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HomeMy WebLinkAboutT-5449 - Conditions of Approval - 6/26/2008 City of REPORT 'O THE CITY COUNCIL ;ENDA ITEM NO. S :OOr„ - rnc-�:.�,,. COUNCIL MEETING: 4/4/06 Y April 4, 2006 APPROVED BY FROM: NICK P. YOVINO, Director Planning and Development Department ^ DEPARTMENT DIRECTO CY �� BY: GILBERT J. HARO, Planning Ma ger C1TYMANAGOER Planning Division SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-22 AND AN APPEAL OF THE ACTION OF THE PLANNING COMMISSION APPROVING TENTATIVE TRACT MAP NO. 5449 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-22/T-5449 KEY RESULT AREA P«.en,ed to cites nci Date One Fresnou Di�poS�UOR RECOMMENDATION - - Staff recommends the City Council take the following action: 1. APPROVE the environmental finding for Environmental Assessment No. R-05-22/T-5449 dated September 29, 2005 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (ME1R No. 10130). 2. APPROVE Rezone Application No. R-05-22 to reclassify approximately 25 acres of an overall 35 acre site from the AL-20 (Limited Twenty Acre Agriculture [County of Fresno]) zone district to the R-1 (Single Family Residential) zone district. 3. ACCEPT withdrawal of appeal filed on March 24, 2006 as related to the Planning Commission's action which approved Tentative Tract Map No. 5449. EXECUTIVE SUMMARY Valley Pacific Builders, Inc. has filed Rezone Application No. R-05-22 and Tentative Tract Map No. 5449 pertaining to approximately 25 acres of an overall 35 acre site. The subject property is located on the north side of East Butler Avenue between South Peach and South Minnewawa Avenues. It is noted that approximately 18 acres of the overall 35 acre site are planned for a community park, while the remaining 17 acres are planned for medium-low density residential land uses. However, Table 4 (Underlying/Alternative Land Uses for Designated City Park Sites) of the 2025 Fresno General Plan identifies alternative planned land uses for city park sites. The alternate planned land use for the northern 18 acres is medium density residential. The applicant is proposing to develop approximately 8 acres of the 18 acres planned for a community park, while the remaining 10 acres are designated as a remainder. Rezone Application No. R-05-22 proposes to reclassify 25 acres of the site from the AL-20 (Limited Twenty Acre Agriculture [County of Fresno]) zone district to the R-1 (Single Family Residential) zone district. The proposed R-1 zone district is consistent with the designated planned land use of medium-low density residential pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans. Both the medium-low (2.19 to 4.98 units per acre) and medium (4.99 to 10.37 units per acre) density residential planned land uses are consistent with the proposed R-1 zone district.. In addition, the applicant has filed Tentative Tract Map No. 5449 proposing to subdivide the 25 acres into a 101-lot, single family residential subdivision with a remainder for an overall density of 4.0 units per acre. The applications would bring REPORT TO THE CITY COUP Rezone Application No. R-05-22 Tentative Tract Map No. 5449 April 4, 2006 Page 2 the subject property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan. The remainder is under review for the use of a personal storage facility through Plan Amendment Application No. A-05-06, Rezone Application No. R-05-35 and Conditional Use Permit Application No. C-05-114 which are scheduled to be heard by Council for the same meeting in a separate hearing. On February 15, 2006, the Fresno City Planning Commission recommended approval of the rezone application to the City Council and also approved the related subdivision map. On .February 27, 2006, a nearby neighbor appealed the action of the Planning Commission to the City Council pursuant to Section 12-1019 of the FMC. The appeal was withdrawn in the attached letter dated March 17, 2006, received by the City Clerk on March 24, 2006. Pursuant to Fresno Municipal Code ("FMC") section 12-1019(h)(3), relating to withdrawal of appeals on tentative tract maps, Council may accept the withdrawal of the appeal prior to rendering a decision upon the merits of the appeal. If Council accepts the withdrawal this will reinstate the Planning Commission decision approving the tentative map made on February 15, 2006. KEY OBJECTIVE BALANCE Council action regarding this proposed land use application optimizes the three Key Objectives of Customer Satisfaction, Employee Satisfaction, and Financial Management. Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is, in turn, funding the operations of the Planning and, s Development Department. Employee satisfaction is derived from the fact that the professional and technical staff, who have reviewed and made a recommendation on this land use application, have done so in a thorough and professional manner, thereby enhancing the sense of accomplishment in the completion of the application process. PROJECT INFORMATION PROJECT Request to reclassify approximately 25 acres of an overall 35 acre site from the AL-20 (Limited Twenty Acre Agricultural [County of Fresno]) zone district to the R-1 (Single Family Residential) zone district which would facilitate the development of a 101-lot, single family residential subdivision to be developed at an overall density of 4.0 units per acre APPLICANT Valley Pacific Builders, Inc. (Engineer: Lars Andersen and Associates, Inc.) LOCATION North side of East Butler Avenue between South Peach and South Minnewawa Avenues (Council District 5, Councilmember Dages) SITE SIZE Approximately 35 acres LAND USE Existing - Vacant Proposed - Single family residential REPORT TO THE CITY COUl"-1L Rezone Application No. R-05 Tentative Tract Map No. 5449 April 4, 2006 Page 3 ZONING Existing - AL-20 (Limited Twenty Acre Agricultural [County of Fresno]) Proposed- R-1 (Single Family Residential) PLAN DESIGNATION The proposed R-1 zone district and 101-lot single family AND CONSISTENCY residential subdivision is consistent with the 2025 Fresno General Plan and Roosevelt Community Plan designation of the site for medium-low density residential and medium (per Table 4 of the 2025 Fresno General Plan) density residential planned land uses ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MSIR No. 10130) dated September 29, 2005 PLAN COMMITTEE The Roosevelt Community Plan Advisory Committee RECOMMENDATION recommended approval of the proposed project at its meeting on April 25, 2005 STAFF Approve the rezone application and deny the appeal and uphold RECOMMENDATION the Planning Commission's action approving Tentative Tract Map No. 5449 PLANNING COMMISSION On February 15, 2006 the Planning Commission voted to RECOMMENDATION recommend approval of the rezone application and approved the tentative tract map by a vote of 4 to 1, with two Commission members abstaining REPORT TO THE CITY COUI` Rezone Application No. R-05-22 Tentative Tract Map No. 5449 April 4, 2006 Page 4 BORDERING PROPERTY INFORMATION Planned Land Use ExistingZoning Existing Land Use g 9 Medium-High Density R-2 & AE-5 Apartment Complex & North Residential &Office Low Density Multiple Family Single Family Commercial Residential District& Exclusive Five Residence Acre Agricultural District R-1-B Single Family South Medium-Low Density Single Family Residential District Residential Subdivision Residential &Water Well Pump Station No 153 Open Space(Community AL-20 & R-1-8 Park), Medium-Low Density East Residential (Table 4 Alternative Limited Twenty Acre Agriculture, Single Family Land Use) & Low Density County of Fresno & Single Family Residential Subdivision Residential Residential, County of Fresno Public Facility(High School), AE-20 & R-1-8/BA-30 Sunnyside High Public Facility(Elementary Exclusive Five Acre Agricultural School, Ayer West District& Single Family Elementary School, School) & Open Space g y (Neighborhood Park) ResidentiaUBoulevard Area-Thirty and a Neighborhood Feet District Park 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 MEIR 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 MEIR No. 10130 have been applied to the project, together with project specific mitigation measures 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). 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 September 29, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published on September 29, 2005, with no comments received to date. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of the Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated September 29, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on September 29, 2005, with no comments received to date. _ • REPORT TO THE CITY COUP'-IL Rezone Application No. R-05-. Tentative Tract Map No. 5449 April 4, 2006 Page 5 BACKGROUND / ANALYSIS Valley Pacific Builders, Inc. has filed Rezone Application No. R-05-22 and Tentative Tract Map No. 5449 pertaining to approximately 25 acres of an overall 35 acre site. The subject property is located on the north side of East Butler Avenue between South Peach and South Minnewawa Avenues. It is noted that it approximately 18 acres of the overall 35 acre site are planned for a community park, while the remaining I 17 acres are planned for medium-low density residential land uses. However, Table 4 (Underlying/Alternative Land Uses for Designated City Park Sites) of the 2025 Fresno General Plan identifies alternative planned land uses for city park sites. The alternate planned land use for the northern 18 acres is medium density residential. The applicant is proposing to develop approximately 8 acres of the 18 acres planned for a community park, while the remaining 10 acres are designated as a remainder. Rezone Application No. R-05-22 proposes to reclassify 25 acres of the site from the AL-20 (Limited Twenty Acre Agriculture [County of Fresno]) zone district to the R-1 (Single Family Residential) zone district. The proposed R-1 zone district is consistent with the designated planned land use of medium-low density residential pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans. Both the medium-low (2.19 to 4.98 units per acre) and medium (4.99 to 10.37 units per acre) density residential planned land uses are consistent with the proposed R-1 zone district. In addition, the applicant has filed Tentative Tract Map No. 5449 proposing to subdivide the 25 acres into a 101-lot, single family residential subdivision with a remainder for an overall density of 4.0 units per acre. The remainder is under review for the use of a personal storage facility through Plan Amendment Application No. A-05-06, Rezone Application No. R-05-35 and Conditional Use Permit Application No. C-05-114. These applications will be heard by Council in a separate hearing on the same Council day as the subject applications. Land Use Plans and Policies The subject site is designated for medium-low and medium (per Table 4 of the 2025 Fresno General Plan) density residential planned land uses by the 2025 Fresno General Plan and the Roosevelt Community Plan. The proposed zone district and subdivision are consistent with the planned land use designations. in addition, the following development standards and policies are applicable and have been met through the approved subdivision design (attached Exhibit A): Policy C-9-ii of the 2025 Fresno General Plan & Policy 1-7-1-a of the Roosevelt Community Plan Medium-low density residential uses shall be designated to preserve those single-family residential neighborhoods which were established with moderately large lots, to provide a transition between low and medium density residential areas;and, Arrange lot patterns and sizes to maintain compatibility with surrounding uses and improvements (either existing or planned), and to facilitate the development of adjacent parcels with similar lotting patterns. Policy C-9-i of the 2025 Fresno General Plan Medium density residential land shall be developed to maximize efficient use and affordability of residential property through a wide range of densities. New residential projects within this land use category should not be permitted to be developed at a density less than the minimum shown in Table 2 in order to better achieve the goals of the city's Housing Element. REPORT TO THE CITY COUP Rezone Application No. R-05-22 Tentative Tract Map No. 5449 April 4, 2006 Page 6 ,a Policy 1-7-1-c of the Roosevelt Community Plan Utilize landscape and design measures to make a positive contribution to the community's identity, provide variety, and avoid unsightly conditions (such as repetitive roof forms and roof mounted mechanical equipment). These measures should include enhances landscaping along boundary and entry streets, architecturally designed perimeter walls, and variety of building placement and design. Policy 2-3.7 of the Roosevelt Community Plan & Policy 2-3.12 of the Roosevelt Community Plan Enhance the scenic boulevard nature of Butler Avenue and address the safety hazard to Ayer School by discouraging high-speed through traffic. To accomplish this: 1)synchronize traffic lights to maximize flow on Kings Canyon Road, 2) construct Freeway 180 through to Clovis Avenue by 1996, and, Designate Huntington Boulevard (between First and Cedar Avenue), Butler Avenue (between Peach and Fowler Avenues), Peach Avenue (between the California Avenue alignment and Belmont Avenue) and Minnewawa Avenue (between Central Canal and Belmont Avenue) as scenic routes, and preserve existing trees along these rights-of-way where possible. Roosevelt Community Plan Advisory Committee The subject property is located within the boundaries of the Roosevelt Community Plan. The Roosevelt Community Plan Advisory Committee reviewed and recommended approval of the project at their April 25, 2005 meeting, subject to the following conditions: 1. Eliminate the proposed ingress/egress from the project site to East Liberty and East Lowe.' Avenues. 2. Use interface standards for lots abutting the county residential subdivision to the east. These lots should match the county lots to the east of Tentative Tract Map No. 5449. 3. Lots abutting East Butler Avenue shall front onto East Butler Avenue. 4. No roof mounted air-conditioning unit within the subdivision. 5. Provide five percent open space within the subdivision. 6. No two-story houses adjacent to the county subdivision to the east. In the approved tract map design (attached Exhibit A) the above recommended conditions have been met with the exception of five percent open space within the subdivision. Pursuant to Roosevelt Community Plan Policy No. 1-17.3 the developer/owner shall designate and develop a minimum of five percent of the total project area for public or private open space such as lakes, community recreation; or passive open space. Alternatively, an equivalent amount of area may be provided in conjunction with approved public or quasi public open space within one and one-quarter mile of the development. The City Council, on November 3, 2004, approved Plan Amendment No. A-03-17 to the above- noted policy of the Roosevelt Community Plan to allow for the payment of fees for open space-park purposes in-lieu of the actual development of the required five percent open space. Pursuant to ` REPORT TO THE CITY COUP-11- Rezone Application No. R-05-- Tentative Tract Map No. 5449 April A, 2006 Page 7 this amendment an equivalent amount of funds in-lieu of park space improvement may be paid to the city subject to the terms of Resolution No. 2004-450 approving this plan amendment. Fresno City Planning Commission November 30, 2005 This project was originally heard by the Planning Commission on November 30, 2005. At this public hearing, the Planning Commission heard testimony from city staff, the applicant, County of Fresno staff, and concerned neighbors. Several issues were discussed, including protecting the character of the existing neighborhood from encroaching urban type land uses, traffic, access and protecting the existing olive trees along East Butler Avenue. After extensive discussions, the Planning Commission recommended that the applicant decrease the number of proposed lots and propose an alternative tract map design. January 18, 2006 The alternate tract map design was presented to the Planning Commission on January 18, 2006. At this hearing, the Planning Commission heard testimony again from city staff, the applicant, County of Fresno staff, and concerned neighbors. In their testimony, neighbors expressed concerns about the density of the subdivision, access, and traffic. Furthermore, county staff presented three alternative designs in addition to what the applicant had proposed that county staff had previously discussed with the neighbors. After hearing testimony from the various parties, the Planning Commission again took action to continue the project and recommended that the applicant draft alternative subdivision designs that would decrease the proposed density of the subdivision and would also minimize some of the neighbor's concems. The applicant was also advised to meet with the neighbors and both city and county staff to discuss these alternative plans. February 15, 2006 The Planning Commission heard the project once more on February 15, 2006 after the applicant had met with neighbors and both city and county staff to discuss potential subdivision alternatives. These alternatives were presented to the Planning Commission and after testimony again from city staff, the applicant, County of Fresno staff and concerned neighbors, the Commission took action to. approve Alternate Plan D (attached Exhibit A). In summary, the approved subdivision layout accomplishes the following: • Prohibits vehicular traffic from traveling east on East Liberty and East Lowe Avenues to South Minnewawa through the existing county subdivision • Provides direct vehicular access to East Butler Avenue • Provides vehicular access to South Villa Avenue which provides access to East Butler and East Lowe (west bound) Avenues Provides pedestrian access and appropriate drainage to East Lowe and East Liberty Avenues traveling east through the county subdivision REPORT TO THE CITY COUN Rezone Application No. R-05-22 Tentative Tract Map No. 5449 April 4, 2006 Page 8 • Prohibits vehicular access to East Kings Canyon Road through the subdivision adjacent to public schools Appeal of Planning Commission Action An appeal of the Planning Commission's action approving Tentative Tract Map No. 5449 from neighboring residents was received by the Planning and Development Department on February 27, 2006. The appeal letter (Exhibit C) states the following concerns: • traffic being placed directly onto East Butler Avenue, a scenic drive; and • the neighboring schools and park will be impacted by traffic traveling on East Butler Avenue. On March 24, 2006 the City Clerk received a letter withdrawing the appeal. The appellants still expressed their concern for the safety of the children whom utilize the neighboring schools and park but are willing to work with the developer and city staff to create some form of traffic calming devices to the adjacent streets such as "chokers," alternate landscaping, and brickwork along East Butler Avenue to reduce the speed of vehicles. Under FMC Section 12-1019(h), the Council may accept the withdrawal of the appeal at any time prior to making a decision upon the merits of the appeal. If Council accepts the withdrawal of the appeal, the Planning Commission decision approving the Tentative Tract Map No. 5449 will be reinstated. Staff recommends Council accept the withdrawal of the appeal as the approved Tentative Tract Map No. 5449 _ (Exhibit °A") along with its approved Conditions of Approval dated January 18, 2006, meets the City's'-:y adopted planning and zoning policies, goals, requirements and guidelines. Subdivision Design/Streets and Access Points This subdivision is proposed to have two access points to East Butler Avenue. Interior streets will be connected throughout the proposed subdivision with only two cul-de-sac streets, however they will terminate at pedestrian paths connecting to East Liberty and East Lowe Avenues to the east, thus only vehicle access will be restricted. Landscaping/Common Open Space/Pedestrian Trail A 40 foot landscape setback is required along the north side of East Butler Avenue. In addition, the. applicant will be required to install a solid decorative masonry wall at the rear of the required landscape setback, which will help mitigate the adverse effect of noise generated by vehicles traveling on the adjacent street. Pursuant to Roosevelt Community Plan Policy No. 1-17.3 the developer/owner shall designate and develop at least five percent of the total project area for public or private open space such as lakes, community recreation, or passive open space. Alternatively, an equivalent amount of area may be provided in conjunction with approved public or quasi public open space within one and one-quarter mile of the development. The City Council, on November 3, 2004, approved Plan Amendment No. A-03-17 to the above-noted policy of the Roosevelt Community Plan to allow for the payment of fees for open space-park purposes in lieu of the actual development of the required five percent open space. Pursuant to this amendment an equivalent amount of funds in-lieu of park space improvement may be paid to the city subject to the terms of Resolution No. 2004-450 approving this plan amendment. It is noted that in ;, REPORT TO THE CITY COUN."lL Rezone Application No. R-05-. Tentative Tract Map No. 5449 April 4, 2006 Page 9 addition to the landscape easement along East Butler Avenue, there will be pedestrian easements which will allow access through the site without having to meander throughout the subdivision. Lot Area and Dimensions The FMC requires that all lots within the R-1 zone district provide a minimum lot width of 60 feet and depth of 100 feet, with the exception of lots on curved streets and reversed corner lots and a minimum lot size of 6,000 square feet. All of the parcels meet or exceed the minimum lot dimensions and lot area. Setbacks The FMC requires that all lots within the R-1 zone district provide a minimum front yard setback of 20 feet and a rear yard of 20 feet and five foot side yards, with the exception of corner lots and reversed corner lots which are required to provide side yard setbacks of 10-feet and 15-feet. Public Services Water Resources and Public Water Supply The Water Division of the Public Utilities Department has determined that there is an adequate source of water available to serve the project with the implementation of the Urban Growth Management (UGM) service delivery requirements and the environmental impact mitigation measures. It should also be noted that adverse groundwater conditions of limited supply and compromised quality have been well- documented by planning, environmental impact report, and technical studies over the past 20 years including the Master Environmental Impact Report No. 10130 for the 2025 Fresno General Plan, Final . EIR No. 10100, Final EIR No. 10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan) et al. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the Fresno Metropolitan Area. As a result, if approved, the proposed project would be required to contribute to short-term and long-range water supply and distribution remediation projects in order to adequately address this deficiency. 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. Regardless, sanitary sewer service is available to serve the site, subject to the mitigation measures imposed with the environmental assessment, and any necessary sewer main extensions and connections. Fire Protection Services The project site is not located within the city's UGM area. Fire service will be provided by City of Fresno Fire Station No. 15, within two miles of the subject property. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 101 single-family residences, and the surrounding planned land uses designated by the 2025 Fresno General Plan and Roosevelt Community Plan, will be REPORT TO THE CITY COUP Rezone Application No. R-05-22 Tentative Tract Map No. 5449 April 4, 2006 Page 10 required to complete the planned major street network in accordance with applicable development policies and standards. Both plans designate East Butler Avenue as a scenic drive. However,all street standards provide for a widened pavement width at major street intersections to allow for exclusive left- turn and right-turn lanes as well as bus bays or turnouts. As required by the mitigation measures established by the certification of MEIR No. 10130, a Traffic Impact Study (TIS) was prepared by VRPA Technologies (dated February 24, 2005 and amended on October 25, 2005) to evaluate the number of vehicle trips projected to be generated by the proposed project. Utilizing the 2000 Highway Capacity Manual and associated computer software together with the COG's computerized traffic model, this analysis predicts the number of vehicle trips that will be generated from the proposed project and surrounding planned land uses, and the direction in which these trips will travel. The TIS analyzed the intersections at Peach and Butler Avenues and Kings Canyon Road and Minnewawa Avenue. At 101 single-family residential dwelling units, the project is expected to generate an average of approximately 1,042 vehicle trips per day (VTD). Of these vehicle trips, it is projected that 79 will occur during the morning (7 to 9 a.m.) peak hour travel period and 107 will occur during the evening (4 to 6 p.m.) peak hour travel period. Because much of the immediately surrounding area is 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 will be required to construct improvements including the installation of a signal at the intersection of Peach and Butler Avenues, dedication and street improvements for East Butler Avenue, and pay their fair share of the cost to improve the intersection at East Kings Canyon Road and South Minnewawa Avenue. In .-.., addition, the developer of this project, in accordance with the mitigation measures of Master. Environmental Impact Report (No. 10130) which was 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 however the proposed remainder lot will be required to dedicate land to Caltrans for the widening of State Route 180 along .Kings Canyon Road at the time there is a development plan for the subject remainder lot. REPORT TO THE CITY COUr'"Il- Rezone Application No. R-05-. Tentative Tract Map No. 5449 April 4, 2006 Page 11 CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Rezone Application No. R-05-22 and approved Tentative Tract Map No. 5449 are appropriate for the project site. Attachments: Vicinity Map 2005 Aerial Photograph of Site Exhibit A, Tentative Tract Map No. 5449 dated February 15, 2006 Exhibit B, Letter from Caltrans dated May 3, 2005 Exhibit C, Letter of Appeal dated February 27, 2006 Exhibit D, Letter withdrawing appeal dated March 17, 2006 Environmental Assessment No. R-05-22/T-5449 dated September 29, 2005 Planning Commission Resolution No. 12400 (Rezone Application No. R-05-22) and 12401 (Tentative Tract Map No. 5449) Ordinance Bill . Kw.-v rNe.rm MNnT.a 1w o.w nrN Pa+.n M:N.rn uat.Ja C-1 I IQ I R-2 I ( AE-5 R-P t C-PC-P KINGSCANYON .. .._.._.._.._.._..=.._.._.._.._.._.._.._ .. c U = 0 U MONTECITO C-3 -2 j LANE R R-1-C w LOWE z z_ LOWE e.F L16ERTY LIBERT�_••_••-••••-.._.._. i w R-1-B m i LYELL 1 Z 0x 1 BUTLER -.._-._.._. _ _ - - _.... P IT � TOWNSEND $P IT 1 -1- Ing PL/ i LEGEND j� Subject Property "CINITY MAP PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO. 5449/UGM N DEPARTMENT REZONE APPLICATION NO. 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L� alt 2 -x — — — — —LI ee a�� a a9 O OEy I f�?� zBni ,�' yta A33. Ms i B 2Y 3•s aoa�y3y -x 9 2 an 7 LO Z s ' I1 cc 7 +. 12'a� •F "i 171 y� .I I . x< a 1 I t uiUt 1cu WW •- I -an wnow.veaa Z 11�� wo CL I 7 -I aF :s 3s II "SII i • (I �2 a_� Z " !:3 R W rr OI"GV ACE —.J•� I y "'t;A --- 4*- _ Exhibit B Letter from the Sunnyside Property Owners Association dated November 17, 2005 Exhibit B, Letter from the Sunnyside Property Owners Association dated November 17, 2005 4# rIOfE4TT 01AEIS ASS 0CI&TIaN Sunnyside-Fresno's Secret Garden ZT November 17, 2005 Mike Kirn. Assistant Director -, Public Works Department 2600 Fresno Street Fresno, CA. 93721 Att: Mr. Kirn, RE: Vesting Tentative Tract Map 5449, A-05-006, R-05-35 We appreciate your attendance at the recent neighborhood meeting concerning the above referenced tract map. The Sunnyside Property Owners Association (SPOA) takes great pride in working as liaisons between government entities and Sunnyside residents and strongly believes that advance notice and cooperation brings greater resolution and satisfactory compronuse between developers and adjacent homeowners. We realize that the vast majority of streets do end up as connections for subsequent developments, but feel that this location is unique in that the VillaJButler access is across the street from a park, two schools and feeds onto Butler, a local Scenic Street. The second proposed access, Lowe, directs traffic to Minnewawa, another local Scenic Street. Residents of Lowe might not object as much to the increase in traffic if the subdivision were developed on similar size parcels, however since the density is so disparate the traffic generated seems much more objectionable. We realize that the developer is not asking for any special consideration and that the proposed subdivision is consistent with the General Plan, however, the proposed development to the north is not. Without the rezone and plan amendment for the proposed Derrei's Mini Storage Facility, the subdivision would likely extend all the way north to Kings Canyon Road or be developed as a park. Approved tract maps at Temperance and Kings Canyon provide residents with access to Kings Canyon. In addition, public works conditioned the proposed DermI's Mini Storage facility on Clovis north of Jensen, with an access for the residential subdivision to the west. So a precedent does exist- It does not seem unreasonable, therefore, to condition the proposed Derrel's Mini Storage with a local street access to Kings Canyon Road for the residents in the proposed residential subdivision to the south. This would decrease the impact on both Butler and Minnewawa and divert the majority of traffic to Kings Canyon; a super arterial designed to handle such traffic impacts. We look forward to working with the City on an acceptable compromise for the neighborhood. Sue Williams For the board members of the Sunnyside Property Owners Association Cc: Frank Fowler, Deputy Director of Public Works, County of Fresno Dawn Marple, Planner 11, City of Fresno v/ PO. Box 8096 • Fl-CS770 CA 93747-8096 • Ph. (559) 255-13-57 Exhibit C Letter from Caltrans dated May 3, 2005 ST-kTE'OF CAL ORN[A—BUSINESS TRAtdSPOR -xTION AND OUS[NG AGEN YARNOLD SCI, V R'ENEGG R Go,ernor DEPARTMENT OF TRANSI._RTATION 1352 WEST OLIVE AVENUE ,: P.O. BOX 12616 FRESNO,CA 93773-2616 Exhibit B PHONE (559)445-6666 FAX (559)483-4088 Flee your power! Be energy TTY (559)438-4066 © gy efficient! G�` �C7L May 3,2005 4 2U� p;ar"'ing nieoartment 2131-IGRICEQA �e�eloa�ert�LS,aC 6-FRE-180-62.8 R-05-22 & T-5449 MOUR.ADICK Ms. Dawn Marple City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Marples We have reviewed the rezone and map for the proposed 110-unit single-family residential development on the northeast comer of South.Villa and East Butler,Avenues. Caltrans has the: following comments:' , The portion of the map that includes the subdivision does not have direct access to State Route (SR) 180. However, the"remainder"parcel is adjacent to State facilities. Should any activity be planned for the remainder parcel adjacent to SR 180, a permit will be required from Caltrans. An encroachment permit must be obtained for all proposed activities for placement of encroachments within, under or over the State highway rights-of-way., Activity and work planned in the State right-of-way shall be performed to State standards and specifications, at no cost to the State. Engineering plans, calculations, specifications, and reports (documents) shall be stamped and signed by a licensed Engineer or Architect. Engineering documents for activity and work in the State right-of-way shall be submitted using Metric Units. However, dual units may be used for activity and work in the right-of-way costing 51,000,000 or less, or by an, exception approved by the Director. The preferred method of delineating dual units is by showing. the English unit first then the Metric unit next to it in parenthesis. The Permit Department and the Environmental Planning Branch will review and approve the activity and work in the State right-of-way before an encroachment permit is issued. Encroachment permits will be issued in accordance with Streets and Highway Codes, Section 671.5, "Time Limitations." Encroachment permits do not run with the land. A change in ownership requires a new permit. Caltrans requests theopportunity to review any development proposal for the remainder parcel. According to our Transportation Concept Report(TCR), this segment.of SR 180 in the vicinity of the proposed project is planned for 110 feet. Caltrans right-of-way shows this segment existing at 100 feet. As this section of SR 180 is due to be relinquished in the future to the City of Fresno, Caltrans is not requesting an irrevocable offer of dedication. However, the City may wish to consider obtaining a dedication of five feet of right-of-way from the remainder parcel to accommodate future widening of East Kings Canyon. "Caltrans improver mobility across California" Ms. Dawn Marple • May 3, 2005 Page 2 The proposed project, in and of itself, is not expected to create significant impacts to the State Highway System. However, when combined with other development in the area, this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. One possible mechanism for evaluating the cumulative impacts of these land use decisions would be for the City to use the San Joaquin Valley Growth Response Study (GRS) modeling tool. The GRS Tools provide a cumulative analysis of land use impacts, as opposed to a"snapshot" of growth at 20 years. They can identify where to place transit stops, locate the more intense land uses, how and where to site interrelated uses, etc., providing an actual quantitative analysis of alternatives. The type of information that is available by using this modeling tool goes significantly beyond what is traditionally provided with an Environmental Impact Report, providing the type of information necessary to support "smart growth" land use decisions. This benefits the local, regional, and State transportation network, as well as air quality. The analysis can also include indicators to evaluate economic development and the jobs/housing balance critical to a community's quality of life. With the GRS Tools, public officials and citizens would be provided with the likely impacts of alternative growth policies. The resulting information is available to public officials and citizens in easy-to-understand maps and tables. The City should consider a transit altemative for this project. The project is small, but when combined with other residential projects in the area, there is sufficient development to support transit, and early planning could make such an alternative feasible. The San Joaquin Valley Growth Response study would be an excellent tool for evaluating these alternatives. 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. If you have any questions, please call me at (559) 445-6666. Sincerely, ..A MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project,will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. I Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. Exhibit C February 27, 2006 Becky Klisch, City Clerk �u r City of Fresno 2600 Fresno Street FEB 2 7 .2006 Fresno,- CA 93721 Planning Division Oevelo�+ment Oepa�ment Dear Ms. Klish: G!;{ As residents of Butler Avenue,with access in and out of our property limited to that of Butler Avenue(Ward); and City residents living in the greater Sunnyside area(Collier); we hereby formally appeal the decision of the Planning Commission's approval of TM5449-Exhibit D, on February,15, 20x6. We represent many residents with the same concerns.. Although we do not oppose the Derrel's mini storage facility application on Kings Canyon, we must also appeal approval of the Plan Amendment Application No. A- 05-06, Rezone Application No. R-05-35, Conditional Use Permit Application No. C-05- 114, as this is part of the overall rezone request for the parcel, with the developer desiring to sell 10.81 acres to Derrel's, and it impacts the complete config_uration of the subdivision map. Commissioner Lee Brand, who spoke in favor of an access road to Kings Canyon and was part-of the }M=movs-vote to continue this-tEem on January 18`h' resigned effective February I'`. Two new members were unable to vote, as it was.a continued item from previous meetings. City Planning staff recommended approval of Exhibit d,with- ingress/egress ithingress/egress points for the subdivision at South Villa Avenue (to the west), East Liberty and Easf Lowe avenues(to the east). The Commission, at its vote on February 150i, approved Exhibit D of the map with ingress/egress points at South Villa and East Butler Avenue. This, essentially,puts all traffic from this subdivision — estimated to be an additional 900-1,100 vehicle trips per day, directly onto Butler Avenue. The traffic study shows that 69.9% of the traffic would utilize South Villa, directly across from the Park and Ayer Elementary School and mainly traverse west on Butler Avenue past the Parki and this was with an exit at East Lowe carrying 30.1% of the traffic on Exhibit A. Now,with Exhibit D as approved,the ingress/egress point is Butler;rather than E;Lowe;so the additional 30.1% is also placed on Butler. Although it may be argued that traffic may exit Villa and proceed west onto E. Lowe between the schools; speed bumps are in place there and traffic is very congested, causing anyone without children going to school to avoid that route for the faster; easier route of Butler Avenue.- This presents several safety issues for the residents, children and students of Fresno: 1. As approved, the tract map not only puts students at Ayer School and Sunnyside HS at an extreme safety risk; it also puts the safety of citizens of Fresno who utilize Sunnyside Park (a City park often filled to capacity.with soEcer Teague play; eto)j Faaehpr Creek Trailway/Bridle Path;track students r from Sunnyside HS, Roosevelt HS, and Fresno Pacific University who use Battler Avenue as a training route; at risk --because the Pl.m , Commission's proposal only allows for traffic on Butler Avenue (via Butler and Villa): By only opening Butler and Villa; traffic-has been placed at.its most critical area with regard to the issue of safety. 2. Regarding the two schools,Nick Yovino is quoted in The Bee as stating, Y:. "That's the worst place to prat the added traffic.-" Nfx. . Yovino is right;this is- the sthe worst place to put the traffic because it's already jeopardizing the students who have to walk;ride bikes; or drive to these sehools;and who enjoy activities at the Park. In addition,Butler Avenue is designated a scenic, historic;local street and is heavily used by students;pedestrians;bicyclists-; and equestrian riders. Sunnyside Park exceeds its capacity in the spring as Soccer ane}other activities begin. 3. The Planning Commission, in approving Alternative D of the tract map, is working in direct opposition to many progressive movements;such as Creative Fresno and CEC. These groups are trying to attract, and then keep creative people here in Fresno .arid that can be done only by Fresno retaining its unique communities --Tower District, Fig Garden, Sunnyside, etc. 4. In the 2025 General Plan, Butler Avenue is designated a scenic, local drive. With that designation; it should be .conveyed that no additional direct traffic from new developments be placed on Butler. As stated by Councilmember ' Rages in The Bee(1/1 I/067, "6'S% of the City's recent growth has occurred in the southeast area." Indirectly, Butler Avenue will be impacted by all these new developments, but it should be protected from any direct access in keeping with the General Plan. To quote Commissioner Brand from the January I8`h meeting: "We are charged to implement the General Plan and the General Plan does call for higher density. I know that it is always a eonfliet in the.Sunnyside area. As we implement the General Plan, we cannot do it in a reckless manner. We need to really consider the unique characteristics of the neighborhood; and in many ways this project reminds me of"The Perfect Storm" - converging forces colliding in a small neighborhood area You've got a high school, elementary school, park, two streets with limited movement because they are scenic drives and can only be two lanes. It is like a flashpoint here. It is difficult for us to try to meet these two conflicting needs. We are always trying to find what we believe to be the reasonable approach to it and I mentioned it last time, that I felt this thing was too high of an impact— not because the General Plan doesn't call for it— but because of the unique nature of the configuration of this area. it is just too high of an impact and i agree with a: lot of the speakers here. I don't believe that 112 homes fan work the way it is currently configured: I said 20% redtion; that wasn't figure calculated ands - ' . " cemented in stone, but I thought there had to be a significant reduction to make it .. work. How far people move toward compromise, I am not sure, but I think F � moving— with all due respect for the City position-- I think maybe moving to Kings Canyon with an access might solve a lot of the problems. One, it might alleviate the need to reduce 20%; if it does take the traffic off the area,where the developer does have a right and he is following the General Plan on density, but something has to be done. In-.my opinion, I cannot approve the project as it is presented before me, so I appeal to my fellow Commissioners to try to find a solution here: But again; because of the unique nature that we have,this configuration can't be done; it's just too much of an impact." To quote Commissioner DiBuduo: "There is plenty of room to have a subdivision to be compatible. The eoneept-- I'm not going to agree with the lot sizes;b"-ause I -can't tell what the lot sizes are --but the concept of bigger lots up against the neighbor's lots, I concur with. I probably won't go to the size that you(neighbors)want; because I want to have more density vs. no density. I support the concept of pushing it out to Kings Canyon. I think this map needs to go back and come back with punching out to Kings Canyon, work out something with Derrel's in reality, but I would like to see the configuration of the roads in there --we have talked for years about not having square streets or square subdivision, and its part of what our redesign and our concept has been, so let's work with the developer, let's get something there that works." To quote Commissioner Cherry: "There are some big key points -- access to Kings Canyon, I think, in looking at it from living inside this project; it makes sense to go out to Kings Canyon- You can access Fancher Creek development to the east that's going to be a huge cmnunereial center;you can access 180; so why send the traffic on the historic, smaller roads when you can go out to Kings Canyon? You can put"No igns; you can put traffic calming devices, it can be a narrower street Parking" s that can limit parking, loitering, etc., so I feel it is a strong point for this project and I would like to see access to Kings Canyon for that reason. Sunnyside is a unique neighborhood. When you look at all the new development that we are patting out there (City-wide); they are walled off neighborhoods. You could be in Temecula or Roseville or Rocklin and they all look the same. But Sunnyside is unique; so I would like to see that we do all that we can to preserve the character of that neighborhood because we are not building neighborhoods like it anymore. I would say that my vote is to go with Exhibit C7- block ;block off Lowe, and I'd like to see front-on housing on to Butler." ; r We bring this map before the City Council because the issue of pedestrian and vehicular r safety should be of paramount concern; We believe thesc critical concerns are ample ` '- cause to re-consider this approved access to Butler Avenue for the residents of � s Many families with children will most likely oe:eupy the approximately 100 new homes: homes in the proposed development, adding to the need for caution for the children already living in the area: The City should reconsider the proposed access to this tract prior to injury or worse, to any of the people who now, or will be impacted by the short- sighted approach taken on this Project. In conclusion, we believe access should be made to Kings Canyon (Exhibit C, with Lowe closed to the east), along with the City Trak department's recommendations of "chokers" to squeeze the streets and slow traffic, or Council should accept the City Planning staffs recommendation of Exhibit A with a redrawn interior design(to avoid square streets and square subdivisions). Either plan promotes pedestrian and vehicular safety and protects the students of two schools, the users of the City Park, and the numerous students using Butler Avenue for cross-country training. We believe the Commission felt rushed to make a decision at its February 15''meeting, I ealizing that by approving a map with ingress/egress to Kings Canyon, it would send the map back to Planning for the review process. City officials have confirmed that it would be an approximate 60 day delay,with no additional fees incurred. Should we be so short- sighted to impact the safety of our citizens and the integrity of the community,for a mere 60&ry delay? As citizens looking at our permanent residence here in Fresno, it seems _ less than prudent to allow a 60 day time frame to rush a judgment on such a crucial matter. Thank you for listening and for your consideration of these important isst;es which will impact Fresno for years to come. Should you have any questions, or seek additional clarification,please do not hesitate to contact us. Sincerely, John and Cynthia Ward games and Kimberly Collier . 5424 E. Butler Avenue 5933 E. Florence Avenue Fresno, CA 93727 Fresno, CA 93727 456-1626 (home) 456-9133 (home) 709-0138 (cell) 999-4592 (James: cell) 453-2252 (John: work) 709-1105 (Kimberly: cell) 453-5516 (.lames: work) 454-7744(Kimberly: work) cc: Mayor Alan Autry City Council Planning Commission Nick Yovino March I7, 2006 Exhibit D RECEIVED ' 2006 K.AR 24 PM 1: 31 CITY CLERK, FRESNO Cc Ms. Becky Klisch, City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721 Dear Ms. Klisch: It is with mixed emotions that we hereby rescind our official appeal of TM 5449 and the Plan Amendment Application No. A-05-06, Rezone Application No. R-05-35, and Conditional Use Permit Application No. C-05-114, as submitted on February 27, 2006. While we remain concerned about the safety of the children in the area with regard to the current approval of TM5449, we feel that a better approach to alleviate these concerns may be to work with the developer towards a common goal of enhancing the Sunnyside area, utilizing landscape design to protect the children in and around the schools and park. We look forward to working with Councilman Dages,the City, and the County in achieving these goals. While we have struggled with the idea of continuing the appeal,we realize the delays it would cause the developer of both TM5449 and Derrel's tvliniStorage at this stage of the planning process. Rather, we would like to take a positive approach in working to make these developments an enhancement for the area, perhaps by adding "chokers"or brickwork along Butler Avenue to protect the children at the park and the schools, as well as all users of the Fancher Creek Walkway/Bridle Path and joggers and bicyclists. We appreciate the patience on the part of the developers and the diligence with which the Planning Commission sought to meet the needs of all parties involved. Sincgrel John and Cynthia Ward James and Kunberly Collier 5424 E. Butler Avenue 5933.E. Florence Avenue Fresno, CA 93727 Fresno, CA 93727 cc: Mayor Alan Autry City Council Planning Commission Nick Yovino FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12400 The Fresno City Planning Commission, at its regular meeting on February 15, 2006, adopted the following resolution relating to Rezone Application No. R-05-22. WHEREAS, Rezone Application No. R-05-22 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1 (Single Family Residential)zone district EXISTING ZONING: AL-20 (Limited Twenty Acre Agricultural[County of Fresno]) APPLICANT: Valley Pacific Builders on behalf of Pacific IVIT'VI-12 LLC LOCATION: North side of East Butler between South Peach and South Minnewawa Avenues APN: 472-022-15 and 472-022-20 LEGAL DESCRIPTION: From AL-20 (County of Fresno) to-R-1: As described in attached Exhibit A. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to facilitate the development of a 101-lot,single family residential subdivision on approximately 25 acres of an overall 35 acre site; and, WHEREAS, the Fresno City Planning Commission reviewed the subject rezone application in accordance with the policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; and, WHEREAS,the Fresno City Planning Commission originally heard this item on November 30,2005, and heard testimony from city staff,the applicant,County of Fresno staff,and concerned neighbors. During the hearing several issues were discussed and the Planning Commission recommended that the applicant draft an alternative tract map design and continued the item to their January 18, 2006 hearing; and, WHEREAS,the Fresno City Planning Commission was presented an alternate tract map design on January 18, 2006 and the Planning Commission heard testimony again from city staff,the applicant, County of Fresno staff, and concerned neighbors. During this hearing, the Planning Commission again took action to continue the project and recommended that the applicant draft additional alternative subdivision designs that would decrease the proposed density of the subdivision and would also minimize some of the neighbor's concerns; and, WHEREAS, during the February 15, 2006, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change; and, WHEREAS, at that same hearing the Commission reviewed related Tentative Tract Map No. 5449 proposing to subdivide the property into a 101-lot, single family residential subdivision; and, Planning Commission Resolution No. 12400 Rezone Application No. R-05-22 February 15, 2006 T. Page 2 WHEREAS, three neighbors voiced various concerns pertaining to traffic and a change in the overall ambiance of the neighborhood. 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 the rezone application 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 (MSIR No. 10130)dated September 29, 2005, prepared for Environmental Assessment No. R-05-22/T-5449. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1 (Single Family Residential) zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Kissler. VOTING: Ayes - DiBuduo, Kissler, Vang, Vasquez Noes - Cherry Not Voting - Holt, Torossian Absent - None DATED: February 15, 2006 YOVINO, Secretary Fres City Planning Commission Resolution No. 12400 Rezone Application No. R-05-22 Filed by Valley Pacific Builders Action: Recommend Approval 1C1M-tw Fim-Tnc1 McP.%T t 5"S 0~M-0-(R-0&22r 1-05-=PC Rmo 12400AX f Exhibit A Order No. 251331 Page 1 of 1 Parcel No. 1: APN 472-022-20 Lot 70, the North half of LOT 91 and those portions of Lots 69 and the North half of Lot 92- of 2of Easterby Rancho, in the City of Fresno, County of Fresno, State of California, according To The map thereof recorded in Book 2 page 6 of Plais, Fresno County Records, lying West of a line drawn parallel with and 629.31 feet West of the East line of the Northwest quarter of Section 8, Township 14 South, Range 21 East, Mount Diablo Baso and Meridian, according to he Official Plats thereof. &-cepting therefrom the North 20 feet of the hereinabove described Lots 69 arid 70. Also Excepting therefrom the Westerly 135.42 feet of Lots 70 and 91 of Easterby Rancho according to the Map thereof recorded in Book 2 of Plats, at Page 6 Fresno County Records, lying in the Northwest quarter of Section.8, Township 14 South, Range 2-1 East, Mount Diablo Base and Meridian. Excluding from the above exception the North 20.00 feet of said lot 70 and also excluding from the above exception the South 953.15 feet of said Lot 91, as granted to the Fresno Unified School District, a California Unified School District, in that certain Grant Deed recorded September 1.1, 1998 as instrument No. 98-1.29636,Fresno.County Records. Parcel No. 2: APN 472-022-15 The South one-half of Lot 91 and that portion of the South half of Lot 92 of Easterby Rancho, according to the Map thereof recorded in Book 2 of Plats, at page 6, Fresno County Records, lying West of a line drawn parallel with and 629.21 feet West of the East line of the Northwest one-quarter of Section 8, Township 14 South,.Range 21 East, Mount Diablo Base and Meridian, according to tho Official Plats thereof. Excepting therefrom that portion of the Northwest quarter of Section 8, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, being also those portions of the South half of Lots 91 and 92 of Easterby Rancho, according To the Map thereof recorded in Book 2 at page 6 of Plats, Fresno County Records and .more particularly described as Beginning at the Southeast corner of the Northwest quarter of said Section 8; thence South 89149'32"Wast, along the south line of said Northwest quarter, a distance of 629.21 feet; thence North 0"10'28".WesT, parallel and 625.21 feet West from the East line of said NorThwest quarter, a distance of 20.00 feet To a point of The south line of Lot 92 of Easterby Rancho and the True Point of Beginning; thence North 0110'28"West, continuing along said parallel line, a distance of 140.00 feet; thence South 89149'32" \L__- ll 1 h d i ,ti iu"l i r Ainnn rrcni tr:d tz ni it'n iine of ziiel i cjs 1 and .72, a . YYG�I, }�araual rJiui alio It 40.10-01 �8$ . .,. distance of 120.00 feet; thence South 00° 10'2_8" East, parat fel with the East. line of said Northwest quarter, a dis<anca cf 140.00 feet to a point cn the Sc,-,Th line of said Lo: 91 ; thence North 89 149'32" EasT, along the South line of lots 93 and 91, a distance of 210.00 feet to the True Point of. Beginning. FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12401 ,The Fresno City Planning Commission at its regular meeting on February 15, 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, Tentative Tract Map No. 5449 was filed with the City of Fresno and proposes to subdivide the subject property into a 101-lot single family residential subdivision on approximately 25 acres of property located on the north side of East Butler Avenue between South Peach and South Minnewawa Avenues; and, WHEREAS, the Fresno City Planning Commission, reviewed the subject rezone application in accordance with the policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; and, WHEREAS,the Fresno City Planning Commission originally heard this item on November 30,2005, and heard testimony from city staff,the applicant, County of Fresno staff,and concerned neighbors. During the hearing several issues were discussed and the Planning Commission recommended that the applicant draft an alternative tract map design and continued the item to their January 18, 2006 hearing; and, WHEREAS,the Fresno City Planning Commission was presented an alternate tract map design on January 18,2006 and the Planning Commission heard testimonyagain from city staff,the applicant, County of Fresno staff, and concerned neighbors. During this hearing, the Planning Commission again took action to continue the project and recommended that. the applicant draft additional alternative subdivision designs that would decrease the proposed density of the subdivision and would also minimize some of the neighbor's concerns; and, WHEREAS, during the February 15, 2006, hearing, the Commission received a staff report, including five subdivision designs, and related information, environmental documents and considered testimony regarding the requested zoning change; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to compliance with the conditions of approval contained in the staff report dated January 18, 2006; and, WHEREAS, at that same hearing the Commission reviewed related Rezone Application No. R-05-22 proposing to reclassify 25 acres of an overall 35 acre subject property from the AL-20 (Limited Twenty Acre Agricultural (County of Fresno]) zone district to the R-1 (Single Family Residential zone district; and, . WHEREAS, the Fresno City Planning Commission conducted a public hearing on February 15, 2006, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, WHEREAS, three neighbors voiced various concerns pertaining to traffic and a change in the overall ambiance of the neighborhood. 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 the tentative tract Planning Commission Resolution No. 12401 Tentative Tract Map No. 5449 February 15, 2006 Page 2 map 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 September 29, 2005, prepared for Environmental Assessment No. R-05-22/T-5449. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map subject is consistent with the adopted 2025 Fresno General Plan and the Roosevelt Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Tentative Tract Map No.5449 (Exhibit D)subject to the Planning and Development Department Conditions of Approval dated January 18, 2005 and the following additions and modifications to said conditions: 1. Condition No. 14, shall be modified as follows: Provide a minimum 23-foot pedestrian easement, along with landscaping, from East Lowe and East Liberty Avenues to promote walkability and allow water to drain from the east to the west as stated in the Fresno Metropolitan Flood Control District memorandum dated May 18,2005. The maximum length of the pedestrian easement maybe up to 140-feet in length. The pedestrian easement shall be reviewed and approved by the Public Works and Planning and Development Department Directors. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by <� Commissioner DiBuduo, seconded by Commissioner Cherry. VOTING: Ayes - DiBuduo, Kissler, Vang, Vasquez Noes - Cherry Not Voting - Holt, Torossian Absent - None DATED: February 15, 2006 tFreno OVINO, Secretary ty Planning Commission Resolution No. 12401 Tentative Tract Map No. 5449 Filed by Valley Pacific Builders Action: Approve K'Waa4r Rw-Tract MapaMact 5592 MwWu Floddguex(H-0S-at 8 C45-107)\itoada 6 OrdnU.SS92 PC Re dm .i �r 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 Dages SECONDED BY Perea BILL NO. B-43 ORDINANCE NO. 2006-42 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-05-22 has been filed with the City of Fresno by Valley Pacific Builders, applicant, on behalf of Pacific IV/TVI-12 LLC, property owners, to rezone property as described in attached Exhibit A; 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 public hearings on the 30`h day of November, 2005, the 18'h day of January 2006, and the 15L�' day of February, 2006, to consider Rezone Application No. R-05-22 and related Environmental Assessment No. R-05-22/T-5449, during which the Commission considered the environmental assessment and on the 15`h day of February recommended to the Council of the City of Fresno approval of the rezone application which proposes to amend the City's Zoning Ordinance on real property described hereinbelow from the AL-20 (Limited Twenty Acre Agricultural [County of Fresno]) zone district to the R-1 (Single Family Residential) zone district; and, WHEREAS, the Council of the City of Fresno, on the 4th day of April, 2006, received the recommendation of the Planning Commission. r i i Ordinance Amending Official Zone Map �`. Rezone Application No. R-05-22 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 Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MSIR No. 10130) dated September 29, 2005, prepared for Environmental Assessment No. R-05-22/T-5449 is hereby approved. SECTION 2. The Council finds the requested R-1 (Single Family Residential) zone district is consistent with the medium and medium-low density residential planned land use designations in accordance with Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied within all community plans. SECTION 3. The Council finds that the zone district of the real property described in attached Exhibit A, located in the County of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AL-20 (Limited Twenty Acre Agricultural[County of Fresno])zone district to the R-1 (Single Family Residential zone district. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage and upon annexation of the subject property into the City of Fresno and upon payment of required fire district"transitional fees." CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 4th day of April 2006, by the following vote: Ayes: Calhoun, Dages, Perea, Sterling, Westerlund, Duncan Noes_ Boyaj ian Absent: None Abstain: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: JAMES SANCHEZ Interim City Attorne By Deputy Rezone Application No. R-05-22 Filed by Valley Pacific Builders Assessor's Parcel Nos. 472-022-15 and 472- 022-20 KAMaster Files-Tract MapsUract 5449 Dawn Marple (R-05-22)IR-05-22 CC Ordinance Bill.doc Exhibit A Order No. 251331 . Page 1 of 1 Parcel No. 1: APN 472-022-20 Lai 70, the North half of l.ot 91 and Those portions of Lots 69 and the North half of Lot 92 of Easterby Rancho, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 2 page 6 of Plats, Fresno County Records, lying West of a fine drawn parallel with and 629.31 feet West of the East line of the Northwest quarter of Section 8, Township 14 South, Range 21 East, Mount Diablo Baso and Meridian, according to he Official Plats thereof. Excepting therefrom the North 20 feat of the hereinabove described Lots 69 and 70. Also Excepting therefrom the Westerly 135.42 feet of Lots 70 and 91 of Easterby Rancho according to the Map thereof recorded in Book 2 of Plats, at Page 6 Fresno County Records, lying in the Northwest quarter of Section.8, Township 14 South, Range 21 East, Mount Diablo Base and Meridian. Excluding from the above exception the North 20.00 feet of said lot 70 and also excluding from the above exception the South 963.15 feet of said Lot 91, as granted to the Fresno Unified School District, a California Unified School District, in that certain Grant Deed recorded September 11, 1998 as instrument No. 9B-129635,Fresno County Records. Parcel No. 2.: APN 472-022-15 - The South one-half of Lot 91 and that portion of the South half of Loi 92 of Easterby Rancho, according to the Map thereof recorded in Book 2 of Plats, at page 6, Fresno County Records, lying West of a line drawn parallel with and 629.21 feet West of the East line of the Northwest one-quarter of Section 8, Township 14 South, Range 71 East, Mount Diablo Base and Meridian, according to the Official Plats thereof. Excepting therefrom that portion of the Northwest quarter of Section 8, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, being also those portions of the South half of Lots 91 and 92 of Easterby Rancho, according to the Map thereof recorded in Book 2 at page 6 of Plats. Fresno County Records and more particularly described as follows; Beginning at The Southeast corner of the Northwest quarter of said Section 8; thence South 89149'32" West, along the south fine of said Northwest quarter, a distance of 629.21 feet; thence North 0"10'28" West, parallel and 629.21 feet West frorn the East line of said Northwest quarter, a distance of 20.00 feet to a point of the south line of Lot 92 of Easterby Rancho and the True Point of Beginning; thence North 0°10'28" West, continuing along said parallel line, a distance of 140.00 feet; thence South B9 149'32" 1 i__� li..l i- .-: i ,it r"-) r or A:r..r tri frvn: rka .z..^it 1+1 lr C1q f saiel 1 l TC ti J A7 vvesz, paralial i l:zh anu l-r.�._. aSQk ] i alio .7Lj a distance of 120.00 feet; thence South 00° 10'28" East, parallel with the East line of said Northwest quarter, a distance of 140.00 feet to a point on the South line of said Lot 91; thence North 89°49'32" East, along the South line of lots 93 and 91, a distance of 210.00 feet to the True Point of Beginning. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JANUARY 18,2006 REVISED PER PLANNING COMMISSION DECISION ON FEBRUARY 15,2006 TENTATIVE TRACT MAP No. 5449 NORTH SIDE OF EAST BUTLER AVENUE BETWEEN SOUTH PEACH AND SOUTH MINNEWAWA 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 tentative map. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Tentative Tract Map No. 5449 entitled "Exhibit A," dated January 18, 2006, the subdivider may prepare a Final Map in accordance with the approved tentative map and related Rezone Application No. R-05-22. 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 Tentative Tract Map No. 5449 January 18, 2006 Page 2 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law_ 10. Relinquish access rights to East Butler Avenue from all residential lots which abut this street. 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. 5449. 12. Provide enhanced landscaped entryways into the subdivision from East Butler Avenue. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 3 13. Install stamped concrete, paving stones, brick, flagstone, or other contrasting paving material along with "bulb-outs" in the street curb line to clearly demarcate the intersection of the proposed walking path at the intersections of South Orangewood and South Lind Avenues, and at two other locations (one on South Lind Avenue and another on South Orangewood Avenue) as approved by the Public Works and the Planning and Development Department Directors. Identify path material on Exhibit A of Tentative Tract Map No. 5449 dated January 18, 2006. Note that painted lines and/or speed bumps are not acceptable. Said contrasting paving materials along with "bulb-outs" in the street curb line are intended to act as traffic calming devices, without providing speed bumps. 14. Provide a minimum 23-foot pedestrian easement, along with landscaping, between proposed lots 48 and 49 17 and 32, 74 and 54, and 89 and 90. The maximum length of the pedestrian easement is 140-feet. The pedestrian easement shall be reviewed and approved by the Public Works and Planning and Development Department Directors. 15. Provide anti-graffiti landscaping for the required block wall along East Butler Avenue and at the intersection of East Butler and South Villa Avenues. 16. Prior to the development, sale, lease or finance of the remainder portion a "Certificate of Compliance" shall be requested from the City of Fresno. Landscaping and Walls 17. Pursuant to Section 12-1011-f-of the FMC the developer/owner shall provide a 40-foot landscape easement (and irrigation system) along the southern properly lines of lots which back-onto East Butler Avenue. 18. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required 40-foot landscape easement along East Butler Avenue. 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. 19. Provide a corner cut-off area at the intersection of East Butler and South Villa Avenues 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. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 4 20. Construct a six foot high decorative masonry block wall at the rear of all parcels along the eastern property line. 21. 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. 22. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at (559) 621-8695 for information regarding the City's District. The property owners may petition the City for annexation to the City's District prior to final map approval. If approved by City Council, the following features may be maintained by the Community Facilities District see attached letter dated November 23, 2005. a. Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within any street, trail and landscape easements (including one half of any median islands) within East Butler Avenue and East Kings Canyon Road and bordering the tentative map. b. Maintenance of all sidewalks within East Butler Avenue and East Kings Canyon Road and bordering the tentative map. c. Maintenance of all interior local street pavement, curbs, gutters, sidewalks, medians and street furniture as approved by the Public Works Department within the boundary of the tentative map. d. Maintenance of street pavement, curbs, gutters, sidewalks, medians and street furniture as approved by the Public Works Department within South Villa and East Lowe Avenues to street centerline where they border the tentative map. e. Maintenance and operating costs of all street lights as approved by the Public Works Department within the boundary of the tentative map. f. Maintenance of all street trees as approved by the Public Works Department within the boundary of the tentative map. g. Maintenance and operating costs of police, fire, traffic control and recreation services as established by the Council of the City of Fresno. 23. 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 Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 5 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. 24. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 25. 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. Lot Dimensions and Areas 26. Pursuant to Section 12-211.5-B of the FMC, all parcels within the R-1 zone district must provide the following minimum standards: Width Interior lots: 60 feet Corner lots: 65 feet Reversed comer lots: 70 feet Curved/cul-de-sac lots: 40 feet Depth Lots facing local streets: 100 feet 27. Pursuant to Section 12-211.5 of the FMC, all lots shall have a minimum lot area of ,6,000 square feet. Building Setbacks 28. Building setbacks shall be in accordance with the R-1 zone district as shown on Exhibit A of Tentative Map Tract No. 5449 dated January 18, 2006, and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 6 29. No two story homes shall be constructed on proposed lots 35 thF961gh 48 through 54, 73 through 74, 79 through 81, 89 through 91, and 100 through 101, inclusive, on Tentative Tract Map No. 5449 dated January 18, 2006. Information 30. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school district's adopted schedule of fees. 31. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 32. 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. 33. 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, 34. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 35. 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. 36. 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. 37. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 7 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. 38. 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. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 39. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 4Q. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). SOLID WASTE SERVICE 41. Comply with the memorandum from Donna Leslie of the Public Utilities Department, Solid Waste Division dated May 10, 2005. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 8 PARK SERVICE 42. Comply with the memorandum from Ann Lillie of the Public Works Department dated May 19, 2005. FIRE SERVICE 43. This project is within two miles of Fire Station No. MV 88 and future Fire Station No. 15. 44. Provide residential hydrants and fire flows per Public Works Standards with two sources of water. 45. Access is acceptable as shown on Tentative Tract Map No. 5449 dated January 18, 2006. 46. 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. STREETS AND RIGHTS-OF-WAY 47. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Acta 48. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are.required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to. accommodate for the four-foot minimum unobstructed path requirement. 49. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Pubic Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, c. Landscape and irrigation plans (median island and street trees within all parkways). Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 9 50. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78-522, 88-229. 51. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for scenic drives (East Butler Avenue) and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 52. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 53. 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. 54. Comply with the memoranda from the Public Works Department, Engineering Division both dated. Comply with the memorandum from the Public Works Department, Engineering Division dated May 19, 2005, and January 13, 2006 (two memorandums, one to the attention of VRPA Technologies while the other is to the attention of Dawn Marple) MAJOR STREETS East Butler Avenue (Scenic Drive): 55. Dedicate 30 feet of property, from section line, for public street purposes within the limits of this subdivision. 56. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. The curb pattern shall be constructed to a 10-foot residential pattern within the limits of this tract. Meander the sidewalk to eliminate impacts to the existing olive trees. Dedicate a pedestrian easement, as necessary to accommodate the meandering sidewalk. 57. Construct 20-feet of permanent paving (measured from face of curb) within the limits of this subdivision. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 10 58. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. 59. Relinquish direct access rights to East Butler Avenue from all lots within this tract. INTERIOR STREETS 60. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de- sacs, and underground street lighting system on all interior streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 50 and 60 foot streets. 61. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. Specific Requirements 62. 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. 63. Dedicate 30-feet of property from center line for street right of way along South Villa Avenue. Full off-site improvements are required on the east side. 64. Vacate the existing street right of way (30' from center line) adjacent to lot 4-3 31. Vacate a portion of right of way to create a 50' property line radius at the southeast corner of Lowe and Villa. Remove and replace exiting improvements to Public Works _ Standards. A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to the approval of the tentative map. Reserve 23' for pedestrian purposes. 14 and @ and 68 aIGRg East I ibeFty nVeR 66. Dedicate a 23-foot pedestrian easement adjacent to lots 18 and 49 17 and 32, 74 and 54, and 89 and 90. See Exhibit "B". 4-99-. 69. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 11 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 (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. 70. The Owner/Developer shall signalize the intersection of South Peach and East Butler Avenues. Said signal shall be placed at its ultimate location based on the 2025 Fresno General Plan Circulation Element. This proposed construction of this signal shall include, but not limited to the following: a. The intersection shall be signalized to City of Fresno Standards complete with actuation, left turn phasing for the eastbound; westbound; and northbound approaches; and signal pre-emption. 1. Eligible signal work done by the developer is eligible for credit towards the TSMI (Traffic Signal Mitigation Impact) fee. 2. Eligible signal work done by this developer in excess of this projects TSMI fee obligation shall be reimbursable under the City's TSMI program, as approved by the Public Works Department. 3. Eligible signal work at this intersection can be credited against the required TSMI fee. 71. The City of Fresno has established a geometric layout and cost estimate for the improvements of the intersection of East Kings Canyon Road and South Minnewawa Avenue. The cost is estimated to be $260,000. Based on the equitable fair share percentage, the impact is 0.6%, which results in the amount of $1,560 mitigation fee. This fee is not eligible for fee credit or reimbursement as described in the Public Works Memorandum dated May 19, 2005. 72. The project shall pay its TSMI fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount for Tentative Tract Map No. 5449 is 442 101 (units) x 414.69 (fee rate as shown in the Master Fee Schedule) _ $46,439.68 $41,883.69. SANITARY SEWER SERVICE 73. The following conditions are required to provide sewer service to the tract: 74. Construct an 8-inch sanitary sewer main in South Villa Avenue from East Butler Avenue north to East Lowe Avenue. 75. All sanitary sewer mains shall be extended within the proposed tract to provide service to each:lot. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 12 76. Abandon all existing on-site private sanitary sewer system. 77. A preliminary sewer design layout shall be prepared by the Developers Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developer's final map and engineered plan and profile improvement drawing for City review. 78. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 79. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for review and approval for any proposed additions to the sanitary sewer system. WATER SERVICE 80. The following conditions are required to provide water service to the tract: 81. Construct an 8-inch water main in South Villa Avenue from East Butler Avenue to East Lowe Avenue. 82. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 83. Separate water services with meter boxes shall be provided to each lot created. 84. 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. 85. Seal and abandon existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of Fresno standards. 86. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 87. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. 88. Installation of public fire hydrant(s) is required in accordance with City Standards. 89. Payment for installation of water service(s) and/or meter(s) is required. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 13 Right-of-Way Acquisition 90. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 91. 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. 92. 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. 93. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 94. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs - necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 95. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Planning and Development Department dated May 18, 2005. 96. 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. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 14 FRESNO IRRIGATION DISTRICT 97. The developer/owner shall comply with the requirements in the letter from the Fresno Irrigation District dated April 21, 2005. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 98. The developer/owner shall comply with -the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated May 5, 2005. CALTRANS 99. Consider the attached letter from Caltrans dated May 3, 2005. DEVELOPMENT FEES AND CHARGES 100. This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge $0.10/sq. ft. (to 100' depth) b. Oversize Charge $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge N/A Service Area: d. Wastewater Facilities Charge $2,119/living unit e. Copper Avenue Sewer Lift Station Charge N/A f. Fowler Trunk Sewer Interim Fee Surety N/A g. House Branch Sewer Charge N/A h. Millbrook Overlay Sewer N/A WATER CONNECTION CHARGES FEE RATE i. Service Connection Charge: Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. Conditions of Approval Tentative Tract Map No. 5449 January 18, 2006 Page 15 j. Frontage Charge $6.50/lineal foot k. Transmission Grid Main Charge $643/gross acre (parcels 5 gross acres or more) I. Transmission Grid Main Bond Debt $243/gorss acre (parcels 5 Service Charge gross acres or more) m. UGM Water Supply Fee N/A Service Area: n. Well Head Treatment Fee N/A Service Area: 501 o. Recharge Fee N/A Service Area: 501 P. 1994 Bond Debt Service N/A Service Area: 501 DEVELOPMENT IMPACT FEE q. Northeast Fresno Policing Area N/A r. Traffic Signal Charge $414.96/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE' s. UGM Fire Station Capital Fee N/A Service Area: 15 t. UGM Park Fee N/A Service Area: 2 u. Major Street Charge N/A Service Area: D-1/E-2 v. Major Street Bridge Charge N/A Service Area: D-1/E-2 w. UGM Grade Separation Fee N/A x. Trunk Sewer Charge N/A Service Area: y. 'Street Acquisition/Construction Charge N/A City of DATE: January 13, 2006 TO: Dawn Marple, Planner II Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5449, Public Works Conditions of Approval (Butler: between Peach and Minnewawa) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5449, which was submitted by VALLEY PACIFIC BUILDERS INC. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Not shown at Villa and Lyell. Include on all new streets. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 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 and Streetlight and Trail Lighting, Signing and Striping. Frontage Improvement Requirements: Major Streets: Butler Avenue: Scenic Drive 1. Dedicate 30' of property, from section line, for public street purposes within the limits of this subdivision. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb pattern shall be constructed to a 10' residential pattern. Meander the sidewalk to eliminate impacts to the existing olive trees. Dedicate a pedestrian easement, as necessary to accommodate the meandering sidewalk. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 4. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. Page 1 of 3 C:\Louise\TRA.CT MAPS\T-5449 revision BUTLER BTWN PEACH AND MINNEWAWA.doc 5. Relinquish direct vehicular access rights to Butler Avenue from all lots within this subdivision. Interior Streets: Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for 50' and 60' streets. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Mitigation Requirements: 1. This tract will generate 83 a.m.1111 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) has been submitted and will be reviewed upon receipt of payment for its review. Should the final TIS report indicate the need for additional mitigations they shall be a condition of this tentative tract map. Until the TIS is reviewed and approved by the Traffic Engineering Manager, this project should not go before the Planning Commission. 2. 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. 3. South Villa Avenue: Dedicate 30' from center line for street right of way. Full offsite improvements are required on the east side. 4. East Lowe Avenue: Vacate the existing Bed+sate street right of way (30' from center line) adjacent to lot 1. Vacate a portion of right of way to create a 50' property line radius at the southeast corner of Lowe and Villa. Remove and replace exiting improvements to Public Works Standards. . A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to the approval of the tentative map. Reserve 23' for pedestrian purposes. 5. Dedicate a 23'pedestrian easement adjacent to lots 57 and 58. See Exhibit "B". 6. Provide a connecting street from Lind to Orangewood approximately at lots 82 and 101. 7. East Lye!! AveRue� QediGate 25' eR the Rerth and sGuth side ef the GeRteF liRe adjaGeRt tG lets 4 and 65. 8. Provide a 24'paved street on Lowe and Liberty from Lind to Minnewawa and construct a 2" overlay. 9. Signalize the intersection of Peach at Butler, complete with actuation and signal pre-emption. Signalization of this intersection shall leave the Median Diverter in place as part of the signal construction unless a specific plan amendment is completed and approved by Council to allow for its removal. Traffic Signal Mitigation Impact Fee: This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is $414.69 per single family unit, (fee rate as shown in the Master Fee Schedule). Page 2 of 3 CALouise\TRACT MAPSIT-5449 revision BUTLER BTWN PEACH AND MINNEWAWA.doc CITY OF FRESNO PUBLIC WORKS DEPARTMENT GAD PLAN CHECK GUIDE & REQUIREMENTS LIST ❑ RECORD PLAN INFORMATION IN PLAN CHECK LOG ❑ LANE CONFIGURATIONS MATCH CONDITIONS OF APPROVAL ❑ TURN POCKET LENGTHS ARE CALLED OUT AND CORRESPOND TO QUEUE LENGTHS IN TRAFFIC IMPACT STUDY ❑ EXISTING AND PROPOSED CURBS AND MEDIAN ISLANDS ARE CLEARLY SHOWN ❑ PERTINENT FEATURES SUCH AS EXISTING PARCELS, RAILROADS, FID CANALS ❑ CONFORMS TO EXISTING CONDITIONS AT PROJECT LIMITS ❑ EXISTING LANE WIDTHS ARE CALLED OUT AT CONFORM AREAS ❑ GAD SHOWS PROPOSED WIDTH OF STREET RM/, CURB-TO-CURB DISTANCE, ALL TRAFFIC LANES, BIKE LANES, PARKING LANES AND MEDIAN ISLANDS ❑ GAD CALLS OUT TRANSITION LENGTHS AND TAPERS EXPRESSED AS TRANSITION LENGTH PER OFFSET WIDTH (I.E. 50:1 TAPER WOULD BE A 600' TRANSITION FOR A 12' OFFSET) ❑ ALL CURVE DATA IS CALLED OUT. WHERE CURVES ARE CONCENTRIC, ONLY THE C/L OR CURB LINE NEEDS TO BE CALLED OUT. ❑ THE C/L IS MATHEMATICALLY DEFINED WITH HORIZONTAL CONTROL IN CASES WHERE THE C/L DOES NOT FOLLOW THE SECTION LINE ❑ BEARINGS AND DISTANCES ARE PROVIDED WHERE THE C/L OF CONSTRUCTION (NEW C/L OR SECTION LINE) IS NOT PARALLEL TO THE PROPOSED R/W, OR WHERE THE TWO SIDES OF A DIVIDED ROADWAY ARE NOT PARALLEL. ❑ SHOW TRUCK TURNING TEMPLATES FOR ALL DUAL LEFT OR DUAL RIGHT TURNS AND ROUNDABOUTS ❑ CROSSWALK LAYOUTS MEET CITY STANDARDS (4' FROM FACE OF CURB AT RAMP, 10'WIDE, NO DOGLEGS, MEDIAN NOSES CLEAR OF CROSSWALK) ❑ PLANS INCLUDE PROJECT REFERENCE INFORMATION (Site Plan No., C.U.P. No., Rezone No., Parcel Map No. or C.I.P. No. (PW ID, Fund, Org, KRA), NORTH ARROW, SCALE, TITLE BLOCK, OWNER'S NAME, ENGINEER PREPARED BY) ❑ FOR PROJECTS INCLUDING SIGNIFICANT VERTICAL GRADE CHANGES INCORPORATING MULTIPLE GRADE BREAKS OR VERTICAL CURVES, THE GAD SHOULD INCLUDE A PROPOSED MAJOR STREET C/L PROFILE (NOT NECESSARY FOR TYPICAL ROUTINE PROJECTS) Page 3 of 3 C:\Louise\TRACT MAPS\T-5449 revision BUTLER BTWN PEACH AND MINNEWAWA.doc City of PUBLIC WORKS DEPARTMENT: DATE: June 6, 2005 TO: Dawn Marple, Planner II Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E.; Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Monroe, Supervising Engineering Technician Public Works Department, Engineering Division, Traffic Planning Sectio REZONE APPLICATION NO. R-05-022 OWNER (S): Thomas Mouradick APN (S): 472-022-15 & 20 FROM: AE-20 TO: R-1 LOCATION: Butler: between Peach and Minnewawa Comments/Concerns: 1. Trip Generation a. Existing: 10 Vehicle Trips per Day (VTD) b. Proposed: 1053 Vehicle Trips per Day (VTD) AM Total Peak: 83 Trips PM Total Peak: 111 Trips 2. Highway Capacity a. Butler Avenue: Scenic Drive 1. Existing Lanes: 2 lanes undivided 10,000 VTD 2. Year Counted: 2002 east of Peach 3,561 VTD 3. Projected Lanes: 2 lanes undivided 10,000 VTD Note: The City of Fresno's current records are either out of date or not existing at this location. In an effort to get a better understanding of traffic impacts due to the development of this property at the requested zoning, the owner/developer shall provide the City of Fresno's Traffic Planning Section with a 24 hour volume count report. The report shall show the actual "raw" count taken on a Tuesday, Wednesday or Thursday. Holidays are to be excluded. (Counts cannot be taken during any given week containing a federal holiday.) Contact Public Works, Traffic Planning, at (559) 621-8600, for additional information and Engineering Services at (559) 621-8690 for Street Work Permit requirements. 3. Traffic Impact Study (TIS) required: Yes Page 1 of 2 C:1Louise\REZ0NEIR-05-022 BUTLER&VILLA.doc If yes, the Developer/Owner should consult with the City of Fresno Traffic Engineering Section for the scope of the Traffic Impact Study (TIS). A trip trace for the proposed project should be provided prior to consulting with the Traffic Engineering Section. The TIS shall identify the mitigation measures, which would mitigate the project and/or other related projects' significant impacts to a level of insignificance. Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b. Page 2 of 2 CALouise\REZ0NE\R-05-022 BUTLER&VILLA doc City of Lm-15F-M g_% I DATE: May 19, 2005 TO: Dawn Marple, Planner II Development Department, Planning Division AL THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Divisio —SUBJECT: TT 5449, Public Works Conditions of Approval (Butler: between Peach and Minnewawa) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5449, which was submitted by VALLEY PACIFIC BUILDERS INC. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 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 and Streetlight and Trail Lighting, Signing and Striping. Frontage Improvement Requirements: Major Streets: Butler Avenue: Scenic Drive 1. Dedicate 30' of property, from section line, for public street purposes within the limits of this subdivision. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb pattern shall be constructed to a 10' residential pattern. Meander the sidewalk to eliminate impacts to the existing olive trees. Dedicate a pedestrian easement, as necessary to accommodate the meandering sidewalk. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 4. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. 5. Relinquish direct vehicular access rights to Butler Avenue from all lots within this subdivision. Page 1 of 2 C:\Louise\TRACT MAPS\T-5449 BUTLER BTWN PEACH AND MINNEWAWA.doc Interior Streets: Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards for 50' and 60' streets. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Mitigation Requirements: . 1. This tract will generate 83 a.m. / 111 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) has been submitted and will be reviewed upon receipt of payment for its review. Should the final TIS report indicate the need for additional mitigations they shall be a condition of this tentative tract map. Until the TIS is reviewed and approved by the Traffic Engineering Manager, this project should not go before the Planning Commission. 2. 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. 3. South Villa Avenue: Dedicate 30' from center line for street right of way. Full offsite improvements are required on the east side. 4. East Lowe Avenue: Dedicate 30' from center line for street right of way. Full offsite improvements are required on the south side adjacent to lot 1 and on both sides adjacent to lots 54 and 55. 5. East Lyell Avenue: Dedicate 25' on the north and south side of the center line adjacent to lots 11 and 65. 6. Signalize the intersection of Peach at Butler, complete with actuation and signal pre-emption. Signalization of this intersection shall leave the Median Diverter in place as part of the signal construction unless a specific plan amendment is completed and approved by Council to allow for its removal. Page 2of2 CALouise\TRACT MAPSIT-5449 BUTLER BTWN PEACH AND MINNEWAWA.doc Fresno i,mv=city City of City Hall 559-621-8800 Public Works Department 2600 Fresno Street, Rm.4064 David Healey, Director Fresno, CA 93721-3623 www.fresno.Qov May 19, 2005 VRPA Technologies Amy Clark-Fischer 4630 W. Jennifer Avenue Fresno, CA 93722 SUBJECT: .TRAFFIC IMPACT STUDY (TIS) REVIEW FOR THE PROPOSED SUBDIVISION T5449 This project proposes to construct 110 single family residential units located on the southwest corner of Shields and Cornelia Avenue and is expected to be build out by 2006. Based on the ITE Trip Generation manual it is estimated that this project will generate 87 am and 117 pm peak hour trips. The Traffic Engineering Section has reviewed the traffic impact study dated February 24, 2005 and has the following comments: As a mitigation measure,this project shall: 1. As a condition of this.project, the Owner/Developer shall signalize the intersection of Peach and Butler Avenue. Said signals shall be placed at its ultimate location based on the 2025 General Plan Circulation Element. The construction of this signal shall include, but not limited to the following: a. The intersection shall be signalized to City of Fresno Standards complete with actuation, left tum phasing for the eastbound; westbound; and northbound approaches; and signal pre-emption. 1. Eligible signal work done by the developer is eligible for credit towards the TSMI fee up to the above amount. 2. Eligible signal work done by this developer in excess of this projects TSMI fee obligation shall be reimbursable under the City's TSMI program, as approved by the Public Works Department. 3. Eligible signal work at this intersection can be credited against the required Traffic Signal Mitigation Impact Fee (TSMI fee) in item number 3 below. 2. The City of Fresno has established a geometric layout and cost estimate for the improvements of the intersection of Kings Canyon Road at Minnewawa Avenue. The cost is estimated to be $260,000. Based on the equitable fair share percentage, the impact is .6%, which results in the :amount of$1,560 mitigation fee. This fee is not eligible for fee credit or reimburstrnent. This was based on the following formula: .i _ G:\TratFc Impact Jtudies%TS449 .eview.doc Calculations for Kings Canyon Road at Minnewawa Avenue: EquitableShare = I- = .006 :> .6°o (4,606-2,534 P= P f —e Where, P=Fair share percentage p=The higher of the AM or PM Peak hour project trips without General Plan Amendment(G.P.A.) f--Total 2025 corresponding future peak hour traffic without project. e=Existing traffic. 3. This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit with the above mentioned mitigation measure(s). Assuming the site develops consistent with the proposed uses as depicted in the traffic impact study, this project would pay: 110 (Units) X$414.69 (Fee rate as described in the adopted Master Fee Schedule) _ $45,616 If you have any questions, please do not hesitate on contacting David Padilla at David.Padilla anfresno.aov or at 621-8798. Sincerely, Jose Luis Benavides, P.E., Traffic Engineering Manager Public Works Department, Engineering Services C: Traffic Planning Reading File Louise Monroe,Supervising Engineering Technician, City of Fresno (;`.Traffic Impact Studies751 F9 Rai iew.duc City of PUBLIC WORKS DEPARTMENT REVISED DATE: November 23, 2005 TO: DAWN MARPLE, Planner 11 Planning and Development Department FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5449 AND COMMUNITY FACILITIES DISTRICT 1. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. If approved by Council, the following features may be maintained by a Community Facilities District. • Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within any street, trail and landscape easements (including one half of any median islands) within E. Butler Avenue and E. Kings Canyon Road and bordering the tentative map. ■ Maintenance of all Sidewalks within E. Butler Avenue and E. Kings Canyon Road and bordering the tentative map. ■ Maintenance of all interior Local Street Pavement, Curbs, Gutters, Sidewalks, Medians and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. • Maintenance of Street Pavement, Curbs, Gutters, Sidewalks, Medians and Street Fumiture as approved by the Public Works Department within S. Villa and E. Lowe Avenues to street centerline where they border the tentative map. ■ Maintenance and Operating costs of all Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance and operating costs of police, fire, traffic control and recreation services as established by the Council of the City of Fresno. 2. Proceedings to place the Final Map into a CFD may not commence until the territory has been annexed into the City of Fresno. 3. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. This shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. 4. Should the Council or owner/developer choose not to include the maintenance of the items listed in section 1 above in a CFD, the property owner/developer shall provide for the maintenance of all of the above items by the property owners. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me at 621-8695. c:PW File No. 10770 File:lwordlcfd2lttmapreviewitt5449 conditions City of Department of Public Utilities Solid Waste Division 1325 E. EI Dorado Fresno, California 93706-2014 (559) 621-1452 www.fresno.gov May 10, 2005 TO: Dawn Marple, Planner II Development Department, Planning Division -vision THROUGH: Robert Weakley, Chief of Operations 9 Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistant`s Department of Public Utilities, Solid Waste Division SUBJECT: TT 5449, Solid Waste Conditions of Approval The Department of Public.Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5449 which was submitted by Lars Andersen&Associates,Inc. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5449 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: I Gray container for solid waste, 1 Green container for green waste and I Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. D E P A R T M E N T O F P U B L I C W O R K S TO: Dawn Marple, Planner III Planning Division FROM: Ann Lillie,Senior Engineering Technician(559.621.8690) DATE: May 19, 2005 SUBJECT: Tentative Subdivision Map T-5449 (Located southwest comer of East Butler and South Villa Avenue between Kings Canyon and Butler) The Department of Public Works has reviewed the Tentative Subdivision Map proposed by Valley Pacific Builders Inc., on engineering plans prepared by Lars Andersen&Associates, dated April 11, 2005. The Department of Public Works offers the following comments regarding the Street Tree,Buffer/Parkway and Median Island Landscape conditions. GENERAL REQUIREMENTS STREET TREES REQ UIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and the dedication planting and buffer landscaping easements. A thirty(30)foot landscape easement is required along the frontage of East Butler Avenue as per the Department Public Works standards. Street trees shall be planted at the rate of one tree for each 60'of street frontage. Street trees shall be planted by the Developer. The subdivider is required to provide automatic drip irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME East Butler Avenue Quercus wislizenii-Interior Live Oak South Villa Avenue Pistacia chinensis -Chinese Pistache East Alta Avenue Pistacia chinensis-Chinese Pistache East Lyell Avenue Celtis australis-European Hackberry South Orangewood Drive Sapium sebiferum-Chinese Tallow South Lind Avenue Celtis australis-European Hackberry East Lowe Avenue Pistacia chinensis-Chinese Pistache 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60'of street frontage, or one tree per lot having street frontage,whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public street frontage.or one tree per lot whichever is greater. b. Trees shall be planted in accordance with the City of Fresno, Department of Public Works "Standard Specifications." c. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall be reviewed and approved by the Department of Public Works,Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities,paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. ADDITIONAL REQUIREMENTS Trees planted within the right-of-way shall be planted by the property owner after first obtaining a street tree planting permit and a street work permit. Trees planted in the right of way shall be located with the following minimum setbacks: 30'from street corners & stop signs 20'from light poles & other acceptable trees 15'from alleys and power poles 10'from driveways & fire hydrants 8'from sewer lines 6from concrete improvements,unless otherwise shown on plans 5'from building overhangs 3'from gas, electrical, water lines and adjoining property line Street trees shall be planted in accordance with City of Fresno, Public Works Specifications. HISTORIC OLIVE TREES 1. The developer is required to comply with the following conditions for the historic olive planting along East Butler Avenue: a. Remove and transplant existing olive trees into proposed landscaped areas. b. Replace each tree lost with 90"boxed olive trees with a trunk diameter of 10"-16" and a height of 12'-25'. c. An Arborist shall be hired by the developer to generate a report determining those olive trees that are recommended for relocation or replacement. A copy of such report shall be provided to the Planning Division and the Public Works Engineering and Streets Divisions. 2. Transplanting Guidelines for Historic Olive Trees are as follows: a. One to three years prior to transplanting, root prune and thin foliage to compensate for root loss. b. Schedule routine watering to encourage such new root growth, and improve the vigor of the trees. c. Prepare the site at finish grade where the trees are to be relocated. Incorporate soil amendments and pre-irrigate to encourage microorganism activity in the soil. Prevent soil compaction in planting area during street construction. d. Transplant trees when daily temperatures do not exceed 60 degrees. e. Transplant only those trees as determined by the Arborist and that can be moved with a tree spade. BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags, signs or identification of any kind shall be permitted in the right-of-way,within the City-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQ UIREMENTS 1. When median islands front onto the proposed development project,applicants shall be required to submit plans showing the location and configuration of all median islands fronting the proposed project for review and evaluation for median island landscaping requirements. Existing utilities, including, but not limited to city water lines/service points, sanitary sewer, storm drains, electrical lines, existing landscaping including trees, shrubs, ground cover beds, irrigation facilities,and other miscellaneous landscape features shall also be clearly defined. If a new median is required by the Traffic Division, the median island landscaping, irrigation and water services shall be applied. OUTLOTS 1. THE DEPARTMENT OF PUBLIC WORKS will not be responsible for the maintenance of any outlots if they are not included into the CFD2. If the outlots are to be included into the CFD2, the Department of Public Works will require approving landscape and irrigation plans prior to inclusion into the CFD2. File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager VALLEY PACIFIC BUILDERS, INC. Planning & Development Department 4950 E. YALE AVE., SUITE 101 City of Fresno FRESNO, CA 93727 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5449 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " PP - DRAINAGE AREA PP $88,205.00 DATE 5- 1 a —0 5 DRAINAGE AREA - - TOTAL FEE $88,205.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5449 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. .7 X d. See Exhibit No. 2. 5. The proposed development: X Appears to be located within a X 500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy. Does not appear to be located within a flood prone area. 5"9 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, gft eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. A mom b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is AAk required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling, and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5449 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3294 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. g. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. :Gerald E. Lakeman, Proj t Engineer: Jamie Miller District Engineer C: LARS ANDERSEN & ASSOC., INC. 4630 W. JACQUELYN AVE., SUITE 119 .FRESNO, CA 9.) 5449 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROM ATE. I I 1 --k-- -- -4Z- K N 42` "Y" — i 1113P.1 ----------- ---------- I I W I I I ¢ I I I W ! > LU I >�1 ' � W z z SCALE I"=400' 1 � I -- - 1 NE AVE. LOWE AVE. i �� W AVE I�N I I AQ APN# 1 II 472-020-09 II 7 I 11 LIBERTY AVE. r---------- ¢ LIBERTY -- -- I ¢ , I I J r LYELL AVE. I > I APN# I II I I-————————-- Existing Type e F Inlet To 472-020-12 I I N I Be Replaced w/Master I II I I Plan Inlet r j it I 36" 30" I N ..�' 30" •'PP" 30" ' —— ..P. — BUTLER AVE. "BE" LEGEND F— Master Plan Facilities To Be Constructed By Developer- ® Existing Temporary Inlet Pipeline(size Shawn)&Inlet. Drainage Area Boundary �.............. Master Plan Facilities To Be Constructed By District ��. —————— Inlet Boundary p——— Existing Master Plan Facilities 0-- Future Master Plan Facilities Direction Of Drainage TRACT 5449 DRAINAGE AREA: "PP" +i EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT . - DRAYMBY: MM WE 91105 OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. Lowe and Liberty Avenues must remain thru streets as shown on the map to maintain existing drainage patterns. The District recommends a stub street from Tentative Tract 5449 to Tentative Tract 5387 and the remainder portion shown on the map dated March 9, 2005 and as identified on Exhibit No. 1. This is necessary to allow surface drainage from the aforementioned areas to reach the future Master Plan inlet located on Villa Avenue. Additionally,the Developer of Tentative Tract 5449 must provide passage for major storm flows from APN 472-020-09, APN 472-020-12, Tentative Tract 5387, and the remainder portion of Tentative Tract 5449 to reach Villa Avenue. If the stub streets are not constructed,then the Developer will be responsible for the construction of a surface flowage channel, and dedication of a Surface Channel easement for each area not provided with a stub street. The Construction of"Master Plan facilities to be constructed by District"and"Master Plan facilities to be constructed by Developer",as shown on Exhibit No. 1,will provide permanent drainage service to Tract 5449. In accordance with District policy, in so much as the Butler Avenue pipeline is generally outside the limits of Tract 5449, the District will provide for the construction of this pipeline. To assist in the funding of said District project,the District will require the Developer pay the drainage fee obligation listed on the cover sheet of this Notice prior to the awarding of the District's contract. The Developer's construction costs will be reimbursed upon completion of the Developer's and District's storm drain projects. Development No. Tract 5449 engr\pe rm i is\exh i b it2\tract\54490 m) FLOOD PLAIN POLICY Primary Flood Plains Because of the relatively high velocities and volumes of flood flow associated with primary flood plains, and because the primary flood plain is responsible for passing the greatest percentage of the flood event, development located in such flood plains is subject to substantial risk,both to itself and to others as a result of the potential for blockage and diversion of flood waters. In view of these factors, the following policy statement is proposed: Policy 1) All proposed development activity shall be the subject of a detailed hydrological flood hazard investigation to determine the relationship of the proposed development to the secondary flood plain and the primary flood plain; and,further,to identify the estimated high water elevation of the 100- year flood event. 2) All development and/or permanent improvement activity which, if located within the primary floodway, may unduly impede, retard, or change the direction of flow of water either,by itself, or by the catching or collecting of other debris or is placed where the flow of water would carry such obstruction downstream to the damage or detriment of either life or property, should not be permitted. Seeondary Flood Plains Because development within secondary flood plains is subject to inundation,but without the threat of increased velocities of flood waters,and because the excessive development of the secondary flood plain can result in increased water surface elevations through displacement of flood waters, the following policy statement is suggested: Policy 1) Development in secondary flood plains is generally acceptable when a detailed hydrological flood hazard investigation report had been prepared indicating that the area proposed for development is located within a secondary as opposed to a primary flood plain. 2) The development must be properly flood proofed below the estimated high water elevation of the 100-year flood event. 3) The development is accomplished is such a way as to prohibit the displacement of any and all flood waters from that portion of the flood plain to be developed. engr\engrform\floodplain policy-form C ity of _ss� �jp; DEPARTN>lENT OF PUBLIC UTILITIES Date: May, l9, 2005 To: DAWN NIARPLE, Planner H Planning and Development Department, Current Planning From: DOUG BECKER, Supervising Engineering Technici Department of Public Utilities, Planning and Engineem Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5449/UGM AND R-05-22 General Tentative Tract No. 5449/UGM and R-05-22 propose a 110-lot single-family residential subdivision with one remainder parcel, rezoning from AE-20 (County) to the R-l/UGM zone district on 35.8 acres located on the northeast corner of East Butler and south Villa Avenues. Environmental Recommendations A NEGA')rl?VE.DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitaria Sewer Requirements The nearest sanitary sewer mains to serve the proposed project are an 18-inch main located in East Butler Avenue,an:&-inch East Lowe Avenue and an 8-inch in East Liberty Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: I. Construct an. 3-inch sanitary sewer main in South Villa Avenue from East Butler Avenue north to East Lowe Avenue. 2. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 3. Abandon all existing on-site private sanitary sewer systems. 4. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plan & profile improvement drawing for City review- 5- Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Trunk Sewer Basin: Chestnut 3. Wastewater Facilities Charge (Residential Only) Water Requirements The nearest water mains to serve the proposed project are a 12-inch main located in East Butler Avenue, an 8-inch East Lowe Avenue. Water facilities are available to provide service to the site subject to the following requirements: 1. Construct an 8-inch water,main in South Villa Avenue from East Butler Avenue north to East Lowe Avenue. 2. Separate water services with meter boxes shall be provided to each lot created. 3. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 4. 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. 5. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water Fees The following Water Connection Charges and fees shall be paid for the project: 1. Wet-tie(s), water service(s), and meter(s) installation(s) STATE OF CALIFORNIA—BUSINESS,TRANSPORTA AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE A P.O. BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex our ower! FAX (559)488-4088 i ' " i!_i✓:' Y p TTY (559)488-4066 Be energy efficient! M1,+.i1 LS h +I January 18, 2006 2131-IGR/CEQA 6-FRE-180-62.8 R-05-22 &T-5449 MOURADICK Ms. Daws:M&-P'.-- City arpleCity of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Marple: We have reviewed the staff report for the proposed 110-unit single-family residential development on the northeast corner of South Villa and East Butler Avenues. Caltrans concurs with the recommendations contained in the staff report. We appreciate the opportunity to work cooperatively with the City. Please provide a copy of this letter to the Planning Commissioners at tonight's meeting. If you have any questions,please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" JUL. 18."'005 CHL I kHNS PLANNING NO.684 P.I/T CTYTP 4F CiLTOFuNLA—CiTISf`Li TF 4N5PQp `fTC1(V,4NE)HQUSNOa[:FNCY A IRNOI n;C_- ry R!�Ir(t flR Qom nor DEPART-MENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 t FRESNO,CA 93775-2616 PHON3E (559)445-6666 F7cx}rowrpo}vcrf FAX (559)488-4085 TTY (,559)438-4066 Be enemy�flcicnrf July 18,2005JUL 18 11 2131-IGR/CFQA 6-FRE-130-662_S+/- rJe,�; ,,C. r; -t A-05,.006,R-05-35 & C-05-114 '.4T'r �•';- �.zYt.� DERREL'S MIM STORAGE Mr.Devin Fabino City of Fresno Development Department 2600 Fresno Street,Third Floor Fresno, CA 93721-3604 Dear Mr.Fabino: We have reviewed the application for the Derrel's Mini Storage to be located on the south Side of East Kings Canyon Road(State Route 180)between South Peach and South Minnewawa. Caltrans has the following comments_ Eased on the trip generation and trip trace study(Peters Engineering June 15,2005)it is estimated that the trips generated from this development should be 21 trips(21.7,395 sq.$_ * 0.1 trips per 1,000 sq, ft.of inside storage) during the evening peak travel time, It is further estimated 10 trips would impact the State Route(SR) I SO/Peach Avenue intersection and 11 trips would impact the SR 180/Nlinnewawa Avenue intersection. Caltrans does not anticipate that this project will have a significant impact on either the existing facility or the new Freeway 1 SO. Caltrans will be relinquishing this portion of State Highway 180 to the City in the not-too-distant future. However,should the applicant develop the project prior to the relinquishment, an encroachment permit from Caltrans will be required if activities are proposed within,under or over the State highway rights-of- way. ights-ofway. Activity and work planned in the State right-of-way shall be performed to State standards and specifications, at no cost to the State. Engineering plans, calculations,specifications,and reports (documents)shall be stamped and signed by a licensed Engineer or.Architect_ Engineering documents for encroachment permit activity and work in the State right-of-way may be submitted using English Units. The Permit Department and the Environmental Planning Branch will review and'approve the activity and work in the State right-of-way before an encroachment permit is issued. Encroachment permits,%vill be issued in accordance with Streets and Highway Codes, Section 671.5, '"Time Limitations." Encroachment permits do not run with the land. A change of ownership requires a new permit application. -Also,if the project is developed prior to the relinquishment, the following will apply: 1. It is the Department's policy to minimize new access points to State Highways, In this case, on connection to the State Highway is allowed for each legal parcel. The proposed fire access needs to be gated and locked and only used for emergency access_ 2. Any existing or proposed driveways accessing State right-of-way must meet current State standards_ 3. Caltrans recommends that the applicant construct a sidewalk along the property's frontage with SR 180. The sidewaLk should be at least 5 feet wide, 4. Existing curb,gutter and sidewa%and curb ramps may need to be reconstructed to meet current ADA standards or other applicable State or Federal accessibility and safety requirements. "Calfrans lawaves mobilhy across Cal ffornia- JUL.18.X00• 4:15PN CAL TRANS PLANNING NO.664 --P.2/8 Mr.ICevin Fabino July 18,2005 Page 2 5. All existing concrete curb, gutter and sidewalk that is damaged, broken and/or cracked shall be removed and replaced in-kind. 6. Any and all damaged concrete surfaces within the right-of-way which pose a safety hazard due to potential tripping hazards shall be replaced or repaired in accordance with ADA and/or applicable State or Federal requirements. 7. No water from the site shall be allowed onto the State right-of-way witbout,the Department's approval. 8, The owner needs to submit the pedestrian improvements proposed in the State right-of-way to the Department of State Architect(DSA) for certification. The encroachment permit authorizing the work will not be issued until the pedestrian improvements in the State nigh;-0f--way are certified by the DSA. The owner needs to contact Saher Yassa at(916)323-2643 for the submittal requirements. 9. No advertising signs are allowed 'n or over the State right-of-Nvay. A sign permit may be required for advertising signs adjacent to and visible from the State Highway rights-of-way. The project proponent must construct and maintain the advertising signs without access to the State Routes. Contact Susan Swenssen at(209) 948-7869 or(209)943-7641 for additional information or to obtain a sign permit application. Additional information on Caltrans Outdoor Advertising Permit requirements may also be found on the Internet at www.dot.ca-gov/hq/oda. 10. Landscape and irrigation should be kept outside of the State right-of-way. If not,a landscape and irrigation maintenance agreement is required between the Department and the local jurisdiction before an encroachment permit is issued for-the work in,the State right-of-way. We request that this letter be made a part of the permanent public record for this project. This will provide the decision-malting body and the general public with a complete and accurate environmental evaluation for the project Please be advised that any future development adjacent to a State Route,whether the entitlement is deemed by the lead agency to be discretionary or ministerial should be sent to Caltrans for review. If you have any questions,please call me at(559)445-6666, Sincerely, MOSES S=IS Office of Transportation Planning District 6 C:Ms.Barbara Croodwin, Council of Fresno County Governments J `Cslfrans improver moFiilihi ae�n� �~�r:�•--:-- STATE OFCAIFO RN IA—BUSINESS,TRANSPORT N AND HOUSING AGENCY ARNOLD SCHWARZFNEGGER ovemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE b P.O. BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Fles your power! FAX (559)488-4088VIESBe energy efficient! TTY (559)488-4066 May 3, 20051 2 � nIIn. ''i`s`O� ent 213 1-IGR/CEQA aloomc�t 6-FRE-180-62.8 R-05-22 & T-5449 MOURADICK Ms. Dawn Marple City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Marples We have reviewed the rezone and map for the proposed 110-unit single-family residential development on the northeast comer of South.Villa and East ButlerAvenues. Caltrans has the, following comments:. The portion of the map that includes the subdivision does not have direct access to State Route (SR) 180. However, the "remainder"parcel is adjacent to State facilities. Should any activity be planned for the remainder parcel adjacent to SR 180, a permit will be required from Caltrans. An encroachment permit must be obtained for all proposed activities for placement of encroachments within,under or over the State highway rights-of-way. Activity and work planned in the State right-of-way shall be performed to State standards and specifications, at no cost to the State. Engineering plans, calculations, specifications, and reports (documents) shall be stamped and signed by a licensed Engineer or Architect. Engineering documents for activity and work in the State right-of-way shall be submitted using Metric Units. However, dual units may be used for activity and work in the right-of-way costing S1,000,000 or less, or by an., exception approved by the Director. The preferred method of delineating dual units is by showing the English unit first then the Metric unit next to it in parenthesis. The Permit Department and the Environmental Planning Branch will review and approve the activity and work in the State right-of-way before an encroachment permit is issued. Encroachment permits will be issued in accordance with Streets and Highway Codes, Section 671.5, "Time Limitations." Encroachment permits do not run with the land. A change in ownership requires a new permit. Caltrans requests the opportunity to review any development proposal for the remainder parcel. According to our Transportation Concept Report (TCR), this segment of SR 180 in the vicinity of the proposed project is planned for 110 feet. Caltrans right-of-way shows this segment existing at 100 feet_ As this section of SR 180 is due to be relinquished in the future to the City of Fresno' Caltrans is not requesting an irrevocable offer of dedication. However, the City may wish to consider obtaining a dedication of five feet of right-of-way from the remainder parcel to accommodate future widening of East Kings Canyon. "Caltrans improves mobility across California" Ms. Dawn Marple May 3, 2005 Page 2 The proposed project, in and of itself, is not expected to create significant impacts to the State Highway System. However, when combined with other development in the area, this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. One possible mechanism for evaluating the cumulative impacts of these land use decisions would be for the City to use the San Joaquin Valley Growth Response Study(GRS) modeling tool. The GRS Tools provide a cumulative analysis of land use impacts, as opposed to a"snapshot" of growth at 20 years. They can identify where to place transit stops, locate the more intense land uses, how and where to site interrelated uses, etc., providing an actual quantitative analysis of alternatives. The type of information that is available by using this modeling tool goes significantly beyond what is traditionally provided with an Environmental Impact Report, providing the type of information necessary to support "smart growth" land use decisions. This benefits the local, regional, and State transportation network, as well as air quality. The analysis can also include indicators to evaluate economic development and the jobs/housing balance critical to a community's quality of life. With the GRS Tools, public officials and citizens would be provided with the likely impacts of alternative growth policies. The resulting information is available to public officials and citizens in easy-to-understand maps and tables. The City should consider a transit alternative for this project. The project is small,but when combined with other residential projects in the area, there is sufficient development to support transit, and early planning could make such an alternative feasible. The San Joaquin Valley Growth Response study would be an excellent tool for evaluating these alternatives. 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. .If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. Z. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. ROOSEVELT COMMITTEE AGENDA April 25, 2005 Page No. 3 c. Rezone Appli, tion No. R-05-016 -Staff: Ar do Rodriguez Address: 482 ast Fillmore Avenue APN: 463-1 27, 29, 30 Size: 1.06 tots cres Zone District:. R-A (Sing) amily Residential gricultural District and R-3 (Medium Density Mulf e Family Res' ntial District) Location: South side of st Fillmo south of East Tulare Street between South Chestnut and So h Wry Avenues. Project Description: Request t one approximately 1.06 acres from the R-A and R-3 zo distri to the R-2 zone district in order to expand an exist' adult r dentia) care facility to accommodate six : :. a conal resident The Committee wi . a vote of 8-0 recom ded continuing Rezone Application No. R-05-076, su ect to the following reaso • Bring ' copy of the subsequent Conditio I Use Permit Application for the : :... elderl care facility. •. ,With the current zoning, how many patients are allowed in one facility. d. •Vesting Tentative Tract Map No. 5449 & Rezone Application No. R-05-22. '.:Staff Dawn Marple 'Address: 5350 East Kings Canyon Road& 5327 East Butler Avenue APN 472-022-20 & 472-022-15 Size. 35.81 Zone District. AL-20 (Limited Twenty Acre Agriculture—County)zone district Location: South side of East Kings Canyon Road between South Peach and South Minnewawa Avenues and the north east corner of East Butler and: South Villa Avenues. Project Description: Vesting Tentative Tract Map No. 5449/UGM is requesting to subdivide approxmiatley 20 acres of property into a 110-lot, residential subdivision with a 10.81 acre.remainder. Rezone Application No. R-05-22 is requesting to rezone the entire 35.81 acres from the AL-20 (Limited Twenty Acre Agriculture District- County) zone district to the R-1 (Single Family Residential District)zone district. The Committee with a vote of 8-0 recommended approval of Vesting Tentative - Tract Map No. 5449 and Rezone Application No. R-05-2Z, subject to the following conditions: • Eliminate the proposed ingresslegress -from the project site to East Liberty and East Lowe Avenues. ROOSEVELT COMMITTEE AGENDA April 25, 2005 Page No. 4 • Use interface standards for lots 18 through 37. These lots should match the county lots to the east of the Tract 5449. • Lots 12 through 17 shall front onto East Butler Avenue. • No roof mounting of the A.C. units. Provide 5% open space within the subdivision. • No two-story houses adjacent to the county subdivision to the east.. 5. Unscheduled Oral Communications 6. Committee reports, comments and Questions a. Help Fresno Grow Smart: "Community Design Workshop" b. Review the process for Cell Phone towers (i.e. Colocation). 7. Adiournment K:\Master Files-Plan Committees\Roosevelt Committee\Agendas and Minutes-2005\RCP Agenda 425-05.doc /• ,r _ ; ,{` OFFICES OF J11�7. PHONE(559)233-7161 Jam '— FAX(559)233-8227 2907 SOUTH MAPLE AVENUE - - FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water April 21, 2005 Ms. Dawn Marple APR 2 5 2905 City of Fresno Planning and Development Dept. Development Division Depattmstat 2600 Fresno St. 3` Floor Fresno, CA 93721-3604 RE: TTM No. 5449, RA No. R-05-22 Dear Ms. Marples FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicants property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnson@fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I Agencies\City\TTM5449 R-05-22 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO mar San Joaquin Valley Air Pollution Control District May 5, 2005 Reference No.: C20050254 J7 `� Dawn Marple IJ-u��! Planning and Development Department 2600 Fresno Street, Third Floor 2N5 Fresno, CA 93721-3604 � � 9 S:.,biact: T-5449, R-05-22 (APN 472-022-15 & 20) cit Dear Ms. Marple: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and fine particulate matter (PM10 and PM2.5). This project would contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. Although this project alone would not generate significant air emissions, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project- related.emissions as outlined below: Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at— http://www.valleyair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. If a residential project is 10.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. If a residential site is 1.0 to !ess than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see section 6.4.1). A compliance assistance bulletin has been enclosed for the applicant. A template of the District's Dust Control Plan is available at: htti)://www.vaIlevair.org/busind/comply/PM1 0/forms/DCP-Form%20-%2010-14-2004.pdf Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action._ Rule 4103 (Open Burning) regulates the burning of agricultural material. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that the project burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Rule .4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Ms. Marple May 5, 2005 T-5449, R-05-22 Page 2 Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1, 2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall instali more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.valleyair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. Rule 4902 (Residential Water Heaters) limits emission of NOx from residential developments. The District encourages innovation in measures to reduce air quality impacts. There are a number of features that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The suggestions listed below should not be considered all-inclusive and remain options that land-use authority should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Structural soil should be used under paved . areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhl/outreach/csc/ For Tree Selection see http://www.ufei.org/ For Urban, Forestry see http://www.ccolcomr-.-,nities.or http://wc!-fre.ucdavis.edu http://www.lgc.org/bookstore/energy/downloads/siv treeguidelines.pdf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas,.route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Ms. Marpfe May 5, 2005 T-5449, R-05-22 Page 3 Mid-block paths should be installed to facilitate pedestrian movement through long blocks (over 500' in length) and cul-de-sacs. Pathways through the project should be built in anticipation of future growth. • As many energy-conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency (above California Title 24 Requirements) See http://www.energV.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E) - Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at httip://www-aqmd.gov/business/brochures/zerovoc.html - High-albedo (reflecting) roofing material. See http://eetd.Ib1.gov/coolroof/ - Cool Paving. See http://www.harc.edu/harc/Projects/Cool Houston/ , http://eande.lbi.gov/heatisland/ - Radiant heat barrier. See http://wwvv.eere.energV.gov/consumerin o/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Programmable thermostat(s)for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.enerq .gy ov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines Natural gas fireplaces (instead of wood-burning heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site More information can be found at: http://www.ciwmb.ca.gov/GreenBuilding/ http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergvicenter.org/index.htmI • The applicant should implement measur3s to,reduce the amount of vehicle traffic to and from the project area that further reduce air pollution in the valley. This could include providing an information center for residents to coordinate carpooling. Check out the "Spare the Air" section of our website www.vallevair.org • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.org/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: - Limit traffic speeds on unpaved roads to 15 mph - Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site - Install wind breaks at windward side(s)of construction areas - Suspend excavation and grading activity when winds exceed 20 mph - Limit area subject to excavation, grading, and other construction activity at any one time Ms.Marple May 5, 2005 T-5449,R-05-22 Page 4 - Use catalyst equipped diesel construction equipment. - Minimize idling time (e.g. 10 minute maximum) - Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) - Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, and "Spare the Air Days" declared by the District. - Implement activity management(e.g. rescheduling activities to reduce short-term impacts) - During the smog season (May through October), lengthen the construction period to minimize the number of vehicles and equipment operating at the same time. - Construction equipment should have engines that are Tier II (if available as certified by the Air Resources Board). Engines built after 1998 are cleaner Tier II engines. Tier I and Tier II (2.5 gram) engines have a significantly less PM and NOx emissions compared to uncontrolled engines. To find engi,:es certified by the Air Resources Board, see http://www.arb.ca.gov/msprog/offroad/cert/cert.php. This site lists engines -by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at (559) 230-5831. - Off road trucks should be equipped with on-road engines when possible. - Light Duty Cars and Trucks should be alternative fueled or hybrids. - Minimize obstruction of traffic on adjacent roadways. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at (559)230-5820 and provide the reference number at the top of this letter. Sincerely, Catherine Thao Air Quality Student Intern Central Region Enclosures c:file via, San Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation Vlll, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust Fugitive dust is emitted into the air by activities. that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 2004.: This is a basic summary of.the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed -by equipment or by wind.at any.time. Visible Dust Emissions opacity of 20% means dust that would obstruct an observer's view of an.object by 20%. . District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust: Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased. .projects where disturbed land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover. Carryout and Trackout occur when materials from emptied or loaded vehicles falls onto a paved surface or shoulder of a public road or when materials adhere to vehicle tires and are deposited onto a paved surface or shoulder of a public road. Should"either occur, the material must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods require the complete removal and cleanup of mud and dirt from the paved surface and shoulder. Using a blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a violation. Larger construction sites must prevent carryout and trackout from occurring by installing gravel pads, grizzlies, wheel washers, paved interior roads, ora combination thereof at each exit point from the site. Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed. limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet. Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing.wind barriers to limit VDE. Also, limiting vehicle speeds, loading.haul trucks with a freeboard of six inches or greater along Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700"M" Street,Suite 275 Modesto,CA 95356-9321 Fresno,CA 93726-0244 Bakersfield,CA 93301-2371 (2 09)557-6400 ♦ FAX(209) 557-6475 (559)230-6000 ♦ FAX(559) 230-6062 (661)326-6900 ♦ FAX(661)326-6985 59 f . a .. r e 17� grt r iru "� yV ; M r'av��?+.i���' '�' ° '�r. v y.: y�yrs •� �• a� vZZ. ��.•`'1Ta...'.�s., w�.4: ��S;�Y:��E'1 d.�.tfli...rJ�i� �TM - r �ll -. 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O rine..' c m o a) a) 3 m mcn c +ma x c)ws�, 0 m >,m a L m 'r m ,3'�S'� C] m a) c o n)4 V T L N L N 47 aL+ LL O N m E ti L L L L "";a)"„ rf a+ C '.'r' a3icn Lcaa .jp � )fes a � c � E � � �++ N N C 3 O • • • • y�''r'�1 ^2 O. U .Q Z (0 I— aCC C . Dawn Marple Fwd: Plan Amendment P^7-06 General PlanPage 1.. From: Kevin Fabino To: Marple, Dawn Date: 911!2005 4:46:33 PM Subject: Fwd: Plan Amendment A0506-General Plan Got the JUICE!!! Kev >>> Jerry Haynes 09/01/05 11:01 AM >>> Kevin, the PRCS department has reviewed the request to determine whether the Future Community Park site identified in the 2025 General Plan located at Minnewawa and Kings Canyon is necessary.As you know, the City of Fresno recently acquired the former USDA Peach Ave property which is within 1 mile of that intersection. This property is designated as a future Community Park. Based on the above, PRCS will not need a Community Park at Minnewawa and Kings Canyon but we will need a Neighborhood Park at that location.The acres required for a Neighborhood Park is between 8 and 15 acres. PRCS agrees to modify the open space requirement from a Community Park to a Neighborhood Park designation at Minnewawa and Kings Canyon. If you have further questions or need additional information please let me know.Thanks. Jerry Haynes Assistant Director Parks, Recreation &Community Services City of Fresno Street Name Review TM-5449 5-3-05 Street Name Status Required Change East Kings Canyon Road Good 'blank'(fronting on lots 39-45) Add East Alta Avenue East Lowe Avenue Good East Liberty Avenue Good 'blank'(fronting on lots 12-17) Add East L ell Avenue East Butler Avenue Good South Villa Avenue Good 'blank'(fronting on lots 66-88) Add South Orangewood Drive 'blank'(fronting on lots 89-110) Add South Lind Avenue South Minnewawa Avenue Good s Tentative Tract Map No. 5449 GOVERNMENT CODE§66020(d)(1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments to be completed with development. SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) c. Oversize Charge* $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Chargee N/A Service Area: e. Wastewater Facilities Charge. $2,119/living unit f. Copper Avenue Sewer Lift Station Charge* N/A g. Fowler Trunk Sewer Interim Fee Surety* N/A h. House Branch Sewer Chargee NIA i. Millbrook Overlay Sewer* N/A WATER CONNECTION CHARGES FEE RATE j. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. k. Frontage Charge* $6.50/lineal foot I. Transmission Grid Main Charge* $643/gross acre (parcels 5 gross acres or more) m. Transmission}Grid Main Bond Debt* Service Charge $243/gross acre (parcels 5 gross acres or more) n. UGM Water Supply Feet► • Service Area: N/A o. Well Head Treatment Fee♦ N/A Service Area: p. Recharge Feet► N/A Service Area: q. 1994 Bond Debt Service* N/A Service Area: DEVELOPMENT IMPACT FEE FEE RATE r. Northeast Fresno Policing Area. N/A s. Traffic Signal Charge* $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE t. UGM Fire Station Capital Fee* N/A Service Area: u. UGM Park Fee* N/A Service Area: v. Major Street Charge* N/A Service Area: w. Major Street Bridge Charge* N/A Service Area: x. UGM Grade Separation Fee* N/A y. UGM Trunk Sewer Charge* N/A Service Area: z. Street Acquisition/Construction Charger N/A Notes: 4 Due at time of development * Deferrable through Fee Deferral Covenant. v Due at time of subdivision RELSS _ mini\STOj3,fqGk-111c. CORPORATE OFFICE: 3265 W. ASHLAN AVE., FRESNO, CA 93722 (559) 224-9900 FAX: (559) 224-1884 January 6, 2006 �n c�i V �' `� e- ers S e�fi" Dear John & Cynthia, This letter is to follow up on the neighborhood meeting you attended December 28`h regarding a Derrel's Mini Storage, Inc. facility proposed for the south side of Kings Canyon Road, next to Sunnyside High School. I spoke with Dave Wasemiller to explore other development configurations, and I met with the City of Fresno to discuss street patterns. We explored the possibility of changing the configuration of our storage facility and the Wasemiller Tract. [Mr. Wasemiller is not interested in changing the size or configuration of his developmen�Therefore, we must work within the confines of our parcel. We also met with the City of Fresno regarding the street patterns and traffic circulation. The City will not allow any residential street to have direct ., .access to Kings Canyon Road. Therefore, we will proceed with our development design as presented at the neighborhood meeting. Please be aware that the Roosevelt Community Plan has our parcel designated for Medium Density Residential, which allows up to 10.37 dwelling units per acre. If the property is not approved for a Derrel's Mini Storage, it will likely develop into (a) Planned Unit Development, (b) cluster housing or (c) apartments. Given that our site is 10.81 acres, there would be an additional 110 dwelling units instead of a Derrel's Mini Storage facility. Sincerely, Paul Ridenour Feb 15 06 02- 17p Phoebe Wall Howard 559. 225. 3119 p. 1 Fig Garden Homeowners Association PO Box 5796,Fresno, CA 93755 ' .x, _ 559-225-3116 RECEIVED www.oldfig.org FLg 1 5 ,y PAiJNiN(j ANd Feb. 15, 2006 � ��DwCIO;)N'i r To:The Fresno City Planning Commission Re: Sunnyside Property Owners Association/Tract 5449 Dear Planning Commission Members: As a neighborhood organization, the Fig Garden Homeowners Association supports protecting the character and integrity of neighbofhoods. In regard to new neighborhood projects, including Tract 5449 in the Sunnyside area, the Fig Garden Homeowners Association supports: 1) Creating appropriate interfacing lots 2) Requiring lower density to reduce traffic impacts and ensure safety of residents, pedestrians, children at play and school children 3) Assigning area streets with appropriate traffic volumes to minimize traffic impacts 4) Protecting scenic drive designations and the valuable resource of historic trees--whether the olive trees along Butler and Minnewawa or the Deodars on Christmas Tree Lane(Van Ness Boulevard in Old Fig Garden). Thank you for allowing us to comment. Sincerely, 'P Com. • _`C L -..�� Phoebe Wall Howard President Fig Garden Homeowners Association* * Note: The Fig Garden Homeowners Association Board of Directors voted to submit this letter. CC:Sunnyside Property Owners Association I Thomas C. Mouradick 231 Via Firenze Newport Beach, CA 92663-4633 Telephone& Fax: (949) 675-2467 Cell phone: (760) 413-2161 October 12, 2004 City of Fresno Development Department Re: Tentative Subdivision Tract Map — Residential APN: 472-022-15 & 472-022-20 (and/or a portion of said parcel) The undersigned, owner of the above-referenced properties, hereby authorize P. David Wasemiller, president of Valley Pacific Builders, Inc., general partner of Pacific IV, L.P., a California Limited Partnership, to meet with city officials and execute all documents in connection with the above referenced properly, so long as the undersigned incurs no cost or liability with regard to any such documents, and further that the above-referenced real property is not encumbered or otherwise burdened with any agreements or expenses which would be a lien on the real property, and would remain so in the event Valley Pacific Builders, Inc., does not acquire title to said property. Sincerely, Thomas C. Mouradick Owner NOTICE OF DETERW,4ATION aMblp 0js_7 • DATE RECEIVED FOR FILING: TO: _ Office of Planning and Research FROM: CITY OF FRESNO D 1400 Tenth Street, Room 121 Planning and Development Dept _ Sacramento, California 95814 2 F eRc-i<QFA 9T3 4 X County Clerk APIA Q 7 2006 County of Fresno MAY 9 7005 2221 Kern Street Fresno, California 93721 $Y: FRESNO OUNTY C R, Subject: Filing of Notice of Determination in compliance with Section 21152 of the Public esou ces ode. Rezone Application No. R-05-22, Tentative Tract Map No. 5449 .Project Title Planning and Development Department City of Fresno N/A Dawn Marple, Planner (559) 621-8058 State Clearinghouse Number Lead Agency Area Code/Telephone/Extension (If subject to Clearinghouse) Contact Person Approximately 25 gross acres of property located on the north side of East Butler Avenue, between South Peach and South Minnewawa Avenues, Fresno County. .Project Location (include County) Project Description: Rezone Application No. R-05-22 proposes to.reclassify 25 acres of the site from the AL-20(Limited Twenty Acre Agriculture[County of Fresnoll zone district to the R-1 (Single Family Residential) zone district. Tentative Tract Map No. 5449 proposes to subdivide the property into a 101 lot, single family residential subdivision This is to advise that the City of Fresno, the Lead Agency, has approved the above-described project on April 4, 2006, and has made the following determinations regarding the above-described project: 1. The project( [ ] will [X] will not)have a significant effect on the environment. 2. [ ]An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. [ ]A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. [X] A determination of project conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130)was made. 3. Mitigation measures ( [X]were [ ]were not) made a condition of the approval of the project as related to MEIR No. 10130. 4. A statement of Overriding Considerations ( [ ]was [X]was not)adopted for this project. 5. Findings ( [ ]were [X]were not)made pursuant to the provisions of CEQA. This is to certify that the above-described Finding of Conformity to the 2025 Fresno General Plan with comments and responses and record of project approval is available to the general public at the City of Fresno, Planning and Development Department,2600 Fresno Street, Room 3043, Fresno, C ifomia 93721-3604. J_ / 1EA' t p� o � Gi a aro Date Planning Manager, City resno !. � C�MY Attachments: De Minimis Finding Project Vicinity Map AY 2 2 2006City of Fresno Environmental Assessment No. R-05-22/T-5449 Planning Division Development Department K:\Master Files•Tract Maps\Tract 5449 Dawn Marple(R-05 Y1){NOD,T-5449,R-05 22.doc CITY OF FRESNO CALIF .4NIA DEPARTMENT OF FIST- ND GAME CERTIFICATE OF FEE EXEMPTION DE MINIMIS IMPACT FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-22/T-5449 LEAD AGENCY: City of Fresno, Planning and Development Department, 2600 Fresno Street, Fresno, Califomia 93721 PROJECT TITLE AND LOCATION: Rezone Application No. R-05-22, Tentative Tract Map No. 5449 Approximately 25 gross acres of property located on the north side of East Butler Avenue, between South Peach and South Minnewawa Avenues, Fresno County. PROJECT DESCRIPTION: Rezone Application No. R-05-22 proposes to reclassify 25 acres of the site from the AL-20 (Limited Twenty Acre Agriculture [County of Fresnoll zone district to the R-1 (Single Family Residential) zone district. Tentative Tract Map No. 5449 proposes to subdivide the property into a 101 lot, single family residential subdivision. FINDING OF EXEMPTION: Pursuant to the above-noted environmental assessment a determination of project conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), which incorporates a MEIR Mitigation Monitoring Checklist has been prepared by the lead agency for the proposed project. There is no evidence in the record that the proposed project may have an adverse effect on wildlife resources. "I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.4 of the Fish and Game Code." 4 Gilbert J. Haro, Plannin anager Planning Division Date: April 4, 2006 Section 711.4, Fish and Game Code KAMaster Files-Tract MapslTract 5449 Dawn Marpie (R-05-22)%DeMinimus T-5449,R-05-22 doc R-2 I I AE-5 10t R-P 10-Al C-P J L a KINGSCANYON .._..---------------=............................................ i3 V MONTECITO C-3 E-20 R Ia LANE N R-1-C LOE z LOWE LIBERTYLIBERT —••—••—••—••— •—• 1 w m R-7-B i i LYELL 1 1 #Ll� ! BUTLER ------------------- P IT 1 i TOWNSEND SP IT -1- PLI 1 LEGEND Subject Property "CINITY PLAINNING & DEVELOPMENT N DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5449/UGM REZONE APPLICATION NO. R-05-022 w E A.P.N.: 47?-n��-�. 2Q( oR-rtion) From AE-20(County)to R-1 ZONE MAP: 2454 Northeast comer Villa and Butler Aves. NOT To SCALE BY/DATE: J.S. / 4-11-05 1 00 �/ 0ObOl� '� CITY OF FkcSNO — ENVIRONMENTAL ASSESS►,__NT/ INITIAL STUDY FINDING OF CONFORMITY/MSIR NO. 10130 BOJ' Pursuant to Section 21157.1 of the California Public Resource Code TE !N (California Environmental Quality Act) the project described below is -D; determined to be within the scope of the Master Environmental Impact Report (ME]R) No. 10130 prepared for the 2025 Fresno General Plan �P�syo. 0 Initial study is on file in the Planning and Development Department, City all, APR 0 7 2UOb C 2600 Fresno Street, Fresno, Califomia 93721 �TY (559) 621-8277 [3 Applicant: Initial Study Prepared By: DEFUi Valley Pacific Builders Dawn Marple Dave Wasemiller Planner III 4950 East Yale Avenue, Suite #101 September 29, 2005 Fresno, California 93727 Environmental Assessment Number: Project Location (including APN): EA No. R-05-22/T-5449 North side of East Butler Avenue between South Peach and South Minnewawa Avenues. (472-022-15, 472-022-20) Project Description: Valley Pacific Builders, Inc., has filed Rezone Application No. R-05-22 and Tentative Tract Map No. 5449 for approximately 35.8 gross acres of property located on the north side of East Butler Avenue between South Peach and South Minnewawa Avenues. Rezone Application No. R-05-22 proposes to rezone the subject property from the AL-20 (Limited Twenty Acre Agriculture, County of Fresno) zone district to the R-1 (Single Family Residential) zone district. The tentative tract map proposes to subdivide the subject property into a 111-lot single family residential subdivision with one remainder lot with an overall density of 4.45 units per acre. The project also includes the detachment of the subject property from the Fresno County Fire Protection District and the Kings River Conservation District for which the Fresno County Local Agency Formation Commission (LAFCO) is the responsible agency. The applications are consistent with the with the planned land uses of medium density and medium-low density residential as designated by both the 2025 Fresno General Plan and the Roosevelt Community Plan. Conformance to Master Environmental Impact Report (MSIR NO. 10130): The recently adopted 2025 Fresno General Plan and the Roosevelt Community Plan designate the subject parcel for medium density residential and medium-low density residential planned land uses. The proposed zone district of the subject site conforms to the medium density residential and medium-low density residential planned land use designations as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District Consistency Matrix" as well as the adopted Roosevelt Community Plan. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed reorganization in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed for development in the future with single family residential uses at intensity and scale that is permitted by the planned land use and proposed zoning designation 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 future development will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. R-05-22IT-5449 Page 2 Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium density residential and medium-low density residential land use designations specified for the subject parcel. Based on this initial study, the proposed project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). Gilbert J. HaroDate Planning Manager, City of Fr o Attachments: Environmental Checklist/initial Study for Environmental Assessment No. R-05-22/T-5449 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. R-05-22/ T-5449 F '/IRONMENTAL ASSESSMENT (EA) -4ECKLIST POTENTIAL ENVIRONMENTAL Ei :CTS EA NO. R-05-22/T-5449 1_0 TOPOGRAPHIC,SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards,unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities(on or 1 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous 3_0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste 1 3.4 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 13.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5_0 ANIMAL LIFE 1 14.1 Removal of historic building, disruption of 1 5.1 Reduction in the numbers of any rare,unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat historic site 6.0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy 8.0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect residential areas "0" Insufficient information 1 8.2 Exposure of residences to high levels of glare insufficient information is available to determine the potential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 1 9.1 Incompatibility with adopted plans and policies "1" No significant Environmental Effect 1 9.2 Acceleration of growth rate 1 9.3 Induces unplanned growth The proposed project will not have an adverse 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration.. 1 10.1 Generation of vehicle traffic sufficient to cause capacity "2" Moderate Environmental Effect deficiencies on existing street system 1 10.2 Cumulative increase in traffic on a major street far which The proposed project will have an adverse environmental ffi capacity deficiencies are projected effect in this category, which is of sufficient magnitude to 1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. However, this effect is not pedestrians substantial enough in itself to require the preparation of an 1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigabie through project changes and conditions. 1 10.5 Insufficient or poorly located parking 1 10.6 Substantial increase in rail and/or air traffic "3" Significant Adverse Environmental Effect The environmental effect identified in this category substantiates in itself or contributes towards a finding that the proposed project has a potentially significant adverse effect on the environment sufficient to require the nrAnornfinn of an o___s FINDING OF CONFORMITY UNDER MSIR NO. 10130: NOTICE IS HEREBY GIVEN THAT pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act) the projects described below have been determined to be within the scope of the Master Environmental Impact Report .(MEIR) No. 10130 prepared for the 2025 Fresno General Plan. EA No. R-05-22/T-5449: Valley Pacific Builders, Inc., has filed Rezone Application No. R-05-22 and Tentative Tract Map No. 5449 for approximately 35.8 gross acres of property located on the north side of East Butler Avenue between South Peach and South Minnewawa Avenues. Rezone Application No. R-05-22 proposes to rezone the subject property from the AL-20 (Limited Twenty Acre Agriculture, County of Fresno) zone district to the R-1 (Single Family Residential) zone district. The tentative tract map proposes to subdivide the. subject property. into 111-lot single' family residential :. subdivision with one remainder lot with an overall density of 4.45 units per acre. The project also includes the detachment of the subject property from the Fresno County Fire Protection District and the Kings River Conservation District for which the Fresno County - Local Agency Formation Commission (LAFCO) is the responsible agency. EA No. R-05-43/T-5456: Granite Bay Capital Group has filed Rezone Application. No. R-05-43 and Vesting Tentative Tract Map No. 5456 regarding approximately 51.41 acres - located on the northeast corner of West Madison and South Valentine Avenues. The _ rezone application proposes to amend the zoning from AL-20 (Limited 20 Acre' Agricultural, Fresno County) to R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The vesting tentative tract map proposes to subdivide the subject property for a 214-lot single family residential subdivision and a 4.25 acre remainder parcel. The project also includes the detachment of the subject property from the North Central Fire Protection District and the Kings. River Conservation District for which the Fresno County Local Agency Formation Commission (LAFCO) is the .`..... responsible agency_ EA No. TPM 2005-15: Horizon Enterprises has filed Vesting Tentative Parcel Map No: 2005-15 pertaining to approximately 9.52 acres of M-1/UGM (Light Manufacturing : District/Urban Growth Management) zoned property located on the west side of South. West Avenue between West Dan Ronquillo and West Nielsen Avenues. The parcel map is proposing to subdivide the subject site into a five lot industrial planned development parcel map. EA No. Byrd-Clovis No. 1: Spencer Enterprises has filed the Byrd-Clovis No. 1 ..-Reorganization which proposes the detachment of approximately 12 acres on the northeast corner of South Clovis and East Byrd Avenues from the Fresno County Fire Protection District and the Kings River Conservation District and annexation to the City of Fresno. EA No. Heaton-Surgan No. 113: Centex Homes has filed the Heaton-Burgan No. 1 B Reorganization which proposes the detachment of approximately 2.2 acres east of the northeast corner of South Burgan and East Heaton (alignment) Avenues from the ..Fresno County Fire Protection District and the Kings River Conservation. District and annexation to the City of Fresno: EA No. R-05-50: Fancher Creek Properties has filed rezone Application No. R-05-50 regarding 49 acres of property located on the northeast and southwest corners of South Clovis Avenue and the East Tulare Avenue alignment. The rezone application is requesting a rezone from the AE-5 (Five Acre Agriculture Exclusive) zone district to the C-3/UGM/cz (Regional Commercial/Urban Growth Management/conditions of zoning) zone district to facilitate the development of a regional shopping center as part of the Fancher Creek Development Project. Pursuant to Section 21157.1 of CEQA, it may be determined that a subsequent project falls within the scope of a MEIR provided that the. project does not cause significant impacts on the environment that were not previously examined by the MSIR. Since the projects do not change the land use indicated for the subject properties by the 2025 Fresno General Plan and will not generate significant :...effects not previously identified by the MSIR staff has determined that the subject applications are within the scope of the MEIR and, as such, shall be subject to the .'.appropriate mitigation measures contained therein as required by Section 15177 of the CEQA Guidelines. In addition, the project was part of Environmental Impact Report No. .10133 prepared for the Fancher Creek Development project, which was certified by the City Council on May 17, 2005. This project shall be subject to all mitigation measures as stipulated in EIR No. 10133. .:Pursuant.to Section 21157.1 of CEQA it may be determined that a subsequent project . '. falls within the scope of a MEIR provided that the project does not cause significant '.::..impacts on the environment that were not previously examined by the MEIR. Since the , '. projects do not change the land use indicated for the subject properties by the 2025 Fresno General Plan and will not generate significant effects not previously identified by the MEIR staff has determined that the subject applications are within the scope of the MEIR. and, as such, shall be subject to the appropriate mitigation measures contained therein as required by Section 15177 of the CEQA Guidelines.` No additional specific ,mitigation measures will be required of the projects. ANY INTERESTED PERSON may comment on the environmental conformity finding findings to the Fresno City Planning Commission, Fresno City Hall, 2600 Fresno Street, Fresno, California 93721-3604. Public hearings have been tentatively scheduled before ':the City of Fresno Planning Commission on Wednesday, October 19, 2005, beginning at 6:00 p.m. A comment must be in writing and must state (1) the appellant's name and ..address, (2) the appellant's interest in or relationship to the project, (3) the decision being appealed, and (4) the specific reason(s) why such decision should not be upheld. Any comment must be submitted on or before October 19, 2005. Your remarks are welcomed and will be considered in the final decision. Additional information on the proposed projects, including copies of the environmental finding, may be obtained from the City of Fresno Planning and Development Department, City Hall, 2600 Fresno ..Street, Room 3043, Fresno, California, or contact Dawn Marple at (559) 621-8058 for EA ..No. R-05-22/T-5449, Bruce Bames at (559) 621-8047 for EA No. R-05-43/T-5456,..Paul . .Bernal at (559) 621-8073 EA No. TPM 2005-15, Shelby Chamberlain at (559) 621-8042 for EA No. Byrd-Clovis No. 1 EA No. Heaton-Burgan No. 1B or Mike Sanchez (559) 621- ..8040 for EA No. R-05-50 Do Not Publish Sign-Off and Identification Below This Line ,Q r�wL�r Planning and 7-4 Development Depart t City of Fresno . PUBLICATION DATE: September 29, 2005 .. .. . ,. . .: ' . . - . . , , .. . ,. .. _ - . :- ' .: . .. ..''r'.' _ •. ::. - Y . .. .., - .....` ..r.,_ . , _ .. ..: :. r _ - :. ... .. ....:. - - . : «' .. .. .. ;... .ry. .. .: ..,. ..... . . r .. . . . .-... . .. .. : _ - ... 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