HomeMy WebLinkAboutT-5466 - Conditions of Approval - 3/30/2006 . City of
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C riA gv Planning and Development Department
t 2600 Fresno Street • Third Floor Nick R Yovino
Fresno,California 93721-3604 Director
(559) 621-8003 FAX (559)488--1020
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September 23, 2005
Please reply to:
Mike Sanchez
a (559) 621 i804O
r
Mr. Dennis Bennett
P:O. Box 1597
Lodi, California 95241
Dear Mr. Bennett:
f
SUBJECT: FINAL ACTION BY THE FRESNO CITY COUNCIL AND FRESNO CITY PLANNING
COMMISSION REGARDING REZONE APPLICATION. NO. R-05-11 (AND VESTING
TENTATIVE TRACT MAP NO. T-5466 FOR PROPERTY LOCATED ON BOTH SIDES
OF EAST .CHURCH AVENUE BETWEEN SOUTH MINNEWAWA AND SOUTH
P CLOVIS AVENUES ,
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The Fresno City Councilconducted a duly noticed public hearing on September 21, 2005, to.consider
Rezone Application No. R-05-11 for property located on both sides of East Church Avenue between
South Minnewawa and South Clovis Avenues. This application relates to the proposed development
F of a 41-lot single family,subdivision with four outlots. Following a full and complete hearing, the
Council adopted Ordinance No. 2005-103, relating to the above application as follows
1. ADOPTED Ordinance Bill- No. 2005-103 (enclosed) that rezones 10.7 acres of the subject
property from the AE-5/UGM (Five Acre Agriculture Exclusive/Urban Growth Management)
zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone
district.
€ Please be advised that the Ordinance Bill shall become effective and in full force at 12:01 a.m., thirty-
one days after its passage.
The Fresno City Planning Commission previously conducted a duly noticed public hearing,on August
17, 2005, to consider Rezone Application No. R-05-11 and Vesting Tentative Tract Map No. T=5466.
The Planning Commission recommended approval to the City Council.Rezone Application No. R-05-
11 (Commission Resolution No. 12666): .The Commission also approved Vesting(Tentative Tract
Map No. T-5466 (Commission Resolution No.•12667). Since no appeals were filed on the tentative
tract map application, the Commissions action is final.
Please record this information for your future use. You will receive no further notice regarding these
applications. If you have any questions relating to this matter; please feel free to contact me.
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Dennis Bennett
Rezone Application.No R-05-11
Vesting Tentative Tract Map No. T-5466
Page 2 .
September 23, 2005
1
Sincerely;
PLANNI G DIV'..-ION
Mike San
Supervising Planner .
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K:\Masfer Files-2004\—Rezone\R-05-11-1VIS\Final Action LeBer.wpd
Enclosures: .Ordinance Bill No. 2005-103
Planning Commission Resolution Nos. 12666, 12667
h; c: Fresno County Assessor
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Thom pson-Hysell Engineers
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Recording Requested by:
City Clerk, Fresno, California
No Fee-Govt.Code 6103
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Return.to City Clerk, Fresno
Space above this line reserved for Fresno County Recorder=si Office
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ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO `
PROPOSED AND INITIATED BY`
MOVED BY Dages SECONDED BY Westerlund
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BILL NO. B-102
ORDINANCE NO. 2005-103
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AN ORDINANCE OF THE CITY.OF CALIFORNIA,
FRESNOAMEN
� . � DING
THE OFFICIAL ZONE.MAP OF THE CITY OF FRESNO HERETOFORE -
ADOPTED BY'ARTICLES 1 TO 4.5 INCLUSIVE,.CHAPTER 12, OF THE
�. FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE
CITY,OF FRESNO `
WHEREAS, Rezone Application No. R-05-11 has been filed by Dennis Bennett, property owner, .
with the City of Fresno to rezone property as described hereinbelow; and,
WHEREAS,the Roosevelt Community Plan Advisory Committee considered
k this application at its
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meeting of April 4, 2005, and recommended approval; and,
WHEREAS, pursuant to the provisions of Article 4, Chapter 12,of the Fresno jMunicipal Code;the
Planning Commission of the City of Fresno held a`public hearing on the 17th dayl of August, 2005, to
consider Rezone Application No.R-05-11 and related Environmental Assessment No. R-05-11/T-5466,'
E during which the Commission recommended to the Council of the City of Fresno approval of the subject
environmental assessment and rezone application amending the City's Zoning Ordinance on real property
described hereinbelow from the AE-5/UGMt(Exclusive Five Acre Agricultural/Urban Growth Management)
zone district to'the R-1/UGM (Single Family Residential/Urban Growth'Managemen#)zone district; and,
WHEREAS, the Council of the City of.Fresno, on the 20th day of September, 2005, received
th recommendation of the Planning Commission
s
'A
f Ordinance Amending Offs.,Ial Zone Map
Rezone Application No. R-05-11
Page 2
NOW,THEREFORE;THE COUNCIL OF THE CITY OF,FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the testimony and information resented at the hearing and upon review
P 9 P
and consideration of the environmental documentation provided, the adoption of the proposed rezoning
is in the best interest of he City of Fresno. The Council finds in accordance withlits own independent
judgment that there is no substantial evidence in the record that the rezoning may:have a significant
effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan
Master Environmental Impact Report (MSIR No. 10130) dated June 1.6, 2005, prepared for
Environmental Assessment No. R=05-11/T-54661. Accordingly, Environmental Assessment No. R-05-
1 11T-5466
-05-11/T-5466 is hereby approved.
SECTION 2. The.Council finds the requested R-1/UGM zone district is consistent with the existing
medium low densityresidential land use designations of the 2025.Fresno.General Plan g 'an and the Roosevelt.
Community Plan as specified in Section 12-403-B of the Fresno Municipal Code.
SECTION 3. The Council finds that the zone district of the real property described hereinbelow,
located in the County of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified
from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the
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R-1/UGM (Single Family ResidentiaUUrban Growth Management)zone district.
.From AE-5/UGM to R-1/UGM:
That portion of the Northwest quarter of Section 17,Township 14 South,
Range 21 East, Mount Diablo Base and.Meridian,according to the Official
Plat thereof, described as follows:
Beginning at the West quarter corner of said Section 17;thence North 01°
16' 12"West along the West line of the Northwest quarter of said Section
17, a distance of 273.29 feet to the true point of beginning; thence North
010 16'12"West,continuing along the West line of the Northwest quarter
of said Section 17, a distance of 1.377.11 feet to the'Northwest corner of
the South half of the South half of the Northwest quarter of the Northwest
quarter of said Section 17;thence North 86`57'43"East,along the North
line of the South half of the South half of the Northwest quarter of the
Northwest quarter of said Section 17, a distance of 1333.35 feet to the
Northeast corner of the South half of the South half of the Northwest
i quarter of the Northwest quarter of the Northwest quarter of said Section . .
4
Ordinance Amending Offi%�.al Zone Map
4A y, y Rezone Application No. R-05-11 {
Page 3
17,said point being on the West line of Parcel 2 of Parcel Map No.4359,
according to the map thereof recorded in Book 30, Page 41 of Parcel
Maps, Fresno County Records;thence South 01 29' 36" East, along the
West line of said Parcel 2; a'distance of 805.11 feet to a point on the
centerline of Fancher Creek; thence.Westerly and Southwesterly, along
the centerline of said Fancher Creek, the following ourses:
South 79° 16'01"West, a distance of 42.05 feet;thence North 88°31'31"
West,a distance of 35.09 feet;thence North 66° 00'62"West, a distance
of 45.93 feet; thence North 59 47'.48" West, a distance of 147.98,feet;
thence North 68°31'47"West,a distance of 44.11 feet;thence South 860
31'46"West, a distance of 39.65 feet; thence Soutli 550 61' 50"West, a
distance of 52.96 feet;thence South 540 47' 14"West,a distance of 68.54
feet; thence South 570 26' 36" West, a distance of 43.07 feet; thence
South 60'01' 57" West, a distance of 171.07 feet; thence South 530 49'
56" West, a distance of 117.03 feet; thence South 420 19' 05" West, a
distance of 114.03 feet; thence South 630 44' 29" West, a distance of .
63.68 feet; thence South 710 48' 11" West, a distance of 120.38 feet;
thence South 660.07'41"West,a distance of 65.14 feet;thence South 460
52' 25" West, a distance of 73.23 feet; thence South 390 54' 53° West,
leaving the centerline of said.Faucher Creek, a distance of 238.77 feet to
a point on the East line of that certain parcel of land deeded to the City of
Fresno November 5, 1987, as Document No.87133669, Official Records.
of Fresno County thence North 01 0`29' 36" West, along the East line, a
distance of 70.07 feet;thence North 730 53'59"West, along the North line
of that certain parcel of land deeded to the City of Fresno November 5,
1987, as Document No. 87133669, Official Records of Fresno County,
and along the.North line of that certain parcel of land deeded to the City of
Fresno December 7, 1981, in Book 7825 Page 536 of Official Records.of
Fresno County, a distance of 14.11 feet; thence South 210 21'34"West,
:along the Northwesterly line of that said certain parcel of land deed to the
City of Fresno December 7, 1981, in Book 78251, Page 536, Official
Records of Fresno County, a distance of 124.18 feet; thence South 880
.
43'48"West, a distance of 50.00 feet to the true point of beginning.
EXCEPTING THEREFROM one-quarter of all the-oil, gas, hydrocarbon
substances and minerals, in under and which may be produced from said
real property; and one-quarter of all the royalties, payments, rights and
benefits reserved to the lessor in any oil,gas or mine+al lease of said land,
and the right to enter upon said.real property and to explore and prospect
for and store and remove said oil, gas, hydrocarbons and minerals
therefrom and the right to construct and maintain on said land such roads,
pipe lines, telephone lines,tanks, buildings and other appurtenances as
may.'be reasonably;necessary or`incidental to such operations, and to
exercise such other rights, including the right of ingress and egress, as
may be reasonably necessary or incidental thereto as reserved in the
Deed from Milton G. Cooper& Son, Inc., a corporation, to M. Ducey and
Mable Ducey, husband and wife, as joint tenants, dated March 21, 1945,
recorded March 22, 1945 as Document No.,11687, Official Records.
:Ordinance Amending Offi%.al Zone Map
' Rezone Application No. R-05-11
L Pa9e 4
ALSO EXCEPTING THEREFROM an undivided one-half interest in and
to any and al oil, gas, or other hydrocarbon substances in or under said
land, as reserved by Mary Anderson, et al, in Deed recorded March 13,
1951, in Book 2984 Page 388 of Official Records.
ALSO EXCEPTING THEREFROM an undivided one-half i6terest in all oil,
gas and/or minerals, as reserved by William Bums, a single man, Robert
J. Burns and Betty S. Burns, his wife,and Mary Ann Ralston and Howard
J. Ralston, also known as.Howard Ralston, her husband and Vera M.
Bums, a widow, in Deed recorded July 28,'1,952 in Book 3192 Page 475
of Official Records.
Also excepting and reserving an undivided one-fourth interest in all oil,
gas and/or minerals in and under said land,as reserved in Deed recorded
January 8, 1959 in Book 4159 Page 552 of Official Records.
Note: By Quitclaim Deed dated.December 5, 1978 a d recorded January
23, 1979 as Document No. 8754 in Book 7204 Page 906; Official
Records, Transamerica Development Company formerly Capital
Company,' remised, released and quitclaimed to� Superior Farming
Company Tall surface rights to the parcel or parcels of land therein
described from a distance of not more than 50 feet in'depth. Reference is
made to the record for full particulars.
PARCEL 2: '
The North 12 acres of that portion of the Northeast quarter of the
Southwest quarter of Section 17, Township'14 South, Range 21 East,
Mount Diablo Base and Meridian, according to the Official Plat thereof,
lying Northwesterly of Washington Canal and North of the land described
in the deed of William A. Jones and wife, to A.A. Anderson, dated July
26, 1919, recorded in Book 698; Page 278 of Deeds, -
EXCEPTING THEREFROM any portion thereof lying W est of that certain
boundary line established in a survey on.March 25, 1880, and made a
matter of record in Book"M" Page 318 of Covenants.
ALSO EXCEPTING THEREFROM that portion described as follows:
Commencing at the West quarter corner of said Section 17;thence South
890 55' 26" East, along the North line of said Southwest quarter, a .
distance of 1350.46 feet to a point on the Westerly line of the lands of
Eshieman as agreed upon in an instrument recorded December 10, 1890,
in Volume"M" Page 318, et seq., of Covenants,Fresno County Records;
thence`South 00° 25' 47" East, continuing along said Westerly line, a
distance of 332.72 feet to,a point on the,South line of the North 12 acres
of the Northeast quarter.of the Southwest quarter of said Section 17;
thence South 89'55'21"East,along said South line,a distance of 378.10
feet;thence North 000 01' 17"East, a distance of 325.71 feet to the South
right of way line of East Church Avenue as shown on the Official Plan
Ordinance Amendinffi�,dl Zone'Map
g O
Rezone Application No. R-05-11
s�
Page 5
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Lines thereof recorded April 2,1991,in Volume 7 Pages 64 through 70 of
Precise Plan Lines, Fresno County Records; thence along said South
right of way line the following courses; North 890 58'43"West, a distance
of 231.62 feet to the point of curvature of a tangent curve"concave
Northerly and having a radius of 800.00 feet;thence',Westerly along said
curve,.through a central angle-of 03" 23 58 an arc distance of 50.25
feet;thence North 86° 34'45"West, a distance of 99.05 feet, to the point
of beginning.
ALSO EXCEPTING THEREFROM that portion of said North 12 acres
being more particularly described as follows: .
Beginning at the Southeast corner of said North 12acres; thence North
560 1T 48"West,a distance of 10.91 feet;thence North 33°33'30"East,
a distance of 14.77 feet; thence North 69° 49' 10"'West, a distance of
61.14 feet;thence North 780 461 West a distance of 58.71 feet;thence
North 89°58'42".West, a distance of 812.00 feet, more or less,to a point
on the centerline of that certain.easement as described in Document No.
` 94107398, recorded July 1, 1994,Fresno County Records, thence South
000 01',17"West, along said centerline; a distance of 49.93 feet, more or
less, to the South line of said North 12 acres; thence South 890 55' 18"
: East,along said South line, a distance of 927.90 feet, more or less,to the
point of beginning. .
ALSO EXCEPTING THEREFROM one-quarter of all the oil, gas and
minerals as heretofore reserved of record.
PARCEL 3:
That portion of the Southwest quarter of the Northeast quarter and of the
Northwest quarter of the Southeast quarter of Section 17, Township 14
South, Range 21 East, Mount Diablo Base and Meridian, according to the
Official Plat thereof, lying South of Fancher Creek(which is also known as
Central Canal) and Northwesterly of Washington Canal:
Except therefrom the West 40 feet.
Also except one-quarter of all oil, gas, hydrocarbon substances and
minerals in, under and which may be produced from said lands, and one-
quarter of all of the royalties, payments rights and benefits reserved to the
lessor in any oil, gas or mineral lease of said land, and the right to enter
upon said real property and to explore and prospect for and store and
remove said oil,gas, hydrocarbons and minerals therefrom, and the right .
to construct and maintain on said land such roads, pipe lines, telephone
lines, tanks, buildings and other appurtenances as may be reasonably
necessary or incidental to such operations, and to exercise such other
rights, including the right of ingress and egress, as may be reasonably
necessary or incidental thereto as reserved in the Deed from Milton G.
Cooper& Son, Inc., a corporation,to W. C. Monroe, a single man, dated
March 21, 1945, recorded March 22, 1945 as Document No. 11645.
Ordinance Amending Off��al Zone Map
'Rezone'Application No. R=05-11
'.. Page 6
nr.
:Also excepting an undivided one-quarter interest in and•to all oil, gas and
other hydrocarbons and minerals,now or at any time hereafter situate,`
therein and thereunder,together with all easements.and rights necessary
> or convenient for the production, storage and transportation thereof and
the exploration and testing of said real property, and also the right to drill
for, produce and use water from the said real property in connection with
.drilling or mining operations thereon, as reserved in the Deed from W. C.
Monroe to John D. Morgan,Jr. and Hazel Beall Morgan,recorded April 9,
-1947 in Book 2512, Page 16 of Official Records.• i`
PARCEL 4: {
r The West 40 feet of that portion of the Southwest quarter of the Northeast
quarter of Section 17, Township 14 South, Range 21. East,Mount Diablo
Base and Meridian, according,to the Official Plat thereof, lying South and
West of Fancher Creek; and also the West 40 feet of that portion of the
Northwest-quarter of the Southeast quarter of Section 17, Township 14
South, Range 21 East, Mount Diablo Base and Meridian, lying North and
_West of Washington Canal; ,
Except one-half of all the oil, gas and minerals, as heretofore reserved of
record;
And also excepting therefrom right of way as heretofore conveyed of
record.
SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m.on
the thirty-first day after its passage.
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CLERK=S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF. FRESNO ) -
CITY OF FRESNO )
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I, REBECCA E KLISCH; City Clerk of the City of Fresno, certify that the foregoing ordinance
was adopted by the'Gouncif of the City of Fresno, California, at a regular meeting held on the
20th day.:of September , 2005,.by the following vote:
Ayes: Calhoun' , Duncan, Perea, Sterling, Westerlund, "Dages
Noes. Boyaj ian
Absent: None
Abstain: :None
REBECCA E. KLISCH
-City Clerk
ByNAa�.A-1&
'O %
APPROVED AS TO FORM:
a,
HILDA CANTO.MONTOY .
City A, rney
By
Deputy
Rezone Application No. R-05-11
Filed by Dennis Bennett
Assessors Parcel No. 481-040-12s, 14s
i
KAMaster Files-2005CREZONEIR-05-111 CC Ordinance Bill
4z FRESNO CITY PLANNING COMMISSION
' f RESOLUTION NO. 12266
The Fresno City Planning Commission, at its regular meeting on August 17, 2005, adopted the following
resolution relating to''Rezone Application No. R-05-11.
1
WHEREAS, Rezone'.Application No. R=05-11 has been filed with the City of Fresno to rezone the propertyas
_ .described below:
REQUESTED ZONING: R-1/UGM(Single Family ResidentiallUrban Growth Management)zone district
EXISTING ZONING: AE-5/UGM (Exclusive Five Acre Agricultural DistrictlUrban Growth
Management)zone district
°.APPLICANT: Dennis Bennett
LOCATION: .Both 'sides of East Church Avenue between South Minnewawa and South
Clovis Avenues.
APN: 481-040-12s, 14s
LEGAL DESCRIPTION: From AE-5/UGM to R-1/0GM:
.PARCEL 1:
That portion of the Northwest quarter of Section' 17, Township 14. South,
Range 21 East,Mount Diablo Base and Meridian,according to the Official Plat
thereof, described as follows:
Beginning at the West quarter corner of said Section 17;thence North 01° 16'
12" West along the West.line of the Northwest quarter,of said Section 17, a
distance of 273.29.feet to the true point of beginning;thence North 01° 16'. 1291
West, continuing along the West line of the Northwest quarter of said Section
17, a distance of 1377.11 feet to the Northwest comer of the South half of the
South half of the Northwest quarter of the Northwest quarter of said Section 17;
r - ' thence North 86057' 43" East, along the North line of the South half of the
South half of the Northwest quarter of the Northwest quarter of said Section 17,
a distance of 1333.35 feet to.the Northeast corner of the South'half of the South
half of the Northwest quarter.of the Northwest quarter of the Northwest quarter.
of said Section 17-'said point being on the.West line of Parcel12 of Parcel Map
No.4359,according to the snap thereof recorded in Book 30,Page 41 of Parcel
Maps,Fresno County Records;thence South 01°29' 36"East, along the West
line of said Parcel 2,"a distance of 805.11 feet to a point on the centerline of
Fancher.Creek;thence Westerly and Southwesterly,along the centerline of said
Fancher Creek,the following courses
L Y
: South.:790 16' 01" West, a distance of 42.05 feet; thence North 88 31 31"
West, a distance of 35:09 feet; thence North 66° 00' 02". West, a distance of.
45.93 feet; thence North 590 47' 48"West, a distance of 147.98 feet; thence
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Planning Commission Resolution No. 12266 r<
Rezone Application No. R-05-11
August 17, 2005
Page 2
North 68° 31' 47" West, a distance of 44.11 feet; thence'South 860 31' 46"
West, a distance of 39..65 feet; thence South 55° 61' 50" West, a distance of
52.96 feet; thence South 54° 47' 14" West, a distance of 68.54 feet; thence
South 57° 26' 36" West, a distance of 43.07 feet; thence'South 600 01' 57"
West,a distance of 171.07 feet; thence South 53°49' 56"West,a distance of
117.03 feet; thence South 420 19',05"West, a distance of 114.03 feet; thence
South 630 44'29" West, a distance of 63.68 feet; thence;South 710 48' 11"
West, a distance of 120.38 feet; thence South 660 07' 41"West,a distance of
65.14 feet; thence South 46° 52' 25" West; a distance of 73.23 feet; thence
South 39° 54' 53" West, leaving the centerline of said!, Fancher Creek, a
distance of 238.77 feet to a point on the East line of that certain parcel of land
deeded;to the City of Fresno November 5, 1987, as Document No. 87133669,
Official Records of Fresno County thence North 01° 29' 36"West, along the
East.line, a distance of 70.07 feet; thence North 73° 53' 59" W est,'along the
North line of,that certain parcel of land.deeded to the City of Fresno November
5, 1987,as Document No. 87133669, Official Records of Fresno County,and
along the North line of that certain parcel of land deeded to the City of Fresno
December 7, 198.1, in Book 7825 Page 53.6 of Official Records of Fresno
County, a distance of 14.11 feet; thence South 21' 21'-34" West, along the
Northwesterly line of that said certain parcel of land deed to,the.City of Fresno ;
December 7, 1981,- in Book 7825'Page 536,Official Records of Fresno County,
a distance of 124.18 feet;thence South 880 43' 48"West, a distance of 50.00
feet to the true point of beginning.
>, EXCEPTING THEREFROM one-quarter of all the oil, gas, hydrocarbon
substances and minerals,-in under and which may be produced from said real
property, and one-quarter of all the royalties, payments, rights and benefits
reserved to the lessor in any oil, gas or mineral lease of said land, and the right
to enter upon said real property and to explore and prospect for and store and
remove said oil, gas, hydrocarbons and minerals therefrom and the right to
construct and maintain on said land such roads, pipe lines, telephone lines,
tanks, buildings and other appurtenances as may be reasonably necessary or
incidental to such,operations, and to exercise such other rights, including the
right of ingress and egress, -as may be reasonably necessary or incidental
thereto, as reserved in the Deed from Milton G. Cooper & Son, Inc., a
corporation,to M.Ducey and Mable Ducey,husband and wife,as joint tenants,
dated March 21, 1945, recorded March 22, 1945 as Document No., 11687,
Official Records.
ALSO EXCEPTING THEREFROM an undivided one-half interest in and to
any and al'oil,-gas, or other hydrocarbon substances in or under said land, as
reserved by Mary Anderson, et al,in Deed recorded March 13, 1951, in Book
2984 Page 388 of Official Records.
, - f .
ning Commission Resolution No. 12266 '
� Y ezone Application No. R-05-11
August 17, 2005
Page 3
: ALSO EXCEPTING THEREFROM an undivided one-half interest in all oil,
gas and/or minerals, as reserved by William Burns, a single man, Robert J.
Burns and Betty S. Burns, his wife, and Mary Ann Ralston and Howard.J.
Ralston, also known as Howard Ralston, her husband and Vera M. Burns, a
widow, in Deed recorded July 28, 1952 in Book 3192 Page; 475 of.Official
Records.
' I
Also excepting and reserving an undivided'one-fourth interest in all oil; gas
and/or minerals in and under said land,as reserved in Deedreeorded January 8, -
1959 in.Book 4159 Page 552 of Official Records.
Note: By Quitclaim Deed dated December 5, 1978 and recorded January 23,
' 1979 as Document No. 8754 in Book 7204 Page 906, Official Records,
.Transamerica Development Company formerly Capital Company, remised,.
released and quitclaimed,-to Superior Farming Company all surface rights to the
parcel or parcels of land therein described from a distance of not more'than 50
feet in depth. Reference is made to the record for full particulars.
PARCEL 2:
The North 12 acres of that portion of the Northeast quarter of the Southwest
quarter of Section17,Township 14 South,Range.21 East,Mount Diablo Base
and Meridian, according to the Official Plat thereof, lying Northwesterly of
Washington Canal and North of the land described in the deed of William A.
Jones and wife,to A.A.Anderson,dated July 26,1919,recorded in Book 698,
Page 278 of Deeds.
EXCEPTING THEREFROM any portion thereof lying West of that certain
boundary line established in a survey on March 25, 1880,and made a matter of
record in Book`°M"Page 318 of Covenants.
ALSO'EXCEPTING THEREFROM that portion described asi follows:
Commencing at the West quarter corner of said Section 17; thence South 89°
55' 26" East, along the North line of said Southwest quarter, a distance of
1350.46 feet to a point on the Westerly line of the lands of Eshieman as agreed
upon in an instrument recorded December 10, 1890,in Volume,"M"Page 318,
et seq., of Covenants,Fresno County Records; thence South 00° 25'47"East,
continuing along said Westerly line, a distance of 332.72 feet to a point on the
South line'of the North 12 acres of the Northeast quarter of the Southwest
quarter,of said Section 17 thence South 89 55' 21"East, along said South
line, a distance of 3 78.10 feet; thence North 00° 01' 17 Easi, a distance of
325.71 feet to the.South right of way line of East Church Avenue as shown on
the Official Plan Lines thereof recorded April 2, 1991, in Volume 7 Pages 64
I
z
Planning Commission Resolution No. 12266 �.�.�.
Rezone Application No.R-05-11
xk
August 17, 2005 ,
Page.4
through 70 of Precise Plan Lines Fresno County Records
g , ty ; thence along said
South right. of way line the following courses; North 0" 58' 43" West, a
distance of 231.62 feet to the point of curvature of a tangent curve concave
Northerly and having a radius of 800.00 feet;thence Westerly along said curve,
through a central angle of 03° 23' 58", an arc distance of 50-25 feet; thence
North 86° 34' 45" West, a distance of 99.05 feet, to the point of beginning.
ALSO EXCEPTING THEREFROM that portion of said North 12 acres being
more particularly described as follows:
•Beginning at the Southeast corner of said North 12 acres.;thence North 56° 17'
48"West,a distance of 10.91 feet;thence North 33°33'30"East,a distance of
14.77 feet; thence North 69° 49' .10" West, a distance of 61.14 feet; thence
North 78° 46'14" West a distance of 58.71 feet; thence North 890 58' 42
.West,a distance of 812.00 feet,more or less,,to a point on the centerline of that
certain easement as described in Document No. 941073 98,.recorded July 1,
1994, Fresno County Records, thence South 00° 0.1' 17 West, along .said
centerline,a distance of 49.93 feet,more or less,to the South line of said North
12 acres; thence South 890 55' 18 East, along said South line, a distance of
927.90 feet, more or less, to the point of beginning.
ALSO EXCEPTING THEREFROM one-quarter of all the oil,gas and minerals
as heretofore reserved of record.
PARCEL 3:
Thatportion of the Southwest quarter of the Northeast quarter and of the
Northwest quarter of the Southeast quarter of Section 17,Township 14 South,
Range 21 East,Mount Diablo Base and Meridian,accordingto the Official Plat
thereof,lying South of Fancher Creek(which is also known)as Central Canal)
and Northwesterly of Washington Canal.
Except therefrom the West 40 feet:
Also except one-quarter of all oil,gas,hydrocarbon substances and minerals in,
under and which maybe produced from said lands,and one-quarter of all of the
royalties,payments rights and benefits reserved to the lessor in any oil, gas or
mineral lease of said land, and the right to enter upon said real property and to
explore and prospect for and store and remove*said oil,gas,hydrocarbons and
minerals therefrom, and the right to construct and maintain lon said land such
roads,pipe lines, telephone lines; tanks,buildings and other appurtenances as
may be reasonably necessary or incidental to such operations, and to exercise w
such other rights, including the right of ingress and egress, as may be
reasonably necessary or incidental thereto as reserved in the Deed from Milton
`nning Commission Resolution No. 12266
r � ezone Application No. R-05-11:
August 17, 2005
Page 5 1
G. Cooper &•Son, Inc., a corporation, to W. C. Monroe, a single man, dated
March 21 1945 recorded March 22 1945 as Document No.
_ 111.
i
x 4 Also excepting an undivided one=quarter interest in and to all oil,gas and other
hydrocarbons and minerals now or at,any time hereafter situate, therein and
thereunder, together with all easements and rights necessary or convenient for
the production, storage and transportation thereof and the exploration and
testing.of said real property, and also the right to drill for, produce and use
water -from the said real property in connection with drilling or-mining
operations thereon, as reserved in the Deed from W. C. Monroe to John D.
Morgan, Jr.and Hazel Beall Morgan, recorded.April 9, 1947 in Book 2512,
Page`16 of Official Records.
•
PARCEL 4.
The West 40 feet.of that portion of the Southwest quarter of the Northeast
P
quarter of Section 17,Township 14 South,Range 21 East,Mount Diablo Base
and Meridian, according to the Official Plat thereof, lying South and West of
Fancher Creek; and also the West 40 feet of that portion of the Northwest
4 quarter of the Southeast quarter of Section 17, Township 14`South, Range 21..
East,Mount Diablo Base and Meridian, lying North and West of Washington .
Canal;
Except one-half of all the oil, gas and minerals, as heretofore reserved of
record;
And also excepting therefrom right of way as heretofore conveyed of record.
WHEREAS,the above-named applicant is requesting a toning change on the above property
in order to allow
for proposed 41-lot single family residential planned unit development; and,
j
WHEREAS, the Roosevelt Community Plan Advisory Committee.reviewed the application on April 4, 2005
and recommended approval; and,.
WHEREAS, the Fresno .City Planning Commission on August 17, 2005, reviewed the, subject rezone
application in accordance with the policies of the Roosevelt Community Plan and the 2025!Fresno General
Plan; and,
WHEREAS,
during the August 17, 2005, hearing, the Commission received a staff report and related
information, environmental documents and considered testimony regarding the requested'zoning change;
and,
WHEREAS, no neighbors spoke in opposition to the project.
' - 1
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s h.et�
-Planning Commission Resolution No. 12266
Rezone Application No. R-05
August 17, 2005 I r
Page 6
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission)hereby finds and
determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-05-11
may have a significant effect on the environment as identified by the Finding of Conformity, the 2025 Fresno
General Plan Master Environmental Impact Report (MSIR No.` 10130) dated June 16, 2005, prepared for
•Environmental Assessment No. R-05-11/T-5466.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission her recomlmends to the City
Council that the requested R-1/UGM (Single Family Residential/Urban Growth Management)zone district be
approved.
` The foregoing Resolution was adopted by 'the Fresno City ,Planning Commission upon a `motion by
Commissioner Vasquez, seconded by Commissioner Vang. .
VOTING: Ayes Vasquez, Vang, Cherry, DiBuduo, Kissler, Brand
Noes, - None
Not Voting None
` .. ... S
Absent
":None
DATED: August 17,'2005 IC YOVINO, Secretary :
Fre no City Planning Commission =
R solution No. 12266
Rezone Application No. R-05-11 }
Filed-by Dennis Bennett
Act-ion: Recommend Approval
KAMaster Files-2005VREZONMR-05-11-PC Reso.doc
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FRESNO CITYPLANNING COMMISSION
., RESOLUTION NO. 12267
The Fresno City Planning Commission at its regular meeting on August 17, 2005, adopted the following
resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the
Municipal Code of the City of Fresno.
WHEREAS,Vesting Tentative Tract Map No.5466/UGM was filed with the City of Fresno and proposes to "
_subdivide the subject property into a 41-lot single family residential subdivision development on
approximately 10.7 acres of land located on the both sides of East Church Avenue between South
Minnewawa and South Clovis Avenues; and,
.
WHEREAS, the Roosevelt Community Plan Advisory Committee reviewed the application on April 4,
- 2005, and recommended approval of the tentative tract map; and, -
WHEREAS, the Planning and Development Department staff recommended approval of the proposed
project subject to all conditions of approval contained in;the staff report dated August 17, 2005, and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on August 17, 2005, to
review the proposed subdivision and considered the staff report and invited testimony with respect to the
proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED, that the Fresno City Planning Commission hereby finds and
determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map
No.5466/UGM may have a significant effect on the environment as identified by the Finding of Conformity
to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)dated June 16,,
2005,prepared for Environmental Assessment No. R-05-11/T-5466.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the
tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with'the'
adopted 2025 Fresno General Plan. and the Roosevelt Community Plan and the findings required
pursuant to Section 66410 et.seq. of the Government Code.
BE IT FURTHER RESOLVED that the Fresno. City Planning Commission hereby approves Vesting
Tentative Tract Map No. 5466/UGM subject to the Planning and Development Department Conditions of
Approval dated August 17, 2005, as amended to include the following:
1. .That a six-foot wide planter strip be incorporate instead of a four-foot planter strip!'
2. That Condition Nos. 60 through 63 be eliminated since these conditions do not apply to this tract.
adopted ,y City Planning Commission upon a motion by
The foregoingResolution was b the Fresno
Commissioner Vasquez, seconded by Commissioner Vang.
Ayes Vasquez, Vang, Cherry, Dibuduo, Kisssler, Brand
Noes None
Not Voting - : None
- Absent ..None
DATED: August 17, 2005 P. OVINO, Secretary
Fr s o City Planning Commission
Resolution No. 12267
Vesting Tentative Tract Map No. 546',6/UGM
Filed by Dennis Bennett
Action: Approve with conditions
KAMaster Files-20051'REZONEIR-05-11-T-5466 PC Reso.doc
{
•City or
REPORT TO fHE CITY COUNCIL AGENDA ITEM'NO. l i
COUNCIL_MEETING
September 20, 2005 aPPRovEo By
FROM: NICK P.YOVINO, Director
DEPARTMENT DIRECTA91—
'Planning and Development Department
BY: DARRELL UNRUH, Planning Manager CITY MANAGER
Planning Division 1
SUBJECT: ,, CONSIDERATION OF REZONE APPLICATION NO. R-05-11, AND
ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT
NO. R-05-11IT-5466.
KEY RESULT AREA
Customer Satisfaction
RECOMMENDATION
Staff recommends the.City Council take the following action:
1. APPROVE the environmental finding for Environmental Assessment No. R-05-1 1/T-5466 dated
June 16, 2005, that the project proposal conforms to the provisions of the 2025 Fresno General
Plan Master Environmental Impact Report (MEIR No. 10130).
2. . APPROVE Rezone Application No. R-05-11 to rezone the subject property from]the AE-5/UGM
(Five Acre Agriculture Exclusive/Urban Growth Management) zone district to the R-1/UGM.
(Single Family Residential/Urban Growth Management) zone district.
EXECUTIVE SUMMARY
Rezone Application No. R-05-11 proposes to reclassify 10.7 acres from the from the AE-5/UGM (Five
Acre Agriculture Exclusive/Urban Growth Management) zone district to the R-1/UGM (Single Family
Residential/Urban Growth Management) zone district. The site is located on bot sides of East
Church .Avenue between South Minnewawa and South Clovis Avenues. 'The :application would
bring the subject property into conformance with the Roosevelt Community Plan and the 2025
Fresno General Plan, pursuant to Section 12-403-B-2 of the Fresno Municipal Code. On August
17, 2005, the Fresno City Planning Commission recommended approval of the rezone application to
the City. Council The Planning Commission also took action to approve related Vesting'Tentative
Tract Map No. 5466/UGM, which-proposes a 41=lot single-family,residential subdivision. It is noted
that the Planning Commission action on the tentative map is final and, therefore, no action is required
by the City Council on this application. This rezone application is supported by staff and the.Roosevelt
Community Plan Advisory Committee.
KEY OBJECTIVE BALANCE ,
Council action regarding this proposed land use application optimizes the three. Key Objectives of
Customer Satisfaction, Employee Satisfaction, and Financial Management. Affirmative action by the
Council will result in timely deliverance of the review and processing of the application as is
reasonably expected by the applicant/customer. Prudent financial management is demonstrated by
the expeditious completion of this land use application inasmuch as the applicant/customer has.paid to
the city a fee for the processing of this application and that fee is, in turn, funding the operations of the
Planning and Development Department. Employee satisfaction is derived from t i e fact that the
professional and technical staff, who have reviewed and made a recommendation on this land use
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REPORT TO THE CITY COUNCIL
f
Rezone Application No. R-05-11 . pp
September 20,2005 I
Page 2
application, have done so.in a thorough and professional manner, tliereby.enhancirig the sense of
accomplishment in the completion of the application process. .;
is
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PROJECT INFORMATION -
PROJECT Request to rezone the project site from the AE-5/UGM (Five Acre,
Agriculture Exclusive) zone district to the R-1/UGM (Single Family
Residential/Urban Growth Management),zone district! which would
facilitate a 41-lot single family residential subdivision to be developed at
an overall density of 3.8 units per acre
APPLICANT Dennis Bennett (Engineer: Thompson-Hysell)
LOCATION Both sides of East Church Avenue between South Minnewawa and
South Clovis Avenues (Council District 5, Councilmember Dages),
SITE SIZE 10.7. acres
LAND USE Existing - Vacant
Proposed - Single Family Residential
ZONING g ) ( g ve/Urban Growth
Existing - AE-5/UGM Five Acre Agriculture Exclus
Mana ement
Proposed - R-1/UGM (Single Family Residential/Urban Growth
Management)
PLAN DESIGNATION The proposed 41-lot single family residential subdivision is consistent
AND CONSISTENCY with the existing 2025 Fresno General Plan and the Roosevelt
Community.Plan designation of the site for medium low density
residential land use (2.19 to 4.98 units per acre) and the proposed R-
1/UGM zone district.
ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master
FINDING Environmental,Impact Report (MSIR No. 10103) dated June 16, 2005
PLAN COMMITTEE The Roosevelt Community Plan Advisory Committee, at its
RECOMMENDATION meeting on April 4, 2005, recommended approval of the rezone
and vesting tentative tract map
STAFF Approve Rezone Application-No R-05-11
RECOMMENDATION
PLANNING COMMISSION On August 17, 2005, the Planning Commission voted;to recommend
RECOMMENDATION approval of.the rezone application by a vote of 6 to 0.;
BORDERING PROPERTY INFORMATION
Planned Land.Use Existing Zoning Existing Land Use
North Low Density R-1-AH (County) 'Single Family
Residential Single Family Residential-Horses Residential
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REPORT TO THE CITY COUNCIL
Rezone Application No. R-05-11
September 20, 2005
Page 3
South Medium Low Density R-1/UGM Single Family
ResidentialRe"sidential
Single Family Residential/Urban Growth
Management l
East Medium Density AE-5/UGM Future McMillan Homes
ResidentialSubdivision
(R-1/UGM pending) -y
Five Acre Agriculture Exclusive/Urban f
Growth Management 1
-West Medium Density R-A/UGM Vacant
Residential Single Family Agricultural/Urban Growth (Futures Subdivision)
Management
ENVIRONMENTAL FINDING.
The initial study prepared..for Environmental Assessment No. R-05-11/T-5466 considered potential
environmental impacts associated with the subject rezone and conditional use permit ,applications
and vesting tentative tract map request.- The study -indicates that the project, if approved, would
conform to the medium low density residential planned land use designation and land ruse 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 (MSIR No. 10130) dated June 16, 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, Thompson-Hysell Engineers on behalf of Dennis Bennett, has filed Rezone Application
No. R-05-11 and Vesting Tentative Tract Map No. 5466/UGM for 10.7 acres of property located on
both sides of Easdt Chuch Avenue between South Minnewawa and South Peach -Avenues. . The
rezone application is proposing a change in zone district from the AE-5/UGM (Agriculture Exclusive-
Five Acre/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban
,Growth Management) zone district. Vesting Tentative Tract Map No. 5466/UGM proposes to
subdivide the subject property into a 41-lot single family residential subdivision with 4 outlots a a
density of 3.8 units per acre. According to the land use consistency table adopted with the 2025.`
Fresno General Plan (and applied within all community plans), the existing medium low density
residential designation allows for 2.19.to 4.98 dwelling units per acre. The proposed R-1/UGM zoning
Is consistent with this land use designation. The southern portion of the site is dual designated as a
neigh;borhood.�;park and medium lowdensity :residential .land use. The Parks and Recreation
Department is not interested in pursuing this site as a neighborhood park, opting for other sites in the
Roosevelt planning.area.
Surrounding land uses are characterized by single family residential uses to the north and south with
future subdivisions planned to the west and east.
r .
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'REPORT TO THE CITY COUNCIL
Rezone Application No. R-05-11 ..
'September 20,.2005
Page 4
Roosevelt Community Plan Citizens' Advisory Committee
The Roosevelt Community Plan Citizen's. Advisory Committee reviewed the proposed rezone. and
vesting tentative tract. map at .its meeting on April 11, 2005, and recommended approval.of the
proposed project:
Fresno City Planning Commission
On Auust 17, 2005, the Fresno City Planning Commission considered Rezone Application No. R-05-
9 , ?
11 in conjunction with Vesting Tentative Tract Map No. 5466." The Commission voted';to recommend
approval of the rezone application to the City Council by a vote of 6 to 0.
2025 Fresno General Plan and Roosevelt Community Plan Polices
The Planning and Development Department.staff has evaluated the requested rezone and vesting
tentative tract map applications in accordance with the 2025 Fresno General Plan and the Roosevelt
Community Plan. The following. policies which support the'2025 .Fresno General Plan and guide
residential development,which relate directly to the proposed project.
Objective C-9 of the 2025 Fresno General Plan .
Plan for the diversity and quality of residential housing, at locations necessary to provide for adequate
and affordable housing'opportunities. Housing patterns should support balanced urban growth and f
should,make efficient use of resources and public facilities.
,The proposed 41-unit single family residential subdivisionis located at the intersection of a local and
major street and is adjacent to other planned. `single family residential uses. The project, at 3.8
dwelling units per acre, provides a moderate' increase in densities from the low density residential .
uses located to the north ;along Minnewawa 'Avenue. All applicable interface standards of the
Roosevelt Community Plan have been. incorporated. into the conditions of approval for Vesting
Tentative.Tract map.No. T-5466.
Policy C-9-i of the 2025 Fresno General Plan and:Policy 9-6.2 of the Roosevelt Community Plan
The subject site is located at an intersection with a major street and local streets approximately one-
half mile from an expressway (Jensen Avenue). .Directly to ',the north .of the site is property that is
planned for low density residential land use (Sunnyside): The Sunnyside area is characterized by
older large estate lot custom homes at a density of less than two units per acre. .Moderate increases
in residential.densities can be accommodated with minimal .impact to surrounding properties due to
. the natural' barrier .of the •Fancher Creek and the Washington Colony Canals which, separates.the
subject site from the Sunnyside area. Also, South Minnewawa Avenue is not planned not cross the
-,Fancher Creek Canal thus, preventing intrusion of residential traffic to the north. Church Avenue is a
planned four=lane collector street at will :extend. eastao Clovis Avenue,as, a result ;of surrounding
development which will include abridge over theWashington Colony Canal. j
i
Surrounding land uses.are characterized by either vacant agricultural properties that have approved
single family subdivisions approved (east, west and south) or.vacant large estate size lots (north)..-
Circulation Element Plan Policies and Major Street System Traffic Capacity
According to the 2025 Fresno General Plan Transportation Element (Exhibit 7), East Church Avenue
is classified as an collector street. Collector streets are typically developed with a total of two to four
i
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REPORT TO THE CITY COUNCIL,
Rezone Application No. R-05=11 .
September 20, 2005
I .
Page 5
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 waslcertified 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. The proposed project is.projected to generate 41 peak hour vehicle trips .and therefore the
preparation of a traffc.study is not required. Primary vehicular access the property will be.from East
Church Avenue which will feed directly into the local residential streets planned for the subdivision.
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 required to participate in the installation of traffic control measures (e.' signals, stop,
lights, etc.) installed per UGM policies and ongoing traffic studies.
r
Public Facilities
The Public Utilities Department has determined that there is an adequate source of water available to
serve the project with the implementation of UGM service delivery requirements and environmental
impact mitigation measures. Implementation.of the 2025 Fresno General' Plan policies, mitigation
measures of Master Environmental Impact Report No. 10130, the Water Resources Management
Plan, and the mitigation measures identified by the project environmental assessment/initial study will
provide an adequate,reliable and sustainable water supply for the project's urban domestic and public
safety consumptive.purposes.
The Public Utilities Department has also determined that adequate sanitary sewer service is•available
to serve the project,. subject to the mitigation.measures imposed with the environmental assessment.
Several major facility improvement projects have been implemented at the City of .Fresno's Regional
Wastewater Treatment and Reclamation Facility in order-to accommodate the projected rates of
population and employment growth up to a projected population holding capacity of 590,000 people.
These- improvements have,been completed to provide an expanded wastewater treatment and
reclamation capacity of 80 million gallons per day (MGD). which is sufficient to accommodate
". continued planned urban development including the proposed project.
.I
Landscaping/Walls
Given that the proposed subdivision is adjacent to an collector street, Church Avenue., the applicant
will be required to construct a solid wall at the rear of the required 15-foot landscape. setback along the
north and south'sides of Church Avenue. Outlot A will serve as a common open space area that is
located on the southern portion of the site. There will also be an open space area ate the intersection
of East Church Avenue and Street B of Vesting Tentative.Tract No.5466. This particular open space
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REPORT TO THE CITY COUNCIL
Rezone Application No: R-05-11
September 20, 2005
.,Page 6;
area is expected to act as a rest stop for those pedestrians and bicyclists using the trail along the
Fancher Creek and.Washington Colony canals. The Roosevelt Community Plan policy of five percent
:
open space is accommodated through the development of the multi purpose trail and open space park
areas:.
Subdivision Design
The proposed lots do meet'the minimum R-1 zone district standards of 6000 square feet. Lots will
range from 6000 to 10,000 square feet in size. All proposes local streets meet public works
specifications and are acceptable to accommodate emergency and heavy-duty municipal vehicles: It
is noted that Lot No. 20 is a double key-lot (lot that. has a side lot line that abuts(more than one
adjoining lot) which are prohibited. However, under special circumstances, a key lot can be approved
by the Planning Commission. The subject property is a triangular shaped parcel that has limited
design flexibility due to the Fancher Creek and Washington Colony canals serving as!two of the sites
.,boundaries.
Multi-Purpose Trail
The 2025 Fresno General Plan and Roosevelt Community Plan designate a multi purpose trail along
the .Fancher Creek canal: This trail is to include a pedestrian, bike and equestrian components.
- However, the equestrian portions of the multi purpose trail is being re-evaluated on all trails throughout
he city. Vesting Tentative Tract Map No. T-5466 is' depicting a 25-foot wide trail.alignment on the
south side.of the Fancher Creek canal. This alignment matches the trail approved for Tract No. 5235
which is being built by the, same developer for Vesting Tentative Tract Map No. 5466. The trail will
:.veer in a southerly direction-between,Lot Nos. 10 and .11 with the bicycle traffic feeding onto Street B
and the pedestrian traffic using a six=foot wide sidewalk between Lots Nos. 11-15. Staff is requiring
that the 2.5 foot wide trail continue to4he,east behind Lot Nos. 11 and 12. The reservation of this
corridor will allow the City to pursue other funding mechanisms to construct a bridge over the Fancher
Creek and Washington Colony canals in the future. . This trail..extension will be !required to be
landscaped-and maintained. The cross-section for the trail, including the extension, -is still being
developed by staff and the applicant's engineer. An approved cross-section is expected to be
available prior to the submittal of a final map for Vesting Tentative Tract.Map No. T-5466.
State Department of Transportation (Caltrans)
The Caltrans .staff has submitted the, attached comments` dated April 5, 2005, indicating that the
development of the proposed project will result in the generation of vehicle traffic, which will result in
cumulative impacts to 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, in addition to those 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.-
1,01X.
o.10130:
Although the City has met its legal obligations for addressing impacts to the state highway system for
purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state
highway system for projects such ;as this one:. At this time, the City does not ihave 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 i those capital
improvements,- and an accounting system for using funds collected. As noted above, the MEIR
REPORT TO THE CITY COUNCIL
Rezone Application No. R-05-11 1
September 20, 2005
Page 7
i
mitigation measures do not require preparation of a project specific traffic study for this proposal.
Therefore, the project is not subject to the establishment of an incremental project specific nexus
(relationship between the .project's development and a subsequent specific facility deficiency) nor a
proportionate share of the cost of future state facility improvements without establishing an equitable
regional or metropolitan area impact fee. I
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:. Caltrans staff ha's also provided
information regarding the department's practices and procedures to account for project specific
collection of state highway facility impact fees and expenditures. 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.
CONCLUSION :
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 Roosevelt 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 the proposed Rezone Application No. R-05-11 is appropriate for the project site.
K:\Master Files-2005VREzoNE\R-05-21\Rpt to Council
Attachments: . Vicinity Map
Aerial Photograph of Site
Vesting Tentative Tract Map No. T-5466
Conditions of Approval for T-5466/UGM dated August 17, 2005, including letters from
Fresno Metropolitan.Flood.Control..District (7/25/05) and San Joaquin Valley Air.
Pollution Control District (5/16/05)
Public Works Engineering Division (5/6/05)
Letter from the California Department of Transportation (Caltrans)dated April 5, 2005
Environmental Assessment No. R-05-11/T-5466, Finding of Conformity,to the 2025
Fresno General Plan Master Environmental Impact Report (MEIR No.'10130), dated
June 16, 2005
Planning Commission Resolution Nos. 12666 and 12667
Ordinance Bill
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DEPAARTMENT
VESTING TENTATIVE TRACT MAP NO, 5466/UGM N
REZONE APPLICATION NO. R-05-011 w _ A.P.N.:481-040-12S.14S_'
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
AUGUST 17,2005
VESTING TENTATIVE TRACT MAP N0. 5466/UGM
BOTH SIDES OF EAST CHURCH AVENUE BETWEEN SOUTH MINNEWAWA AND SOUTH PEACH AVENUES
All tentative maps are subject. t0 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 byvthe 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..5466/UGM entitled Exhibit
A, dated May 26, 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 securityin an amount established by the City to
guarantee the completion of plans.
Conditions of Approval
:Vesting-Tentative Tract Map No. 5466/UGM
August 17, 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 guaranteelisting all parties having any right, title or interest and the nature of
their interest per State law.
Landscaping and Walls
10. .Pursuant to Fresno Municipal Code Section 12-1011-f--3,. the developer/owner shall
provide a 15-foot landscape easement (and irrigation system) along the property lines of
lots which back-onto or side-onto East Church Avenue.
11. 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.
.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.
Conditions of Approval.'
Vesting Tentative.Tract Map No. 5466/UGM
August 17, 2005
Page 3
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 E. Church'Avenue
bordering the tentative map
Maintenance of all Landscaping and Irrigation systems as approved by the Public Works
Department within the Bike/Pedestrian Trail bordering the tentative map.
Maintenance of all Sidewalks and Street Furniture within E. Church Avenue and bordering
the tentative map.
• Maintenance of all Street Lights as approved by the Public Works Department within E.
Church Avenue and bordering the tentative map._
• Maintenance of all Street Trees as approved by the Public Works Department'within E.
Church 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
associafon shall be submitted to the Planning and Development :Department:for;review
tVAio weeks prior to final map approval.' Said documents shall be recorded with the final
map or alternatively submit recorded documents or documents for recording prior to final
acceptance of subdivision improvements. Said documents shall include assignment of
responsibility to .the homeowners association for landscaping and other provisions as
stated in the Planning and Development. Department Guidelines for preparation of
CC&Rs dated.January 11, 1985.
Y;F .
Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM
August 17,2005
Page 4
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 May 26, 2005;Outlots A-D shall be used for the following purposes:
Outlot A.and the area titled "Open Space"°shall be used for landscaping and
open space purposes
• Outlot B shall be used for pedestrian and bike path purposes
Outlot C and D shall be'used for the use by FID for the conveyance of water:.
thought the Fancher Creek Canal and Washington Colony Canal.
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 Fancher Creek Canal. The developer/owner
shall construct the pedestrian/bike portion of the trail within a 25-foot easement that runs
along the northern boundary (Outlot B) of the project site, parallel with the Fancher
Creek Canal and extends south to East Tower Avenue. The trail shall also extend to the
east behind Lots 11 ,and 12 of Tract No. 5466 to the intersection of the Fancher Creek `
and Washington Colony canals. '.This extended portion of the trail shall be landscaped
and maintained.
f�
The trail design and cross section, including the trail extension, shall be approved by the
Planning and Development Department and the Public Works Department prior to.the
submittal of a Final Map. The street pavement shall be striped for bike lanes in the area
as required by the Public Works Department..The proposed design may require fencing
along the canal. The equestrian portion of the trail is anticipated to be removed at a
future time through theentitlement process:
Building Setbacks
21. Building setbacks shall be in accordance with the R-1 zone district and the provisions of
Section 12-211.5=E of Ahe Fresno Municipal Code, .unless otherwise noted in these
conditions.. Lots-11 through 15 shallwill have
Information
.22. Vesting Tentative,,Tract Map No. 5466/UGM is subject to Planning Commission and City
Council approval of related Rezone Application No: R-05-11
23 Prior-'to--theissuance 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
adoptedschedule of.fees.
24. Contact the United, States Postal Service for the location and type of mailboxes.to be
installed in tthis subdivision.
Conditions'of Approval :
Vesting Tentative Tract Map No. 5466/UGM
August 17, 2005 :
Page'5.
25. Pursuant to Section 66456.1of the Subdivision Map Act; which states,"The right of the
subdivider to file multiple Final Maps shall not limit the authority of the .local`agency to
impose reasonable conditions.relating.to the filing,of multiple Final Maps," any multiple
final maps filed by the subdivider on this tract shall fully and independently.conform to all
provisions' of Fresno. Municipal .Code Chapter 12, Article 10, -Subdivision of Real
: Property.
26. The developer/owner shall obtain any and all permits required for the removal or
demolition of any existing building or structure located,within the subdivision boundaries. :
The developer/owner shall also obtain any and all permits required for the proper
abandonment/closure of any existing water well, septic tank/leach field or cesspool, and
irrigation pipeline on- the subject property. All such permits shall be obtained prior to
commencement of.tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
27: Jf archaeological and/or animal fossil material is encountered during project surveying,
radio excavating, or-construction, work shall stop immediate)
grading, g p'. Y.
28. If there are suspected human remains, the Fresno County.Coroner shall be immediately
contacted (business hours: :(559) 268-0109; after hours the contact phone number is ,
(559) 488-3111. for the Fresno County Sheriffs Department). If remains or other
archaeological material -its 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. r
29. An archaeological assessment shall be Yconducted 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.
30. 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 beconducted 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
31. Apportionment of'Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land ,upon which there is an unpaid special assessment.
-levied under any State or local law, including--a division.into condominium interest as
defined -in.,Section 783 of the ,Civil Code, the developer/owner. shall file a..written,_,.
application with the,City of Fresno Director,of Public Works, requesting apportionment of .
the unpaid portion of.the assessment or pay off.such assessment in full.
If the subdivider elects to apportion'the assessment, the application shall contain the
following information:
"Conditions of Approval
Vesting Tentative Tract.Map No. 5466/UGM
August 17, 2005.
Page 6
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.
32. ,The subdivider shall comply.with Regulation Vill of the San Joaquin Valley Air Quality
Pollution ControlDistrict for the control of;particulate matter and fugitive dust during
"construction of his project.
33. Solid waste disposal for the subdivisionshallbe provided by the City of Fresno. The,: f .
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
34. Comply with,the attached memo from the Public Works Department dated May 11,`2005
for street tree requirements.
"Urban Growth Management Requirements
35. The subdivider.shall be;required to pay the appropriate UGM Park Capital Fee at the
time of Final Map.approval,.'Fee payment may be deferred until time of building permit..
issuance-in accordance with the requirements of Section 12-4.509-C-3 of the FMC.
FIRE SE
RVECE ,
36. This.project.is within two and one-half miles from Fresno County Fire Station No. 87.
Fresno Fire Station No.
.15 near Clovis and Kings canyon is under construction and will
.serve the site in the future.
37 Provide resitlentia1 hydrants on site and fire flows per Public Works Standards with two
sources of water.
:38. 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 '/2 inch outlet shall
face the access lane.
Conditions of Approval
Vesting.Tentative Tract Map No.'5466/UGM
August 17, 2005
ti Page 7 '
.39. Two means of ingress/egress.must be provided. This access must be maintained during
all phases of development. The bridge across Church Avenue is a condition of approval
to provide the second' access point. Therefore, Church Avenue bridge must be
completed prior to construction on the site.
40. 'All. construction work on this project is subject to interruption if the road system becomes
ipassable for fire apparatus due to rain or other obstacles.
Urban Growth Management Requirements
41. . 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. .This
project is also subject to UGM fire station fees for undesignated service areas. x
SOLID WASTE SERVICE
42. The owners, lessees or other tenants-of the residentialdwellings 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:
43. 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 Ithe collection day.
44. 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.
45. All streets shall connect to one another or a temporary turnaround shall be provided.
Turnaround shall be large enough to accommodate a solid waste truck with a 44' turning
radius.
46. Covenant required for cul-de-sacs. There shall be no parking allowed in any cul-de-sac
on the solid wasteservice 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 23, 24, 25, and 26. Developer subdivider
shall execute a covenant that notifies future buyers of the Solid Waste Conditions of
Approval.allos. 42.through 46 as noted in this document.
STREETS AND RIGHTS-OF-WAY'
.47. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
FMC and the State'Subdivision Map Act
'.Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM
August 17, 2005
Page 8
48.11The 'subdivider shall make provisions for disabled persons in accordance with the
Department of Public Worksstandards 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.
49. All of the required street improvements shall, be constructed and/or 'installed in
accordance with the City of Fresno Standard Specifications (2002 Edition). The
•followin`g 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):
50. The subdivider shall underground all existing .off-site overhead utilities and proposed
utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78-
522, 88-229.
51. The subdivider shall construct an underground street lighting system per Public Works
Standards within the limits of the tract. Spacing and design shall conform to Public
Works Standards for collector (North Maple Avenue) and local streets. Height,.type r
spacing, etc., of standards and luminaries shall be in accordance with Resolution No.
68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City
Traffic Engineer prior to Final Map'approval. Upon completion of the work by the
subdivider and acceptance of the work by'the City, the street lighting system shall be
dedicated to' the. City. Submit engineered construction plans to the Public Works
Department for approval.
52. All dead-end streets created by this subdivision shall be properly barricaded in
accordance.with City standards within seven days from.the time the streets are surfaced
or as directed"by the"Engineer.
53... The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution .
Control .District for;the control of fugitive dust requirements from. -,and; paved unpaved
roads.
Frontage Improvement'Requirements:
Exterior Streets:
Church Avenue: Collector 9both sides)
'Conditions of Approval
Vesting.Tentative Tract Map No.5466/UGM
August 17, 2005'
Page 9
54. Dedicate 47'.of property (both sides), from section line, for the public street purposes
within the limits of this subdivision to met the current City of Fresno Collector standards.
55. Construct concrete curb,. gutter and sidewalk to Public Works Standard P-5. ' The
sidewalk pattern shall be constructed to a 10' residential pattern.
56. Construct 20' of permanent paving (measured from face of curb) withimthe limits of this
sub-division.
57. 'Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this subdivision. Spacing and design shall conform to Public Works Standard E-
8 for Local Streets.
58.. Relinquish direct vehicular. access rights to Church Avenue from all. lots within this -
subdivision.
59: Eliminate the one-foot pedestrian easement from Church Avenue.
Interior Streets.
Design.and construct all curb, gutter and sidewalk; (both sides), permanent paving, cul-de-
sacs, and underground street_lighting systems onallinterior local streets to Public works
Standards. `Sidewalk patterns shall comply with.Public Works Standards for 50', 54' and 56'
streets.
Any temporary dead-end streets created by this subdivision shall be properly barricaded in
accordance with the Public Works Standard P-44. Lots 11-15, including the lot designated
for open space shall be developed with a four-foot planter strip adjacent to the curb
with a sidewalk width of six-feet.
Marty Avenue: Local
60. Relocate proposed entry out of the Marty Avenue right of way and construct.a Cul-de-
sac per Public Works Standard.P-19.
, 61. Construct concrete curb, gutter and, sidewalk to Public Works Standard P-5. The
sidewalk pattern shall be.constructed to a 10' residential.pattern.
62 Construct permanent paving, as needed, within. the limits,of this subdivision, to Public ,
Works:Standards.
63. 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. ,
Conditions of Approval
Vesting Tentative.Tract Map No. 5466/UGM
August 17, 2005
Page 10
Specific Mitigation Requirements:
64. The firstorder of work shall include a minimum of two points of vehicular access to the
major streets for any phase of this development.
65. Design and construct a Major Street Bridge at the intersection of Church Avenue and the
Washington Colony Canal No: 15. Public Works will apply this requirement to a_
minimum of four other subdivisions with each subdivision being responsible for a fee no
greater than 1/5 of the cost of said bridge. The timing of the bridge construction shall
occur prior to closeout of this subdivision or at such time that the City Engineer deems
necessary.
66. Multi-purpose trail: Southside of Fancher Creek Canal) Construct a pedestrian, bike and
equestrian trail per the 2025 Fresno.General Plan, Multi-purpose.Trails Plan, Map and
Public Works, Standards. Verify details with Planning, and Development and traffic
Engineering: Identify route on map and provide a,cross section prior to the Planning
Commission hearing. Dedicate a multi purpose Trail Easement of sufficient width to
accommodate the approved cross section. Submit Lighting, Signing and Striping Plans
to development for traffic's approval. Relinquish direct access rights to the trail from al ;.
lots within this subdivision. .
67... Lind Avenue:-Re-design using a 250' radius. Radius shall be perpendicular to the
Church avenue center line.
68. Bette Avenue: To avoid creating a four-way intersection, provide a Cul-de-sac .at the
south end of Bette Avenue:
69. .,.Tower Avenue Continue Tower Avenue to the west, providing access to Minnewawa
Avenue.,
UGM Requirements:
70. This Map is in UGM.major street zone D-11/E-2; therefore pay all applicable UGM fees.
Church Avenue: Collector
Dedicate and construct (2) 17'.center section'travel lanes within.the limits of this subdivision
.and,:continue west:.-to -Applewood Lane. Dedication shall be..sufficient to ,accommodate..
additional paving and=any other grading oftransitions as necessary based on a '45 MPH
design speed.
STREET NAMES
Change the following street name.to-reflect its proper spelling, direction or name:
Conditions of Approval
Vesting Tentative Tract.Map.No..5466/UGM
August 17, 2005
Page 11
71 Make the following changes to the street names:
a." Tower Street to Tower Avenue :
b South Bette Avenue (south of Church) to South Lind Avenue
c Street B needs a new name. 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
72. The nearest sanitary sewer mains capable of serving the project are a 54-inch sanitary
main located in East Church Avenue. Sanitary sewer service through the city's sewer
system would require the following prior to connection.
73. Construct an .10-inch sanitary sewer main. in South Minnewawa Avenue from East
Church Avenue north across Fancher Creek.Canal.
74. Sanitary sewer mains shall be extended within the proposed tract to provide sewer ,
service to each lot:
75. Separate sewer house branches shall.be provided for each lot created.
76. -Public sewer facilities shall be constructed in accordance with the Department of Public
Works standards, specifications, and policies.
77 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:
78. . A preliminary sewer-design layout shall be prepared by the.developers :Engineer and
submitted to the Department of Public.Utilities for review and conceptual approvals prior
to submittal or acceptance of the developer's final map and engineered plan and profile
improvement drawing for City review.
Urban Growth Management Requirements `
79. 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 (Fowler); and, Wastewater
Facilities Charge. (residential only). The project is located in Sewer Oversize
Reimbursement S.A. #35.
WATER'S
ERVICE
80. "The nearest City of Fresno water mains capable of serving the project are 16-inch water
mains located in East Church Avenue: The following conditions are required to provide
water service to the tract. P
Conditions of Approval :
Vesting Tentative Tract Map No. 5466/UGM
August 17, 2005
Page 12
84: Construct a 14-inch water main in South Minnewawa Avenue from East Church Avenue
north across Fancher Creek Canal.
.82. Separate water services with meter boxes shall be provided to each lot created.
83. 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.
84. All public water facilities shall be constructed in accordance with the Department of
Public Works standards,specifications, and policies.
. ". 85. Engineered improvement plans prepared by,a Registered Civil Engineer are required for,`
proposed additions Jo.the city water system.
86.. Payment for installation of water service(s) and/or meter(s) and wet-tie(s) is required.
87.....Payment appropriate y pp p -connection charges;at the time of final map approva
merit of nate water
subject to.deferral to building permit issuance as appropriate.
88. The proposed project site is located within the UGM Water Service Area 501 s.
89. The following Water Connection Charges and fees shall be paid for the project: Wet
tie(s), water service(s), and meter(s) installation(s).
FRESNO IRRIGATION DISTRICT (FID)
90. FID's "Washinton Colony No. 15 and Central No., 23" canals traverses the subject
property as an,open canals.
91. FID requires the applicant grant an exclusive easement to FID and concrete line, encase
in box.culvert or other approved means to protect canal integrity, the Washington Colony
and Central Canals`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 canals alignment and required canal
dimensions.
_92. F .
ID requires all trail improvements and easements for trail purposes be outside FID's -
easement and that no portion of said easements be in common use.
93. 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.
Conditions of Approval
Vesting.Tentative Tract Map No. 5466/UGM
August 17, 2005
Page 13
94.. 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.
95. FID requests that the applicant be exempted from any condition that would require the
construction of public facilities or conveyance of deeds or easements within FID's canal
easement to any other party without FID's written consent.
96. The proposed development is adjacent to .FID's Central Washington control facility.
This is a crucial FID operations site for its irrigation, recharge and stor water routings.
The existing site meets today'sneeds for FID's Operational and Maintenance practices
in its current rural and remote location; However, FID is concerned with the increase in
pedestrians and possible vandalism to its facilities as a result of the proposed
"development and pedestrian.trail. FID will require the developer, at a minimum; provide
security fencing . and gates to 'limit public access to the site and may. require
automation/telemetry upgrades and redesign/replacement of, the facilities. fib's
commentsand requirements are subject to change as the project review and `design
progresses and suggests the applicant and or the applicants engineer contact FID at
their earliest convenience.
FLOOD CONTROL AND DRAINAGE
97. : 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 July 25, 2005: -
98. Any temporary ponding basins constructed or enlarged to provide service` to the
subdivision shall be fenced in accordance with City standards within seven days from
the'time the basin becomes operational or as directed by the City Engineer. 'Temporary
ponding basins will be created through.a covenant between the City and the Developer .
prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the
Developer until permanent service for the entire subdivision is provided.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
99 The developer/owner shall. ,comply with .the :requirements in: the letter. from .the San,
.Joaquin`Valle y'Air-Pollution Control District:dated'May '16, 2005, #or Vesting.Tentative
Tract Map`No. 5466/UGM. The subdivider shall comply with San Joaquin Valley Air
Quality Pollution Control, District. Rules, including Regulation VIII for the control of
particulate matter and fugitive dust during construction of this project and the subdivider
and successors in interest shall conform to the Indirect Source Review Rule as may be
adopted.
Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM
August 17, 2005.
Page 14, ,
FRESNO UNIFIED SCHOOL DISTRICT
100. Contact the Fresno Unified School District for their requirements and/or fees.
RIGHT-OF-WAY ACQUISITION
.101. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
102. 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.
o
103. 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:
104. 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.
105. 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)
106. 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.
107.;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..,
Conditions of Approval
Vesting Tentative Tract Map No.5466/UGM
August 17, 2005
Page .15
DEVELOPMENT FEES AND CHARGES
.108. This project is subject to the following fees and charges:
PARKS DEPARTMENT . FEE/ RATE
p
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..
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 Charge4 $0.10/sq.ft. (to 100' depth)
i. Oversize Chargee $0.05/sq. ft. (to 100' depth)
j. Trunk Sewer Charger $344/living unit
Service Area: Fowler
k. Wastewater Facilities Charge-T. $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 Sewers N/A
WATER CONNECTION CHARGES FEE RATE
'Conditions of Approval
Vesting Tentative Tract Map No..5466/UGM
August 17; 2005:
:. Page 16
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 $243/gross acre (parcels 5 gross
acres or more)
t. UGM Water Supply Feet
Service Area: 201s $N%A
u. Well:Head Treatment Feet $0/living unit
Service Area: 201
v., Recharge Feet $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
;y. Traffic Signal Charge* $414.69/living unit
URBAN GROWTH.MANAGEMENT FEE RATE`
z. UGM Fire Station Capital Fee*. N/A'
Service Area:
aa. UGM Park Fees N/A
Service Area
bb. Major Street Charge* N/A
Service Area: . .
cc. Major Street Bridge Charge►, N/A
Service Area:.
Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM.
August 17,':2005...
Page 17
Ad. UGM Grade`Separation Fees N/A
Service Area:
ee.:UGM Trunk Sewer Charges N/A �.
Service Area:
ff. Street Acquisition/Construction Charges N/A
Notes
4 Due at time of development
Deferrable through Fee Deferral Covenant
IV Due at time of subdivision:
TRAFFIC SIGNAL FEE
109. This project shall pay its.Traffic Signal: Mitigation ,Impact Fee at the time of building
`permit. based on the trip generation,rate(s) as set forth in the latest edition of the ITE
Generation Manual. Refer to the adopted Master Fee`Schedule for fee rate. This fee
shall fje paid at time of building permit.
K Nlaster Files Tract Map \Tract 5455 Shelby Chamberlain(C-04-330)1T-5455-COA.doc
File No.210,45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro;Planning.Manager KB HOME-SOUTH BAY, INC
Planning & Development Department 1725 FREMONT BLVD.
City of Fresno SEASIDE, CA 93955
2600 Fresno Street
Fresno, CA 93721
MAP NO. 5466 PRELIMINARY FEES See below`
DRAINAG A A(S) BG " DRAINAGE AREA " BG $52,570.00
DATE :? ? �'� DRAINAGE AREA
TOTAL FEE $52,570.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The
District in cooperation with the.City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
MasterPlan by this.development project will satisfy the drainage related CEQA/NEPA.impact
of the project mitigation requirements.' -
The proposed development shall pay,drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final.map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD,project engineer prior to-
approval of the final map for the fee.
..Considerations which may affect the fee obligations) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of-the project may be deferrable;
b). Fees maybe calculated based.on the actual percentage of runoff.if different than that
typical for the zone district under which the development is being undertaken anddif
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
constructe
d irl heu of paying fees
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
5466. 5469 E.OLIVE. - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document.
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation', reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1 a: Drainage from the site shall be directed to
X b. Grading and drainage patterns shall be as identified on Exhibit No: 1
c. The grading and drainage patterns shown on the site plan conform to the
adopted Storni Drainage and Flood Control.Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
X Developer shall construct facilities as shown on Exhibit No. l as "Master Plan
Facilities to be,constructed by Developer".
None required.
3. . The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan X Storm Drain Plan X Final Map
X Street Plan , X Water& Sewer Plan Other
4. Availability of drainagefacilhies:
a. Permanent drainage service is available provided.the developer can verify
to the-satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s)';
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
X c. Permanent drainage service will not.be available. The District recommends..
temporary facilities until permanent service is available.
Temporary service.is available.through
d. See Exhibit No. 2.
5. The proposed development.
Appears to be located within a " SOO 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:
5466 5469 E.OLIVE FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194` Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DIsmiCT
NOTICE OF REQUIREMENTS
Page 3 'of 4
b. . The Federal Clean Water Act and the State General Permits for Storm Water Discharges
Associated with Construction and Industrial Activities (State General Permits)require developers
of construction projects disturbing one or more acres, and discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES),
permitting; to implement controls to reduce pollutants,prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. ,These
requirements apply both to pollutants generated during construction, and to those which may be
generatedby operations at the development after construction.
a.
State General Permit for Storm Water Discharges Associated with Construction
'Activities,approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading; and disturbances to the ground
that result in soil disturbance of at least one acre (or less than one acre if part of a larger
common plan of development or sale). 'Permittees are required to: submit a Notice of
Intent to be covered and must pay apermit 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.
in permit compliance, and complete an annual certification of compliance.
Ph
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.
5466 5469 E.OLIVE - FRESNO,CA 93727 (559)456-3292 FAX(559)456-3194 Two sided document
r
•
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 thepotential for non
storm water to enter the municipal storm drain system,and where possible minimize
-contact with materials which may contaminate storm water runoff,
7. A requirement-of the District may be appealed by filing a.written notice of appeal with the
Secretary:of:the District within.ten days of the date of this Notice of Requirements.
g. The District reserves the right to modify,reduce or add to these requirements,or,revise fees,as
necessary to accommodate`changes made in the proposed development by the developer or
requirements made by other,agencies:
. 9. See Exhibit No.2 for additional comments, recommendations and requirements
erald.E. L an, Project En-ineer Ric y ns
District Engineer'
C: THOMPSON-HYSELL ENG.
1016 12TH ST
-MODESTO, CA 95354
r
5466 _ 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
i
\ N -
TRACT
FAN
5235 M. CREEK
CE TRAL N0.23
I �
Fo
'BG' "'
'BD'
TRACT
CHURCH AVE. 5258:.
————_ 36" .«......... .
,f
.0
/ /ry SCALE 1"=3001..
LLl
'BD' Q
5'BG'
/Go�o�y�0 ¢ I
Z
LEGEND
0---= Master Plan Facilities To Be Constructed By Developer• Direction Of Drainage
Pipeline.(Size Shown).&Inlet. Inlet Boundary .
W , _ Master PI
PiPelineSize Shown)Facilities To Be Constructed By TRACT 5235
:&Inlet
Drainage Area Boundary
Master Plan Facilities To Be Constricted By TRACT 5258
Pipeline(Size Shown)&Inlet.
Future Master Plan Facilities
TRACT 5466
DRAINAGE AREA:"BG"
EXHIBIT N0. 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
. - DPAYM BY: MM DATE: 1/l7A5 -
-
KkW"oDWGSF6119ITiAACTStifiAp - REVISED BY, — OATS —
,
OTHER REQUIREMENTS
EXHIBIT NO. 2
The cost of construction of MasterPlan 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.
Development No, Trach 5466.;
engr\permits\exh ib it2\tract\5466(rl)
Ity of
ATE: May 6, 2005
D: Mike Sanchez, Planner Ill
Development Department, Planning Division
-TROUGH: ' Jose Luis tBenavides,..P.E Traffic Engineering Manager
Public Works Department, Engineering Division
Louise Monroe,'Traffic Planning Supervisor
Public Works Department;Engineering Division
;1BJECT: TT 5466,.Public Works Conditions of Approval
Church: between Minnewawa and Clovis
a Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map
36, which was submitted by KB Home.The following requirements are to be placed on this tentative
..t map as a condition of approval by the Public Works Department.
neral Conditions:
vide curb rampsat all corners within the limits of this subdivision.
4;.
ler6 .:end all existing offsite overhead utilities with the limits of this map in accordance with Fresno
iicipal Code Section 12-1011 and Resolution No. 78-522/88-229. 1
mit the following plans, as applicable, in a single..package, to the Planning andbevelopment
artment for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight
Trail Lighting,-Signing.and Striping.
itage Improvement Requirements: f
>r Streets:. y
,hurch Avenue: Collector(both sides):
Dedicate 47',of property (both sides), from section line,`for public street purposes within the limits
of this subdivision to meet the current City of Fresno Collector Standards.'
Construct concrete.'curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern
shall be constructed to a 10' residential pattern. -
Construct 20'of permanent paving (measured from face of curb) within the limits of this sub ...
division. -
Construct an underground street fighting system to Pubi'ic Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform�to Public Works Standard E-8 for Collector
Streets.
Relinquish direct vehicular access rights to Church Avenue from all lots within this subdivision.
E gate the 1pedestrian easement from Church Avenue:
Page 1 of 2
ATRACT MAPSIT-5466 CHURCH BTWN MINNEWAWA&CLOVIS.doc
Interior Streets:
Design and construct all.curb, gutter,'sidewalk, (both sides), permanent paving; cul-de-sacs, and
underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk
patterns shall comply with Public Works Standards for 50', 54' and 56' streets.
Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance
with the Pubic Works Standard P-44.
Specific Mitigation Requirements:
1. This.tract will generate 31 a.m./41 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is
not`required.
2. -The first order of work shall include a minimum of two points of vehicular access to the major
streets for any phase of this development:
3. Design and construct a Major Street Bridge at the intersection of Church Avenue and the
Washington Colony Canal_No. 15. Public Works will apply this requirement to a minimum of 4
other subdivisions with each subdivision being responsible for a fee no greater than 1/5 of the
cost of said bridge. The timing of the bridge construction's hall occur prior to close out of this
subdivision or at,such time that the City Engineer deems necessary, whichever is earlier:
4., Multi-Purpose Trail: (south side of Fancher Creek) Construct a pedestrian, bike and equestrian
trail per the 2025 Fresno Gene'ral.Plan, Multi-Purpose Trails Plan Map and Public-Works
Standards. Verify details with Planning and Development and Traffic Engineering. Identify route
on the map and provide a cross sectionrp for to the planning commission hearing. Dedicate a
Multi-Purpose Trail Easement of sufficient width to accommodate the approved cross section.
Submit Lighting, Signing and Striping plans to Development for Traffic's approval. Relinquish ,
direct access rights to the trail from all lots within this subdivision.
5. Lind Avenue: Re-design using a 250' radius. Radius shall be,perpendicular to the Church
Avenue centerline.
6. Bette Avenue: To avoid creating a 4-way intersection, provide a Cul-de-sac at the south end of
Bette Avenue.
.7. Tower Avenue: Continue Tower.Avenue to the west, providing access to Minnewawa Avenue.
UGM Requirements:
This Map is in UGM major street zone D-1/E-2;.therefore pay all applicable UGM fees.
Church Avenue: Collector,
1. Dedicate and construct (2) 17' center section travel lanes within the limits of this subdivision and
continue west to Applewood Lane. Dedication shall be sufficient to accommodate additional
paving and any other grading or transitions as.necessary based on a 45 MPH design speed.
Page 2 of 2
4
CALouise\TRACT MAPSIT-5466 CHURCH BTWN MINNEWAWA&CLOVIS.doc
San Joaquin. Valley
Air Pollution Control District
May 16,.2005: Reference No.: S2005000270
�
r
Mike Sanchez Cc.�
Planning and Development Department
2600 Fresno Street, Third Floor MAY. 7 �Q�
Fresno,CA 93721-3604
,L'rr3 Division
i�-w� o m « ,,oartrr�eni
Subject: T-5466, R-05-11 i OF F:.,ES)N0
Dear Mr. Sanchez,
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced
above and offers the following comments:
The entire San Joaquin Valley Air Basin is designated non attainment for ozone and particulate matter
(PM10 and PM2.5).. This project.would contribute to the overall decline in air quality due to increased
traffic and ongoing operational emissions. Preliminary analysis indicates that this project'alone would not
generate significant:air emissions: However, the increase in emissions from this project, and others like
it, cumulatively,reduce the air quality.in the San Joaquin.Valley. A concerted effort should be made to
reduce project-related emissions as outlined below:
Based on the information'providedi the proposed project will be subject to the following District rules. The
following items are rules that have been adopted by the District to reduce emissions'throughout the San
Joaquin Valley, and are required. Current District rules can,be found at—
http://www.valleyair.org/rules/l ruleslist.htm.
Regulation VIII-(Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a seriesofrules
designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including
construction, road construction, bulk materials storage, landfill operations, etc. If a residential project
is 10.0 or more acres.in`area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of
Rule 8021. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written
notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities
(see section. 6.4.1). A compliance assistance bulletin has been enclosed for the applicant. A
template of the District's.Dust Control Plan is available.at:
http://www.valleyair.org/bu8ind/comply/PM10/forms/DCP-Form%20-%201.0-14-2004.pdf
Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or
other materials. In the event thatthe project or construction of the project creates a public nuisance,
it could be in violation,and be subject to District enforcement action. .
-Rule.4103,(Open Burning),regulates the burning of agricultural material.- .Agricultural material. shall
not:be'burned when the and use'.is converting from:agriculto.re to nonagricultural purposes. In the
event that the project burned or burns agricultural material, it would be in violation .of Rule.4103-and
be subject to District enforcement,action.
Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings.
This rule specifies architectural coatings storage, clean up and labeling requirements. '
Mr. Sanchez May 16,2005
T-5466,R-0511. Page 2..
Rule 4641 (Cutback, .Slow Cure, and.Emulsified Asphalt, Paving and Maintenance Operations). If
asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This
rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt
for paving and maintenance operations.:
Rule 4901 (Wood Burning. Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions
from residential development. Construction plans for residential developments may be affected by
.section 5.3, specifically:
§5.3 Limitations on.Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments.
Beginning January 1,2004,
5.3 1..Norperson 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 Noperson 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, of
'230-5968.
Rule 4902 (Residential Water Heaters) limits emission of NOx from residential developments.
The District encourages innovation in measures to reduce air quality impacts. There are a number of
features that could be incorporated into the: design/operation of this project to provide additional
reductions of the .overall level .of.emissions.. (Note:'Some of the measures may already exist as City:
development standards. Any measure selected should be implemented to the fullest extent possible.)
The suggestions listed below should not be considered all-inclusive and remain options that the agency `
with.the land-use authority should consider:
• Trees should be carefully `selected and;located to protect the building(s) from energy consuming
environmental conditions, and to shade=paved areas. Trees should be selected to shade paved
areas that will shade 50%'of the area within+ 15 years. Structural soil should be used under paved
`areas to improve tree growth. A brochureas been included for the applicant.
- ,h
For Structural Soil.see http://www.hort.dornell.edb/uhi/outreach/csd/
For Tree Selection see http://www:ufei.org/"
For Urban Forestry see
http://www.coolcommunities.org http:Hwcufre.ucdavis.edu
http://wwwagc.org/bookstore/enerpy/downloads/siv tree auidelines.pdf
• If transit service.is available to the project site, improvements should be made to encourage its use.
If transit service is not currently available, but is planned for the area in the future, easements should
be reserved to provide for future,improvements such as bus-turnouts, loading areas, route signs and:.
shade structures... Appropriations. made to facilitate public or mass transit will help mitigate trips
generated by the project.
< Sidewalks. and bikeways should, be installed throughout as much of the project as 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:;tnps. Pedestrian rd -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 a'nd 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.
Mr.Sanchez May 16, 2005
..-T-5466, P-05-11 Page 3
9 -
As many energy conserving and emission reducing features as possible should be included in the
project. Energy conservation measures include both energy 'conservation through design and
operational energy conservation. Examples include (but are not limited to):
- Increased energy efficiency (above California Title 24 Requirements)
See httr)://www.energy.ca.gov/title24/.
- Energy efficient widows (double pane and/or Low-E)
- Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at
http://www.acimd.gov/business/brochures/zerovoc.html -
- High-albedo (reflecting) roofing material. See http:Heetd:lbl.-Qov/coolroof/
Cool Paving. See.http://www.harc.edu/harc/Projects/CooIHouston/, http://eande.Ib1.gov/heatisland/
- Radiant heat barrier. See http://www.eere.energy.qov/consumerinfo/refbriefs/bc7.html
- Energy efficient lighting, appliances, heating and cooling systems. See http://www.eneryq star.gov/
- Install solar water-heating system(s)
- Install.photovoltaic cells'
Install geothermal heat pump system(s)
Programmable thermostat(s) for all heating and cooling systems
Awnings or other shading mechanism for windows
- Porch, patio and walkway overhangs
Ceiling fans, whole house fans
Utilize passive solar cooling and heating designs. "(e.g. natural convection, thermal flywheels)
See http://www.eere.energy.gov/RE/solar oassive.html
Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom
:windows etc. -See htti)://www.advancedbuildings.org
Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape
maintenance equipment
- Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines
Natural gas fireplaces (instead of wood-burning fireplaces or heaters)
- : Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to
encourage the use of gas and/or electric barbecues
- Low or non-polluting incentives items should be provided with each residential unit.(such items
could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.)
- Exits to adjoining streets should be designed:#o reduce time to re-enter traffic from the project site
More information can be found at: http://www.ciwmb.ca.gov/GreenBuilding/
http://www.lgc.org, htto://www.sustainable.doe.gov/, http://www.consumerenergyicenter.org/index.html
• : The applicant should implement measures to reduce the amount of vehicle traffic to and from the
project area that further reduce air pollution in the valley. This could include providing an information
center for residents to coordinate carpooling. Check out the "Spare the Air' section of our website
www.vallevair.org-
The project should include as many clean alternative energy features as possible to promote energy
self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity
systems, small wind'turbines, etc. Rebate and incentive programs are offered for alternative energy
equipment. More information can found at-
http://www.dsireusa.org/, httr):Hrredc.nrel.gov/, http://www.bnergy.ca.gov/renewables/
Construction activity mitigation measuresinclude:
'Limit traffic speeds on unpaved roads to 15 mph
Install sandbags or other erosion-control measures to prevent silt runoff to public roadways from
sites with a slope"greater than one.percent
- Install wheel washers for all exiting trucks, or wash`off all trucks"and equipment leaving th site"
Install windbreaks at windward side(s) of construction areas_
Suspend excavation and grading activity when winds exceed 20 mph
Limit area subject to excavation, grading,and other construction activity at any one time .
- Use catalyst equipped diesel construction equipment.
Minimize idling time (e.g. 10 minute maximum)
- Limit the hours of operation of.heavy duty equipment and/or the amount of equipment in use
Mr. Sanchez May 16,2005
T-5466. R-05-1.1 Page 4' ;
Replace fossikfueled.equipment with electrically driven equivalents (provided they are not run via
a portable generator set) .
Curtail construction during. periods of high ambient pollutant concentrations; this'may include`
ceasing of construction ,activity during the peak-hour.<of vehicular traffic on .adjacent roadways,,,
and "Spare the Air Days`' declared by the District.
Implement activity management.(e.g. rescheduling activities to reduce short-term impacts)
<.`During the smog season (May through October), lengthen the construction period to minimize the.
number of vehicles and equipment operating at the same time:
Construction equipment should have engines that are Tier Il (if available as certified by the Air -
Resources Board). Engines built after 1998 are.cleaner Tier 11 engines. Tier I and Tier II (2.5
gram) engines have a significantly less PM and NOx emissions compared to uncontrolled
engines. To find engines certified ` by the , Air` Resources.. 'Board,
see:
http://www.arb.ca.gov/mspr-oq/offroad/cert/cert.php. This site lists engines . by type, then.-
manufacturer. :The "Executive Order" shows what Tier the engine�is certified as.. For more .
information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality'Specialiyst, at
(559) 230-5831.
-: -
Off read trucks'should`be equipped with on-road engines when possible.
" Light Duty Cars.and Trucks should be alternative fueled or hybrids.
Minimize obstruction of.traffic on adjacent,roadways.
District staff is available to meet with you and/or the applicant to further discuss the regulatory
requirements that are .associated with this project. If you have any questions or require further,
information,;please call Mr. Hector R. Guerra, Senior Air Quality Planner at 230-5820, or me at 230=5800' . ,
and provide the reference numberatthe.top of this letter.
Sincerely-
Chrystal,
Chrystal,Meier.
Air Quality Specialist
Central Region
Enclosures
c:file
STATE OF CALIFORNIA—BUSINESS-TRANSPORTATI ND HOUSING AGENCY ARNOLD SCHW,gRZENEGGER Governor .
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE
- A
P.0.80X 12616 . '.
FRESNO,CA 93778-2616
:_:-)NE (559)445-6666 Flex your power!
X (559)488-4088 �] Be energy efficient!
` TTY (559)488-4066 . .
lTl1 vim' ..
April 26, 2005 2QQ
APR -2
pianring Division .2131-IGR/CEQA
rIc- ment Department 6-FRE-180-64.41+/-
FANCHER CREEK DEIR
SCH # 2004021071
C-04-79 & T-5232
Mr. Mike Sanchez
City of Fresno Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Sanchez:
On April 6, 2005,the Fancher Creek project went before the Planning Commission. The project. .
consists of four major project areas and is generally located between North Clovis,North
Armstrong, East Kings Canyon (State Route 180) and East Harvey Avenues.
At the hearing, questions were raised about the San JoaquinValley Growth Response Study model
and its effectiveness in analyzing development projects:
Caltrans contracted with highly qualified consultant team to develop the San Joaquin Valley
Growth Response study model known as the `GRS Tools. The study area for the demonstraiion
project included.the City of Fresno to which development of this sophisticated software was
applied. In fact,Fresno City staff played a significant role in developing the software so that the
type of information the GRS Tools would generate would be of value in addressing both regional
and City-specific concerns.
Various reasons for not using the GRS Tools were provided by City staff. One reason was that the
model is only suitable for regional analysis. This statement is not supported by fact. The GRS
Tools are well suited for use at a community or neighborhood level, including projects such as
Fancher Creek. The City may choose not to use the GRS Tools, but clearly the Tools are much
more sensitive,-quantifiable, and appropriate to addressing the impacts of land use decisions. Had
the GRS tools been.used,.a more meaningful analysis of the following portions of the EIR could
have been provided: .
1: Alternatives analysis;: Use of the GRS Tools would have ensured,an accurate.quantification,of
the environmental impacts of different alternatives,°and would have permitted exploring
alternatives that might be environmentally superior but that would still meet the developers' and
the City's goals in creating the Fancher Creek project. As it stands,the ETR offers no viable
environmentally preferable alternative; use of the GRS Tools would have permitted the City to
consider additional options.
"Caltrans improves mobility across California"
Mr. Mike Sanchez ,
April 26, 2005 .,
.:Page 2
2. Air quality impacts analysis. The GRS Tools would have given the City a precise and
quantified description of both the impacts and the air quality benefits claimed by the project.
This analysis could have included a quantifiable assessment of the project-specific impacts as
well as cumulative impacts for the region. Because the tools were not used, the speculation of
the air quality benefits of such design features as"walkability" and a grid street layout was not, .
supported by fact. Without use of the GRS Tools, the EIR's air quality analysis represents more,
speculation as compared to quantifiable data.
3. Air Quality Mitigation Measures: Use of the GRS Tools would have provided design
alternatives that could have significantly reduced vehicle trips.. The mitigation contained in the
EIR professing to reduce vehicle trips is speculative; there is no analysis to support these
claims. The GRS Tools would have identified where to place transit stops, locate the more
intense land uses, siting of interrelated uses, etc. that could have provided additional mitigation
for the project's air quality impacts. This waspointed out in the letter from the City of
Fresno's transit agency, Fresno Area Express (FAX). FAX states that the GRS Tools can
provide valuable insights about opportunities to enhance the,effectiveness of the land uses
:planned for this project: FAX requested in their letter that the GRS Tools be used to help 9 .
develop land use scenarios leading to optimum use of public transportation. Caltrans concurs
with FAX'sposition. The GRS Tools would have provided this type of analysis and would
have quantified the mitigating effects of such features.
The most significant difference between the GRS Tool and the limited traffic model.now being
used to evaluate the impacts from development,is that the traffic model represents 20 years of
growth and does not represent a cumulative analysis of land use impacts. The GRS Tools are
specifically designed to provide this type of analysis. The GRS .Tools could lead to so called
"smart growth" land use decisions. This would benefit the local, regional, and State transportation
network, as well as air quality, economic development and the jobs/housing balance critical to a
community's quality of life. With the GRS Tools, public officials and citizens would be provided
with the likely impacts ofalternative.growth policies. The resulting information is also available to
:public officials and citizens in easy-to-understand maps and tables (there were comments at the
Planning:Commission that Fancher.Creek's EIR was difficult to.understand).
At the Planning Commission,hearing, Caltrans entered into the record that the Freeway 180 i
extension has been delayed. This delay could mean that the extension will:not complete
construction unti12012,possibly longer if there are_additional funding shortfalls. We were
unaware of the extent of the delay until just shortly before the Planning Commission hearing. All
bf the analysis of this project's traffic impacts,and our subsequent review of that analysis, was
prepared with the assumption the Freeway would be completed prior to any phase of Fancher
Creek being:completed •This is no longer a guarantee The traffic study is therefore no longer
adequate to fally evaluate"the project's impacts and'should be revised.
Caltrans has also had concerns regarding the traffic volumes shown in the Fancher Creek traffic.
study. We felt they were too low, but as we had agreed to the City's request to expand our.design
for the Freeway to incorporate Fancher Creek, we did not press the issue. Now, with the
construction of the Freeway delayed,.we are concerned about the traffic numbers and the potential
impact. We understand that a"peer review"of the traffic study was prepared. Caltrans.would like
"Caltrans improves mobility across California"
Mr. Mike Sanchez`
April 26, 2005
Page 3.
the opportunity to review this analysis as it may confirm our concerns that the traffic volumes
presented in the study are not reflective of the actual impacts that the Fancher Creek project may
..generate.
We are concerned about this project's impacts to the intersection of Belmont and Clovis. When
will the.improvements be made to this intersection? Impacts to this local intersection could impact `
operations at the Freeway 180/Clovis Avenue interchange. '
Caltrans has received a copy of the Final EIR. We submitted the,following comments to the
Planning Commission and are resubmitting them prior to the City Council hearing on this project,
apparently scheduled for May 17, 2005 at 5:00 PM.. We request the City clarify these issues prior
to'the Council hearing:'
Caltrans commented in our November 29,2004 letter that a dedication of right-of-way from this
project would be needed to`accommodate the ultimate configuration of State Route 180 (East
Kings Canyon) at this location. The Response to Comments document includes the following
response:
-3. Right-of-way dedications and encroachment permit issues will be dealt with as apart of
the site.plan review process.
Caltrans isnot concerned about the reference to the encroachment permit. If the permit is needed` _
prior to our relinquishing this section of State Route 180 to the City, as is likely, the permit will
need to be issued by Caltrans. We are more concerned, however, that the right-of-way dedications
will be"dealt with as a part of the site plan review process." Please clarify what this means. Does
the.City intend to request right-of-way from the developer?
Caltrans has reviewed the letter from the City's Public Works Department and the subsequent
responses contained in the FEIR. While we concur, in principle, with the Public Works
Department, we would like to see how the percentages were arrived at that are presented in the
Traffic/Circulation Mitigation Measure Responsibility matrix. We would also like to see a clearer
representation of which signals, and at what development phase, the developer will be responsible
for installing.
The City's Public Works Department has required mitigation to a portion of SR 180 and references
improvement to some intersections that may or may not include State right-of-way, depending on
the.extent of the required construction. Should the identified mitigation to SR 180 need to be
implemented prior to Caltrans relinquishing the facility to the City, the applicant will need an
o
encroachment ezmif from.Caltrans. .The Miti ation Monitoring Reportneeds to be submitted
p
0
prior to submittal of the application for the encroachment permit. -When the City prepares the
program for reporting or monitoring mitigation measures as required under CEQA, Caltrans should
be included in the "Compliance Verified By"-column. The need to complete and submit the,State
:required Mitigation Monitoring Form to Caltrans should also be included. At the Planning
Commission, the consultant entered this information,into the record. It should also be made clear
to the City Council.
"Caltrans improves mobility across California
NIr. Mike Sanchez
Apri1.26, 2005.
Page 4
Caltrans notes that a comment letter makes reference to a"MEGC"parcel and the fact that it is not
under the applicant's control. While Caltrans would ordinarily applaud the City for including ally
possible aspects of the project, and thereby avoiding a"piecemeal" approach to the environmental
analysis; we must concur with the comment letter. As this parcel is integral to the circulation
issues associated with the project, an analysis should also be prepared that willprovide information
as to,what will.happen should the parcel not be available to accommodate,the Fancher.Creek
development. Will eminent domain be invoked? Will it be necessary to change the traffic
circulation as analyzed within the EIR in order to utilize other parcels should the MECG parcel not
be available to accommodate the project's necessary infrastructure? Such realignment would
change both the-project's traffic impacts and the noise impacts associated with this traffic;possibly
impacting new noise receptors that have not been analyzed. Without a thorough analysis of the
Possibility that traffic=circulation and noise impacts may change due to the unavailability of the `
MEGC parcel; the decision-making body and the'general public cannot make a fully informed
decision on the impacts of implementing the project.
bl
`We request that this letter be made part of the permanent public record for this project and that a
copy of our letter be included in the staff report for the City Council.: This will provide the
decision-making body and the general public with a complete and accurate environmental
evaluation for the project.
"Please be advised that,any future development adjacent to a State Route,whether the entitlement is
deemed by the lead agency to be discretionary or ministerial should be sent to-Caltrans for review.
If you have any questions,please call meat (559) 445-6666.
Sincerely,:
MOSES STITES
-Office of Transportation Planning
District 06
C: . Ms.Barbara Goodwin, Council of Fresno County Governments
State Clearinghouse ,
..0 improves c
"Caltrans imps s mobility across California
CITY OF FRESNG -ENVIRONMENTAL ASSESSMENT, STUDY
FINDING OF CONFORMITY/MEIR NO. 10130
Pursuant. to Section. 21157.1 of the California Public Resource Code DATE RE
CIVFOR FILING:
alifornia ,Environmental Quality Act) the project described below is
.ztermined to be within the scope of the Master Environmental Impact Report
(MEIR) No. 10130 prepared for the 2025 Fresno General Plan rnC7
� 01
Initial study is on file in the Planning and Development Department, City Hall,
2600,Fresno Street,.Fresno, California 93721 rn
(559) 621-8277
Applicant: Initial Study Prepared By:
Thompson-Hysell Engineers Mike Sanchez, Planner IIT
1016 12rn Street a June 16, 2005:
Modesto, California 95354
Environmental'Assessment Number: Project Location (including APN):
Rezone Application No. R-05-11 East side of Minnewawa Avenue bounded' by the
Fancher Creek Canal and the Washinton Colony
Vesting Tentative Tract Map'No. 5466/UGM
Canal.
(APN: 481-040-12s, 14s)
Project Description:
Rezone Application No. R-05-11:and. Vesting Tentative Tract Map No. T-5466/UGM proposes to rezone the
property from the'AE-5/UGM (Five Acre Agriculture Exclusive/Urban Growth Management) zone district to the
R-1VUGM (Single Family Residential/Urban Growth Management) zone district to subdivide the 10.7 acre site
into a .41-lot 'single family residential subdivision. The property is within the jurisdiction of the Roosevelt
Community Plan and the 2025 Fresno General Plan. Both plans designate.the property for medium low `
...density residential land uses and the property is proposed to be rezoned to R-1/UGM (Single Family.
' . `:'esidentia11Urban Growth 1 Management) which is consistent with the planned land use designation. The
subject property is currently vacant and is surrounded, by rural residential and approved single family
residential developments.
Conformance to.Master Environmental Impact Report (MEIR NO. 101.30):
The; 2025 Fresno General Plan and Bullard..Community Plan designate the subject parcel for medium high
density residential planned land uses. The proposed R-2/UGM (Low Density.- Multiple Family
Residential/Urban 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 (2.19
to'4.98 dwelling .units per acre) that is permitted•by the existing .planned land use and proposed zoning "
designation for the site. Thus, the development of the site with a 41-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. 10.130.8s provided
by CEQA Section 15178(a)_
Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may
Pe determined that.a subsequent project falls within the scope of a MEIR,.provided that the project does not
:Finding of Conformity Under MEIR Nu. 10130
Environmental Assessment No. R-057121/C=05=91/T-5489
Page 2
June 16,' 2005
cause significant impacts on the environment thatwere not previously examined by the MEIR. Relative to this
specific project proposal, the environmental impacts noted in the MSIR, per the 2025 Fresno General Plan`
land use designations, include impacts 'associated with the medium low density residential land use
designation specified.for,the subject parcel. Based on this initial stud "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
of the 'CEQA Guidelines, has•determined that all feasible mitigation measures from MEIR No. 10,130 shall
apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has
been provided regarding staff'srt finding in a manner prescribed by this section of the Guidelines and by
Section 21092 of the California ,Public Resources Code (CEQA provisions).
Darrell Unruh p e
Planning Manager, City of Fresno
.'K:1Master Files.-Tract Maps1R-05-1;1/T-5466 FINDING OF CONFORMITY.doc
Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-05-1.1/T-546.6
Mitigation Monitoring Checklist (HEIR No. 10130) for Environmental Assessment No. R-05-
11/T-5466 -
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LEGEND
Subject Property4 M�4x!'; U.G.M,Area
1
PLANNING & DEVELOPMENT
N DEPARTMENT
VESTING TENTATIVE TRACT MAP NO.. 5466/UGM -
A.P.N.;481-040-125.14S_
REZONE APPLICATION NO. R-05-011
��,.. ZONE MAP: 2555
East of Minnewawa Ave. at Church Ave. BY/DATE: J.S. 1 4-4-05
NOT TO SCALE
EN
VIRQ"rMENTAL_ASSESSMENT(EA) CHECKLIST
PC: NTIAL ENVIRONMENTAL EFFECT
EA NO. R-05-IIT-5466
1_0 TOPOGRAPHIC, SOIL. GEOLOGIC 11.0 ' URBAN SERVICES
CONSIDERATIONS 1 11.1 . Availability of fire protection
1.1 Geologic hazards, unstable soil condition's'. 1 11.2 Lack of emergency vehicle access
'i 1.2 Adverse.change in topography or ground surface relief 1 -11.3Adequacyof design for crime prevention, .
1 .1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities
1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size
1 11.6 Availability of sewer lines of.adequate capacity
2.0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities(on or
1 .2.1 : Substantial indirect source of pollution off.site)
1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park,and recreation areas
1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation
1 2.4 Generation of dust except during construction
1 2.5 Adverse local climatic changes 12.0 : HAZARDS
1 12.1 Risk of explosion or release of hazardous. .
3.0 WATER substances
1: 3.1 Insufficient groundwater 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
11 . 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
5.2r'
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 9.2 Acceleration of growth rate `.'1" No significant Environmental Effect
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 ,
a. not substantially unusual•or of undesirable magnitude.
characteristics
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
10.2 Cumulative increase in traffic on a major street for which The proposed protect will have an adverse environmental
effect in this:category which is of:sufficient magnitude,ao
capacity deficiencies are projected
1 10.3 Specific traffic hazard to motorists,bicyclists, be of -:specific concern. However, this effect is not
pedestrians substantial enough in,itself to requireahe preparation of an
: 1 10.4 : Routing.of non-residential traffic through residential area Environmental Impact Report, and .is mitigable through
10.5 Insufficient or poorly located parking project changes and conditions.
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 Environmerital Irripact.Report.
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FRESNO CITY PLANNING COMMISSION
RESOLUTION N0 .12266
The Fresno"City Planning Commission, at its"regular meeting on"August 17, 2005, adopted the following
resolution relating to Rezone Application No. R-05-11.
WHEREAS,Rezone Application No. R-05-11 has been filed with the City of Fresno to rezone the property as
described below:
REQUESTED ZONING; R-1/UGM(Single Family Residential/Urban Growth Management)zone district
EXISTING ZONING:' AE-5/UGM (Exclusive Five Acre Agricultural District/Urban Growth
Management)zone district
APPLICANT: Dennis Bennett
LOCATION: Both sides of East?Church Avenue between South Minnewawa and South.
- Clovis Avenues.
APN: 481-040-12s, 14s a
LEGAL DESCRIPTION: From AE-5/UGM to R-1/UGM:
PARCEL 1:
That portion of the Northwest quarter of.Section 17, Township 14 South,
Range 21 East,Mount Diablo Base and Meridian,according to the Official Plat
thereof, described as follows:
Beginning at the West quarter comer of said Section 17; thence North 010 16'
12" West.along the West line of the Northwest quarter of said Section 17,a
distance of 273.29 feet to the true point of beginning;thence North 010 16'.1259
West, continuing along the West`line of the Northwest quarter of said Section
17, a distance of 1377.11 feet to the Northwest corner of the South half of the
South half of the Northwest quarter of the Northwest quarter of said Section 17;'
thence.North 86"57'- 43" East, along the North line of the South half of the
South half of the Northwest quarter of the Northwest quarter of said Section 17,
a distance of 1333.35 feet to the Northeast corner of the South half of the South
half of the Northwest quarter of the Northwest quarter of the Northwest quarter
of said Section 17,said point being on the West line of Parcel 2 of Parcel Map
No.4359,according to the map thereof recorded in Book 30,Page 41 of Parcel
Maps,Fresno County;Records;thence South 01°29' 36"East, along the West
hne`.of said Parcel 2;"a distance of 805.1 l feet to a point on the centerline of
Fancher Creek;thence Westerly and Southwesterly,along the centerline of said
Faucher Creek, the following courses:
South 79 16' 01" West, a distance of 42.05 feet; thence North 88° 31' 31"
West, a distance of 35.09 feet; thence North 66 00' 02" West, a distance of
45.93 feet; thence North 59° 47' 48" West;a distance of 147.98 feet; thence
Planning Commission Resolution No. 12266
Rezone Application No. R=05-11:
August 17, 2005
Page.2.
North 68° 31'47" West, a distance of 44.11 feet; thence South 86° 31' 46"
West, a distance of 39.65 feet; thence South 5.5° 61' 50" West, a distance of
52.96 feet; thence South 54 47' 14" West, a distance of 68.54 feet; thence
South 370,26' 36" West, a distance of 43.07 feet; thence South 600 01' 57"
West, a distance of 171.07 feet; thence South 53° 49' 56"West, a distance of
117.03 feet; thence South 420. 19' 05"West, a distance of 114.03 feet; thence
South 630 44' 29" West, a distance of 63.68 feet;.thence South 710 48' 11
West, a distance of 120.38 feet;:thence.South'66° 07'41"..West, a distance of,
65.14 feet; thence South 460 52' 25" West, a distance of 73.23 feet;.thence
South. 390, 54' 53 West, leaving the centerline of said Fancher Creek; a
distance of 238.77 feet to a point on the East line of that certain parcel of land '
deeded to the City of Fresno November 5., 1987, as Document No. 87133669,
Official Records of Fresno County thence North 01' 29' 36"West, along the
East line, a distance of 70.07 feet;,thence North 73° 53' 59" West, along the
North line of that certain parcel of land deeded to the City of Fresno November
5, 1987, as Document No. 87133669, Official Records of Fresno County,and
along the North line of that certain parcel of land deeded to the City Fresno
December 7,;1981, in Book 7825 Page_536 of Official Records,of Fresno
=County, a distance of 14.11 feet; thence South 210 21' 34" West, along the ;
Northwesterly line of that said certain parcel of land deed to the City of Fresno
December 7, 1981 in Book 7825 Page 536,Official Records of Fresno County;
a distance of 124.18 feet; thence South 88 43' 48"West, a distance of 50.0.0
feet to the true point of beginning:
EXCEPTING THEREFROM one-quarter of all-the oil, gas, hydrocarbon
substances and minerals, in under and which may be.produced from said real
property, and one-quarter of.all the royalties, payments, rights and benefits
reserved to the lessor in any oil,gas or mineral lease of said land,and the right
to enter upon said real property and to explore and prospect for and store and
remove said oil, gas, hydrocarbons and minerals therefrom and the right to
construct and maintain on said land such roads, pipe lines, telephone lines,'
tanks,'buildings and other appurtenances as may be reasonably necessary or
.incidental to such operations, and to exercise such other rights, including the
right of ingress and egress, as may be reasonably necessary or incidental
thereto, as reserved in the Deed.from Milton G. Cooper & Son, Inc., a
corporation,to M.Ducey and Mable Ducey,husband and wife, as j oint tenants,
dated March 2.1, 1945; recorded March.22, 1945 as Document No. 11687,-
Official Records.
ALSO EXCEPTING THEREFROM an undivided one-half interest in and to ,
any and al oil, gas, or other hydrocarbon substances in or under said land, as
reserved by Mary.Anderson, et al, in Deed recorded March 13, 195.1', in Book
'2984 Page 388.of Official Records.
Planning Commission Resolution.No. 12266
Rezone Application_No. R-05-11
August 17;2005
Page 3
ALSO EXCEPTING THEREFROM an undivided one-half interest in all oil,
gas and/or minerals, as reserved by William, Bums, a single man, Robert J.
• Burns and Betty S. Burns, his wife, and Mary Ann Ralston and Howard J.
Ralston, also known as Howard Ralston, her husband and Vera M. Burns, a
widow, in Deed recorded July 28, 1952 in Book 3192 Page 475 of Official.
Records.
Also excepting and reserving an undivided one-fourth interest in all oil, gas
and/or minerals in and under said land,as reserved in Deed recorded January 8, ;
1959 in Book 4159.Page 552 of Official Records.
Note:` By Quitclaim Deed dated December 5, 1978 and recorded January 23,
1979 as Document No. 8754 in Book 7204 Page 906, Official Records,
Transamerica Development Company formerly Capital Company, remised,
released and quitclaimed to Superior Farming Company all surface rights to the
parcel or parcels of land therein described from a distance of not more than 50
feet in depth. Reference is made to the record for full particulars.
PARCEL 2:
The North 12 acres of that portion of the Northeast quarter of the Southwest
quarter of Section 17,Township 14 South,Range 21 East,Mount Diablo Base
and Meridian, according to the Official Plat thereof, lying Northwesterly of
Washington Canal and North of the land described in the deed of William A.
Jones and wife,to A.A.Anderson,dated July 26, 1919,recorded in Book 698,
Page.278 of Deeds.
EXCEPTING THEREFROM any portion thereof lying West of that certain
boundary line established in a survey on March 25, 1880,and made a'matter of
record in Book "M".Page 318 of Covenants.
ALSO EXCEPTING THEREFROM that portion described as follows:
Commencing at.the West quarter corner of said Section 17;thence South 890 ,
55' 26 East, along the North line of said Southwest quarter, a distance of
1350.46 feet to a point on the Westerly line of the lands,of Eshieman as agreed
upon in an,instrument recorded December 10, 1890,in Volume"M"Page 318,
et seq.; of Covenants,Fresno County Records thence South 00° 25.' 47"East;
continuing along said Westerly line,a distance of 332.72 feet to a point on the
South line of the North 12.acres of the Northeast quarter of the Southwest
quarter of said Section 17; thence South 89° 55' 21" East, along said South
1' e 10 fee thence North 00° 1' 1 " East a distance of
me distance of 3 8. t n 0 7
a 7
.325.71 feet to the South right of way line of East Church Avenue as shown on
the Official Plan Lines thereof recorded April 2, 1991, in Volume 7 Pages 64
Planning Commission Resolution No. 1.2266
_Rezone Application No. R-05_11
August 17, 2005
.., ...Page.4
through 70 of Precise Plan Lines, Fresno County Records; thence along said
South right.of way line the following courses; North 89° 58' 43"' West, a.
distance of.231.62 feet to the point of curvature of a tangent curve concave
Northerly and having a radius of 800.00 feet;thence Westerly along said curve,
through a central angle of'03°.23' 58", an arc distance of 50.25 feet; thence
North 860 34' 45"West, a distance of 99.05 feet, to the point of beginning.
ALSO EXCEPTING THEREFROM that portion of said North 12 acres being
more particularly described as follows: =
Beginning'at the Southeast corner of said North 12 acres;thence North 56° 17'
48"West,a distance of 10.91 feet;thence North 33°33' 30"East,a distance of,
14.77 feet;.thence North 690 49' 10" West, a distance of 61.14 feet; thence
North 780 46' 14" West a distance of 58:71 feet; thence North 89° 58' 42"
West,a distance of 812.00 feet,more or less,to a point on the centerline of that
certain`easement as.described in Document No. 94107398, recorded July 1;
1994, Fresno County Records; thence South 000 01' 17" West, along said
centerline,a distance of 49.93 feet,more or less;to the South line of said North
12 acres; thence South 890. 55' 18" East, along said South line, a distance of
-927.90 feet, more or less, to the point of beginning.
ALSO EXCEPTING THEREFROM one-quarter of all the oil,gas and minerals
as heretofore reserved of record.
PARCEL3.
That portion.of the Southwest quarter of the Northeast quarter and of the
Northwest quarter of the Southeast quarter of Section 17,Township 14 South,
Range 21 East,Mount Diablo'Base and Meridian,according to the Official Plat
thereof, lying South of Fancher Creek(which is also known as Central Canal)
and Northwesterly of Washington Canal.
Except therefrom the West 40 feet.
Also except one-quarter of all oil,gas,hydrocarbon substances and;minerals in,
under and which may be produced from said lands,and one-quarter of all of the
royalties,payments rights and benefits reserved to the lessor.in.any oil, gas or
mineral lease of said land, andthe'night to enter upon said real property and to
explore'and prospect for and store and remove said oil,gas,hydrocarbons and y
minerals therefrom, and.the right to construct and maintain on said land such
roads,pipe lines,telephone lines,tanks,buildings and other appurtenances as
may be reasonably necessary or incidental to such operations,and to exercise
such ,other rights," including the right of ingress and egress, as may be
reasonably necessary or incidental,thereto as reserved in the Deed from Milton
Planning Commission Resolution No. 12266,
Rezone Application No. R-05-1 I ,
August 17, 2005
Page 5'
G. Cooper & Son, Inc., a corporation, to W. C. Monroe, a single man, dated
March 21, 1945, recorded March 22, 1945 as Document No. 11645.' -
Also
1645. -Also excepting an undivided one-quarter interest in and to all oil, gas and other
hydrocarbons and minerals now or at any time hereafter situate, therein and
thereunder,together with all easements andrights necessary or convenient for
the production, storage and transportation thereof and the exploration and
testing of said real property; and also the right to drill for, produce and use
water from the said real property in, connection with drilling:or mining
operations thereon, as reserved in the Deed from W. C. Monroe to 4ohn D. '
A '
Morgan, Jr and Hazel Beall Morgan, recorded April 9, 1947 in Book 2512,
".'.Page 16 of Official Records.
i PARCEL 4:
F The West 40 feet of that portionof the Southwest quarter of the Northeast
': a quarter of Section 17,Township 14 South,Range 21 East,Mount Diablo Base
and Meridian, according to the Official Plat thereof, lying South and West of
Fancher Creek; .and also the West 40 feet of that portion of the Northwest
quarter of the;Southeast quarter of Section 17, Township 14 South, Range°21
East, Mount Diablo Base and Meridian, lying North and West of Washington'
Canal;
a
Except one-half of all the oil, gas and,minerals, as heretofore reserved of
record;
And also excepting therefrom right of way as heretofore conveyed of record.
WHEREAS, the above-named •
applicant is requesting a zoning change on the above property in orderto allow
for a proposed 41-lot single family residential planned unit development; and,
WHEREAS, the Roosevelt.Community.Plan Advisory Committee reviewed the application on April 4, 2005
and recommended approval; and,
WHEREAS, the Fresno City Planning Commission on August 17, 2005, reviewed'the subject rezone
application in accordance.with the policies of the Roosevelt Community Plan and the 2025 Fresno General
P1'an, arid,
WHEREAS, during' the August 17, 2005, hearing, the Commission. received a staff report and related
information, environmental documents and considered testimony regarding the requested zoning change;
and,
WHEREAS, no neighbors spoke in opposition to the project.
I
Planning Commission Resolution No. 12266
Rezone Application No.,R-05-11
August,17, 2005 {
Page.6
NOW, THEREFORE,' BE IT RESOLVED that the Fresno City .Planning Commission hereby finds and .
determines that there is no substantial evidence in the record to indicate that Rezone ApplicationNo. R-05-11
may haveiausignificant effect on the environment'as identified by the Finding of Conformity to the 2025 Fresno .
General PIan;Master Environment nmental ntal Impact Report (MEIR No. 10130) dated June 16,2005,,prepared for
Environmental Assessm
, I
11/T-5466
t
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City
Council that the requested�R-1/UGM (Single Family Residential/Urban Growth,Management)zone district be
approvedl
The foregoing Resolution was adopted by the Fresno' City Planning Commission upon a motion,,by
Commissioner Vasquez, seconded by.Commissioner Vang.
VOTING: Ayes Vasquez,Vang, Cherry, DiBuduo, Kissler, Brand
< I Noes None
Not Voting 4 None p T
Absent ,'f ,None
DATED: August 17,.2005 1C YOVINO, Secretary
Fre no City Planning Commission
R solution No. 12266
Rezone Application No. R-05-11 {
f Filed by Dennis Bennett
i Action: Recommend Approval
K:1Master Files-20051 REZONE1R-05-11-PC Reso.doc. -
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FRESNO CITY PLANNING COMMISSION
RESOLUTION NO..12267
The Fresno City Planning Commission at its regular meeting on August 17, 2005,.adopted the following
resolution pursuant to the Subdivision Map Act of the Government.Code of the State of California and the-..
Municipal Code of the City of Fresno:
W HEREAS,Vesting Tentative Tract Map No 5466/UGM was filed with the City of Fresno and proposes to
subdivide the subject property into a 41'-lot single family residential subdivision development on
approximately 10.7 acres of land located on the both sides of East Church Avenue between South
Minnewawa and South Clovis Avenues;.and,
WHEREAS, the Roosevelt.Community Plan Advisory Committee reviewed the application on April 4,
2005, and recommended approval of the tentative tract map; and,
WHEREAS, the Planning and Development Department staff recommended approval of the proposed
project subject to all.conditions of approval contained.in the staff report dated August 17, 2005; and,
WHEREAS, the Fresno City Planning Commission-conducted a public hearing on August 17, 2005, to
review the proposed subdivision and considered the staff report and invited testimony with respect to the
proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED, that the Fresno City Planning Commission hereby finds and
determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map
No. 5466/UGM may have a significant effect on the environment as identified bythe Finding of Conformity
to the.2025 Fresno General-Plan Master Environmental Impact Report(MSIR No. 101 30)dated June 16,
2005, prepared for Environmental Assessment No. R-05-11/T-5466.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the
aentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the
adopted 2025 Fresno General Plan and the Roosevelt Community Plan and the findings required
pursuant to Section 66410 et. seq. of the.Government Code.
'BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting
Tentative Tract Map No.5466/UGM subject to the Planning and Development Department Conditions of
Approval dated August-17, 2005,as amended to include the following:
1. That a six-foot wide.planter strip be incorporate instead of a four-foot planter strip.
2. That Condition Nos. 60 through 63 be eliminated since these conditions do not apply to this.tract.
P y
The foregoingResolution was adopted b the Fresno City Planning Commission upon a motion by
Commissioner Vasquez; seconded by Commissioner Vang.
AyesVasquez, Vang, Cherry, Dibuduo, Kisssler, Brand
Noes
None
Not Voting '- None
Absent-,+_ None
DATED: August 17, 2005 P
o P. OVINO, Secretary
Fr s City Planning Commission
Resolution No. 12267
Vesting Tentative Tract Map No. 5466/UGM
Filed by Dennis Bennett
Action: Approve with conditions
KAMaster Files-2005CREZONEIR-05-11-T-5466 PC Resd.doc
Recording Requested by:
`City Clerk,.Fresno, California
No Fee-Govt. Code 6103 '
Return to City Clerk, Fresno
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ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO
y PROPOSED AND INITIATED BY
MOVED BY -- SECONDED BY
e #
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING
THE OFFICIAL�ZONE MAP OF THE CITY OR FRESNO.HERETOFORE
ADOPTED BY ARTICLES 1 TO 4.5- INCLUSIVE,CHAPTER-12, OF THE
FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE
CITY OF FRESNO
WHEREAS, Rezone,Application No. R=05-91,has been filed by Dennis Bennett, property owner,
"with the City of Fresno to rezone property as described hereinbelow; and,
WHEREAS,the Roosevelt Community Plan Advisory Committee considered this application at its
meeting of April 4, 2005, and recommended approval; and;
WHEREAS, pursuant to the,provisions of Article 4, Chapter 12,of the Fresno Municipal Code,the
Planning Commission of the City of Fresno held a public hearing on the 17th day of August, 2005, to
consider Rezone Application No. R-05-11 and related Environmental Assessment No. R-05-11/T-5466,
during which the Commission recommended to the Council of the City of Fresno approval of the subject
environmental assessment and rezone application amending the City's Zoning Ordinance on real property ;
descn bed'hereinbelow:from% the AE=S/UGM(Ezcluswe Five Acre Agricultural%Urban.Growth Management)
zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district; and,
WHEREAS, the Council of.the City of Fresno,:on,the,20th day of September, 2005, received
the recommendation of the�Planning Commission...
Ordinance Amending Official Zone Map
Rezone Application No. R-05-11'''
Page 2
NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the testimony and information presented at the hearing and upon review
and consideration'of the environmental documentation provided, the.adoption of the proposed rezoning
is in the best interest of the City of Fresno. The Council finds in accordance with its own independent
judgment that there is no substantial evidence in the record that the rezoning may have.a significant
effect on the environment as identified by the Finding of Conformity to the 2025 .Fresno General Plan
Master EnvironmentalImpact Report (MSIR No. 10130) dated June 16, 2005, prepared for. ,
. . ,:. :Environmental Assessment No. R-05-11/T-54661. Accordingly, Environmental Assessment No.R-05-
11/T-5466 ii hereby approved.
SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the existing
medium low density residential land use designations of the 2025 Fresno General Plan and the Roosevelt
Community Plan as specified in Section 12-40.3-B of the Fresno Municipal Code.
SECTION 3 "The Council finds that the zone district of the real property described hereinbelow,
located in the County,of Fresno and shown on.the Official Zone Map of the City of Fresno, is reclassified
from the.AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the
R-1/UGM (Single Family Residential/Urban Growth Management) zone district.
From AE-5/UGM to R-1/UGM:
.`That portion of the Northwest quarter of Section 17, Township 14 South;
Range 21 East, Mount Diablo Base and.Meridian,according to the Official
Plat thereof, described as follows:
Beginning'at the`West quarter corner of said Section 17;thence North 01°
16' 12"West along the West
line of the Northwest quarter of said Section"
1.7,a distance of 273.29 feet to the true point of beginning; thence North
01° 1.6' 12'';West,continuing along the West line of the Northwest quarter
of said Section 17, a distance of 1377.11 feet to the Northwest corner of
the South half of the South half of the Northwest quarter of the Northwest ,
quarter of said Section 17;thence North 86° 57'43"East, along the North
line of the'South half of the South half of the Northwest quarter of the
Northwest quarter of said Section..17, a distance of 1333.35 feet to the
Northeastcorner of the South half of the South half of the Northwest
quarter of the Northwest quarter of the Northwest quarter of said Section
Ordinance Amending Official Zone Map
Rezone Application No. R-05-1 1
Page 3,
17, said point being on the West line of Parcel 2 of Parcel Map No.4359,
according to the map thereof recorded in Book 30, Page 41 of Parcel
Maps, Fresno County Records; thence South 01.'.29'36" East,along the
'West line of said Parcel 2,`a'distance of 805.11 feet to a point on the
centerline of Fancher Creek; thence Westerly and Southwesterly, along
the centerline of said Fancher Creek, the following courses:, -
South 79' 16'01 West, a distance of 42.05 feet;thence North 88°31°31"
West,a distance of 35.09 feet;thence North 660 00'02"West,a distance
of 45.93 feet;thence North 590 47' 487 West, a distance of 147.98 feet;
thence North 680 31'47"West, a distance of 44.41 feet;thence South 86
31'46"West, a distance of 39.65 feet; thence South 55' 61' 50"West, a
distance of 52.96 feet;thence South 54°47' 14"West,a distance of 68.54
feet; thence South 57' 26' 36" West; a distance of 43.07 feet; thence
South 60° 01' 57" West, a distance of 171.07 feet; thence South 53° 49`
56 West, a distance of 117.03 feet; thence South 420 19' 05" West, a
distance .of-114.03 feet; thence South 63° 44' 29" West, a distance of
63.68 feet;.thence South 71° 48' 11 West, a distance of 120.38 feet;
thence South 660 07'41 West, a distance of 65.14 feet;thence South 460
52' 25" West, a distance of 73.23 feet;thence South 39' 54''53" West,
leaving the centerline of said Fancher Creek, a distance of 238.77,feet to
a point on the East line of that certain parcel of land deeded to the City of
Fresno November 5, 1987, as Document No.87133669,_Official Records
of Fresno County thence North 01 0 29' 36"West, along the East line, a
distance of 70.07 feet;thence North.730 53'59"West,along the Northline.
of that certain parcel of land deeded to the City of Fresno November 5,
1987, as Document No. 87133669, Official Records of Fresno County,
and along the North line of that certain parcel of land deeded to the City of
Fresno December 7, 1981, in Book 7825 Page 536 of Official Records of
Fresno County,a distance of 14.11 feet;thence South 210 21' 34"West,
along the Northwesterly line of that said certain parcel of land deed to the
City of Fresno December 7, 1981, in Book 7825 Page 536, Official
Records of Fresno County,a distance of 124.18 feet; thence South 88
43' 48",West, a distance of 50.00 feet to the true point of beginning.
EXCEPTING THEREFROM one-quarter of all the oil, gas, hydrocarbon
substances and minerals,in under and which may be produced from said
real property,and one-quarter of all the royalties, payments, rights and
benefits reserved to`the lessor in any oil,gas or mineral lease of said land,
and the right to enter upon said real property and to explore and,prospect
for and store and remove said oil, gas, hydrocarbons and minerals
therefrom and the right to construct and maintain on said land such roads,
pipe telephone.telephone lines,tanks, buildings.and other appurtenances as
may be reasonably necessary or incidental to such operations, and to
exercise such other rights, including the right of ingress and egress, as
may be reasonably necessary or incidental thereto, as reserved in the
Deed from Milton G. Cooper & Son, Inc., a corporation, to M. Ducey and
Mabie Ducey, husband and wife, as joint tenants, dated March 21, 1945,
recorded March 22, 1945 as Document No. 11687,.Official Records.
Ordinance'Amending>Official Zone Map
Rezone Application No.. R-05-11
Page 4
t.
ALSO EXCEPTING THEREFROM an undivided one-half interest in and
to any and al oil, gas, or other hydrocarbon substances in or under said
land, as reserved by Mary Anderson, et al, in Deed recorded March 13
1951, in Book 2984 Page 388 of Official Records.
ALSO EXCEPTING THEREFROM an undivided one-half interest in all oil,
gas and/or minerals, as reserved by William Burns, a single man, Robert
J. Burns and Betty S'. Burns, his wife, and Mary Ann Ralston and Howard
J..Ralston, also known as Howard Ralston, her husband and.Vera M.
Burns, a widow, in Deed recorded July 28, 1952 in Book 3192 Page 475
of Official Records.
Also excepting and reserving an undivided one-fourth interest in all oil,
gas and/or minerals in and under said land, as reserved in Deed recorded
January 8, 1959 in Book 4159 Page 552 of Official Records'. '
Note: By Quitclaim'Deed dated December 5, 1978 and recorded January
23, 1979 as Document No. 8754 in Book 7204 Page 906, Official
Records, Transamerica Development Company formerly Capital
Company; remised, released and quitclaimed to Superior Farming
Company all surface rights to the parcel or parcels of .land therein
described from a distance of not more than 50 feet in depth. Reference is
made to the record for full particulars.
PARCEL 2:
_ The North 12:acres of that portion of the Northeast quarter of the
Southwest quarter of Section 17, Township 14 South, Range 21 East,
Mount Diablo Base and Meridian, according to the Official Plat thereof,
lying Northwesterly of Washington Canal and North of the land described
in the deed of William A. Jones and wife, to A:A. Anderson,dated July
26, 1919, recorded in Book 698, Page 278 of Deeds.
EXCEPTING THEREFROM any portion thereof lying West of that certain
boundary line established in a survey on March 25, 1880, and made .a
matter of record in Book "M" Page 318 of Covenants.
ALSO EXCEPTING THEREFROM that portion described as follows:
Commencing Iat the West quarter corner of said Section 17;thence South
890 55', 26" East, along the North line of said Southwest quarter, a
distance of 1350:46 feet to a point on the Westerly line of the lands of
Eshieman:as agreed upon in an instrument recorded December 10, 1890,
inVolume"M Page 316,`et seq., of Covenants, Fres no`County Records;`
thence South 000 25'.47" East, continuing along said Westerly line, a
distance of 332.72 feet to a point on the South line of the North. 12 acres
of the Northeast quarter. of the Southwest quarter of said Section 17;
thence South 89'55'21"East,along said South line,a distance of 378.10
feet;thence North 000 01' 17"East, a distance of 325.71 feet to the South
right of way line of East Church Avenue as shown on the Official Plan
t
Ordinance Amending'Official Zone Map
Rezone Application No. R-05-11
Page 5. ,
Lines thereof recorded April 2; 1991, in Volume 7 Pages 64.through 70 of
Precise. Plan Lines, Fresno County Records; thence along said South
right of way line the following courses; North 89° 58'43"West,a distance
of 231.62 feet to the point of curvature of a :tangent curve concave
Northerly and having a radius of 800.00 feet;thence Westerly along said
curve, through a central angle of 030 23' 58 an arc distance of 50.25 :
feet;thence North 860 34'45"West, a distance of 99.05 feet, to the point
of beginning.
ALSO EXCEPTING THEREFROM that portion of said North 12.acres
being more particularly described as follows:
" Beginning at the Southeast corner of said North 12 acres; thence North
56° 17'48"West, a distance of 10:91 feet;thence North 33°33'30"East,
'a distance of 14.7.7 feet; thence North 690 49' 10".West, a distance of
.61:14 feet;thence North,78°46' 14"West a distance of 58.71 feet;thence
North 890 58'42"West,,a distance of 812.00 feet, more or less, to a point
on the centerline of that certain.easement as described in Document No.
94107398;recorded July 1, 1994, Fresno'County Records, thence South
00' 01' 17'West, along said centerline, a distance of 49.93 feet,more or
less, to the South line of said North 12 acres;thence South 890 55' 18
East, along said South line,a distance of 927.90 feet,more.or less,to the
point of beginning.
ALSO EXCEPTING THEREFROM one-quarter of all the oil; gas and
4: minerals as heretofore reserved of record.
PARCEL 3:
That portion of the Southwest quarter of the Northeast quarter and of the
Northwest quarter of the Southeast quarter of Section 17, Township.14
South, Range 21 East, Mount Diablo Base and Meridian, according to the
Official Plat thereof, lying South of Fancher Creek(which is also known as
Central Canal) and Northwesterly of Washington Canal.
Except therefrom the West 40 feet.
Also except one-quarter of all oil, gas, hydrocarbon substances and
minerals in, under and which may be produced from said lands, and one-
quarter of all of the royalties, payments rights and benefits reserved to the
lessor in any oil, gas or mineral lease of said land, and the right to enter
upon said real property.and to explore and prospect for and store and
remove said oil,gas, hydrocarbons.and minerals therefrom, and the right
to construct and maintain on said land such roads, pipe lines, telephone
lines, tanks, buildings and other appurtenances as may be reasonably
necessary or incidental to such operations,and to exercise such other
.right's, including the right of ingress and egress, as may be reasonably
necessary or incidental thereto as reserved in the Deed from Milton G.,
Cooper& Son; Inc., a corporation, to W. C. Monroe, a single man, dated
March 21, 1945, recorded March 22, 1945 as Document No. 11645.
r
Ordinance Amending,Official Zone Map
Rezone Application No. R-05=11
4
Page 6
Also excepting an undivided one-quarter interest in and to all oil,gas and
other: hydrocarbons and minerals now or at any time hereafter situate,
therein and thereunder,togetherwith all easements and rights necessary,
or convenient for the production; storage and transportation thereof and
the exploration and testing of said real property, and-also the right to drill
for, produce and use water from the said real property in connection with
drilling or mining operations thereon,as reserved in the Deed from W. C.
Monroe to John D. Morgan,Jr. and Hazel Beall Morgan, recorded April 9,
1947 in.Book 2512, Page 16 of Official Records.
PARCEL 4:
The West 40 feet of that portion of the Southwest quarter of the Northeast
.quarter of Section 17, Township 14 South, Range 21 East,Mount Diablo
Base and Meridian, according to the Official.Plat thereof, lying South and
West of Fancher Creek; and.also the West 40 feet of that portion of the
Northwest quarter of the Southeast quarter of Section 17,Township 14
South, Range 21 East;Mount Diablo Base and Meridian, lying North and .
West of Washington Canal;
Except one-half of all the oil, gas and minerals, as heretofore reserved of
record;
And also excepting therefrom right of way;as heretofore conveyed of
record.
SECTION 4. This.ordinance shall become effective and in full force and-effect at 12:01 a.m. on
' the thirty-first day after its passage.
CLERK=S CERTIFICATION
:
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO, )
I, REBECCA E.;KLL$CH, City Clerk of the City of Fresno, certify that the foregoing ordinance
was adopted by the Council of the City of Fresno,:California, ata regular meeting held on the
day of 2005, by the following vote:
Ayes:
Noes.
Absent.
Abstain:
REBECCA E. KLISCH
r City Clerk
By
APPROVEDAS TO FORM.
HILDA CANTO MONTOY
City A rney,
By
Deputy
Rezone Application No. R-05-11.
'Filed by.Dennis Bennett
Assessors Parcel No 481-04.0-12s, 14s
K:\Master Files.-2005\'.REZONE\R=05-11\CC Ordinance Bill
CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT
NOTICE OF PUBLIC HEARING
REZONE APPLICATION NO. R-05-11
NOTICE IS HEREBY GIVEN that in accordance with Article 4, Chapter 12 of the Fresno Municipal Code,
Procedures Applicable to Zoning, the Fresno City Council will conduct a public hearing to consider
Rezone Application No. R-05-11, filed by Thompson-Hysell Engineering on behalf of Dennis Bennett,
pertaining to approximately 10.7 acres of property located on both sides of East Church Avenue between
South Minnewawa and South Clovis Avenues. The proposed rezone application would:facilitate the
development of a 41-lot single family;residential subdivision, as proposed by Vesting Tentative7ract Map
No. 5466, previously approved by the Fresno City Planning Commission on August 17, 2005. The
overall density of the subdivision is 3.8 units per acre.
1. REZONE APPLICATION NO. R-05-11: Requests authorization to rezone .the above
described approximately 10.7 acres of property from the AE-5/UGM (Five Acre Agriculture
Exclusive/Urban Growth Management) zone district to the R-1/UGM (Single Family
ResidentiallUrban Growth Management)zone district.
2. ENVIRONMENTAL ASSESSMENT. NO. R-05-11/T-5466: Recommend that a Finding of
Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MSIR No.
10130).be adopted for the rezone application.
FRESNO CITY COUNCIL
Date: Tuesday, 8eptember20, 2005
Time: 9:50 a.m., or thereafter
Place: Fresno City Hall Council Chamber, Second'Floor
2600 Fresno Street, Fresno; California 93721
Any interested person may appear at the public hearing and present testimony in regard to this matter. If
you challenge the above application in court,,you may be limited to raising only those issues, you,,or,
someone else, raised at the public hearing described in this notice, or in written correspondence
delivered to the City Council at; or prior to,the public hearing. The City Council's action pertaining to the
rezone application and related environmental assessment is final:
NOTE: Government Code Section 65091 (Planning and Zoning.Law) requires that this notice be sent to
owners of property within 300 feet of the subject property. The City of Fresno Planning and Development
Department mails this notice to the property-owners within 350 feet.
For additional`information, contact Mike Sanchez, Planning and Development Department, Planning
Division, City Hall, 2600 Fresno Street, Fresno, California 93721-3604, by telephone at (559) 621-8040,
or via e-mail at.Mike.Sanchez@fresno.gov.
NICK P. YOVINO, Director REBECCA E. KLISCH
Planning and Development`Department City Clerk
Dated: September 9, 2005
Assessor's Parcel No. 481-040-12s, 14s'
Al" 1
City of
M.SANCHEZ
PLANNING & DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO, CA. 93721-3604 .`
THIS IS A LEGAL NOTICE
VESTING TENTATIVE TRACT MAP NO.54661UGM y
REZONE APPLICATION NO,R-05-011
East of Minnewawa Ave:at Church Ave.
— — — — — — - - -- — — — — — — — — — — — — — — — — — -- -
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LEGEND
Subject'Pro a U.G.M.Area
'51Property -r Ott=:
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
(REVISED)AUGUST 17,2005
VESTING TENTATIVE TRACT MAP No. 5466/UGM
BOTH SIDES OF EAST CHURCH AVENUE BETWEEN SOUTH MINNEWAWA AND SOUTH PEACH AVENUES
i
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 orexactions 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. 5466/UGM entitled Exhibit
A, dated May 26,.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 No5466/UGM
August 17, 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 improve,ments.•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
improvement's.
9. As a condition of Final, Map approval; the subdivider shall furnish to the City a
subdivision guarantee listing all parties having any right, title or interest and the nature of
their,interest per State law.
Landscaping and Walls :
10... Pursuant to Fresno Municipal Code Section 12-1011-f-3, the developer/owner shall
provide aI5-foot landscape easement (and irrigation system) along the property lines of
dots which back=onto or side-onto East Church Avenue.,
11. -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.
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.
Conditions of Approval
Vesting Tentative.Tract Map No. 5466%UGM
August 17,2005
Page 3
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 E. Church Avenue '
bordering the tentative map.
• Maintenance of all Landscaping and Irrigation systems as approved by the Public Works
Department within the Bike/Pedestrian Trail bordering the tentative map.
• Maintenance of all Sidewalks and Street Furniture within E. Church Avenue and bordering
the tentative map.
• Maintenance of all Street Lights as approved by the Public Works Department within E.
Church Avenue and bordering the tentative map.
• Maintenance of all Street Trees as approved,by the Public Works Department within E.
Church 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 theproperty 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 acid Development Department for review
two weeks prior to final map approval. Said documents shall be recorded with the final
map or alternatively submit recorded documents or documents for recording prior to final
acceptance of subdivision improvements. Said documents shall include assignment of
responsibility to the homeowners association for landscaping and other provisions as
stated in the Planning and Development Department Guidelines for preparation of
CC&Rs dated January 11, 1985.
Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM
August 17, 2005
Page 4 -
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.
1119.:. On Exhibit A dated May 26, 2005, Outlots A-D shall be used for the following purposes
• Outlot A and the area titled "Open Space" shall be used for landscaping and
open space purposes
• Outlot B shall be used for pedestrian and bike path purposes
• Outlot C and D shall be used for the.use by FID for the conveyance of water,
thought the Fancher Creek Canal and Washington Colony Canal.
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 Fancher Creek Canal. The developer/owner
shall construct the pedestrian/bike portion of,the trail within a 25-foot easement that runs
along the northern boundary,(Outlot.B) of the project site, parallel with. the Fancher
Creek Canal and extends south to East Tower Avenue. The trail shall also extend to the
east behind'Lots 11 and 12 of Tract No. 5466 to the intersection of the Fancher Creek
and Washington Colony canals. This extended portion of the trail shall be landscaped
and maintained.
The trail design and cross section,including the trail extension, shall be approved by the
Planning and Development.Department and the Public Works Department prior to the
submittal of a Final Map. The street pavement shall be striped for bike lanes in the area
as required by the Public Works'Department. The proposed design may require fencing
along the canal. The equestrian portion-of the trail is anticipated to .be removed at a
future time through the entitlement process.
Building Setbacks
21. Building setbacks shall be in accordance with the R-1 zone district and the provisions'of..
Section 12-211.5-E of the. Fresno 'Municipal Code, unless otherwise noted in these
conditions. Lots 11 through 15 shallwill have
f
Information
22. Vesting Tentative Tract Map No. 5466/UGM is subject-to Planning Commission and City
Council approval of related Rezone Application No. R-05-11. .
23. 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.
24. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
Conditions of Approval
Vesting Tentative Tract Map.No. 5466/UGM
August 17,2005
Page 5
25. Pursuant to Section-66456.1 of the Subdivision MapAct, which states `The right of the
subdivider to file multiple Final"Maps shall not limit the authority of the local agency to
impose reasonable conditions relating to the filing of multiple Final Maps, any multiple
final maps filed by the subdivider on-this tract shall fully and independently conform to all
provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision .of Real
Property.
26. The developer/owner shall obtain any and all permits required "for the removal or
demolition of any existing,building or structure located within the subdivision boundaries.
The developer/owner shall also obtain any and all permits required for the proper
abandonment/closure of any existing water well, septic tank/leach field or cesspool, and
irrigation pipeline on the subject property. All such permits shall,be obtained prior to
commencement of-tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
27. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop"immediately.
28 If there are suspected human remains, the Fresno County Coroner,shall be immediately
contacted (business hours: (559)-268-0109; after hours the contact phone number is
(559) 488-3111 for the Fresno County Sheriffs Department). If remains, or other
archaeological material is possibly Native"'American in origin, the, Native American
Heritage:Commission (phone.number'(916) 653-4082) shall be immediately contacted,
and the California Archaeological Inventory/Southern, San Joaquin .Valley Information
Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of
recognized archaeologists.
29. 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.
30. 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.
31. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment
levied under any State or local law, including a division into condominium interest as.
defined in Section 783 of the Civil Code, the developer/owner shall file a written
application with the City of Fresno Director of.Public Works, requesting apportionment of
the unpaid portion of the assessment or pay off such-assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM
August 17, 2005.
Page 6
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
initia!_assessment in making the requested apportionment.
32. 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.
33. "'Solid waste disposal for the subdivision shall be provided by the City of Fresno. The
method of collection to be utilized in this tract shall be subject to approval of the.Solid
Waste Manager (see below-noted conditions).
PARK SERVICE
34. Comply with the attached memo from the Public Works Department dated May 11,2005
for street tree requirements.. .
Urban Growth Management Requirements ,
35. .The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the
time of Final Map approval. Fee payment may be deferred until time of building permit
issuance in accordance'with the requirements of Section 12-4.509-C-3 of the FMC. }
FIRE SERVICE
36. This project is within two and one-half miles from Fresno County Fire Station No.,87.
Fresno Fire Station No. 15 near Clovis and Kings canyon is under construction and will
serve the site in the future.
37. Provide residential hydrants on site and fire flows per,Public Works Standards with two
sources of water.
38. 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 '/2 inch outlet shall
face the access lane.
Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM
August 17, 2005
Page 7
39. Two means of ingress/egress must be provided. This access must be maintained during
all phases of development. The bridge across Church Avenue is a condition of approval
to provide the second access point. Therefore,' Church. Avenue bridge must be
completed prior to construction on the site.
40. 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.'
Urban Growth Management Requirements
41. 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. This
project is also subject to UGM fire station fees for undesignated service areas. .
SOLID WASTE SERVICE '
42. 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 inaccordance with the City of
Fresno's Solid Waste Management Division Standards.
43. 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 collection day.
44. 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.
45. All streets shall connect to one another or,a temporary turnaround shall be provided.
Turnaround shall be large enough to accommodate a solid waste truck with a 44' turning
radius:
46. Covenant required for cul-de-sacs. There shall be no parkingallowed 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 23, 24, 25, and 26. Developer subdivider
shall execute a .covenant that notifies future buyers of the Solid Waste Conditions of
Approval Nos. 42 through 46 as noted in this document.
STREETS AND RIGHTS-OF-WAY
47: The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
FMC and the State Subdivision Map Acta
Conditions of Approval
Vesting Tentative Tract Map No. 54661UGM
August 17, 2005
Page 8
48. The subdivider shalt 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.
49. All of the required street improvements shall be constructed and/or installed in
accordance with the City of Fresno Standard Specifications (2002 Edition). The
following shall be submitted as a single package to the Public Works Department for
review andapproval:
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).
'50. The subdivider shall underground all existing off-site overhead utilities and proposed
Utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78-
.522, 88-229..
51. The subdivider shall construct.an underground street lighting system per Public Works
Standards within the limits of the tract. Spacing and design shall conform to Public
Works Standards for 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.
52. All dead-end streets created' by this subdivision shall be properly barricaded in
accordance'with City standards within seven days from the time the streets are.surfaced
or as directed by the Engineer.
53. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution
Control District for the'control of fugitive dust requirements from paved and unpaved
roads.
Frontage Improvement Reguirements:
Exterior Streets:
}
Church Avenue: Collector 9both sides)
Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM
August 17,.2005
Page 9
54. Dedicate 47' of property (both sides), from section line, for the public street purposes
within the limits of this subdivision toI"met the current City of Fresno.Col lector standards.
55. Construct concrete curb, -gutter and sidewalk 'to Public Works Standard P-5. The
•
sidewalk pattern shall be constructed to a 10' residential pattern.
.56. Construct 20' of permanent paving (measured from face of curb) within the limits of this
sub-division.`
57. Construct an underground street lighting system to Public Works Standard E-1 within the
limits of this subdivision. Spacing and design shall conform.to Public Works Standard E-
8 for Local Streets...
58. Y Relinquish direct: vehicular 'access rights.to Church Avenue, from,all lots within this .'
subdivision.
59. Eliminate the one-foot pedestrian easement.from Church Avenue.
Interior Streets:
Design and construct•all curb, gutter and sidewalk, (both sides), permanent paving, cul-de-
sacs, and underground street lighting systems on all interior local streets to Public works
Standards. Sidewalk patterns shall comply with Public Works Standards for 50', 54' and 56'
streets.
Any temporary dead-end streets created_.by this subdivision shall be properly barricaded in
accordance with the Public Works Standard P-44. Lots 11-15,including the lot designated
for open space shall be.developed with,,a six-foot planter,strip adjacent to the curb with
a sidewalk width of six-feet.
Specific Mitigation Requirements:
60. 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.
61.` Design and construct a Major Street Bridge at the intersection of Church Avenue and the
Washington Colony Canal No.. 15. :Public Works will apply this requirement to a
minimum of four other subdivisions with each subdivision being responsible for a fee no
greater than 1/5 of the cost of-said bridge. The timing of the bridge construction shall
occur prior to close;out of this subdivision or at such time that the City Engineer deems
necessary.
.62. Multi-purpose trail: South side of Fancher Creek Canal)Construct a pedestrian, bike and
equestrian trail per the 2025 Fresno General Plan, -Multi-purpose Trails Plan Map and
Public Works Standards.. Verify details with Planning.-and Development and traffic
Conditions of Approval
Vesting.Tentative Tract Map No.5466/UGM
August 17, 2005 -
Page 10
Engineering. Identify route on map and provide a cross section prior to the Planning -
Commission hearing. Dedicate a multi purpose Trail Easement of sufficient width to
accommodate the approved cross section. Submit Lighting, Signing and Striping,Plans
to development for traffic's approval. Relinquish direct access rights to the trail from al
lots within this subdivision.
63. . Lind Avenue: Re-design using a 250'"radius.. Radius shall be perpendicular to the
a
Church avenue centerline
64. .Bette Avenue: To avoid creating a four-way intersection, provide.a' CUl-de-sac at the
south end of Bette Avenue.
65. Tower Avenue: Continue Tower Avenue to the west, providing access to Minnewawa
Avenue.
...UGM Requirements:
.66. .:.This Map is in UGM major street zone.D-1/E-2; therefore pay all applicable UGM fees.
Church Avenue: Collector
Dedicate and construct(2)-17' center section travel lanes within the limits'ofthis subdivision
and continue west to Applewood Lane. Dedication. shall be 'sufficient to accommodate
additional paving and any other grading of transitions as necessary based on a 45 MPH
design speed.
STREET NAMES :.
Change'the following,street name to reflect its proper spelling, direction or-name:
67. Make"the following changes to the street names:
a. Tower Street to Tower Avenue
b. ` South Bette Avenue (south of Church)to South Lind Avenue
c. Street B needs a new name. Proposed street names must be unique to the
County:of Fresno and must not have the suffix of avenue, street or road. ,
f SANITARY SEWER SERVICE
68. The nearest sanitary sewer mains capable of serving the project are a 54-inch sanitary
main located in East Church Avenue.. Sanitary sewer service through the city's sewer +
system would require the following prior to connection.
69. Construct an 10-inchsanitary sewer main in South Minnewawa Avenue from East
''Church Avenue north across Fancher Creek Canal.
70.- Sanitary sewer mains shall be extended within the proposed tract to provide sewer
service to each lot.
Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM .
August-17,2005
Page 11
71. Separate sewer house branches shall be provided for each lot created.
72. °Public sewer facilities shall be constructed in accordance with the Department of Public
Works standards,-specifications, and policies.
73. 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.
74. A preliminary sewer design layout shall be prepared by the`developers Engineer and
submitted to the Department of Public Utilities for review and conceptual approvals prior
to submittal or acceptance of the developer's final map and engineered plan and profile
improvement drawing for City review. -
Urban Growth Management Requirements
75. 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 (Fowler); and, Wastewater,
Facilities Charge (residential only). The ' project is located in Sewer Oversize
d `Reimbursement S.A. #35.
WATER SERVICE
76. The nearest City of Fresno water mains capable of serving the project are 16-inch water
mains located in East Church Avenue. The following conditions are required to provide
water service to the tract.
77. Construct a 14-inch water main in South Minnewawa Avenue.from East Church Avenue
north across Fancher Creek Canal.
78. Separate water services with meter boxes shallbe provided to each lot created.
79. Twoindependent 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.
80. All public water 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 are required for
proposed additions to the city water system.
Conditions of Approval
Vesting-Tentative.Tract Map No. 5466/UGM
August 17, 2005
:Page 12
82. . Payment for installation of water service(s) and/or meter(s) and wet-tie(s) is required.
83. Payment of,appropriate water connection charges at the time of final map approval
subject to deferral to building permit issuance as appropriate.
84. The proposed project site is located within the UGM Water Service Area 501 s.
85. The following Water'Connection Charges=and fees shall be paid for the project: Wet
tie(s), water.service(s), and meter(s) installation(s).
FRESNO IRRIGATION DISTRICT (FID)
.86. FID's "Washinton Colony No. 15 and Central No. 23" canals traverses the subject
property as an open canals.
87. FID requires the applicant grant an exclusive easement t&FID and concrete line,'encase
in box culvert or other approved means to protect canal integrity, the Washington Colony
and Central Canals 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 ,canals alignment and required canal
dimensions.
88. 1FID requires all trail improvements and easements for trail purposes be outside FID's
easement,and that no portion of said easements be in common use.
89. 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.
90. 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.
91. FID requests that the applicant be exempted from any condition that would require the.
construction of public facilities.or conveyance of deeds or easements within FID's-canal
easement to any other party without FID's,written consent.
92. The proposed development is adjacent to FID's Central —Washington control facility.
This is a crucial FID operations site for its irrigation;.recharge and stor water routings.
The existing site meets today's needs for FID's Operational and Maintenance practices
in its current rural and remote location; However, FID is concerned with the increase in
pedestrians and possible vandalism to its facilities as a result of the proposed
development and pedestrian trail. FID will require the developer, at a minimum; provide
security fencing and gates to limit public access to: the site and may require
automation/telemetry upgrades and redesign/replacement of" the facilities. FID's
comments and requirements are subject to change as the project review and design
Conditions of Approval :
Vesting Tentative Tract Map fVo. 54661UGM
August 17, 2005
Page 13
progresses and-suggests the applicant and or the applicants engineer contact FID at
their earliest convenience:
FLOOD CONTROL AND DRAINAGE
93. 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 July 25, 2005.
94. Any temporary ponding basins constructed` or enlarged. to provide service to the :
subdivision shall be fenced in accordance with City standards within seven days from
the time the basin becomes operational or as directed by the City Engineer. Temporary
ponding basins will be created through a covenant between the City and the Developer- .
prior to Final Map approval. ,Maintenance of the.temporary ponding.basin shall be by the
Developer until permanent service for the entire subdivision is provided.
SAN JOAQUIN"VALLEY AIR POLLUTION_CONTROL DISTRICT
95. The developer/owner shall comply"•with the requirements in the letter from the San
Joaquin.Valley Air Pollution. Control District dated May 16, 2005, for Vesting Tentative
Tract Map No. 5466/UGM. The subdivider shall comply with San Joaquin Valley Air
Quality Pollution, Control, District Rules,` including Regulation .VIII for the control of
particulate matter and .fugitive dust during construction of"this project and the subdivider
and successors in interest shall conform to the Indirect Source Review. Rule as may be
adopted.
FRESNO UNIFIED SCHOOLDISTRICT
96. Contact the Fresno Unified School District for their requirements and/or fees.
RIGHT-OF-WAY ACQUISITION
97. The developer will be responsible for the acquisition of any'necessary right-of-way to
construct any of the required improvements.
98. 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.
Conditions of Approval
Vesting Tentative Tract Map'No. 5466/UGM
August 17, 2005
Page 14 y
't
99. 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.
,100. 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.
101. 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)
102. 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.
103.`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 -
104. 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 Instaliationfee .$129.00/tree City installed tree
C. Street7ree Inspection fee $30.00/tree Developer installed tree
d. ' Maintenance District Plan Review fee $176.00
e. Maintenance District Inspection fee $305.00
Conditions of Approval
Vesting Tentative Tract Map No. 5466/UGM
August 17, 2005
Page 15 ,
f. Reinspection Fee $29/Hour
FRESNO METROPOLITAN FLOOD CONTROL DIST. FEE/ RATE
g.t Metropolitan Flood Control District Fee * Contact FMFCD for new fees.
Rates increased as of November
2004
SEWER CONNECTION CHARGES FE&RATE
h. Lateral Sewer Chargee .$0.10/sq.ft. (to 100' depth)
i. Oversize Charges $0.05/sq. ft. (to 100' depth)
j. Trunk Sewer Charges $344/living unit
Service.Area: Fowler.
k. Wastewater Facilities Charge*, $2,119/living unit
I. Copper Avenue Sewer Lift Station Charges N/A
m.. Fowler Trunk Sewer Interim Fee Surety* N/A
n. ' House Branch Sewer Charges N/A
o. Millbrook Overlay.Sewers N/A
WATER CONNECTION CHARGES FEE RATE
p. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by owner;,
fee for service(s) and Meter(s)
established by the Master Fee
Schedule.
q. Frontage Charges $6.50/lineal foot
r.' Transmission Grid Main Charges $643/gross acre (parcels 5 gross
acres or more)
s. Transmission Grid Main Bond Debt Service Charge $243/gross acre (parcels 5 gross
acres or more)
t. UGM Water Supply Feer
Service Area: 201s $N/A
Conditions of Approval
Vesting Tentative Tract Map'No..5466/UGM
August 1.7, 2005
Page 16
u. ' Well Head Treatment Feet $0/living unit
Service Area: 201
Y. Recharge Feed $0/living unit
Service Area: 201
W:1994 Bond Debt Services $0/living unit
Service Area: 201
DEVELOPMENT IMPACT FEE FEE RATE.
x: Northeast Fresno,Policing Area* N/A
y: Traffic Signal Charges $414.69/living unit
` URBAN GROWTH MANAGEMENT FEE RATE
z. UGM Fire Station Capital Fees N/A
Service Area:
,
aa. UGM Park Fees N/A
Service Area:
bb. Major Street Chargee N/A Y
Service Area:
cc. Major Street Bridge Charges N/A
Service Area:
dd..UGM Grade SeparationFees N/A
Service Area::
ee. UGM Trunk Sewer Charges N/A
Service Area:
ff.. .Street Acquisition/Construction Chargee N/A
Notes:,
+ Due at time of development
Deferrable through Fee Deferral Covenant.`
IV Due at time of subdivision.
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r,_
Conditions of Approval
;Vesting Tentative Tract Map Nb.'5466/UGM
August 17, 2005
Page 17,
. TRAFFIC SIGNAL FEE
105. This.,project shall pay its Traffic Signal Mitigation`Impact Fee at the time of building,
'permit based.on the trip generation rate(s) as set.forth in the latest edition of the ITE.
Generation Manual. Refer to the adopted'Master Fee.Schedule for fee`rate. This fee
shall be'paid at time of building permit.
K:\Master Files-Tract Maps\Tract 5455 Shelby Chamberlain(C-04-M)\T-5455 COA.doc
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