGA RESUBDIVISIONOFLOT51 OFTHE
MAP OF EGGERS COLONY
RECORDED IN VOLUME 4 OP PLATS,AT PAGE 60
FRESNO COUNTYRECORDS
IN THE CITY OF FRESNO,COUNTY OF FRESNO,STATE OF CALIFORNIA
SURVEYED AND PLATTED IN JULY 2012 ETY OUAD KNOPF INC.
M1 CONSISTINGOF 4 SHEETS
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VOLUME 74 OF PLATS THEREFROM
AT PAGES 25-32,F.C.R. (R2) RECORD DATA PER MAP OF TRACT NO 5231.
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CALIfORNA,PLS 6619,FICISH IN TOWNSHIP IJ SOUTH,RANGE 21 FAST VOLUME?OF PUTS,AT PACE 40 F.C.R. 23_13 2.CORNER FALLS ON MANHOLE,
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C.R.7850. CUT X ON MANHOLE AND SET 2'OFFSETS,
VERIFIED WIT DISTANCES TO SECTIONAL
CORNERS ONE-HALF MILE N.,5.,AND W.
AND ONE REMAINING PE PER C.R.5542
BASIS OF BEARINGS
ME 81515 OF BEARINGS FOR THIS SURVEY IS ME SOUTH
LINE OF THE SOUMAEST QUARTER OF SECTION 23,
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FINAL MAP OF
TRACT NO. 5447
DE mow• TRACT No,5237 PHASE 2 OF VESTING TENTATIVE MAP NO.5447
VOLUME 74 OF PLATS,
AT PACES 25-32,F.C.R. A PLANNED DEVELOPMENT
201 202 209 204 205 ! 206 201 208 m210 211 BEING A RESUBDIVISION OF LOT 5I OF THE
lD.AND ACCEPTED IS 2931 TAD IN f (58841.11"E i35t.15'
td+CRCTE.AS PANT ON LINE PER a7 sB9'n•Irt us1.1s•� MAP OFfiGGERS COLONY
RECORDED IN VOLUME 4 OF PLATS,AT PAGE 60
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M1 00 1221.15- FRESNO COUNTY RECORDS
SEE OCINI'A• Ya a 17 IN THE CITY OF FRESNO,COUNTY OF FRESNO,STATE OF CALIFORNIA
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LEGENDSHEET 3 OF 4
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pg ! ' - C8 '"!�_ __60-COr -6Q_�___ _ 0���__ =__ ___ao�,4___________ ____ OF.C.R. MICIAL IRESNO COUNTY RECORDS
J
i i
�- _ _ _ __________ _ L.E. LANDSCAPE CASEMENT NOW OFFERED FOR
80
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ATION
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i t NBr4elew �. m _ W W SUB"DON
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v B;aO' � 28 v a 3s' as' 110.00' N�1•B3: LI, N4v4J'oaw 23e2 cs E'0.1 5000 30.00
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__________ ________ ____________ __� �YCLOPER wSiMLEO REQUIRED IUPR04£MEMS.
4700 43.85
_ _____1__ 1_ RI N 'DO'0 CIS
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___ ___________________________________________ 1)36'1]• 40.00 12.51
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1 11'31 tO.W 7.18
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r0'EASEMENT GROUTED TO P.C6C. VXUME 2 OF RATS,AT PAGE 40 FCR. RECOR000.IDLY 16,1889 N BOOK 98 OF THE BASS Or BEMWLS FOR 7f8$SUMEY IS THE SOU7N
1 , OX-E.,No 1W6-0089018, OCCOS AT PAGE 48,TCR. UK OF THE SODNIWEST DUARRR OF SECTION 23.
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,MM'OF TRACT NO,5915 RECORDED IN WLIIME Quad Knopf
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RECORDS.
LAP19ject1\2004\04683\ACAD\F-I W9p\P-1 1\04683-FN-5447.M.9 3/6/2013 7-47 AN PST SHEET 3 0F 4
FINAL MAP OF
TRACT NO. 5447
TRACT N55277 PHASE 2 OF VESTING TENTATIVE MAP NO.5447
VOLUME 74 OF PLATS, 10.-0 ACCEPTED I'-PIPE
T GLCR LS 29L PER R1,PWREO A A PLANNED DEVELOPMENT
AT PAGES 25-52,F.C.R. TACCED CONCRETE cOLUR IRJR2, MC woA PIPE
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RECORDED IN VOLUME 4 OF PLATS,AT PAGE 60
00000 6000' 60.00' woo, 60.00' W..00' 60.00'• 60.00' 60.00' a0.D, 6000' 65.00' 'I A�/I �7!\ FRESNO COUNTYRECORDS
1211.15 tr
27.00' 7.00•'1 IN THE CITY OF FRESNO,COUNTY OF FRESNO.STATE OF CALIFORNIA
n r n n n n n n n
10 9 8 7 6 $ 4 SURVEYED AND PLATTED IN JULY 2012 BY QUAD KNOPF INC.
12 $ 11 ^= "'= ^ _ _ _ _ 3 _ 2 _ 1 ' i -•� CONSISTING OF 4 SHEETS
SHEET 4 or 4
p
I _I i LEGEND
_____ _ I__ _________ ____ _^___ ___ ______ __ __________ __________ ____ __ __T.____ _ ME C STREET ESNEUFNR OOONAEM
1 j 1 2J E TR OOA 10 FCR. FRESNO COUNTY RECORDS
__.49.00___ ___BDRY _ 6➢JXIT31994' 524QGA096P,9Qfb200 �QD'j _ 13.4)_7 0 RECORDED SEPTENSER 29.2005 AS OF.CR. OFFICIAL FRESNO COUNTY RECORDS
nw EAST FOUNTAIN WAY
�--MI..N' SAI � COCTIUNLT NO 1005-OIb40T,OR EG LE LANDSCAPE EASEMENT NOW OFFERED FOR
�-NBff16'JB W 1091.91' �'w `I
DEDICATION FOR PUBLIC USE
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-195.10' - '•' 195.40' - ''I`` 19510' - PX PEDESTRIAN EASEMENT NOW OFFERED FOR
l� O 9 �� DCOICADW FOR PUBLIC USE
...._.....y........___9,:.9 _ r.._...__..._:...._. T............. ----- ____ ______________________ ____ 11' 94 P.P.UE. PLANTING AND PUBLIC UTILITY EASEMENT NOW
i i 1 : OFFERED FOR DEDICATION FOR PUBLIC USE
... W r
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w ♦ - 27' MOW,RECORDED IN W(UMC♦Or F INDICATES AREA NOW OFFERED FOR DEDICATION
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n 1' I 72 __ ¢ RECORDED IN VOLUME 71 Of PLATS Al PAC{
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/'P A; v .0 N8ff IT m3 w 189'16'JBw F'Pl�;U` w m IO9.tI' ^ rvaff16'JBW / i 1 SCALE:1'=60' PLS 4714 ON LOT UNE AS SNOAN At JOY OFTSET FROM
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40
I NOTES: LB W4'1678w 17.40 c24 43.00 3017
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I. SET J/4'BY JO'Xidl PPE,6-BELOW SURFACE, L9 N15'I3'22F 17.40 C25 47.00 206!
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2 URLDIS A'AVD•B'ARE HEREBY DEDICATED IN FEE C2947.00 40.00
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.J..............__.....�..__...._____._..._._._...._..._....._...._.�._......_._.l.._ I otwl - L.vLosarE MRvous.wal[cr TD cIn AccEPrAA¢F or G)T 17.00 4740
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-- ____ ........................... _. _ ..__ _ RAD `ABLE 43 Do 3071
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I, J)7,_________�_______ __ y __ _______ __________________ _____'t__J RAGN,�BCARNG CJS T'I'4' ♦7.00 214W
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-N99'01'ISw T91,4B'- Rw 1 SJA16' R6 : I' w Cm i 700 3071
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____1__________________________________________ __________________________________________.rte_____-___-_ J� ____�._..____ RB 1 1'IW CM IJTS'S8' 4100 1003
R a EAST SHIELDS AVENUE �® Jam. ( R' N49'')16T Gag 5r,6'57* 47.00 47.10
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R N9446'Jew IJz1.Or __J�___ ',
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__ 160'CAiSi.R/W_ ___________ _ ------ 41 4'T' 4 00 1)94
EAP Ol SECIDN I6 ` ____ ____ _____ ___ ___ _ _ ___ ISOUTH O�rECER C0 tEl?S�I__ 1 eor J BASIS OF BEAEINOS C45 1 ♦Ja0 Izn
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RAMSHP i]SOUTH,RANGE 21 CAST Jo•PUPUC FMD EASEMEM GRANTED i0 MANHOLE,CMR
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0 JULY -IAL
RECO7DE16,1889 N BOOK 98 OF TO SECTIONAL CORNERS ONEF UXE 1 VOLUNt 2 OF PUTS,AT PAGE 10 FGR. LINE OF ME SWDnSEST WAFTER Or SECTION 23,
DEEDS AT PAGE 4$FCR N.S,AHD W.0 ONE REMNHWG RE! TOWNSNW 13 SOUM,RANGE 21 CAST MdNr DARIO SASE m
PER C.R 3542 AND MEPodML SHOWN AS N89
ORM '46'38•WEST ON THE
FINAL NAP OF IRACT,O.SKIS RECORDED•IN N-C-__ Quad Knopf
OFCOUNTYPLATS AT PACES------_,FRESNO COUNTY
FECDa9s.
LnPr•ojeees�2001�016B3�A[Ap\F+wl nnp�Pnose 1 01663-FH-3117tl.g 3/6/2013 -D.,AN PST SHEET 4 OF 4
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City of
Planning & Development Department
2600 Fresno Street-Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX(559)498-1012
August 29, 2006 Please reply to:
David Braun
(559)621-8038
Woodside Homes
7675 North Ingram Avenue, #104
Fresno, CA 93711
SUBJECT: FINALACTION BYTHE FRESNO CITYCOUNCIL REGARDING REZONE APPLICATION
NO. R-05-06 LOCATED ON THE NORTH SIDE OF EAST SHIELDS AVENUE BETWEEN
NORTH LOCAN AND NORTH TEMPERANCE AVENUES (APN: 310-270-01)
At is regular scheduled meeting on July 18, 2006, the Fresno City Council took the following actions
regarding the above-referenced application:
1. Approved the environmental finding of Environmental Assessment No. R-05-06lT-5447/C-0543
dated January 11, 2006, that the project conforms to the provisions of the 2025 Fresno General
Plan Master Environmental Impact Report(MSIR No. 10130).
2. Approved Rezone Application No. R-05-06 requesting to rezone approximately 35 acres of
property from the R-A/UGM (Single Family Residential-Agricultural/Urban Growth Management)
zone district to the R-1/UGM(Single Family Residential District/Urban Growth Management)zone
district.
On February 22, 2006, the City of Fresno Planning Commission approved the following:
1. Approved Vesting Tentative Tract Map No. 5447/UGM requesting to subdivide approximately 35
acres of property into a 194-lot, single family residential planned development subdivision.
2. Approved Conditional Use Permit Application No. C-05-43 proposing a planned development,
which includes reduced lot sizes for the proposed 194-lots of Vesting Tentative Tract Map No.
5447/UGM.
Enclosed is a copy of the Planning Commission Resolutions and City Council Ordinance Bill adopted for
the rezone and conditional use permit applications and tentative tract map.
If you have any questions regarding these items please contact me at the number listed above.
Sincerely,
CANNING DIVISION
)�0,1,4 ��
David Braun, Planner III
Enclosures: Planning Commission Resolution Nos. 12414 [Tract], 12415 [CUP]
City Council Ordinance Bill No. 2006-98
Cc: Quad Knopf
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12414
The Fresno City Planning Commission at its regular meeting on February 22, 2006, adopted the
following resolution pursuant to the Subdivision Map Act of the Government Code of the State of
California and the Municipal Code of the City of Fresno.
WHEREAS, a Vesting Tentative Map of Tract No. 5447/UGM was filed with the City of Fresno and
proposes a 194-lot single-family residential planned development subdivision on 34.93 acres of land
located on the north side of East Shields Avenue between North Temperance and North Locan
Avenues; and,
WHEREAS, the Planning and Development Department staff recommended approval of the proposed
project subject to all conditions of approval contained in the staff report dated February 22, 2006; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on February 22, 2006,
to review the proposed subdivision and considered the staff report and invited testimony and reviewed
the requested subdivision in accordance with the policies of the McLane Community Plan and the
2025 Fresno General Plan.
NOW, THEREFORE, BE IT RESOLVED, that the Fresno City Planning Commission hereby finds and
determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract
Map No. 5447/UGM may have a significant effect on the environment as identified by the Finding of
Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130)
dated January 11, 2006, prepared for Environmental Assessment No. R-05-06/C-05-431T-5447.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of
Vesting Tentative Tract Map No. 54471UGM is consistent with the adopted 2025 Fresno General Plan
and McLane Community Plan and the findings required pursuant to Section 66410 et. seq. of the
California Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting
Tentative Tract Map No. 54471UGM subject to the Planning and Development Department Conditions
of Approval dated February 22, 2006, and the following modifications to those conditions:
1. Conditions No. 68 is modified as follows:
Vacate all the existing streets within the proposed map, with the exception of North Janice
Avenue
2. Condition No. 72 is modified as follows:
Dedicate 62 feet of property (7 foot residential pattern/20 foot travel lane/8 foot median/ 20
foot travel lane/7 foot residential pattern) and provide medians for traffic calming purposes
at the intersections of Shields Avenue/Janice Avenue and Shields Avenue/Applegate
Avenue.
The foregoing Resolution was adopted by the Fresno City Planning Commissibn upon a motion by
Commissioner Holt, seconded by Commissioner Cherry.
Planning Commission Resolution No. 12414
Vesting Tentative Tract Map No. 5447/UGM
February 22, 2006
Page 2
VOTING: Ayes - Holt, Cherry, DiBuduo, Torossian, Vang, Vasquez
Noes - None
Not Voting - None
Absent - Kissler
DATED: February 22, 2006 NICKY INO, Secretary
Fresno Cit tanning Commission
Resolution No. 12414
Vesting Tentative Tract Map No. 5447/UGM
Filed by Woodside Homes
Action: Approve
DEB Iel AKWaster Files-Tract Maps1T-54471PC Reso 12414-T-5447
r•
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12415
The Fresno City Planning Commission, at its regular meeting on February 22, 2006, adopted the following
resolution relating to Conditional Use Permit Application No. C-05-43.
CONDITIONAL USE REQUESTED: 194-lot single family residential planned development subdivision
with modified lot sizes and building setbacks.
PROPERTY LOCATION: 310-270-01
PROPOERTY DESCRIPTION: North side of East Shields Avenue between North Locan and
North Temperance Avenues
EXISTING/PROPOSED ZONING: R-A/UGM (Single Family Residential-Agricultural/Urban
Growth Management)zone district to the R-11UGM(Single Family
Residential/Urban Growth Management)zone district
WHEREAS, the Fresno City Planning Commission during its February 22, 2006 meeting, reviewed and
considered the subject conditional use permit application relative to the staff report and the Finding of
Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)
dated January 11, 2006, issued for the project.
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and
determines that there is no substantial evidence in the record to indicate that Conditional Use Permit No. C-
05-43 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025
Fresno General Plan Master Environmental Impact Report (MEIR No. 10130)dated January 11, 2006.
BE IT FURTHER RESOLVED, that the Fresno City Planning Commission, as a result of its inspections,
investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has
established that approval of the special permit would be in accordance with applicable provisions of the
Fresno Municipal Code, including the determination that all findings have been made relative to the
issuance of a conditional use permit for the proposed project.
BE IT FURTHER RESOLVED that Conditional Use Permit Application No. C-05-43 is approved, subject
to the following conditions, incorporated in said conditional use permit file:
1. Development shall take place in substantial conformance with Exhibits A, B-1 thru B-24, E-1 thru E-
36 dated February 22, 2006.
2. Development shall take place in accordance with the Conditions of Approval for Conditional Use
Permit Application No. C-05-43 dated February 22, 2006.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Holt, seconded by Commissioner Cherry.
VOTING: Ayes - Halt, Cherry, Dibuduo,Torossian, Vang, Vasquez
Noes - None
Not Voting - None
Absent - Kissler
Planning Commission Resolution No. 12415
Conditional Use Permit No. C-05-43
February 22, 2006
Page 2
DATED: February 22, 2006 NICK . VINO, Secretary
Fresno C y Planning Commission
Resolution No. 12415
Conditional Use Permit No. C-05-43
Filed by Woodside Homes
Action: Approve
KAMASTER FILES-TRACT MAPSITRACT 544718-05-06/C-05-43 PC RESO.DOC
Recording Requested by.
City Clerk, Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk, Fresno
Space above this line reserved for Fresno County Recorder's Office
ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO
PROPOSED AND INITIATED BY
MOVED BY Westerlund SECONDED BY Dages
BILL NO. B-101
ORDINANCE NO. 2006-98
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING
THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE
ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE
FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE
CITY OF FRESNO
WHEREAS, Rezone Application No. R-05-06 has been filed by Woodside Homes, property
owner, with the City of Fresno to rezone property as described hereinbelow; and,
WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the
Planning Commission of the City of Fresno held a public hearing on the 22nd day of February, 2006, to
consider Rezone Application No. R-05-06 and related Environmental Assessment No. R-05-06/C-05-431
T-5447, during which the Commission recommended to the Council of the City of Fresno approval of the
subject environmental assessment and rezone application amending the City's Zoning Ordinance on
real property described hereinbelow from the R-A/UGM (Single Family Residential-AgriculturallUrban
Growth Management) to the R-11UGM (Single Family ResidentiallUrban Growth Management) zone
district; and,
WHEREAS, the Council of the City of Fresno, on the 18th day of July, 2006, received the
recommendation of the Planning Commission.
pia B Io,`n
Ordinance Amending Officiai—.jne Map
Rezone Application No. R-05-06
February 22, 2006
.Page 2
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS
FOLLOWS:
SECTION 1. Based upon the testimony and information presented at the hearing and upon
review and consideration of the environmental documentation provided, the adoption of the proposed
rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own
independent judgment that there is no substantial evidence in the record that the rezoning may have a
significant effect on the environment as identified by the Finding of Environmental Conformity to the
2025 Fresno General Plan Master Environmental Impact Report (MSIR No. 10130) dated January 11,
2006, prepared for Environmental Assessment No. R-05-06/C-05-43/T-5447. Accordingly,
Environmental Assessment No. R-05-06/C-05-43/T-5447 is hereby approved.
SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the
existing medium density residential land use designation of the 2025 Fresno General Plan and McLane
Community Plan.
SECTION 3. The Council finds that the zone district of the real property described hereinbelow,
located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified
from the R-A/UGM (Single Family Residential AgriculturaUUrban Growth Management) to the R-1/UGM
(Single Family ResidentiaUUrban Growth Management)zone district:
Lots 50 and 51 of Eggers Colony, in the City of Fresno, County of Fresno, State of Califomia,
according to the map thereof recorded in book 4 page 60 of plats, Fresno County Records
SECTION 4. This ordinance shall become effective and-in full force and effect at 12:01 a.m. on
the thirty-first day after its passage.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
1, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing
ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held
on the 18th day of July , 2006, by the following vote:
Ayes: Calhoun, Dages, Sterling, Westerlund, Duncan
Noes: Boyaj ian
Absent: Ferea
Abstain: None
REBECCA E. KLISCH
City Clerk
By '� '
APPROVED AS TO FORM:
JAMES C. SAN EZ
City ey
B A•�
Y
Deputy
Rezone Application No. R-05-06
Filed by Woodside Homes.
Assessor's Parcel No. 312-270-01
DEBAelAMCommon\Tract maps T-5447\REZONEIR-05-06,T-544T-CC OrdBill
a"Fry�� �� REPORT TO THE PLANNING COMMISSION
AGENDA ITEM NO.
COMMISSION MEETING
February 22, 2006 APPROVED BY
FROM: STAFF, Planning Division
Planning and Development Department DEPARTMENT DIRECTOR
SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-06, VESTING
TENTATIVE TRACT MAP NO. 54471UGM, CONDITIONAL USE PERMIT
APPLICATION NO. C-05-43 AND ENVIRONMENTAL FINDING FOR
ENVIRONMENTAL ASSESSMENT NO. R-05-06/T-5427/C-05-43
MODIFICATIONS TO CONDITIONS OF APPROVAL
Staff recommends the following modification to the conditions of approval of Vesting Tentative Tract Map
No. 5447/UGM:
1. Conditions No. 68 is modified as follows:
Vacate all the existing streets within the proposed map, with the exception of North Janice Avenue
2. Condition No. 72 is modified as follows:
Dedicate 62 feet of property (7 foot residential pattern120 foot travel lane/8 foot median/ 20 foot
travel lanel7 foot residential pattern} and provide medians for traffic calming purposes at the
intersections of Shields Avenue/Janice Avenue and Shields Avenue/Applegate Avenue .
RECOMMENDATION
Staff recommends approval of the following modification to the conditions of approval for Vesting Tentative
Tract Map No. 5447/UGM.
SACWMaster Files Tract Maps1R-04-92,T-5447-Amended Conditions
aty Of REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. zx-c
COMMISSION MEETING 2/22/06
February 22, 2006 APPROVED BY
FROM: STAFF, Planning Division
Planning and Development Department DEPARTMENT oh
c
SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-06, VESTING
TENTATIVE TRACT MAP NO. 5447/UGM, CONDITIONAL USE PERMIT
APPLICATION NO. C-05-43 AND ENVIRONMENTAL FINDING FOR
ENVIRONMENTAL ASSESSMENT NO. R-05-06/T-54471C-05-43
EXECUTIVE SUMMARY
Rezone Application No. R-05-06 proposes to change the zone district from the R-A/UGM (Single Family
Residential AgriculturaUUrban Growth Management) zone district to the R-1/UGM (Single Family
Residential/Urban Growth Management) zone district for approximately.34.93 acres (net) of property
located on the north side of East Shields Avenue between North Temperance and North Locan
Avenues. The applicant, Woodside Homes, has also filed Vesting Tentative Tract Map No. 5447/UGM
proposing to subdivide the subject property into a 199-lot single family residential subdivision at an
overall density of 5.7 units per acre. Conditional Use Permit Application No. C-05-43 proposes to
develop the project as a planned development with reduced lot sizes and building setbacks and
common open space. The applications would bring the subject property into conformance with
the 2025 Fresno General Plan and the McLane Community Plan. The rezone and conditional use
permit applications and subdivision map are supported by staff.
PROJECT INFORMATION
PROJECT A 199-lot single-family residential planned development subdivision
on 34.93 acres (net) of property to be developed at an overall
density of 5.7 dwelling units per acre
APPLICANT Woodside Homes(Engineer: Quad Knopf)
LOCATION North side of East Shields Avenue between North Locan and North
Temperance Avenues
(Council District 4,CouncilmemberWesterlund)
SITE SIZE 34.93 acres (net)
LAND USE Existing - Vacant
Proposed - Single Family Residential
ZONING Existing - R-A/UGM (Single Family Residential Agricultural/Urban
Growth Management)
Proposed - R-1/UGM (Single Family Residential/Urban Growth
Management)
PLAN DESIGNATION The proposed R-1/UGM zone district and 199-lot single family
AND CONSISTENCY residential subdivision is consistent with the 2025 Fresno General
Plan and McLane Community Plan designation of the site for
medium density residential planned land uses
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-05-06
Conditional Use Permit No. C-05-43
Vesting Tentative Tract Map No. 54471t1GM
February 22, 2006
Page 2
ENVIRONMENTAL FINDING Finding of Conformity to the 2025 Fresno General Plan Master
Environmental Impact Report (MSIR) No. 10130 dated January 11,
2006
PLAN COMMITTEE The subject property is located within the boundaries of the McLane
RECOMMENDATION Community Plan. The Central Eastern Implementation Committee,
was recently formed for the McLane Community Plan area, however,
it was formed after the date of acceptance of the map.
STAFF RECOMMENDATION Recommend approval of rezone application and approve vesting
tentative tract map and conditional use permit subject to compliance
with the Conditions of Approval for T-54471UGM dated February 22,
2006 and Conditions of Approval for C-05-43 dated February 22,
2006.
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
R-11UGM
(Single Family Vacant
North Medium Density Residential Residential/Urban Growth (Future Single Family
Management) Residential)
Vacant Agricultural Land
Medium Low Density Residential AE-20(County of Fresno) (Tentative Tract Map No.5592
South Elementary School Exclusive Twenty Acre is scheduled to be heard by
Agricultural the Planning Commission on
Neighborhood Park Feb. 22,2006
AE-20(County of Fresno)
East Not in city sphere of influence Exclusive Twenty Acre Agricultural—vacant
Agricultural
R-11UGM Vacant
West Medium Density Residential (Single Family (Future single family
Residential/Urban Growth residential)
Mana ement
ENVIRONMENTAL FINDING
An environmental assessment initial study was prepared for this project in accordance with the
requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included
the distribution of requests for comment from other responsible or affected agencies and interested
organizations. The proposed project has been determined to be fully within the scope of MSIR No.
10130 as provided by the California Environmental Quality Act (CEQA), as codified in the Public
Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been
further determined that all applicable mitigation measures of MSIR No. 10130 have been applied to the
project, together with project specific mitigation measures necessary to assure that the project will not
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-05-06
Conditional Use Permit No. C-05-43
Vesting Tentative Tract Map No. 54471UGM
February 22, 2006
Page 3
cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant
effects beyond those identified by MSIR No. 10130 as provided by CEQA Section 15178(a). Therefore,
staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan
Master Environmental Impact Report (MEIR No. 10130) dated January 11, 2006, which incorporates a
MEIR Mitigation Monitoring Checklist. This environmental finding was properly published on January
12, 2006, with no comments received.
BACKGROUND IANALYSIS
The applicant, Woodside Homes, has filed Rezone Application No. R-05-06, Conditional Use Permit
Application No. C-05-43 and Vesting Tentative Tract Map No. 5447/UGM for approximately 34.93 (net)
acres of property located on the north side of East Shields Avenue between North Temperance and
North Locan Avenues . The rezone application proposes to reclassify the subject property from the R-
A/UGM (Single Family Residential - AgriculturallUrban Growth Management) zone district to the R-
1/UGM (Single Family ResidentiallUrban Growth Management) zone district. Vesting Tentative Tract
Map No. 5447/UGM proposes to subdivide the 34.93-acre site into a 199-lot single family residential
planned development subdivision at an overall density of 5.7 dwelling units per acre. Conditional Use
Permit Application No. C-05-43 proposes to allow for the development of the subdivision as a planned
development with modified building setbacks and lot sizes.
On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno
General Plan which also adopted the McLane Community Plan. The McLane Community Plan
designates the subject property for medium (4.99-10.37 dwelling units per acre) density residential land
uses. The applicant wishes to pursue development of the subject property with 999 single family
homes. The requested R-1/UGM (Single Family ResidentiallUrban Growth Management) zone district
is considered consistent with the medium density residential land use designation. Furthermore, the
proposed development with a density of 5.7 dwelling units per acre demonstrates that the project site
will be developed within the overall density of dwelling units anticipated by the 2025 Fresno General
Plan and McLane Community Plan.
Conditional Use Permit Application No. C-05-43
Conditional Use Permit Application No. C-04-43 was filed in conjunction with Vesting Tentative Tract
Map No. 5447 to allow the subdivision to be developed as a 199-lot planned development with public
streets. The lots range in size from 4,250 to over 12,000 square feet with the majority of the lots being
between 5,000 and 7,000 square feet. The conditional use permit provides for the modification of the
rear and front yard setback standards of the R-1 zone district and the establishment of site and building
design criteria.
The R-1 zone district development standards, Fresno Municipal Code (FMC), Section 12-211, specify a
minimum lot area requirement of 6,000 square feet. The district standards also specify a minimum front
yard of 20 feet, a rear yard of 20 feet and a side yard of 5 feet. However, the planned development
conditional use permit provisions of FMC Section 12-306-N-21 allow for the modification of these
standards with the approval of a unified design and development plan. This special permit application
proposes to modify the development standards to allow for a minimum front yard of 15 feet and rear
yard of 15 feet. The lots will all maintain a minimum five foot side yard on both sides of the unit. All lots
are proposed to maintain the maximum building height requirements of the R-1 zone district.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-05-06
Conditional Use Permit No. C-05-43
Vesting Tentative Tract Map No. 54471UGM
February 22, 2006
Page 4
The planned development helps meet several of the goals of the 2025 Fresno General Plan. One of
these goals, Goal Number 5 of the 2025 Fresno General Plan indicates that the city supports the
"Landscape of Choice-Principles and Strategies" as defined in Appendix A. Appendix A of the 2025
Fresno General Plan provides guiding principles for the Land Use Element of the 2025 Fresno General
Plan by promoting development that utilizes urban land use as efficiently as possible. One such
objective, Land Use/Residential Objective C-10, is aimed at Promoting the development of more
compact, pedestrian friendly, single-family residential projects to aid in the conservation of resources
such as land, energy, and material." Since this project allows for the development of more compact
single-family residences, it will help to accomplish this objective. in short, the proposed project is
different from conventional subdivisions given that it provides shared open space and smaller lot sizes
leading to a unique sense of community that is not commonly found in conventional single family
developments.
Staff supports this proposed planned development subject to the project providing common open space,
a pedestrian accessway to North Temperance Avenue, enhanced landscaping/surface materials/fencing
treatments at the major street entryways and traffic calming measures on internal local streets.
Subdivision Design/Streets and Access Points
This subdivision is proposed to have two access points to East Shields Avenue and one access point to
North Locan Avenue. The subdivision also proposes a street connection to the approved subdivision to
the north (Tentative Tract No. 5237). The Public Works Department, Transportation Planning Section
has reviewed the rezone application, conditional use permit and tentative tract map. Public Works staff
has determined that the streets adjacent to and near the subject site will be able to accommodate the
quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of
East Shields, North Locan and North Temperance Avenues to their ultimate planned width.
Landscaping/Open Space/Walls
Given that the proposed subdivision abuts planned collector and arterial streets, the developer will be
required to install 15 feet of landscaping along East Shields (arterial) and North Locan Avenues
(collector). In addition, the applicant will be required to install a solid wall at the rear of the required
landscape setback, which will mitigate the adverse effect of noise generated by vehicles traveling on the
adjacent major streets.
The proposed subdivision abuts a planned expressway street (Temperance Avenue). In order to meet
the Expressway Area (EA) zone district standards, the developer is required to install 26 feet of
landscaping along North Temperance Avenue. It is noted that there is a requirement for a pedestrian
accessway from the subdivision to Temperance Avenue to allow for pedestrian access from the
subdivision to the multi-purpose trail on the west side of North Temperance Avenue.
In addition, the applicant will be required to install a solid wall at the rear of the required landscape
setback, which will mitigate the adverse effect of noise generated by vehicles traveling on the adjacent
major street. The wall along Temperance and Shields Avenues shall be designed in accordance with
the acoustical analysis prepared by Brown-Buntin Associates dated February 1, 2005, which addresses
the noise impacts resulting from vehicle traffic on Temperance and Shields Avenues in this area.
Staff is also requiring the project to provide additional landscaping and wrap-around walls at the entry
points of the subdivision from the adjacent major streets, improving the visual image. Furthermore, the
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-05-06
Conditional Use Permit No. C-05-43
Vesting Tentative Tract Map No. 5447/UGM
February 22, 2006
Page 5
project will be required to incorporate a walkway of a minimum of 23 feet which will connect this
subdivision with North Temperance Avenue thus allowing residents living in the subdivision to access
the multi-purpose trail on the west side of North Temperance Avenue and the future park site on the
southeast comer of North Temperance and East Shields Avenues. The pedestrian walkway will help
meet several of the goals of the 2025 Fresno General Plan, including Goal No. 10 which states that we
(i.e. the City along with developers) "provide quality open space, park and recreational facilities..." and
also Policy F-3-i which states that "the location of park and recreation sites should be central and
accessible to the population served, while preserving the integrity of the surrounding neighborhood."
McLane Community Plan
The subject property is located within the boundaries of the McLane Community Plan. The Central
Eastern Implementation Committee recently formed a committee for the McLane Community Pian area,
however it was formed after the date of acceptance of the map.
Public Services
Water Resources and Public Water Supply
The Water Division of the Department of Public Utilities has determined that there is an adequate source
of water available to serve the project with the implementation of the UGM service delivery requirements
and environmental impact mitigation measures. The nearest presently available water service line is
located in Shields Avenue at Armstrong Avenue.
The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent flood control
service is available for this project upon construction of required facilities.
Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental
Impact Report No. 10130, the Water Resources Management Plan, and the mitigation measures
identified by the project environmental assessment/inidal study will provide an adequate, reliable and
sustainable water supply for the project's urban domestic and public safety consumptive purposes.
Sewage Collection System Capacity
The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis Regional
Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity was expanded to
accommodate up to 80 million gallons per day, and was upgraded with modernized equipment to
safeguard against equipment failures. However, in an attempt to serve the anticipated 790,000
metropolitan area population for the year 2025, one or more sub-regional treatment and reclamation
facilities will be required.
While the proposed project may presently be accommodated by the Fowler Avenue Trunk Sewer,
previous public facility and environmental analyses have projected that the Fowler Avenue Trunk Sewer
does not have sufficient design capacity to accommodate the sewage flows that could be generated by
full development of the McLane Community Plan area and the Southeast Growth Area.
To address this concern, the City of Fresno is pursuing several options to increase sewage collection
and treatment capacity for the eastern portion of the metropolitan area. The North Avenue Trunk Sewer
has been constructed to serve the easterly and southerly areas and supplement the other trunk sewers'
capacity to accommodate development of the east and southeast areas. The City of Fresno has
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-05-06
Conditional Use Permit No.C-0543
Vesting Tentative Tract Map No.5447/UGM
February 22, 2006
Page 6
negotiated a temporary exchange of sewer capacity with the City of Clovis for its Fowler trunk sewer
capacity. This temporary exchange of capacity is conditioned upon Fresno replacing capacity
exchanged in the Fowler trunk sewer with capacity in future facilities to be determined. Necessary and
appropriate fees to provide for the replacement of said Fowler trunk capacity exchange have not yet
been adopted by the City Council. Mitigation measures and tract map conditions of approval will include
a requirement that the developer pay an "Interim Fee Surety." Any amount paid above and beyond the
required fee surety shall be refunded once the fee has been adopted.
Clovis Unified School District
The project site is served by the Clovis Unified School District and is within the attendance boundaries
of Temperance-Kutner Elementary School (North Armstrong and East Olive Avenues), Reybum
Intermediate School and Clovis East High School. Reybum Intermediate School and Clovis East High
School are both located in the Reagan Educational Complex which is bound by East Ashlan, East
Gettysburg, North Locan and North DeWotf Avenues.
Because of the rapid growth occurring within the district's boundaries, the school district has advised the
city that future adjustments of school attendance areas could occur such that students residing in the
proposed project will attend an elementary school other than Temperance-Kutner and that students may
attend more than one elementary school during their elementary school years. Furthermore, the school
district has adopted development fees in accordance with current state law and currently levies a
development fee based on square footage, which the project site will be subject to at the time of
development.
Circulation Element Plan Policies and Major Street System Traffic Capacity
The 2025 Fresno General Plan designates North Locan Avenue as a collector street, with an 84-foot
right-of-way width and East Shields Avenue as an arterial street, with a 110-foot right-of-way width and
North Temperance Avenue as an expressway street, which typically requires a minimum 124-foot right-
of-way. The applicant will be required to dedicate and construct improvements on East Shields, North
Locan and North Temperance Avenues. Other improvements include the construction of curb, gutter,
sidewalk, and transition paving within the limits of the tract, construction of an underground street
lighting system; and relinquishment of access rights to North Temperance, North Locan and East
Shields Avenues for all residential lots adjacent to these major street frontages. These street
improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5447/UGM Conditions
of Approval dated February 22, 2006.
A Traffic Impact Study (TIS) was prepared for the proposed project by Peters Engineering Group dated
November 16, 2004. The traffic study analyzed a 240-Int single family residential planned development
subdivision on the 34.93-acre project site which was the project proposed on the subject property at that
time. That project was expected to generate an average of 2,328 vehicle trips per day (VTD), which
includes 182 a.m. and 243 p.m. peak hour trips.
The traffic study analyzed the intersections of East Dakota and North Temperance Avenues, East
Shields and North Armstrong Avenues, East Clinton and North Temperance Avenues, East McKinley
and North Temperance Avenues and East Shields and North Temperance Avenues. In addition, the
study analyzed the project's impact on the State Route 180 Interchanges with Chestnut Avenue and
Fowler Avenue and the State Route 168 Interchange with McKinley Avenue.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-05-06
Conditional Use Permit No. C-05-43
Vesting Tentative Tract Map No. 54471UGM
February 22, 2006
Page 7
An important goal is to maintain acceptable levels of service along the highway and street network. To
accomplish this, local agencies adopt minimum levels of service (LOS) in an attempt to control
congestion that may result as new development occurs. Caltrans' minimum LOS is C except where
prohibitive, according to information specified in Caltrans' A Guide For Traffic Impact Studies. The City
of Fresno's minimum LOS design standard is LOS D. Traffic impacts are considered to occur whenever
the LOS exceeds D on the City street system, or C on the State highway system
The results of the study determined that all intersections that were analyzed are operating at acceptable
levels of service at this time, with the exception of the westbound approach to the intersection of Shields
and Temperance Avenues which is currently operating at a LOS E during the a.m. peak hour. In
addition, the study projected that all intersections and road segments will continue to operate at an
acceptable level of service in the year 2025, with the eventual signalization and widening of the
intersections to City standards. This assumption is based on the recommendation that all studied
intersections along Temperance Avenue be designed with dual left turn lanes on each approach. The
study also required the installation of a traffic signal at the intersection of Shields and Temperance
Avenues.
Because the immediately surrounding properties are not developed, the planned major street and
intersection improvements have not yet been completed as required by adopted plans, policies and
development standards. However, the proposed project as well as other urban land uses developed as
planned by the 2025 Fresno General Plan will be required to construct the planned major street system
consistent with the public facility and service delivery requirements of the Urban Growth Management
Program. In addition, the developer of this project, in accordance with the mitigation measures of
Master Environmental Impact Report (No. 90130) certified by the Council with the adoption of the 2025
Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major
street intersections.
State Department of Transportation (Caltrans)
The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations
has commented that the project is not expected to create significant impacts to the State Highway
System.
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 2025 Fresno
General Plan and the McLane Community Plan designates the site for medium density residential
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-05-06
Conditional Use Permit No. C-05-43
Vesting Tentative Tract Map No.54471UGM
February 22, 2006
Page 8
land uses and the project design meets the density and zoning ordinance criteria for development
in these plan designations.
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 insure that the
subdivision conforms with City health and safety standards.
5. The proposed subdivision design will not conflict with public easements within or through the site,
because conditions of approval will assure noninterference with any existing or proposed public
easements.
6. The design of the subdivision provides, to the extent feasible, for future passive and natural
heating or cooling opportunities in the subdivision, because of the appropriate use and placement
of landscaping plant materials and because of the orientation of the proposed lots.
The subdivision map, subject to the recommended conditions of approval, complies with the design and
property development standards of the Zoning Ordinance and local Subdivision Ordinance.
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 92.405-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,
�' )M
rjnding a The subject site has an adequate amount of space to meet all applicable requirements of the
Code and as established in the Special Permit conditions of approval dated February 22, 2006,
including yards, spaces, walls and fences, parking, landscaping and other required features.
y,:jj':�n....C.. y., G:: �.:...ti. 'x....� -!.- '..•'_.--':.n✓. .S. :h.v ,.F,.: wC.t._ t ..•}'.. :Y... - :Av 7.
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,
REPORT TO THE PLANNING COMMISSION
Rezone Application No.R-05-06
Conditional Use Permit No. C-05-43
Vesting Tentative Tract Map No. 54471UGM
February 22, 2006
Page 9
k 7hdrng b ;a Staff from the Public Works Department, Transportation Planning Section has determined that
the proposed development can be accommodated by the adjacent streets and the proposed
project will be conditioned upon improvement of the adjacent major streets to their ultimate
width.
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.
Frndihd cw The staff of the Planning and Development Department has determined that the proposed use
t 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
conditions/requirements established through the related tentative tract map application review
K; and conditional use permit application review process.
Action by the Planning Commission regarding the rezone application will be a recommendation to the
City Council. Planning Commission action on the proposed tentative tract map and conditional use
permit, unless appealed to the Council, is final.
CONCLUSION I 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 McLane 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. 54471UGM is appropriate for the project site, subject to the
conditions listed below. Therefore, staff recommends that the Planning Commission:
1. RECOMMEND APPROVAL of the environmental finding for Environmental Assessment
No. R-05-061C-05-43fT-5447 dated January 11, 2006 that the project proposal conforms to the
provisions of the 2025 Fresno General Plan Master Environmental impact Report (ME1R
No. 10130).
2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-05-06 which
proposes to rezone the project site from the R-AIUGM (Single Family Residential-
Agricultural/Urban Growth Management) zone district to the R-11UGM (Single Family
ResidentiaUUrban Growth Management)zone district.
3. APPROVE Vesting Tentative Tract Map No. 54471UGM subject to compliance with the Conditions
of Approval dated February 22, 2006.
4. APPROVE Conditional Use Permit Application No. C-05-43 subject to compliance with the
Conditions of Approval and Exhibits A, B-1 thru B-24, E-1 thru E-36 dated February 22, 2006.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-05-06
Conditional Use Permit No. C-05-43
Vesting Tentative Tract Map No. 5447/UGM
February 22, 2006
Page 10
Attachments: Vicinity Map
Aerial Photo
Exhibit A, Vesting Tentative Tract Map No. 5447/UGM dated August 26, 2005
Exhibit B, Building Elevations
Exhibit C, Floor Plans
Exhibit D, Letter from Caltrans dated February 16, 2006
Conditions of Approval for T-5447/UGM dated February 22, 2006
Conditions of Approval for C-05-43 dated February 22, 2006
Environmental Assessment No. R-05-06/C-05-43/T-5447, Finding of Conformity to the
2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10 130)
dated January 11, 2006
DEB:Iet:UC:Waster Files-Tract MapslTract 5447 Dave Braun (R-05-06&C-05-43)\R-05-06,C-05.43,T-5447 PC Rpt 2-22-06.doc
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FEB.16.2006 4:17PM . CAL TRANS PLANNING
9
[TATE F CAUEpRNTA—RI ISINEcR,11LANVM )N ANn 11GUSING AGSKVY ARti1v10:a JAR7E 3r '
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE
P.O.BOX 12616 Exhibit D
FRESNO,CA 93778-2616
PHONE (559)445-6666 Plaz yourpawrr!
FAX (559)488-4088 Be cnvv effIcilmd
TTY (559)488-4066
February 16,2006
2131-10R/CEQA
6-FRE-130-65.5+/-
C-05-43,R-05-06&T-5447
PLEASANT VALLEY
INVESTMENTS LLC
Mr.Dave Braun
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr.Braun:
We have reviewed the use permit, rrzone,reap and traffic study for the proposed single family
project located on the north side of East Shields between North Temperance and North Locan
Avenues. We understand from City staff that the project now includes 199 single-family
residential lots,down from 256. Caltrans has the following comments:
This letter supersedes our letter of June I,2005.
Caltrans has determined that trips generated from this development will impact the State Route
(SR) 180 interchanges at Fowler and Temperance Avenues. The TIS did not conduct an
operational analysis of the two interchanges;however,the study did provide a select zone trace
of the project's trips to these two locations. The trace indicated that the development would
likely have a modest impact to State facilities.
The Freeway 180 extension has been delayed due to a lack of funds. This delay could mean that
the extension will not be construction until 2012,possibly longer if there are additional funding
shortfalls.
The City should consider a transit alternative for this project. There is sufficient residential
development in this area of Fresno 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 record for this project and that a copy
of our Ietter be included in the staff reports for both the City Council and the Planning
'Caltrom"mp"Yv mobility acru=Caljfarnia"
r t_tl.lb-Gbbb 4:1'ePM CAL TRANS PLANNING
N0.429 P.2/3
Mr. Dave Braun
February 16,2006
Page 2
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,
D '
MOSES STUES
Office of Transportation planning
District 6
Enclosure
C: Mr. John Rowland,P.E.,Peters Engineering
Ms. Barbara Goodwin, Executive Director,Council of Fresno County Governments
"Callmm Improves mobility wrois Cajific";a"
CITY OF FRESNO
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
CONDITIONS OF APPROVAL
February 22, 2006
(Revised June 06, 2012)
VESTING TENTATIVE TRACT MAP NO. 5447/UGM
"A PLANNED DEVELOPMENT"
North side of East Shields Avenue between North Locan and North Temperance 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 166020(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 Revised Vesting Tentative Tract Map No. 5447/UGM en#itled
"E ", dated August 26 2May 23, 2012,the subdivider may prepare a Final Map in
accordance with the approved tentative map. Related Rezone Application No. R-05-06 shall
be approved by the City Council to become effective prior to Final Map approval.
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
Revised Vesting Tentative Tract Map No. 5447/UGM
February 22 2006
June 06, 2012
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 service,
sewering, 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 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.
10. Relinquish access rights to North Locan Avenue, North Temperance Avenue and East Shields
Avenue from all residential lots which abut these streets. Ref. Section 12-1011-f-3 of the
Fresno Municipal Code.
11. Prior to final map approval, the owner of the subject property shall execute a "Right to Farm"
covenant with the City of Fresno.Said covenant is to run with the land and shall acknowledge
and agree that the subject property is in or near agricultural districts located in the County of
Fresno and that the residents of said property should be prepared to accept the
inconveniences and discomfort associated with normal farm activities. The "Right to Farm"
covenant shall be recorded prior to or concurrent with the recording of the Final Map of
Tentative Tract No. 5447/UGM.
Landscaping and Walls
12. Provide a 26-foot landscaped easement(and irrigation system)along the rear property line of
all lots which back-onto North Temperance Avenue. Provide a 15-foot landscaped easement
(and irrigation system)along the side or rear property lines of all lots which side-onto or back-
onto East Shields Avenue and North Locan Avenue. Ref. Section 12-1011-f-3 of the Fresno
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
February 22, 2006
June 06, 2012
Page 3
Municipal Code. 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.
13. Maintenance of the required easements and/or common open space areas within the
subdivision ateng North TernperaRGe, East Shields and-North Lesan "tee: may be the
responsibility of the City's Community Facilities District No. 2 subject to approval by the Public
Works Department. Contact the Public Works Department, Engineering Services Division,for
information regarding the City's District and comply with the requirements noted in the
memorandum from the Public Works Department, Engineering Services Division,dated June
16,2005. The property owner shall petition the City for annexation to the City's District prior to
Final Map approval.
14. 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. The
developer/subdivider shall execute and record a covenant on each lot providing notice
that the subject property is subject to annual payment of the Community Facilities
District assessment.
15. Should the City Council not approve the annexation of such landscape areas into Community
Facilities District No.2,the property owner/developer shall create a homeowner's association
for the maintenance of the landscape areas. The proposed Declaration of Covenants,
Conditions, and Restrictions (CC&Rs) and the proposed instruments for the 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
owner's association for landscaping and other provisions as stated in the Development
Department Guidelines for preparation of CC&Rs dated daruary- 1, September 01,
1994.
16. 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.
17. Construct a 6-foot high solid masonry wall along the rear or side property lines of all lots which
back onto or side onto North Locan and East Shields Avenues (solid wall to meet the
requirements of Section 12-306-H, Fresno Municipal Code). Construct an 8-foot high solid
masonry wall (or approved combination of solid wall and earth berm)along the rear property
lines of all lots which back onto North Temperance Avenue. These walls as well as additional
flanking walls are required pursuant to the acoustical analysis prepared by Brown and Buntin
Associates dated February 1, 2005. Construction plans for required walls showing
architectural appearance and location of all walls shall be submitted to the Planning and
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
Fehr aFy 22 2006
June 06, 2012
Page 4
Development Department for review prior to Final Map approval.
18. Provide 2-5 percent of the total project area with common passive/active open space
comprised of pocket parks,tot lots,trails,and landscaped areas beyond minimum major street
setbacks. The exact amount of required open space shall be as determined by the Planning
and Development Director.
a) The developer/subdivider shall provide a minimum 5-foot wide landscape strip (and
irrigation system)on the street side yard of Lot 1 of Final Map No. 5447; and, a minimum
8-foot wide landscape strip (and irrigation system) at the end of all other interior blocks
within the Phase I portion of the tract (i.e., Lots 32, 33, 45, 46, 58, 59 of Final Map No.
5447) Furthermore, the developer/subdivider shall provide a minimum 5-foot wide
landscape strip (and irrigation system)at the end of all interior blocks within the Phase II
portion of the tract(i.e., Lots 35, 36, 51, 52, 67, 68, 83, 84 & 99 of Final Map No. 5815).
i) The landscape strip/buffer shall be located adjacent to the"sidewalk pattern"within the
public street rights-of-way and between the adjacent sidewalk and any proposed
fences which may be proposed to be erected on a respective lot. The required
landscape strip shall incorporate street trees to shade the adjacent sidewalks and
landscaping which is compliant with the City of Fresno "Anti-Graffiti" Landscaped
Buffer Development and Planting Standards.
® NOTE: The required landscape strips at the end of interior blocks shall either be
designated as Landscape Easements and incorporated into the Community
Facilities District (if approved by the Public Works Department) pursuant to the
requirements included herein or shall be maintained by the property owner of the
lot on which they are a part.
b) Proposed Outlot"B"of Vesting Tentative Tract Map No. 5447/UGM shall be dedicated and
utilized for common open space purposes.
19. The major street entryways shall contain enhanced landscaping and stamped concrete,
paving stones, brick, flagstone, or other contrasting paving material to clearly demarcate the
three intersections to the proposed development. Identify material on Exhibit"A"(of the CUP).
Note that painted lines and/or speed bumps are not acceptable. Said contrasting paving
material are intended to act as traffic calming devices, without providing speed bumps.
a) Provide a minimum 10-foot wide landscape strip(and irrigation system)on the street side
yard of Lot 1 of Final Map No. 5815 and a minimum 8-foot wide landscape strip (and
irrigation system) on the street side yard of Lot 24 of Final Map No. 5815.
20. Traffic calming measures including bulb-outs, roundabouts, contrasting pavement treatment
and varied street alignments and lengths shall be provided on the internal local streets.
21. Provide a minimum 23-foot wide pedestrian accessway between North Hansen Avenue and
North Temperance Avenue.
a) Proposed Outlot"A"of Vesting Tentative Tract Map No.5447/UGM shall be dedicated and
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
Febrr aFy 22 2006
June 06, 2012
Page 5
utilized for common open space/pedestrian paseo purposes.
Building Setbacks
22. Building setbacks shall be in accordance with Exhibit"A"of Conditional Use Permit Application
No. C-05-43.
Information
23. Prior to the issuance of building permits for the subdivision, school construction fees shall be
paid to the Clovis Unified School District in accordance with the school district's adopted
schedule of fees. Comply with the attached memorandum from the Clovis Unified School
District dated June 1, 2005.
24. Contact the United States Postal Service, Fresno Office,for the location and type of mailboxes
to be installed in this subdivision.
25. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the
subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose
reasonable conditions relating to the filing of multiple Final Maps"any multiple final maps filed
by the subdivider on this tract shall fully and independently conform to all provisions of Fresno
Municipal Code Chapter 12, Article 10, Subdivision of Real Property.
26. 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.
27. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
28. 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 Sheriffs Department). If remains or other archaeological
material is possibly Native American in origin, the Native American Heritage Commission
(phone number 916-653-4082) shall be immediately contacted, and the California
Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number:
805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An
archaeological assessment shall be conducted for the project, the site shall be formally
recorded, and recommendations made to the City as to any further site investigation or site
avoidance/preservation measures.
29. 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
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
February 22 2006
June 06, 2012
Page 6
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.
30. Apportionment of Special Assessment: If, as part of this subdivision,a division will be made of
any lot or parcel of land upon which there is an unpaid special assessment levied under any
State or local law, including a division into condominium interest as defined in Section 783 of
the Civil Code, the developer/owner shall file a written application with the City of Fresno
Director of Public Works, requesting apportionment of the unpaid portion of the assessment or
pay off such assessment in full.
If the subdivider elects to apportion the assessment,the application shall contain the following
information:
a. A full description of each assessed lot, parcel or interest to be divided and of how
such lot, parcel or interest will be divided;
b. A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested
apportionment.
The application shall be filed prior to the approval of the Final Map(s)by the City and shall be
accompanied by a fee in an amount specified in the Master Fee Resolution for each separate
lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided.
The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work
responsible for determining the initial assessment in making the requested apportionment.
31. The subdivider shall comply with Regulation VIII of the San Joaquin ValleyAir Quality Pollution
Control District for the control of particulate matter and fugitive dust during construction of this
project.
32. The subdivider shall obtain any and all permits required for the removal or demolition of any
building or structure located within the subdivision boundaries. The developer shall also
obtain any and all permits required for the closure of any septic tank, cesspool, or water well.
All permits shall be obtained prior to commencement of such work in accordance with Chapter
13 of the Fresno Municipal Code.
SOLID WASTE
33. 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 the attached memorandum from the Solid Waste Division dated October 4, 2005.
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
Febr aFy 22 2096
June 06, 2012
Page 7
PARK SERVICE
34. Comply with the attached memorandum from the Department of Public Works dated
September 28, 2005.
Urban Growth Management Requirements
35. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of
final map approval. Fee payment may be deferred until time of building permit issuance in
accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code.
FIRE SERVICE
36. Fire service will be provided by City of Fresno Fire Station No. 10. Provide residential fire
hydrants and fire flows per Public Works Standards with two sources of water.
37. Access is not acceptable as shown. Provide a second point of access for North Hansen
Avenue or fire sprinkler all structures on Lots 2s9-36 23-29 of Final Map No. 5447; unless
otherwise or alternatively approved by the City of Fresno Fire Department. Fire sprinklered
houses require a minimum 1.5 inch water line.
Urban Growth Management Requirements
38. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of
final map approval. Fee payment may be deferred until time of building permit issuance in
accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code.
STREETS AND RIGHTS-OF-WAY
39. The subdivider shall furnish to the city acceptable security to guarantee the construction of the
off-site street improvements in accordance with all applicable provisions of the Fresno
Municipal Code and the State Subdivision Map Act.
40. 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 (i.e.,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. A minimum 6-foot wide sidewalk is required along
Locan, Shields and Temperance Avenues.
41. All of the required street improvements shall be constructed and/or installed in accordance
with the City of Fresno Standard Specifications (2002 Edition).
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
February 22 2006
June 06, 2012
Page 8
42. The subdivider shall install all existing and proposed utility systems underground in
accordance with Fresno Municipal Code Section 12-1011, 8-801 and Resolution
No. 78-522/88-229.
43. The subdivider shall construct an underground street lighting system per Public Works
Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to
Public Works Standards for local streets. Height, type, spacing, etc., of standards and
luminaires shall be in accordance with Resolutions 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.
44. 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 oras directed by
the Engineer.
45. 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.
46. All required signing and striping shall be done and paid for by the developer/owner. Submit
the following plans, as applicable, in a single package to the planning and development
department for review and approval: Street construction, Signing, Striping, Traffic Signal,
Streetlight and Trail Lighting plans.
MAJOR STREETS
North Locan Avenue (Collector):
47. Dedicate 47-55 feet of property from section line for public street purposes,within the limits of
this development to meet the current City of Fresno Collector Standards.
48. Construct concrete curb, gutter and 6-foot wide sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
49. Construct 20 feet of permanent paving (measured from face of curb)within the limits of this
subdivision.
50. Construct an underground street lighting system to Public Works Standard E-1 within the limits
of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for
collector streets.
51. Relinquish direct vehicular access rights to North Locan Avenue from all lots within this
subdivision.
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
Febri aFy 22 2006
June 06, 2012
Page 9
East Shields Avenue (Arterial):
52. Dedicate 55 62 50-57 feet of property from section line for public street purposes, within the
limits of this development to meet the current City of Fresno Arterial Standards. The right-of-
way dedication above 57 feet shall be adjacent to the intersection with Temperance Avenue
for the construction of westbound dual left turns.
53. Construct concrete curb, gutter and 6-foot wide sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
54. Construct 20 feet of permanent paving (measured from face of curb)within the limits of this
subdivision.
55. Construct an 80 foot bus bay curb and gutter at the northwest corner of Locan and Shields
Avenues to Public Works Standard P-73 complete with a 10 foot monolithic sidewalk
56. Construct an underground street lighting system to Public Works Standard E-1 within the limits
of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for
arterial streets.
57. Relinquish direct vehicular access rights to East Shields Avenue from all lots within this
subdivision.
North Temperance Avenue (Expressway)
58. Dedicate 76-78 feet of property from section line for public street purposes,within the limits of
this development to meet the current modified City of Fresno Expressway Standards.
59. Construct concrete curb, gutter and 6-foot wide sidewalk to Public Works Standard P-5. The
parkway shall be constructed to a ten foot pattern.
60. Construct expressway barrier fencing per Public Works Standard P-74 and P-75.
61. Construct 20 feet of permanent pavement within the limits of the tract and transition paving as
necessary.
62. Construct an 80 foot bus bay curb and gutter at the northeast corner of Temperance and
Shields Avenues to Public Works Standard P-73 complete with a 10 foot monolithic sidewalk
63. Construct an underground street lighting system to Public Works Standard E-1 within the limits
of this subdivision. Spacing and design shall conform to Public Works Standard E-10 for
expressway streets.
64. Relinquish direct vehicular access rights to North Temperance Avenue from all lots within this
tract.
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
FebFuary 22, 2006
June 06, 2012
Page 10
INTERIOR STREETS
65. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs,
and underground street lighting systems on all interior local streets to Public Works Standards.
Sidewalk patterns shall comply with Public Works API Standards for 50-foot, 54-foot and
60-foot streets.
66a. Any temporary dead-end streets created by this subdivision shall be properly barricaded in
accordance with Public Works Standard P-44.
66b. Relinquish direct vehicular access rights to North Janice Avenue from all double frontage lots
within the proposed subdivision (i.e., Lots 92-99 of Final Tract Map No. 5815).
a) A minimum 10-foot wide landscape area shall be provided along the North Janice Avenue
frontage of all double frontage lots within the proposed subdivision.
b) Construct a six-foot high solid masonry wall(at finished grade of proposed site),or City of
Fresno approved equivalent 2-ply or double-sided wood fence(in accordance with City of
Fresno Development and Resource Management Department Fence Detail"F-1"), at the
rear of the 10-foot wide landscape area required along the North Janice Avenue frontage
of all double frontage lots within the proposed subdivision.
Specific Requirements
67. The first order of work shall include a minimum of two points of vehicular access to the major
streets for any phase of this development.
68. Vacate all underlying existing streets with the proposed map.
69. Relinquish direct vehicular access rights to the west side of proposed Lot 4-991 and the south
side of proposed Lot 24 and the Rerth side of lamposed Lot 173.of Final Map No. 5815.
70. The intersection of Shields Avenue and Janice Avenue shall be designed with a full median
opening to allow for left turns-in and left turns-out.
71. The intersection of Shields Avenue and Applegate Avenue shall be limited to right-in and right-
outturns.
72. Dedicate a minimum 62 60 feet of property(7 foot residential pattern/2-918 foot travel lane/9
10 foot median/2-918 foot travel lane/7 foot residential pattern)and provide medians for traffic
calming purposes at the intersections of Te.,crr.pc,"uarRGe Shields Avenue with Applegate and
Janice Avenues in accordance with Public Works Standard P-86.
73. Provide a corner cut-off area at the intersections of Applegate Avenue/Shields Avenue,Janice
Avenue/Shields Avenue and Andrews Avenue/Locan Avenue in accordance with Section
12-306-H-3-d of the FMC. Corner cut-offs are established to provide an unobstructed view for
vehicular and pedestrian traffic approaching an intersection. They are a triangular area
formed by the property lines and a diagonal line adjoining points on the property lines,
measured a specific distance from the point of their intersection. At the intersections of
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
FebFwary 22, 2006
June 06, 2012
Page 11
streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an
irrigation system), and may be included within the City's Community Facilities District.
74. The developer shall enter into an agreement with the Fresno Irrigation District(FID)providing
for piping the canals and submit an executed copy of the agreement or commitment letter from
FID to the Planning and Development Department. All piping shall be located outside of the
proposed street right of way. Any piping across city streets shall be rubber gasketed
reinforced concrete pipe constructed perpendicular to the street. Submit engineered plans to
the Public Works Department, Engineering Division for review and approval.
75. Construct transition paving on Shields Avenue,east of Locan Avenue,as necessary, based on
a 50 MPH speed design.
Locan Avenue (Collector)
76. Dedicate and construct two 17-foot center section travel lanes with 250 foot left turn lanes at
all major intersections, within the limits of the subdivision. An additional 6 feet of paving
shall be required adjacent to the 250 foot left turn lanes. Dedication shall be sufficient to
accommodate additional paving and any other grading or transitions as necessary based on a
45 MPH design speed.
77. Design and construct a Major Street Bridge at the intersections of Locan Avenue and the
Gould No. 97 Canal. Public Works will apply this requirement to a minimum of four other
subdivisions with each subdivision being responsible for a fee no greater than 1/5 of the cost
of said bridge. Bridge construction shall occur prior to close out of this subdivision or at such
time that the City Engineer deems it necessary, whichever occurs first.
Urban Growth Management Requirements
78. This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM Fees
Traffic Signal Mitigation Impact Fee
79. Pay Traffic Signal Mitigation Impact Fees at the time of building permit issuance based on the
trip generation rate as set forth in the latest edition of the ITE Generation Manual. The fee
amount is $414.69 per single family unit.
East Shields Avenue (Arterial):
80. Dedicate and construct two 17-foot center section travel lanes and a raised concrete median
island with 250 foot left turn pockets at all major intersections, within the limits of the
subdivision and continuing west to a point 1/4 mile west of Temperance Avenue. Construct
dual left turn lanes at the intersection of Shields and Temperance Avenues. Details of said
street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to
accommodate arterial standards and any other grading or transitions as necessary based on a
55 MPH design speed.
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
Febr�gar„22 2006
June 06, 2012
Page 12
81. Install a signal pole with a 150-watt safety light to Public Works Standards at the northwest
corner of Shields and Locan Avenues.
Temperance Avenue (Expressway):
82. Dedicate and construct two 17-foot center section travel lanes and construct a raised concrete
median with 250 foot left turn pockets at all major intersections within the limits of this
subdivision. Provide dual-left turns at Temperance and Shields Avenues. Dedication shall be
sufficient to accommodate additional paving and any other grading or transitions as necessary
based on a 55 MPH design speed.
83. Design and construct a Major Street Bridge at the intersections of Temperance Avenue and
the Gould No. 97 Canal. Public Works will apply this requirement to a minimum of four other
subdivisions with each subdivision being responsible for a fee no greater than 1/5 of the cost
of said bridge. Bridge construction shall occur prior to close out of this subdivision or at such
time that the City Engineer deems it necessary, whichever occurs first.
84. Signalize the intersection of Temperance and Shields Avenue,complete with actuation,signal
preemption, and left turn phasing.
85. Dedicate and construct transition paving on Temperance Avenue,south of Shields Avenue,as
necessary based on a 55 MPH design speed.
SANITARY SEWER SERVICE
The nearest existing sewer main is a 24-inch sewer main in East Shields Avenue at North Armstrong
Avenue. The following conditions are required to provide sanitary sewer service to the tract.
86. Construct a 24-inch and 18-inch sewer main in East Shields Avenue from North Armstrong
Avenue east to North Temperance Avenue.
87. Construct a 12-inch sewer main in East Shields Avenue from North Temperance Avenue east
to North Locan Avenue.
88. Construct a 12-inch sanitary sewer main in North Temperance Avenue, from East Shields
Avenue north across the project frontage.
89. Construct a 10-inch sanitary sewer main in North Locan Avenue from East Shields Avenue
north across the project frontage.
90. Sanitary sewer main connections shall not be allowed to North Temperance Avenue through
easements.
91. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to
each lot created.
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
Cohrs Hary 22 2906
June 06, 2012
Page 13
92. Separate sewer house branches shall be provided to each lot created within the subdivision.
93. All public sewer facilities shall be constructed in accordance with Public Works Department
standards, specifications, and policies.
94. A preliminary sewer layout shall be prepared by the Developer's Engineer and submitted to the
Department of Public Utilities for review and conceptual approval prior to submittal or
acceptance of the developer's final map and engineered plan and profile improvement drawing
for City review.
95. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for
Department of Public Utilities review and approval for proposed additions to the sanitary sewer
system.
96. Abandon all existing on-site private sanitary sewer systems.
Urban Growth Management Requirements
97. Sewer lateral charges are due and shall be paid for the project.
98. Oversize sewer charges are due and shall be paid for the project
99. Wastewater Facilities Charges are due and shall be paid for the project.
100. The developer shall pay appropriate and reasonable costs as established hereinafter by City
Council for Fowler trunk sewer capacity allocated to this project. The developer shall,for the
interim period, pay a fee of $574 per living unit or living unit equivalent. Once the fee has
been determined, the developer will receive a refund for any fees paid in excess of the
adopted fee. Or, the proposed project shall not be permitted service to the existing Fowler
trunk sewer and must, therefore, construct a separate sewer pipeline from the project to an
approved discharge location with adequate reserve capacity as determined by the City.
WATER SERVICE
There is an existing 16-inch water main in East Shields Avenue at North Armstrong Avenue to serve
the project. The following conditions are required to provide water service to the tract. Water mains
shall be installed before street improvements and paving.
101. Construct a 16-inch water main (including installation of City fire hydrants) in East Shields
Avenue from North Armstrong to North Locan Avenue.
102. Construct a 16-inch water main(including installation of City fire hydrants)in North Temperance
Avenue from East Shields Avenue north across the project frontage.
103. Construct a 14-inch water main (including installation of City fire hydrants) in North Locan
Avenue from East Shields Avenue north across the project frontage
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
FebF yah,22 2006
June 06, 2012
Page 14
104. Water mains(including installation of City fire hydrants)shall be extended within the proposed
tract to provide water service to each lot created.
105. Separate water services with meter boxes shall be provided to each lot created.
106. Two independent sources of water, meeting Federal and State Drinking Water Act Standards,
are required to serve the tract including any subsequent phases thereof. The two-source
requirement may be accomplished through any combination of water main extensions,
construction of supply wells, or other acceptable sources of water supply approved by the
Water Systems Manager.
107. All public water facilities shall be constructed in accordance with City of Fresno standards,
specifications, and policies.
108. Construct a water supply well(s)on a site(s)dedicated to the City of Fresno. The well(s)shall
be capable of producing a flow amount to meet a total demand of 600 gallons per minute,
sufficient to serve peak water demand for the project and for fire suppression purposes,or an
alternative flow amount that is acceptable to the Public Utilities Director and Fire Department
Chief(or their designees). Well sites shall be of a size and at a location acceptable to the
Water Systems Manager. The cost of acquiring the well site and construction of the well shall
be reimbursed from UGM Water Supply Well Service Area Fund 501 s, in accordance with
established UGM policies.
a) Proposed Outlot"C"of Vesting Tentative Tract Map No.5447/UGM shall be dedicated and
utilized for City of Fresno water well site purposes.
109. Water well construction shall include wellhead treatment facilities, if required. The cost of
constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment
Service Area Fund 501 s, in accordance with established UGM policies.
110. Dedicate a water supply and treatment site for installation of an above-ground water storage
and treatment facility that will be installed and/or constructed by the City. The site shall be of
size and at a location acceptable to the Water Systems Manager for such purposes. The cost
of acquiring the site shall be reimbursed from UGM Water Supply Well Service Area 501 s, in
accordance with established UGM policies.
111. Existing on-site wells within the boundaries of the proposed development shall be sealed and
abandoned in compliance with the California Well Standards, Bulletin 74-90 or current
revisions, issued by California Department of Water Resources,and City of Fresno standards.
112. Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the City Water System.
113. Installation of public fire hydrant(s) is required in accordance with City Standards.
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
Fehr pan,22 2006
June 06, 2012
Page 15
Urban Growth Management Requirements
114. Payment of appropriate water connection charges at the time of final map approval subject to
deferral to building permit issuance as appropriate.
115. Payment for installation of wet tie(s), water service(s)and/or meter(s) is required
116. Pay UGM water fees for Water Service Area No. 501 S.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
117. 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.
118. The developer will be responsible for the relocation or reconstruction of any existing
improvements or facilities necessary to construct any of the required UGM improvements.
Right-of-Way Acquisition
119. The developer will be responsible for the acquisition of any necessary right-of-way to construct
any of the required improvements.
120. 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.
121. 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.
122. 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 authorityto 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.
123. 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,
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
FebF aFy 22 2006
June 06, 2012
Page 16
appraisal fees, court costs, and all related expenditures and costs necessary to effect the
acquisition of such easements or rights-of-way.
FLOOD CONTROL AND DRAINAGE
124. The subdivider shall be required to pay any applicable storm drainage fees to comply with
Fresno Municipal Code Chapter 13, Article 13.
125. The subdivider shall be required to comply with the specific requirements imposed by the
Fresno Metropolitan Flood Control District(FMFCD)forthe subdivision or any amendments or
modifications to those requirements,which may be granted by the FMFCD Board of Directors,
pursuant to.Section 13-1307 of the Fresno Municipal Code. These requirements are identified
in the District's letter to the Planning and Development Department dated June 21, 2005.
126. 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
127. The developer/owner shall comply with the requirements in the letter from the San Joaquin
Valley Air Pollution Control District dated June 1, 2005, for Vesting Tentative Tract Map
No. 5447/UGM.
FRESNO IRRIGATION DISTRICT
128. Comply with the attached correspondence from the Fresno Irrigation District dated May 19,
2005.
FRESNO COUNTY HEALTH
129. Comply with the attached correspondence from the Fresno County Department of Community
Health dated May 27, 2005.
PACIFIC GAS AND ELECTRIC (PG & E)
130. Comply with the attached correspondence from the Pacific Gas and Electric Company dated
June 2, 2005.
DEVELOPMENT FEES AND CHARGES
131. This project is subject to the following development fees and charges:
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
FebFuary 22, 2006
June 06, 2012
Page 17
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 $29.00
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE / RATE
g. Metropolitan Flood Control District fee * Contact FMFCD for new fees.
Rates increased March 1, 2004.
SEWER CONNECTION CHARGES FEE RATE
h. Lateral Sewer Charge $0.10/sq. ft. (to 100-foot depth)
i. Oversize Charge $0.05/sq. ft. (to 100-foot depth)
j. Trunk Sewer Charge $344/living unit
Service Area: Fowler
k. Wastewater Facilities Charge $2,119/living unit
I. Copper Avenue Sewer Lift Station Charge n/a
M. Fowler Trunk Sewer Interim Fee Surety $1,000/living unit
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
Conditions of Approval
Revised Vesting Tentative Tract Map No. 5447/UGM
cots ary 22 2006
June 06, 2012
Page 18
r. Transmission Grid Main Charge $643/gross acre
S. Transmission Grid Main Bond Debt
Service Charge $243/gross acre
t. UGM Water Supply Fee $582/living unit
Service Area: 501 S
U. Well Head Treatment Fee $238/living unit
Service Area: 501
V. Recharge Fee $75/living unit
Service Area: 501
W. 1994 Bond Debt Service $244/living unit
Service Area: 501
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 $800/gross acre
Service Area: Undesignated
aa. UGM Park Fee $2392/gross acre
Service Area: 2
bb. Major Street Charge $3161/adj. acre
Service Area: D-1/E-2
cc. Major Street Bridge Charge $304/adj. acre
Service Area: D-1/E-4
dd. UGM Grade Separation Fee n/a
ee. Trunk Sewer Charge n/a
Service Area: Fowler
ff.* Street Acquisition/Construction Charge n/a
DEB:IelAKAMASTER FILES\TRACT MAPS\T-5447-UGM-COA 2-22-06
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
SPECIAL PERMIT
CONDITIONS OF APPROVAL
Conditional Use Permit Application No. C-05-43 F.,t,ruaFy 22, 2006
Revised June 06, 2012
PART A-PROJECT INFORMATION
1. Assessor's Parcel No. 310-270-01
2. Job Address: No address
3. Street Location: North side of East Shields Avenue between North Locan and
North Temperance Avenues
4. Existing/Proposed Zoning: R-A/UGM - R-1/UGM zoning proposed under related Rezone
Application No. R-05-06
5. Zone Map No. 2157
6. Project Description: Development of a 174 4-99-lot single family residential planned
development subdivision with reduced lot widths and setbacks.
PART B -GENERAL CONDITIONS AND REQUIREMENTS
The FreSRE)Gity Planning GeMMiGSieR E)R February 22, 2005,Will GeRsider the speGial peFmit appliGati
subjeGt te the eRGlesed list ef GORditiens and Exhibits A, 6 4 thru B 24 and E 1 thFu E 36 dated February
22 2006
The Development and Resource Management Department, on June 06, 2012, approved the revised
special permit application subject to the enclosed list of conditions and Exhibit(s)"A", "E" &"F"dated May
23, 2012.
This project was subject to the completion of the notice and appeal period for the department's finding that
the proposed project will not have a significant impact on the environment.
A notice of a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report
(MEIR) No. 10130 was published on January 12, 2006, providing any interested party with an appeal
period of 20 days. Notice of the hearing for the special permit was mailed to surrounding property owners
on February 10, 2006.
Building permits will not be issued for this project until the Planning Commission and City Council have
acted on the project.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project may be subject to a variety of discretionary conditions of approval.
Conditions of Approval
Conditional Use Permit No. C-05-43
Cohrs aFy 22 20062
Revised June 06, 2012
Page 2
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 underthe 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.
All discretionary conditions of approval will ultimately be deemed mandatory upon final approval.
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 mayencroach on the
subject property;
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 Planning and
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. Outdoor sales and display areas are not permitted as part of this application. (Include
this note on the site plan.)
Transfer all red line notes, etc., shown on all original revised site plan exhibits dated February 22, `'-moo
May 23, 2012, 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.
Conditions of Approval
Conditional Use Permit No. C-05-43
February 22 2096
Revised June 06, 2012
Page 3
Copies of this final approved site plan, elevations,landscape,and irrigation plans stamped bythe 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 David Braun at 559/621-8038.
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 notice;or,where no notice was previously required under the provisions of Government
Code Section 66020(d)(1) in effect before January 1, 1997.
PART C - PUBLIC IMPROVEMENT& PARKING LOT 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 by the applicant. Requirements which
may not have been addressed due to omission or misrepresentation of information, for which this review
process is dependent, will be imposed whenever such conditions are discovered.
Questions relating to dedications, street improvements or parking lot geometrics may be directed to the
Public Works Department, Transportation Division, David Padilla at 559/621-8798.
1. STREET DEDICATIONS AND ENCROACHMENT PERMITS
Identify all street furniture, e.g. public utility poles and boxes, guy wires, signs, fire hydrants, bus
stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the public
right-of-way. Also, identify the required 4-foot minimum path of travel along the public sidewalk
directly in front of property, as required by the California Administration Code (Title 24). A
pedestrian easement may be required if Title 24 requirements cannot be met.
North Locan Avenue (Collector):
a. Dedicate 47-55 feet of property from section line for public street purposes,within the limits
of this development to meet the current City of Fresno Collector Standards.
Conditions of Approval
Conditional Use Permit No. C-05-43
February 22 2006
Revised June 06, 2012
Page 4
East Shields Avenue (Arterial):
b. Dedicate 55-62 50-57 feet of property from section line for public street purposes,within the
limits of this development to meet the current City of Fresno Arterial Standards. The right-of-
way dedication above 57 feet shall be adjacent to the intersection with Temperance Avenue
for the construction of westbound dual left turns.
North Temperance Avenue (Expressway)
C. Dedicate 76-78 feet of property from section line for public street purposes,within the limits
of this development to meet the current modified City of Fresno Expressway Standards.
The construction of any overhead, surface or sub-surface structures and appurtenances in
the public right-of-way is prohibited unless an encroachment permit is approved bythe Public
Works Department, Engineering Division,Special Districts/Project and Right-of-Way Section,
559/621B8693. Encroachment permits must be approved prior to issuance of building
permits.
2. STREET IMPROVEMENTS
All improvements shall be constructed in accordance with the Standard Specifications and
Standard Drawings of the City of Fresno, Public Works Department or street construction
plans required and approved by the City Engineer. The performance of any work within the
public street rights-of-way(including pedestrian and utility easements) requires a STREET
WORK PERMIT prior to commencement of work. Contact the Public Works Department
Engineering Services Section at 559/621-8686 for detailed information. All required street
improvements must be completed and accepted by the cityrp for to occupancy.
Repair all damaged and/or grade off-site concrete improvements as determined by the
Public Works Department Construction Management Division at 559/621-5500.
North Locan Avenue (Collector):
a. Construct concrete curb,gutter and 6-foot wide sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
b. Construct 20 feet of permanent paving (measured from face of curb)within the limits of this
subdivision.
C. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8
for collector streets.
d. Relinquish direct vehicular access rights to North Locan Avenue from all lots within this
subdivision.
Conditions of Approval
Conditional Use Permit No. C-05-43
FebFyary 22, 2006
Revised June 06, 2012
Page 5
East Shields Avenue (Arterial):
e. Construct concrete curb,gutter and 6-foot wide sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be constructed to a 10-foot residential pattern.
f. Construct 20 feet of permanent paving (measured from face of curb)within the limits of this
subdivision.
g. Construct an 80 foot bus bay curb and gutter at the northwest corner of Locan and Shields
Avenues to Public Works Standard P-73 complete with a 10 foot monolithic sidewalk
h. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7
for arterial streets.
i. Relinquish direct vehicular access rights to East Shields Avenue from all lots within this
subdivision.
North Temperance Avenue (Expressway)
j. Construct concrete curb,gutter and 6-foot wide sidewalk to Public Works Standard P-5. The
parkway shall be constructed to a ten foot pattern.
k. Construct expressway barrier fencing per Public Works Standard P-74 and P-75.
I. Construct 20 feet of permanent pavement within the limits of the tract and transition paving
as necessary.
m. Construct an 80 foot bus bay curb and gutter at the northeast corner of Temperance and
Shields Avenues to Public Works Standard P-73 complete with a 10 foot monolithic
sidewalk.
n. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard E-10
for expressway streets.
o. Relinquish direct vehicular access rights to North Temperance Avenue from all lots within
this tract.
INTERIOR STREETS
p. Design and construct all curb,gutter,sidewalk(both sides), permanent paving,cul-de-sacs,
and underground street lighting systems on all interior local streets to Public Works
Standards. Sidewalk patterns shall comply with Public Works API Standards for 50-foot and
54-foot streets.
q. Any temporary dead-end streets created by this subdivision shall be properly barricaded in
accordance with Public Works Standard P-44.
Conditions of Approval
Conditional Use Permit No. C-05-43
FebF ary 22 2006
Revised June 06, 2012
Page 6
r. Relinquish direct vehicular access rights to North Janice Avenue from all double frontage lots
within the proposed subdivision (i.e., Lots 92-99 of Final Tract Map No. 5815).
a) A minimum 10-foot wide landscape area shall be provided along the North Janice
Avenue frontage of all double frontage lots within the proposed subdivision.
b) Construct a six-foot high solid masonry wall(at finished grade of proposed site),or City of
Fresno approved equivalent 2-ply or double-sided wood fence(in accordance with City of
Fresno Development and Resource Management Department Fence Detail"F-1"),at the
rear of the 10-foot wide landscape area required along the North Janice Avenue frontage
of all double frontage lots within the proposed subdivision.
3. SPECIFIC REQUIREMENTS
a. The first order of work shall include a minimum of two points of vehicular access to the major
streets for any phase of this development.
b. Vacate all underlying existing streets with the proposed map.
C. Relinquish direct vehicular access rights to the west side of proposed Lot 4-W 1 and the
south side of proposed Lot 24 and the Rerth side ef pFeposed Let 173 of Final Map No.5815.
d. The intersection of Shields Avenue and Janice Avenue shall be designed with a full median
opening to allow for left turns-in and left turns-out.
e. The intersection of Shields Avenue and Applegate Avenue shall be limited to right-in and
right-out turns.
f. Dedicate a minimum 62 60 feet of property(7 foot residential pattern/2-918 foot travel lane/9
10 foot median/ 29 18 foot travel lane/7 foot residential pattern) and provide medians for
traffic calming purposes at the intersections of Tl,.v,nve Shields Avenue with Applegate
and Janice Avenues in accordance with Public Works Standard P-86.
g. Provide a corner cut-off area at the intersections of Applegate Avenue/Shields Avenue,
Janice Avenue/Shields Avenue and Andrews Avenue/Locan Avenue in accordance with
Section 12-306-H-3-d of the FMC. Corner cut-offs are established to provide an
unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are
a triangular area formed by the property lines and a diagonal line adjoining points on the
property lines, measured a specific distance from the point of their intersection. At the
intersections of streets,this distance is 30 feet. The corner cut-off area shall be landscaped
(including an irrigation system), and may be included within the City's Community Facilities
District.
4. SEWER CONNECTION CHARGES
The following Sewer Connection Charges are due and shall be paid for this project.
a. Sewer Lateral Charge
Conditions of Approval
Conditional Use Permit No. C-05-43
Cohrs aFy 22 2096
Revised June 06, 2012
Page 7
b. Oversize Sewer Charge
C. Trunk Sewer Charge: Fowler
d. Wastewater Facilities Charge (Residential Only)
5. WATER CONNECTION CHARGES
The following Water Charges are due and shall be paid for this Project:
a. Payment for installation of water service(s) and/or meter(s) is required.
b. Water connection Charges are due and shall be paid by the developer/owner.
6. IRRIGATION DITCH/CANAL REQUIREMENTS
The developer shall enter into an agreement with the Fresno Irrigation District(FID) providing for
piping the canals and submit an executed copy of the agreement or commitment letter from FID to
the Planning and Development Department. All piping shall be located outside of the proposed
street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete
pipe constructed perpendicular to the street. Submit engineered plans to the Public Works
Department, Engineering Division for review and approval.
7. URBAN GROWTH MANAGEMENT (UGM) REQUIREMENTS AND FEES
Submittal of engineered construction plans to Public Works for approval must be maderp for to
issuance of building permits. Contact David Padilla at 559/621-8798 or Greg Jenness at
559/621-8812 for questions regarding the UGM construction requirements.
a. This tentative tract map is in UGM major street zone D-1/E-2; therefore will be required to
pay all applicable UGM fees.
b. Applicable UGM Fees for this project are detailed in the conditions of approval for Vesting
Tentative Tract Map No. 5447/UGM.
East Shields Avenue (Arterial):
C. Dedicate and construct two 17-foot center section travel lanes and a raised concrete median
island with 250 foot left turn pockets at all major intersections, within the limits of the
subdivision and continuing west to a point 1/4 mile west of Temperance Avenue. Construct
dual left turn lanes at the intersection of Shields and Temperance Avenues. Details of said
street shall be depicted on the approved tentative tract map. Dedication shall be sufficientto
accommodate arterial standards and any other grading or transitions as necessary based on
a 55 MPH design speed.
d. Install a signal pole with a 150-watt safety light to Public Works Standards at the northwest
corner of Shields and Locan Avenues.
Conditions of Approval
Conditional Use Permit No. C-05-43
February 22 2006
Revised June 06, 2012
Page 8
Temperance Avenue (Expressway):
e. Dedicate and construct two 17-foot center section travel lanes and construct a raised
concrete median with 250 foot left turn pockets at all major intersections within the limits of
this subdivision. Provide dual-left turns at Temperance and Shields Avenues. Dedication
shall be sufficient to accommodate additional paving and any other grading or transitions as
necessary based on a 55 MPH design speed.
f. Design and construct a Major Street Bridge at the intersections of Temperance Avenue and
the Gould No.97 Canal. Public Works will apply this requirement to a minimum of four other
subdivisions with each subdivision being responsible for a fee no greater than 1/5 of the cost
of said bridge. Bridge construction shall occur prior to closeout of this subdivision or at such
time that the City Engineer deems it necessary, whichever occurs first.
g. Signalize the intersection of Temperance and Shields Avenue, complete with actuation,
signal preemption, and left turn phasing.
h. Dedicate and construct transition paving on Temperance Avenue,south of Shields Avenue,
as necessary based on a 55 MPH design speed.
PART D - PLANNING/ZONING REQUIREMENTS
PLANNING
1. Development is subject to, and consistent with, the following plans and policies:
• 2025 Fresno General Plan
• McLane Community Plan
ZONING
2. Existing zoning is R-A/UGM; development is proposed in accordance with the R-1/UGM zoning
requested under related Rezone Application No. R-05-06. Approval of this special permit is
subject to approval of the zone district amendment and compliance with any conditions of zoning
approval.
BUILDING HEIGHT
3.
are loss than 30 feet in height
No building or structure erected in the R-1 (Single Family Residential)zone district shall have a
height greater 35 feet.
® NOTE: Exceptions. Over height structures may be approved by the City of Fresno
Planning Commission or Director of the Development and Resource Management
Department. However, no roof structure or any space above the height limit shall
Conditions of Approval
Conditional Use Permit No. C-05-43
February 22 2006
Revised June 06, 2012
Page 9
be allowed for the purpose of providing additional living or floor space.
a) No accessory building erected on the subject property shat l have a height greater than one
story, not to exceed 12 feet in height. All accessory buildings on the subject property are
subject to the provisions of Section 12-306-N-1 (Accessory Buildings) of the FMC.
BUILDING SETBACK OPEN SPACES AND LANDSCAPING
4. Setbacks shall be in accordance with Exhibit "A" dated February 22, 0�v May 23, 2012. Front
and rear yard building setbacks shall be a minimum of 15 feet.
5. Provide the following minimum landscaped areas:
a. Provide a 15-foot landscape easement(and irrigation system)along the property lines of all
lots which back-onto or side-onto East Shields and North Locan Avenues.
b. Provide a 26-foot landscape easement(and irrigation system)along the property lines of all
lots which back-onto or side-onto North Temperance Avenues.
C. Provide landscaping within required landscape strips and common open space areas in
accordance with the Conditions of Approval dated June 06, 2012 for Revised Vesting
Tentative Tract Map No. 5447/UGM.
6. Median Island Landscaping: None Required.
7. Provide one medium size tree for each 60 feet of street frontage or one per lot whichever is greater.
Trees shall be planted as required in order to shade and enhance adjacent property and public
rights-of-way. Refer to the attached"Performance Standards for Parking Lot Shading,"for the tree list
and further details.
NOTE: One medium sized tree is defined as attaining a height of 30-60 feet at maturity. Two small
trees, up to 30-feet high at maturity may be substituted for one medium sized tree.
8. Trees shall be maintained in good health. However,trees may not be trimmed or pruned to reduce
the natural height or overall crown of the tree, except as necessary for the health of the tree and
public safety; or as may otherwise be approved by the Planning and Development Department.
(Put this note on the site and landscape plans.)
9. Submit six copies of landscaping and irrigation plans prepared by a landscape professional,
showing the number and types of trees,to the Planning Division. These plans must be reviewed
and approved prior to obtaining building permits.
10. Landscaping in the front yard must be in place before issuance of the certificate of occupancy.
(Include this note on the site plan and landscape plan.)
11. Prior to final inspection, a written certification, signed by a landscape professional approved by
the Director, shall be submitted stating that the required landscaping and irrigation system was
installed in accordance with the landscaping and irrigation plans approved by the Planning
Division, Development Department. (Include this note on the site plan.) A certification form is
Conditions of Approval
Conditional Use Permit No. C-05-43
FebF ary 22 2006
Revised June 06, 2012
Page 10
enclosed for future use.
SPACE BETWEEN BUILDINGS
12. Provide lot areas and building setbacks as shown on Exhibit"A"dated Febru„n,22, May 23,
2012.
FENCES HEDGES AND WALLS
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.
13a. Construct a solid masonry wall along the rear or side property lines of all lots which back onto or
side onto East Shields, North Locan and North Temperance Avenues (solid wall to meet the
requirements of Section 12-306-H, Fresno Municipal Code). The walls shall be constructed in
accordance with the Acoustical Analysis prepared by Brown-Buntin Associates dated February 1,
2005. 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.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.
13b. Construct a six-foot high solid masonry wall (at finished grade of proposed site),or City of Fresno
approved equivalent 2-ply or double-sided wood fence (in accordance with City of Fresno
Development and Resource Management Department Fence Detail "F-1"), at the rear of the 10-
foot wide landscape area required along the North Janice Avenue frontage of all double frontage
lots within the proposed subdivision (i.e., Lots 92-99 of Final Tract Map No. 5815)..
ACCESS
14. Vehicular and/or pedestrian access is provided as shown on attached Exhibit"A"datedebruary
22, 28006 May 23, 2012.
OUTDOOR ADVERTISING
15. Signs other than directional signs, if applicable are not approved for installation as part of this
special permit. Submit for separate Master Sign Program or Sign Review Application.
Applications and requirements for submittal are available at the Planning Division's Public Front
Counter. (Include this note on the site plan.)
Conditions of Approval
Conditional Use Permit No. C-05-43
February 22 2006
Revised June 06, 2012
Page 11
PART E -CITY AND OTHER SERVICES
FIRE PROTECTION REQUIREMENTS
1. Comply with the attached requirements of the Fire Department dated September 20,2005;except
as may be modified within the Conditions of Approval dated June 06, 2012 for Revised Vesting
Tentative Tract Map No. 5447/UGM. (Contact Fire Prevention, 559/621-4141 for further
information.)
SOLID WASTE COLLECTION
2. Development shall be in accordance with attached memorandum from the Solid Waste Division
dated October 4,2005. Contact Solid Waste Management Division, Public Utilities Department at
559/621-1811, between 8 a.m. and 9 a.m. regarding this issue.
FLOOD CONTROL REQUIREMENTS
3. Comply with the attached Fresno Metropolitan Flood Control District memorandum,dated June 21,
2005. (Contact Fresno Metropolitan Flood Control District at 559/456-3292 for further information.)
NOTE: The U.S. Environmental Protection Agency requires that a Notice of Intent for a general
National Pollutant Discharge Elimination System permit be filed for all industrial uses
listed in Attachment C provided by FMFCD and for any construction site of five or more
acres of land. It is the property or 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.
SCHOOL FEES
4. Comply with the attached correspondence from the Clovis Unified School District dated June 1,
2005. (Contact Clovis Unified School District.) Provide proof of payment(or no fee required)prior
to issuance of building permits.
STREET TREE REQUIREMENTS
5. Provide street trees per the attached memorandum from the Public Works Department dated
September 28, 2005.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
6. Comply with attached correspondence from the San Joaquin Valley Air Pollution Control District
dated June 1, 2005, and attached policies on dust and ozone mitigation.
Conditions of Approval
Conditional Use Permit No. C-05-43
FmebFuary 22, 2006
Revised June 06, 2012
Page 12
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 (dated September 7, 2005) 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
(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.
If animal fossils are uncovered,the Museum of Paleontology at U.C.Berkeley shall be contacted to
obtain a referral list of recognized paleontologists. An assessment shall be conducted by a
paleontologist; if the paleontologist determines the material to be significant, a recommendation
shall be made to the City as to any further site investigation or preservation measures.
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.
All discretionary conditions of approval will ultimately be deemed mandatory upon final
approval of this conditional use permit.
DEB:Iel:\K\Master Files Tract Maps T-5447\C-05-43 COA
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CITY OF FRES. i —ENVIRONMENTAL ASSESSMEN INITIAL STUDY
FINDING OF CONFORMITY/MEIR NO. 10130 _
Pursuant to Section 21157.1 of the California Public Resource Code DAVE _ I FOR FILING:
(California Environmental Quality Act) the project described below i 06 AN 12 PH 4: l�Q
determined to be within the scope of the Master Environmental Impact Repo
(MSIR) No. 10130 prepared for the 2025 Fresno General Plan CI Y CLERK, FRESNO Cp,
Initial study is on file in the Planning and Development Department, City Hall,
2600 Fresno Street, Fresno, California 93721
(559) 621-8277
Applicant: initial Study Prepared By:
Woodside Homes David Braun, Planner III
7675 N. Ingram Avenue #104 January 11, 2006
Fresno, CA 93711
Environmental Assessment Number: Project Location (including APN):
Rezone Application No. R-05-06 North side of East Shields Avenue between North
Vesting Tentative Tract Map No. 54471UGM Temperance and North Locan Avenues
Conditional Use Permit Application No. C-05-43 (APN: 310-270-01)
Project Description:
Rezone Application No. R-05-06 proposes to rezone 34.93 (net) acres of property located on the north side of .
East Shields Avenue between North Locan and North Temperance Avenues, from the R-A/UGM (Single
Family Residential-Agricultural /Urban Growth Management) zone district to the R-11UGM (Single Family
ResidentiallUrban Growth Management) zone district. Vesting Tentative Tract Map No. 5447/UGM and
Conditional Use Permit Application No. C-05-43 propose to subdivide the subject property into a 199-lot
single family residential planned development subdivision to be developed at a density of 5.7 dwelling units
per acre. The property is within the jurisdictions of the McLane Community Plan and the 2025 Fresno
general Plan. Both plans designate the property for medium density residential planned land uses (4.99 to
10.37 units per acre). The subject site is currently vacant and is predominantly surrounded by
agricultural/rural residential properties.
Conformance to Master Environmental Impact Report(MSIR NO. 10130):
As previously indicated, the recently adopted 2025 Fresno General Plan designates the subject parcel for
medium density residential planned land use. The requested R-1/UGM zone district conforms to the medium
density residential land use designation as indicated by the 2025 Fresno General Plan.
The Planning and Development Department staff has prepared an initial study and environmental checklist
and evaluated the requested rezoning in accordance with the land use and environmental policies and
provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MSIR) No.
10130. The subject property is proposed to be developed with single-family residential uses at an intensity
and scale that is permitted by the planned land use and proposed zoning designations for the site. Thus, the
rezoning will not facilitate an additional intensification of uses beyond that which already exists or would be
allowed by the above-noted planned land use designation. Moreover, it is not expected that the existing and
future development, per the requested rezoning, will adversely impact existing city service systems or the
traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by
the Public Works and Public Utilities Departments. it has been further determined that all applicable
mitigation measures of MEiR No. 10130 have been applied to the project necessary to assure that the project
will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant
effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a).
Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may
'-)e determined that a subsequent project falls within the scope of a MEIR, provided that the project does not
.ause significant impacts on the environment that were not previously examined by the MEiR. Relative to this
specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan
land use designations, include impacts associated with the medium density residential land use designation
specified for the subject parcel. Based on this initial study, the project does not change the land use indicated
Finding of Conformity Under MSIR 1 10130
Environmental Assessment No. R-05-06/T-5447/C-05-43
Page 2
for the subject parcel and will not generate additional significant effects not previously identified by the MEI
and no new additional mitigation measures are required. Therefore, the project proposal is within the scope
of the ME1R as defined by Section 15177 of the CEQA Guidelines.
Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d)
of the CEQA Guidelines, has determined that all feasible mitigation measures from MSIR No. 10130 shall
apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has
been provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by
Section 21092 of the California Public Resources Code (CEQA provisions).
Gil6ert Date
Planning Manager, City of 4�s/no
Attachments: Environmental Checklist for Environmental Assessment No. R-05-06/T-5447/C-05-43
Mitigation Monitoring Checklist(MSIR No. 10130)for Environmental Assessment
No. R-05-06(T-5447/C-05-43