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Home My WebLink AboutT-5455 - Conditions of Approval - 6/3/2005 of 01y ��, REPORT TO THE PLANNING COMMISSION FRAGENDA ITEM NO. VIII-c COMMISSION MEETING 5/04/05 May 4, 2005 APPROVED BY FROM: STAFF, Planning Division Planning and Development Department DEPARTMENT DIRECTOR SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5455/UGM, CONDITIONAL USE PERMIT APPLICATION NO. C-04-330 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. C-04-330/T-5455 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5455/UGM and Conditional Use Permit Application No. C-04-330, filed by WCM Land, proposes the development of approximately 26 acres of R-2/UGM (Low Density Multiple Family ResidentiaUUrban Growth Management) zoned property located at the southeasterly corner of North Jeanne and North Brawley Avenues. Vesting Tentative Tract Map No. 5455/UGM proposes to subdivide the subject property into a 203-lot single family residential planned development with 14 outlots. Conditional Use Permit Application No. C-04-330 is a request to develop the subdivision with gated private streets, 14 outlots for open space, landscaping and access, reduced lot sizes and reduced front, rear and side yard setbacks. This map is supported by staff and the Bullard Community Plan Citizens Advisory Committee. The application would bring the subject property into conformance with the Bullard Community Plan and the 2025 Fresno General Plan, pursuant to Section 12-403- B-2 of the Fresno Municipal Code. PROJECT INFORMATION PROJECT A 203-lot single family residential subdivision to be developed at an overall density of 7.8 dwelling units per acre. The planned development will have gated private streets, 14 outlots for open space, landscaping and access, reduced lot sizes and reduced building setbacks. APPLICANT WCM Land (Engineer: Quad Knopf) LOCATION Southeasterly comer of North Jeanne and North Brawley Avenues (Council District 2, Councilmember Calhoun) SITE SIZE 26 acres LAND USE Existing - Vacant Proposed - Single Family Residential ZONING Existing - R-2/UGM (Low Density Multiple Family ResidentiaUUrban Growth Management) PLAN DESIGNATION The proposed 203-lot single family residential subdivision is consistent AND CONSISTENCY with the existing 2025 Fresno General Plan and the Bullard Community Plan designation of the site for medium-high density residential land use (10.38 to 18.15 units per acre) and the R-2/UGM zone district ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10103) dated April 14, 2005 PLAN COMMITTEE The Bullard Area Community Plan Advisory Committee, at its _ RECOMMENDATION meeting on April 11, 2005, recommended approval of the vesting tentative tract map and conditional use permit applications REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5455/UGM Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 2 STAFF Approve the vesting tentative tract map and conditional use permit RECOMMENDATION application subject to compliance with the conditions of approval BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium-High Density R-2/UGM Residential Vacant Low Density Multiple Family ResidentiaU (Tract 5433 approved for site). Urban Growth Management South Medium High Density R-2/UGM Residential Condominium Complex Low Density Multiple Family ResidentiaU (Sunrise Meadows) Urban Growth Management East Medium High Density R-A/UGM Residential Vacant Single Family Residential-Agriculture/ Urban Growth Management Railroad Not Applicable B.N.S.F. Railroad Tracks West Medium High Density tYFBoulevarndArea-20 R-2/BA-20/UGM Multiple Family Residential ity Multiple Family ResidentiaU Residential Complex Feet/Urban Growth Management ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. C-04-330/T-5455 considered potential environmental impacts associated with the subject conditional use permit application and vesting tentative tract map request. The study indicates that the project, if approved, would conform to the medium density residential planned land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. 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 April 14, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published with no comments received within the 20-day review and comment period. BACKGROUND/ANALYSIS The applicant, WCM Land, has filed Vesting Tentative Tract Map No. 5455/UGM and Conditional Use Permit Application No. C-04-330 for 26 acres of R-2/UGM (Low Density MultipleFamily ResidendaUUrban Growth Management) zoned property located at the southeasterly corner of North o subdivide Jeanne and North Brawley Avenues. Vesting Tentative Tract Map No: 5455/UGM proposes tbdivide the subject property into a 203-lot single family residential planned development with 14 outlots. Conditional Use Permit Application No. C-04-330 is a request to develop the subdivision with gated private streets, 14 outlots for open space, landscaping and access, reduced lot sizes and reduced front, rear and side yard setbacks. According to the land use,consistency table adopted with the 2025 Fresno REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5455/UGM Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 3 General Plan (and applied within all community plans), the existing medium-high density residential designation allows for 10.38 to 18.15 dwelling units per acre. Fresno Municipal Code Section 12-403-B allows for a project to be developed at the next lowest planned density, which in this case would be the medium density residential planned land use designation. The medium density designation allows for 4.99 to 10.37 dwelling units per acre. The proposed subdivision density is 7.8 dwelling units per acre and is therefore consistent with the 2025 Fresno General Plan and the Bullard Community Plan. Surrounding land uses are characterized by single and multiple family residential uses to the north, west and south. The Burlington Northern Santa Fe railroad tracks are along the easterly boundary of the site. Bullard Community Plan Citizens' Advisory Committee The Bullard Community Plan Citizens' Advisory Committee reviewed the proposed tentative tract map and conditional use permit applications at its meeting on April 11, 2005, and recommended approval of the proposed project. Circulation Element Plan Policies and Major Street System Traffic Capacity According to the 2025 Fresno General Plan Transportation Element (Exhibit 7), North Figarden Drive and West Bullard Avenue (west of Figarden) are defined as arterial streets. West Bullard (east of Figarden) is a collector street and then a local-collector. Arterial streets are required to be developed with two travel lanes in each direction separated by a median island to control left-turn and crossing vehicular movements. Collector streets are typically developed with a total of two to four lanes without a median island although in some locations they may have a continuous center left-turn lane. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left- turn and right-turn lanes as well as bus bays or turnouts. The Public Works Department Traffic Division has reviewed the proposed development and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated subject to several improvements. These improvements include dedicating and constructing transition paving within the limits of the tract; installing curb, gutter, sidewalk; and construction of an underground street lighting system. When the City of Fresno Master Environmental Impact Report (MEIR) No. 10130 was certified by the City Council for the 2025 Fresno General Plan, a determination was made to require project-specific traffic assessments for projects which would generate 100 or more vehicle trips during weekday peak hours. Given the number of lots in this project, a special traffic study was required. A traffic analysis, dated February 11, 2003, was prepared by Peters Engineering Group for the previously approved 297 dwelling unit multiple family residential project. According to the Institute of Transportation Engineers (ITE) Trip Generation handbook (6"' Edition), the vehicle trips generated per day for the apartment complex (1,957 VTD) and for the proposed single family residential project (1,943 VTD) are nearly identical. Therefore, the previous traffic analysis prepared by Peters Engineering Group was also used for the current project. The analysis identified no potential mitigation measures for the multiple family residential project. The current project, with 203 single family residences, generates fewer vehicle trips than the multiple family project would have. Therefore, staff has determined that the project now proposed has been sufficiently evaluated and does not require any further traffic mitigation measures. The Public Works Department staff has concluded that this project will not cause unanticipated impacts upon the city's transportation system and that project impacts are mitigable through the city's standard Urban Growth Management (UGM) process and project requirements for developments that abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the development will be required to install improvements and to pay fees toward development of the major street system consistent with the Public Facilities Element of the general plan and will be REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5455/UGM Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 4 required to participate in the installation of traffic control measures (e.g., signals, stop lights, etc.) installed per UGM policies and ongoing traffic studies. State Department of Transportation (Caltrans) The Caltrans staff has submitted the attached comments dated March 24, 2005, indicating that the proposed project will impact the state highway system. Staff has considered Caltrans comments in preparing the initial study and determined that this project does not create any impacts, including cumulative impacts, that were not identified in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. Although Caltrans has not specified an exact fee for mitigation for this project, they submitted comments for the previously approved multiple family residential complex (Conditional Use Permit Application No. C-03-07) which asked for $3,963 per p.m. peak hour trip that uses the Shaw/99 ramps to mitigate impacts to the Shaw/99 interchange. Although the City has met its legal obligations for addressing impacts to the state highway system for purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway system for projects such as this one. At this time, the City does not have a legally permissible means for collecting fees for such a purpose. A legally permissible means for collecting impact fees under the Mitigation Fee Act (California Government Code §§ 60000, et seq.), among other things, would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study of state highway facility capacity and measures needed to preserve and improve capacity of those facilities. A Partnership in Planning grant has been obtained to complete a regional freeway deficiency study for the greater Fresno-Clovis-Madera Metropolitan area. This study focuses on facilities projected to be most impacted by projected increases in traffic, identification of the sources and patterns of vehicle traffic within the greater metropolitan area and the improvements that would be necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be implemented by cities and counties in the study area, upon adoption by the respective jurisdictions. In addition to a proportionate share study, a mechanism would be needed for the City to collect traffic impact fees and either hold those funds or deliver them to a separate agency for improvements to facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in developing such a mechanism, including using the model used by the City for collecting fees for FMFCD and/or entering into a Joint Powers Authority or an MOU. Staff representatives of the City of Fresno and Caltrans continue to conference in order to identify a mutually agreeable strategy to implement a fair and equitable traffic impact fee for state highway facilities. Conditional Use Permit Application No. C-04-330 Conditional Use Permit Application No. C-04-330 was filed in conjunction with Vesting Tentative Tract Map No. 5455/UGM to allow the subdivision to be developed as a planned development with gated private streets, 14 outlots for open space, landscaping and access, reduced lot sizes and reduced building setbacks. There are two gated entrances to the subdivision: one at Brawley Avenue and one at Marty Avenue. There are 14 outlots proposed within the subdivision, in addition to the 203 lots which will ..-.be developed with single family residences. Outlots A, B, C, D, E, G, H, I, K, L, M and N, as shown on Exhibit "A-1" dated April 21, 2005, will be landscaped; Outlot F will provide access throughout the REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5455/UGM Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 5 subdivision; and Outlot J will be a pedestrian trail along the easterly boundary of the site in accordance with the 2025 Fresno General Plan. The R-2/UGM zone district does not specify a minimum lot area requirement for each lot within a planned development subdivision. However, the district does stipulate a population density requirement which specifies that there be not more than one dwelling unit for every 2,700 square feet of site area. The building setbacks on each lot have been modified to allow for minimum front yards of 8.5 feet, rear yards of 5 feet and side yards of 4 feet. Although not every driveway may be long enough to accommodate cars parking in the driveway, every house design in this subdivision provides for a two-car garage. There will also be on-street parking throughout the entire subdivision. Landscaping/Walls Given that the proposed subdivision is adjacent to the Burlington Northern Santa Fe mainline railroad tracks, the applicant will be required to construct a solid wall at the rear of the required landscape setback along the easterly boundary of the site. The applicant is required to update the acoustical analysis which was prepared by Brown-Buntin Associates for the previously approved multiple family residential project on the subject site. This wall will mitigate the adverse effect of noise generated by trains traveling on the railroad tracks. There will be 10 feet of landscaping along all lots that back or side onto North Brawley Avenue and two trees are required to be planted in the front yard of each lot. There will also be landscaping along the required pedestrian trail that will be located along the easterly boundary of the project site, adjacent to the railroad tracks. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2- 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the Bullard Community Plan designates the site for medium-high density residential land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems because the conditions of approval have shown and will ensure that the subdivision conforms with City health and safety standards. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5455/UGM Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 6 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Conditional Use Permit Findings Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code (FMC) can be made. �Of ��O MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features,and, Fir►ding'a:J, The subject site is approximately 26 acres in size and has an adequate amount of space, if developed in accordance with the project's site plan, to meet all applicable requirements of the e ro Code and as established in the Special Permit Conditions of Approval dated May 4, 2005, a " f including yards, spaces, walls and fences, parking, landscaping and other required features. =_ b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use,and, finding b Staff from the Transportation Planning section of the Public Works Department has estimated that the proposed development will generate approximately 1,943 daily vehicle trips which can be accommodated by the adjacent streets. The proposed project will construct the required ,¢ improvements necessary for the traffic generated by the project. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of this Code. Finding c-., The staff of the Planning and Development Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related plan amendment, rezone, and tentative tract map application review process as well as the conditional use permit review process. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5455/UGM Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 7 CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. T-5455/UGM dated December 20, 2004, and the Conditions of Approval for T-5455/UGM dated May 4, 2005. 2. Development shall take place in accordance with Conditional Use Permit Application No. C-04-330 exhibits, dated January 20, 2005 and April 21, 2005, and the Conditions of Approval for C-04-330 dated May 4, 2005. Action by the Planning Commission regarding the proposed tentative tract map and conditional use permit applications, unless appealed to the Council, is final. CONCLUSION/ RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 5455/UGM and Conditional Use Permit Application No. C-04-330 are appropriate for the project site. Therefore, staff recommends that the Planning Commission: 1. APPROVE Environmental Assessment No. C-04-330/T-5455 dated April 11, 2005 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. APPROVE Vesting Tentative Tract Map No. 5455/UGM subject to compliance with the Conditions of Approval dated May 4, 2005. 3. APPROVE Conditional Use Permit Application No. C-04-330 subject to compliance with the Conditions of Approval dated May 4, 2005. Attachments: Vicinity Map Aerial Photograph of Site Conditional Use Permit Application No. C-04-330 Exhibit A-1 dated April 21, 2005 Conditions of Approval for T-5455/UGM dated May 4, 2005, including letters from Fresno Metropolitan Flood Control District (4/29/05) and San Joaquin Valley Air Pollution Control District (3/22/05) Conditions of Approval for Conditional Use Permit Application No. C-04-330 dated May 4, 2005 Letter from the California Department of Transportation (Caltrans) dated March 24, 2005 Environmental Assessment No. C-04-330/T-5455, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), dated April 14, 2005 'ice R x � � 'sy V�c�F r.�"" @ t'�#•��45r,�r�t'�" � 2'�.� 'x'.�`�'`„�, ..:,�, �'1i G +.,Y+ .. a iS T, •. RGLU �; y r Shl BROWNING C1n + r t. ytfr � TMs y R.�wp t �"°�a'S�;;•k, Ti's r''. �. ` *�:°avt'7: '.K t"� Pu,,;•,< d v:T i ' v t ref LEGEND Subject Property U.G.M.Area VICINITY PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO. 5455/UGM N DEPARTMENT CONDITIONAL USE PERMIT NO. C-04-330 w. A.P.N.:415-027-10S.415-101-los ZONE MAP: 1846 East of Brawley Av. at Barstow Av. ' NOT TO SCALE BY/DATE: J.S. / 3-9-05 .i tisell �1 „ '•.f�`' `•f - «( '-.�"� i.tri �°Y9�'' '4..� P� h •,� `•c� 5'_, �q'- , `+` • Lb f,(+I ir� r7 �.� ix� k�_. 'may � 'S'y{"" ,E- -� + �,�ti"� a�'S ,.� "�" kms..v.:�..,- ��qyy i k' �; j i ,�? 1`;r y� rw rr�s � a'xo�q`$�•5,. ,,�, � y r�;. �1 � � - � a� ,. '� ,�• + aft �. a Y ! d .k`' ;: fro, ! r • . j1► r-� vP -' .v � a » r + 47 lw wq WIMP w•+r'R^-„}' "�'r i E. ,t -!; f '� 9 �„ y 'im.a.L-A ' ! ;IN `q._.. C: RC ,- I+q � �6- tG? - 7 �r ��;7,�w.c+ y '9,�.. � r „fi•� � � �'� ni: 1 IJh�, �� .+,• . Z s b a! LLJ z a- y I ! <-j Sz � b 1 r CLor � Z �■�■ � ttib � � �� _ A-7— 'y v, l�19li ` O i �a - �... ._.. i A a r wrn. 9 r• } ._ _ ... ! ■ q anti = ,. f/ h IL B .� pay o i O .■ oo ■,� ks } F's� ■ + a ■ q `fir i i� j,, �► p � � � 's ■ AIR 0 �t,�� i ''� i \ \i, '� '•.,gyp ,y■ �. a + � ■� `— !� a e q > p Y A a I'm Im IN p } ie = T w CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MAY 4,2005 VESTING TENTATIVE TRACT MAP N0. 5455/UGM SOUTHEASTERLY CORNER OF NORTH JEANNE AND NORTH BRAWLEY AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5455/UGM entitled Exhibit A, dated December 20, 2004 and the revised Exhibit A dated April 21, 2005, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 2 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. Landscapino and Walls 10. Pursuant to Fresno Municipal Code Section 12-1011-f-3, the developer/owner shall provide a 10-foot landscape easement (and irrigation system) along the property lines of lots which back-onto or side-onto North Brawley Avenue. 11. Update the acoustical analysis prepared for Conditional Use Permit Application No. C- 03-007 which proposed a 297-unit multiple family residential complex at the project site. Construction of a solid masonry wall or approved combination of earth berm and solid wall (at finished grade of proposed site) pursuant to the updated acoustical analysis is required in accordance with the study's findings. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 3 12. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 13. The long term maintenance of the following items are 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 the street and landscape easements within N. Brawley Avenues and bordering the tentative map. • Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the Pedestrian Trail bordering the tentative map. • Maintenance of all Sidewalks and Street Furniture within N. Brawley Avenue and bordering the tentative map. • Maintenance of all Street Lights as approved by the Public Works Department within N. Brawley Avenue and bordering the tentative map. • Maintenance of all Street Trees as approved by the Public Works Department within N. Brawley Avenue and bordering the tentative map. 14. Construction plans for all features to be maintained by a CFD shall be included in the final map submission to the Planning and Development Department for processing. 15. Should the owner/developer choose to not be included within a CFD for the maintenance of the items listed in section 1 above, the property owner/developer shall privatize all common areas, within the tentative map and provide for the maintenance of all of the above items by the property owners. 16. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. 17. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 13, 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 Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 4 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. 18. 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. 19. On Exhibit A dated December 20, 2004, Outlots A-N shall be used for the following purposes: • Outlots A-E, G-1, K-N shall be used for landscaping purposes • Outlot F shall be used for street and access purposes • Outlot J shall be used for pedestrian path purposes Multi-purpose Trails 20. Exhibit 9 of the 2025 Fresno General Plan, "Multi-Purpose Trails Plan Map", depicts a bicycle/pedestrian/equestrian trail along the BNSF railroad tracks. The developer/owner shall construct the pedestrian portion of the trail within a 10-foot easement that runs along the easterly boundary of the project site, parallel with the railroad tracks. The trail shall include landscaping, a 5' meandering walk and fencing to separate the trail from the railroad right-of-way. The street pavement shall be striped for bike lanes in the area as required by the Public Works Department. The equestrian portion of the trail is anticipated to be accommodated at a future time on the adjacent excess railroad property. Buildina Setbacks 21. Building setbacks shall be in accordance with the R-2 zone district as shown on Exhibit "A" of Conditional Use Permit Application No. C-04-330 (which allows for reduced building setbacks) dated January 20, 2005, and Exhibit A-1 dated April 21, 2005 and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. Information 22. Vesting Tentative Tract Map No. 5455/UGM is subject to Planning Commission approval of related Conditional Use Permit Application No. C-04-330. 23. Vesting Tentative Tract Map No. 5455/UGM is subject to Council approval of the vacation of portion of the following streets: North Brawley Avenue and any underlying street easements within the boundaries of the map. 24. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school district's adopted schedule of fees. Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 5 25. Contact the United States Postal. Service for the location and type of mailboxes to be installed in this subdivision. 26. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 27. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 28. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 29. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 30. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 31. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 32. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 6 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. 33. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 34. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager(see below-noted conditions). PARK SERVICE 35. Comply with the attached memo from the Public Works Department dated March 28, 2005 for street tree requirements. Urban Growth Management Requirements 36. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. FIRE SERVICE 37. This project is within two miles from City of Fresno Fire Station No. 14. 38. Provide residential hydrants on site and fire flows per Public Works Standards with two sources of water. 39. Fire hydrants shall be tested and approved and all surface roads shall be installed and made serviceable prior to and during the time of construction. The 4 1/2 inch outlet shall face the access lane. Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 7 40. Two means of ingress/egress must be provided. This access must be maintained during all phases of development. The Brawley Avenue connection to the previously approved Verba Avenue alignment provides the second point of access. Therefore, Verba must be completed between Figarden Drive and Brawley Avenue prior to construction on the site. 41. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. 42. All gates on common access drives shall be equipped with approved Police/Fire bypass locks (best locks: Padlock 21 8700 series or Cylinder lock 1 W7132). Gates/fences shall not obstruct the minimum width required for fire lanes. Urban Growth Management Requirements 43. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. SOLID WASTE SERVICE 44. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 45. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 46. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 47. The developer shall provide 18' unobstructed clearance at the entrance and exit gates along the path the solid waste truck travels. 48. Provide access to gates by 6:00 a.m. on the solid waste service day. 49. There shall be no parking allowed in any cul-de-sac on the solid waste service day. All lots that are part of a cul-de-sac shall be clear of all vehicles by 6:00 a.m. These lots include: Lots 162, 163, 164, 201, 202, 203 and Outlots B, H and I. 50. Cul-de-sacs shall have a minimum of 40' curb-to-curb radius 51. On-street parking along Outlot F, adjacent to outlots K and L, shall be limited to one side of the street to allow adequate travel paths (minimum 18) for solid waste trucks. Conditions of Approval Vesting Tentative Tract Map No. 54551UGM May 4, 2005 Page 8 STREETS AND RIGHTS-OF-WAY 52. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 53. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 54. 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 Public 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). 55. 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. 56. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector (North Maple Avenue) and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 57. 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. Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 9 58. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. Frontage Improvement Requirements: Exterior Streets: Brawley Avenue: Local 59. Vacate 30' of property, measured from section line, along the Brawley frontage, south of the proposed entry. See site plan for related Conditional Use Permit No. C-04-330. Comply with all conditions of the vacation. 60. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 61. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub-division. 62. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E- 9 for Local Streets. 63. Relinquish direct vehicular access rights to Brawley Avenue from all lots within this subdivision. Marty Avenue: Local 64. Relocate proposed entry out of the Marty Avenue right of way and construct a Cul-de- sac per Public Works Standard P-19. 65. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 66. Construct permanent paving, as needed, within the limits of this subdivision, to Public Works Standards. 67. 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. Interior Streets: Private 68. Please note that the proposed layout on Exhibit A dated December 20, 2004 may not be sufficient for vehicles backing out adjacent to Outlot L and Outlot K. The revised exhibit "A-1", dated April 21, 2005, provides sufficient space. (24' minimum needed for vehicular backup) Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 10 69. Vacate any underlying street easements with the map or by a separate document. Specific Mitigation Reauirements• 70. 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. 71. 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 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 Public Works Department, Engineering Division for review and approval. UGM Requirements: 72. This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees. STREET NAMES Change the following street name to reflect its proper spelling, direction or name: 73. Make the following changes to the street names: a. Brawley Avenue to North Brawley Avenue b. Marty Avenue to North Marry Avenue c. Submit requests for new street names for the private streets. Proposed street names must be unique to the County of Fresno and must not have the suffix of avenue, street or road. SANITARY SEWER SERVICE 74. The nearest sanitary sewer mains capable of serving the project are 8-inch sanitary mains located in North Marty and North Brunswick Avenues. Sanitary sewer service through the city's sewer system would require the following prior to connection. 75. Construct an 8-inch sanitary sewer main in North Brawley Avenue from North Brunswick Avenue north across the project frontage. 76. Provide sanitary sewer service to parcels fronting North Brawley Avenue. 77. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot. 78. Separate sewer house branches shall be provided for each lot created. Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 11 79. Abandon all existing on-site private sanitary sewer systems in accordance with City standards. 80. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 81. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for any proposed additions to the sanitary sewer system. Urban Growth Management Requirements 82. Payment of appropriate sewer connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. These payments include the following: Sewer Lateral Charge; Trunk Sewer Charge (Cornelia); and, Wastewater Facilities Charge (residential only). WATER SERVICE 83. The nearest City of Fresno water mains capable of serving the project are 12-inch water mains located in North Brawley and North Marty Avenues. The following conditions are required to provide water service to the tract. 84. Provide a 20-foot water easement for the existing water main within proposed lot 134. 85. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 86. Separate water services with meter boxes shall be provided to each lot created. 87. 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. 88. 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. 89. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 90. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. 91 Payment for installation ofwater service(s) and/or meter(s) and wet-tie(s) is required. Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 12 92. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. FRESNO IRRIGATION DISTRICT(FID) 93. FID's "E-4" Ditch No. 127 pipeline traverses the subject property as an open canal and pipeline. 94. FID requires the applicant grant an exclusive easement to FID and pipe the "E-4" Ditch No. 127 Canal across the proposed development in accordance with FID standards and that the applicant enters into an agreement with FID for that purpose. The applicant will need to meet with FID to determine the pipeline alignment and required pipeline diameter. 95. FID requires that the applicant replace the existing pipe with new pipe of the same diameter in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. 96. FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 97. FID requires its easement be shown on the map with proper recording information and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 98. FID requests that the applicant obtain FID's written consent before the construction of any public facilities or before the conveyance of any deeds or easements within FID's canal easement to another party. 99. For informational purposes, an abandoned private canal known as the E-5 No. 514 traverses the subject property. This private canal will not need to be replaced. FLOOD CONTROL AND DRAINAGE 100. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated April 29, 2005. 101. 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 Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 13 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 102. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated March 22, 2005, for Vesting Tentative Tract Map No. 5455/UGM. FRESNO UNIFIED SCHOOL DISTRICT 103. Contact the Fresno Unified School District for their requirements and/or fees. RIGHT-OF-WAY ACQUISITION 104. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 105. 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. 106. 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. 107. 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. 108. 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. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 109. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 14 110. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. DEVELOPMENT FEES AND CHARGES 111. This project is subject to the following fees and charges: PARKS DEPARTMENT FEE/ RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree C. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DIST. FEE/RATE g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. Rates increased as of November 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) i. Oversize Charge* $0.05/sq. ft. (to 100' depth) j. Trunk Sewer Charger $419/living unit Service Area: Cornelia k. Wastewater Facilities Charge* $2,119/living unit I. Copper Avenue Sewer Lift Station Charge* N/A m. Fowler Trunk Sewer Interim Fee Surety* N/A n. House Branch Sewer Charger N/A o. Millbrook Overlay Sewer* N/A Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 15 WATER CONNECTION CHARGES FEE RATE p. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. q. Frontage Charge* $6.50/lineal foot r. Transmission Grid Main Charge* $643/gross acre (parcels 5 gross acres or more) s. Transmission Grid Main Bond Debt Service Charge w► $243/gross acre (parcels 5 gross acres or more) t. UGM Water Supply Feer Service Area: 201s $407/living unit u. Well Head Treatment Fee♦ $0/living unit Service Area: 201 v. Recharge Feer $0/living unit Service Area: 201 w. 1994 Bond Debt Service* $0/living unit Service Area: 201 DEVELOPMENT IMPACT FEE FEE RATE x. Northeast Fresno Policing Area* N/A y. Traffic Signal Charge* $331.75/living unit URBAN GROWTH MANAGEMENT FEE RATE z. UGM Fire Station Capital Fee* $2056/gross acre Service Area: 14 aa. UGM Park Fee* $3283/gross acre Service Area: 6 bb. Major Street Charge* $2798/adj. acre Service Area: C/D-2 Conditions of Approval Vesting Tentative Tract Map No. 5455/UGM May 4, 2005 Page 16 cc. Major Street Bridge Charge* $94/adj. acre Service Area: C/D-2 dd. UGM Grade Separation Fee* N/A Service Area: ee. UGM Trunk Sewer Charge* N/A Service Area: Cornelia ff. Street Acquisition/Construction Chargee N/A Notes: + Due at time of development * Deferrable through Fee Deferral Covenant. ♦ Due at time of subdivision. KAMaster Files-Tract Maps\Tract 5455 Shelby Chamberlain(C-04330)\T-5455-COA.doc D E P A R T M E N T O F P U B L I C W O R K S TO: Shelby Chamberlain ,Planner 111 Planning Division FROM: NANCY MORRISON, PROGRAM MANAGER, (559.621.8690) DATE: March 28, 2005 SUBJECT: VESTING TENTATIVE MAP OF TRACT 5455 The DEPARTMENT OF PUBLIC WORKS offers the following comments regarding the STREET TREES and BUFFER LANDSCAPING. STREET TREE REQUIREMENTS A. Fresno Municipal Code requires one tree per 60 lineal feet of street frontage. The subdivider is required to provide street trees on all public street frontages and buffer landscaping easements. The subdivider is required to provide automatic irrigation for all street trees. The irrigation system shall comply with FMC 12-306-N-23. B. The street tree species are designated for the following rights of way: STREET NAME STREET TREE SPECIES N. Brawley Ave. Pistacia chinensis, (Chinese Pistache) BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS A. The subdivider is required to landscape/ irrigation and provide long term maintenance for landscape in the landscape buffer(s) on lots 162, 163 and 164 backing to North Brawley, The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. B. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to THE DEPARTMENT OF PUBLIC WORKS for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the THE DEPARTMENT OF PUBLIC WORKS street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-N -23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent Department of Public Works comments T-5455 Tentative Map March 28,2W5 page 2 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 I' of level ground between the slope and the back of the sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the THE DEPARTMENT OF PUBLIC WORKS/ ENGINEERING SERVICES DIVISION. 4. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. S. 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 waterwell sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. APR-29-2005 FRI 04:05 PM FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 02 File No.310.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER 04 -Mr. Gil Haro, Planning Manager WCM LAND L.P. Planning & Development Department 7259 N-FIRST ST,STE 101 City of Fresno FRESNO,CA 93720 2600 Fresno Street - 0 Fresno, CA 93721 MAP NO_ 5455 PRELIMINARY FEF(S)(See below) DR AMACE AREA(S) to AE DRAINAGE AREA " AE " S81,846.00 DATE �-i' Z!:q' 0 S DRAINAGE AREA - - TOTAL FEE S81,846.00 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 0 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 Mph indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. U1 Considerations which may affect the fee obligation(s) or the timing or form of fez 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. 54,5 -469 E.OLIVE - FRESNO.CA 93727 - (559)4SW292 - FAX(559)456-3194 rwo sided d=umernr APR-29-2005 FRI 04:05 PM FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 03 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) W1i.en 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. a. Drainage from the site shall be directed to X b. Grading and drainage ,patterns shall be as identified on Exhibit No. 1 #—_2 c. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. ?, The proposed development shall construct andlor 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 Train Plan XFinal 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 cc,nveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through X d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy X Does not appear to be located within a flood prone area. ,,: S469 E.OLIVE - FRESNO.CA 93727 . (559)456-3292 - FAX(559)456-3194 Two sided document APR-29-2005 FRI 04:05 PH FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 04 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQU11-- ENTS 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 04 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 0 generated by operations at the development after construction. 04 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 ?round 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 Nonce 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, eliminate non-storm water discharges; conduct routine site inspections,train employees 0 in permit compliance,and complete an annual certification of.compliance. ■ b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by 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. ,Qi; 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document APR-29-2005 FRI 04:05 PM FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 05 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. K See Exhibit No. 2 for additional comments, recommendations and requirements. Z� Ak Gerald E. Lakeman, Proje6t Engineer: Jamie Miller District Engineer C: QUAD KNOPF 8405 N. FRESNO ST., STE 300 FRESNO, CA 93720 ,,,, 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided oocumenr APR-29-2005 FRI 04:06 PM FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 06 i NOTE: THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. r \ r ' �15-027-112 r ` ej �\ / r E4 CANAL I 20' \ TO E PIPED I BY DEVELOPER I �,_E-4 CANAL f I TO REMAIN 415427-IOS I I Q VA LEGEND BARSTOW AVE. — 2V Easement Location To Dedicated To District Master Plan Facilities To Be Constructed By Developer-Inlet&Lateral p Existing Pump Discharge Stand • Canal Intertie Structure To Be Constructed By Developer (Not Eligible For Fee Credit) l ?,9m 15"Mowstrip To Be Constructed By Developer SCALE.00 t"=400' ❑—---— Existing Master Plan Facilities Q-- Future Master Plan Facilities -.� Direction Of Drainage —— - ——— Inlet Boundary • Existing Temporary Inlet Portion E-4 Ditch To Be Placed In Pipeline TRACT 5455 DRAINAGE AREA:"AE" EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAW 9Y. MM UM 4610 R6VlM Kuunma0wc7rtxlnemruCT,iv45SA�i APR-29-2005 FRI 04:06 PH FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 07 OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction oi'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. The Developer of Tract 5433,west of Tract 5455,has proposed to construct the future Master Plan facilities west of Tract 5455 in the proposed Verba Avenue Alignment. Upon completion of these storm drainage facilities, permanent drainage service will be available to the northwest portion of Tract 5455. The construction of Master Plan facilities shown on Exhibit No. 1 will provide permanent drainage service to the central portion of the development. Permanent drainage service is available to the southeast portion of the development provided the Developer provides documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the Master Plan inlet located at the northeast corner of West Barstow and North Marty Avenues. Access from the most northerly point of Marty Avenue to Basin "AE"is required to accommodate the District's construction, operation, and maintenance of a pump station for Basin "AE". The Developer must submit for review and approval by the District any access plan prior to its implementation. The Developer of Tract 5455 is ret7ecting the replacement of the District's perimeter fence along Marty Avenue from chain-link to wrought iron on the tentative map. The District will need to review and approve the design of the proposed wrought iron fence prior to any construction activity along the mutual property line shared by the District's Basin "AE". The Developer will also be required to enter into a maintenance agreement with the District through the homeowner's association for the maintenance of said fence. Development No. Tract 5455 'Page 1 of 2 cngAperm its\cxh ibitNract154 j 5(p) APR-29-2005 FRI D4:06 PM FRESNO FLOOD CONTROL FAX NO. 5594561076 P. 08 OTHER REQUIREMENTS EXHIBIT NO. 2 A fifteen-foot(15')storm drain easement will be required whenever storm drainfacilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs,swimming pools,and trees. The Developer shall grant a drainage covenant for APN 415-027-121i to allow surface runoff to reach future Master Planned facilities. In an effort to improve storm water runoff quality, outdoor storage areas shall be constructed and maintained such that material which generates contaminants will not be conveyed by runoff into the storm drain system. No surface run-off shall be directed towards the FMFCD basin. The District recommends a single fence between the site and the District's basin. The Developer should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than the existing chain link fence is proposed, District review and approval of the proposed fence is required. The District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of grades at our mutual property line prior to preparing a grading plan.. Development No. Tract 5455 Page 2 of 2 - Cngt\permits�cxliibit3lti»ct�5455Qm) San Joaquin Valley Air Pollution Control District March 22, 2005 Reference: S2005000185 1131 Attn: Shelby Chamberlain 1r111ECIENIED Planning Division Development Department LIAR Z 1 2005 2600 Fresno Street n Piann, D,v+la� Fresno, California 93721-3604 Development Department CIT`!nc F7;;Fc, - RE: Vesting Tentative Tract Map 5455, CUP C-04-330, 203 lots SFR Dear Ms. Chamberlain: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the documentation provided and has the following comments: The entire San Joaquin Valley Air Basin is classified non-attainment for ozone and fine particulate matter, (PM10). This project would contribute to the.overall decline in air quality due.to increased traffic'and,ongoing operational emissions. A concerted effort should be.made to reduce project-related emissions as outlined below: This project is over the District's Small Project Analysis Level (SPAL) threshold as defined in the Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI). The District's Thresholds of Significance, as defined in the GAMAQI, for adverse air quality impacts are 10 tons per year for either of the following two ozone precursor emissions: reactive organic gases (ROG) or oxides of nitrogen (NOx). The District recommends the preparation of an Air Quality Impact Assessment (AQIA) and a Traffic Impact Study to determine impacts when projects are of this size, unless an analysis has been accomplished for a recent previous approval such as a general plan amendment or zone change. Please indicate to the District if the project has been analyzed and what the results were from any previous study. Based on the information prctvided, 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. This project may be subject to additional District Rules. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged poi�o�ta`ct the District's Small Business Executive Director/Air Pollution Control Officer 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 95356-9322 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 (209)557-6400•FAX(209)557-6475 (559)230-6000•FAX(559)230-6061 (661)326-6900• FAX(661)326-6985 www.valleyair.org Assistance Office at (661) 326-6969. 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. The District's Governing Board approved amendments to Regulation VIII that became effective on October 1, 2004. If a residential project is 10.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see section 6.4.1). A template of the District's Dust Control Plan is available at: http://www.vallevair.org/busind/complv/PM1 0/forms/DCP-Form%20%2010-14-2004.pdf 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 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and Rule 4902 (Residential Water Heaters) limit the emissions of PM10 and NOx in residential developments. On July 17, 2003, the District's Governing Board adopted amendments to Rule 4901. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1, 2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2) dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.valleyair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. This project may be subject to additional District Rules not enumerated above. To identify additional rules or regulations that apply to this project, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (661) 326-6969. The District encourages innovation in measures to reduce air quality impacts. There are a number of measures that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The measures listed below should not be considered all- inclusive and remain options that the project proponent should consider: From Table 6-4 of the GAMAQI: - Use of Alternative fueled or catalyst equipped diesel construction equipment. - Limit the hours of operation of heavy-duty equipment and/or the amount of equipment in use - The project applicant should specify the conditions of reduced hours or reduced amount of equipment. - Implement activity management (e.g. rescheduling activities to reduce short-term impacts) - 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 - For curtailment during periods of high ambient pollutant concentrations, the criteria should be set in terms of the Air Quality Index. See the table below for more information on the Air Quality Index. http://www.epa.gov/airnow/agi.html#2ood Air Quality Index Numerical Levels of Health Value Meaning Concern Good 0-50 Air quality is considered satisfactory, and air pollution poses little or no risk. Air quality is acceptable; however, for some Moderate 51-100 pollutants there may be a moderate health concern for a very small number of people who are unusually sensitive to air pollution. Unhealthy for Members of sensitive groups may Sensitive Groups 101-150 experience health effects. The general public is not likely to be affected. Everyone may begin to experience health Unhealthy 151-200 effects; members of sensitive groups may experience more serious health effects. Very Unhealthy 201-300 Health alert: everyone may experience more serious health effects. Health warnings of emergency conditions. Hazardous > 300 The entire population is more likely to be affected. From Table 6-3 of the District's Guide to Assessing and Mitigating Air Quality Impacts 2002 revision (GAMAQI) - 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 al exiting trucks, or was off all trucks and equipment leaving the site - Install wind breaks at windward side(s) of construction areas - Limit area subject to excavation, grading, and other construction activity at any one time Additional Mitigation Measures: • When feasible, construction activity should occur during early morning, late evening, and night time hours, Ozone formation is directly related to temperature and sunlight. If the project emits short-lived ozone precursors during cooler hours, the project's local impact will be reduced. • Construction equipment should have engines that are at least Tier I (as certified by the Air Resources Board). Tier I and Tier II engines have a significantly less PM and NOx emissions compared to uncontrolled engines. To find engines certified by the Air Resources Board, see hfp://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. • 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 h_ttp://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.org/ For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.lgc.org/bookstore/energv/downloads/siv tree guidelines.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. Direct pedestrian access to the main entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Such access should consist of paved walkways or ramps and should be physically separated from parking areas and vehicle access routes. o Specifically: Bus turnout(s) should be planned near the entrance(s) of the development for school bus loading to accommodate school-age children. • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled)from obstacles and automobiles. Pedestrian walkways should be created to connect all buildings throughout the project. The walkways should create a safe and inviting walking environment for people wishing to walk from one building to another. • As many energy-conserving features as possible should be included the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency (above California Title 24 Requirements) - See http://www.energy.ca.gov/title24/. - Increased wall and ceiling insulation (beyond building code requirements) - Energy efficient widows (double pane and/or Low-E) - High-albedo (reflecting) roofing material. See http://eetd.lbi.-gov/coolroof/ - Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See http://www.harc.edu/harc/Pro*ects/CoolHouston/, http://eande.lbl.gov/heatisland/ - Radiant heat barrier See http://www.eere.energy.aov/consumerinfo/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.enerqystar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Programmable thermostat(s)for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Orient the unit(s) to maximize passive solar cooling and heating when practicable - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See.http://www.advancedbuildings.orq - Electrical outlets around the exterior of the unit(s)to encourage use of electric landscape maintenance equipment - Low or non-polluting landscape maintenance equipment (e.g. electric lawn mowers, reel mowers, leaf vacuums, electric trimmers and edgers, etc.) - Pre-wire with high speed modem connections/DSL and extra phone lines - 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.lgc.org, http://www.sustainable.doe.-gov/, http://www.consumerenergvicenter.org/index.html, http://www.ciwmb.ca.gov/Green Building/ 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 (661) 326-6980. Sincerely, Heather Ellison Air Quality Planner Southern Region c: file CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MAY 4, 2005 CONDITIONAL USE PERMIT APPLICATION NO. C-04-330 PART A- PROJECT INFORMATION Assesor Parcel Nos. 415-027-10 and 415-101-10 Street Location Southeasterly corner of North Jeanne and North Brawley Avenues Zoning R-2/UGM Project Description A 203-lot single family residential planned development on approximately 26 acres of property to be developed at an overall density of 7.8 dwelling units per acre. The planned development will have private streets, 14 outlots for open space and access, reduced lot sizes and reduced building setbacks. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Fresno City Planning Commission, on May 4, 2005, will consider the special permit application subject to the enclosed list of conditions and Exhibits A, B-1, B-2, B-3, B-4, B-5, B-6, C-1, C-2, C-3, C- 4, C-5, C-6, L-1 and L-2 dated January 20, 2005 and Exhibit A-1 dated April 21, 2005. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; Conditions of Approval Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 2 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original conditional use permit exhibits (Exhibits A, B-1, B-2, B-3, B-4, B-5, B-6, C-1, C-2, C-3, C-4, C-5, C-6, L-1 and L-2 dated January 20, 2005 and Exhibit A-1 dated April 21, 2005) to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete the backcheck process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Call Shelby Chamberlain at 559/621-8042. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. Conditions of Approval Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 3 PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to Louise Monroe at 559/621-8678 and questions relative to utility connection charges and Urban Growth Management fees may be directed to Frank Saburit at 559/621-8077 of the Planning and Development Department, Building and Safety Services Division, Land Division and Engineering Section. 1. OFF-STREET PARKING FACILITIES AND GEOMETRICS a. Off-Street (on-site) parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual, Standard Specifications and requirements. b. The applicant shall provide access and directional signs (e.g. "Entrance," "Exit," "Right Tum Only," "One Way," handicap signs, etc.) as determined by the City Traffic Engineer and as noted on Exhibit A dated January 20, 2005. C. Parking lot pavement and drainage design shall be in accordance with Public Works Department Standard Drawing Nos. P-41, P-42 $ P-43 and incorporated into the site drainage plan. Site drainage to alleys requires approval by the City Engineer. A site drainage plan is required to be reviewed and approved by the Planning and Development Department, Building &Safety Services Division prior to the commencement of work. PART D - PLANNING/ZONING REQUIREMENTS PLANNING 1. Development is subject to the following plans and policies: - Bullard Community Plan - Medium-High Density Residential Land Use - Planned Development Section of the Fresno Municipal Code (Section 12-306-N-21) ZONING 2. Development is in accordance with the existing R-2/UGM zoning. POPULATION DENSITY (Residential Projects) 3. The proposed density is approximately 7.8 dwelling units per acre, which is within the allowable range of the medium-high density residential planned land use as provided by Fresno Municipal Code Section 12-403-B-2.b(1). Conditions of Approval Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 4 LOT AREA 4. Each lot shall have a minimum area as shown on Exhibit "A" dated January 20, 2005 and Exhibit "A-1" dated April 21, 2005. BUILDING HEIGHT 5. The maximum allowable building height is 35 feet. The proposal is within the required height. EXCEPTIONS: Overheight structures may be approved by the City Planning Commission. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. BUILDING SETBACK, OPEN SPACES AND LANDSCAPING 6. All rear and side yard setbacks shall be in compliance with the setbacks shown on Exhibit "A" dated January 20, 2005 and Exhibit "A-1"dated April 21, 2005. 7. The 4-foot easements shown along the side property lines of the majority of the lots on Exhibit "A" dated December 20, 2004 and Exhibit "A-1" dated April 21, 2005, are intended to be used by the adjacent property owner so that each lot has at least one usable 8-foot side yard. No structures are allowed to be constructed within this 4-foot easement. 8. Provide the following minimum landscaped areas: a. 10 feet along North Brawley Avenue b. Outlots A, B, C, D, E, G, H, I, K, L, M and N as shown on Exhibit "A-1" dated April 21, 2005 C. Area at the subdivision entrance from North Marty Avenue No structures of any kind may be installed or maintained within the above landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device) etc., are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc. shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. 9. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Put this note on the site and landscape plans.) 10. There shall be two trees planted in the front yard of every lot. Conditions of Approval Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 5 FENCES, HEDGES, AND WALLS 11. Walls and gates shall be in compliance with Exhibits "A", "L-1" and "L-2" dated December 20, 2004 and Exhibit "A-1" dated April 21, 2005 and as indicated per Conditions of Approval for Vesting Tentative Tract Map No. 5455/UGM dated May 4, 2005. 12. Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. ACCESS 13. Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for Vesting Tentative Tract Map No. 5455/UGM dated May 4, 2005. COVENANTS AND AGREEMENTS 14. The covenants, conditions, and restrictions for the owner's association shall comply with Section 12-1026 of the Fresno Municipal Code. OUTDOOR ADVERTISING 15. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for separate Sign Review. Contact Public Services for information at 559/621-8277. (Include this note on the site plan.) BUILDING ELEVATIONS 16. All houses in the subject planned development shall be in compliance with elevations and plans shown in Exhibits B-1, B-2, B-3, B-4, B-5, B-6, C-1, C-2, C-3, C-4, C-5, and C-6. PART E - CITY AND OTHER SERVICES FIRE PROTECTION REQUIREMENTS 1. Comply with requirements noted in Vesting Tentative Tract Map No. 5455/UGM Conditions of Approval dated May 4, 2005. FLOOD CONTROL REQUIREMENTS 2. Comply with requirements noted in Vesting Tentative Tract Map No. 5455/UGM Conditions of Approval dated May 4, 2005. Conditions of Approval Conditional Use Permit Application No. C-04-330 May 4, 2005 Page 6 SOLID WASTE 3. Comply with requirements noted in Vesting Tentative Tract Map No. 5455/UGM Conditions of Approval dated May 4, 2005. SCHOOL FEES 4. School fees must be paid prior to issuance of building permits. (Contact Fresno Unified School District for further details.) Provide proof of payment (or no fee required) prior to issuance of building permits. STREET TREE REQUIREMENTS 5. Comply with requirements noted in Vesting Tentative Tract Map No. 5455/UGM Conditions of Approval dated May 4, 2005. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 6. Comply with requirements noted in Vesting Tentative Tract Map No. 5455/UGM Conditions of Approval dated May 4, 2005. PART F- MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. KAMaster Files-Tract Maps\Tract 5455 Shelby Chamberlain(C-04-330)\C-04-330-C6A.doc MAR.24.2005 4:19PM CAL TRANS PLANNING NO.522 P.1i3 STATS Of CALIFORMA ai7]$mEss.ims=TAnm AND HOusiwca A(arNry ARNOLD 3MV RZENnQGFR rove Tw DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 126I6 FRESNO,CA 93778-2616 PHONE (559)445-6666 F7e;yourpower! FAX (559)488-4088 Be enrrV efficient! TTY (559)48$4066 March 24,2005 2131-IGR/CEQA 6-FR.E-99-28.4+/- C-04330 &T-5455 WCM LAND, L-P. Ms. Shelby Chamberlain City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Chamberlain: We have reviewed the application for the proposed 203-lot single-family residential development located on the southeast comer of North Brawley and North Jeanne Avenues. Caltrans has the following comments: It is Caltrans' understanding that the 2025 General Plan MEIR requires projects that will produce 100 or more peak-hour trips (as this project Will)to evaluate the project's contribution to increased peak-hour vehicle delay at major street intersections adjacent or proximate to the project site(Mitigation Measure B-.4). Has such an analysis been done? A Traffic Impact Study (TIS)is needed to assess the project-related impacts to the State Highway system and appropriate mitigation measures. As per the City's policy,please have the preparer of the traffic study reference the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002, and send the scope of the TIS to Caltrans before the traffic study is conducted- Caltrans Gide, while advisory, contains Best Practices and gives insight into Caltrans' expectations when reviewing a traffic study. If the traffic consultant has any issues or concerns regarding the use of the Guide or its interpretation,please contact us so resolution can be reached. Please allow sufficient time for Caltrans to review the TIS prior to the project going to the Planning Commission, The City should consider a transit alternative for this project. 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. Calttans recommends that this project be routed to Fresno Area Express(FAX) staff for their review and comment_ Please see Attachment Number 1 for other recommended transportation alternatives. We have prepared the attached spreadsheet identifying residential projects in the general vicinity of this development that the City has processed since the General Plan was adopted in November 2002. This is not an all inclusive list but only those residential developments that Caltrans has been afforded an opportunity to review. These projects will impact the State Route (SR) 99 interchanges at Herndon, Bullard and/or Ashlan and will result in cumulatively significant impacts to the State Highway System and to air quality. As cumulative impacts to these resources were not addressed in the General Plan Update Master BIR,the City should consider a -Calrra u ftproves mobilriy across California" MAR.24.2005 4:19PM CAL TRANS PLANNING X10.522 ---P-2/3-- Ms. Sandra.Brock March 24, 2005 Page 2 mechanism for evaluating and mitigating for these impacts. One approach to evaluating these cumulative impacts would be for the City to use the"Toolbox"from the San Joaquin Valley Growth Response Study to prepare an analysis of the impacts created by this and other approved developments in the City. This would help to clarify issues that have been raised since the General Plan Update regarding densities in general and the High Rise Corridor specifically. Caltrans is available to partner with the City in this endeavor. If you have any questions,please call me at(559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosures C: Mr. Jose Benavides, Transportation Manager, City of Fresno Public Works Ms.Barbara Goodwin, Council of Fresno County Governments "Cdtrons it prows mobxty across California" MAR.24.2005 4=19PM CAL TRANS PLANNING N0.522— P.3/3 — — - ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno,including this project,will make traffic operations Significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles, The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle(SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6, Exploring the potential for linldng 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. i CITY OF FRESNO — ENVIRONMENTAL ASSESSMENT/INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resource Code DATE REIW:D! �rr'-- �9ll�LING: (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact Report 20P5 APR 14 PM 3: 27 (MEIR) No. 10130 prepared for the 2025 Fresno General Plan ..ITY CLERK, FRES'dC Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 Applicant: Initial Study Prepared By: WCM Land L.P. Shelby Chamberlain, Planner III 7259 North First Street, Suite 101 April 14, 2005 Fresno, California 93720 Environmental Assessment Number: Project Location (including APN): Vesting Tentative Tract Map No. 5455/UGM Southeasterly corner of North Brawley and North Conditional Use Permit Application No. C-04-330 Jeanne Avenues. (APN: 415-027-10 and 415-101-10) Project Description: - Vesting Tentative Tract Map No. T-5455/UGM proposes to subdivide the 26-acre site into a 203-lot single family residential planned development with 14 outlots. Conditional Use Permit Application No. C-04-272 is a request to develop the subdivision with gated private streets, landscaped outlots, reduced lot sizes and reduced front, rear and side yard setbacks. The property is within the jurisdiction of the Bullard Community Plan and the 2025 Fresno General Plan. Both plans designate the property for medium high density residential land uses and the property is zoned R-2/UGM (Low Density Multiple Family ResidentiaUUrban Growth Management) which is consistent with the planned land use designation. The subject property is currently vacant and is surrounded by single and multiple family residential developments. Conformance to Master Environmental Impact Report(MEIR NO. 10130): The 2025 Fresno General Plan and Bullard Community Plan designate the subject parcel for medium high density residential planned land uses. The existing R-2/UGM (Low Density Multiple Family ResidentiaUUrban Growth Management) zoning for the subject property conforms to this medium high density residential planned land use designation. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed development 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 with residential uses at an intensity and scale (10.38 to 18.15 dwelling units per acre) that is permitted by the existing planned land use and zoning designation for the site. Thus, the development of the site with a 203-lot single family residential subdivision 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 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). 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 Finding of Conformity Under MEIR No. 10130 Environmental Assessment No.T-5455/C-04-330 Page 2 April 14, 2005 land use designations, include impacts associated with the medium high density residential land use designation 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 staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). /f (9 Darrell Unruh Date - Planning Manager, City of Fresno KAMaster Files-Tract Maps\Tract 5455 Shelby Chamberlain(C-04-330)\T-5455-C-04-330 FINDING OF CONFORMITY.doc • Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. T-5455/C-04-330 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. T-5455/ C-04-330 ENVIRONMENTAL ASSESSMENT(EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. T-5455IC-04-330 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 OUILITY 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 "0" Insufficient Information residential areas Insufficient information is available to determine the 1 8.2 Exposure of residences to high levels of glare 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 The proposed project will have an adverse environmental 1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to capacity deficiencies are projected 1 10.3 Speck traffic hazard to motorists,bicyclists, be of specific concern. However, this effect is not substantial enough in itself to require the preparation of an pedestrians 1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigable 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 preparation of an Environmental Impact Report. 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