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HomeMy WebLinkAboutT-5479 - Conditions of Approval - 7/27/2006 city of REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII.D. COMMISSION MEETING: 3/1/06 APPROVED BY March 1, 2006 , A DEPARTMENT I FROM: STAFF, Planning Division Planning and Development Department SUBJECT: REZONE APPLICATION NO. R-05-040; VESTING TENTATIVE TRACT MAP APPLICATION NO. 5479IUGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-0408-5479 EXECUTIVE SUMMARY These related applications pertain to 25.35± acres of property comprised of five parcels located southeast of the intersection of North Cornelia and West Dakota Avenues and on the west side of the North Milburn Avenue alignment. Rezone Application No. R-05-040 proposes to rezone this property from Fresno County's AL-20 (Limited Agricultural, 20-Acre Minimum Parcel Size) zone district to the City's R-1/UGM (Single Family Residential/Urban Growth Management Area) zone district. Vesting Tentative Tract Map Application No. T-5479/UGM proposes to subdivide these 25.35 acres into 122 single-family residential lots and one outlot for open space purposes, with concomitant grading and installation of related urban service infrastructure. The subject property is required to be annexed to the City of Fresno and detached from the Kings River Conservation District and the North Central Fire Protection District prior to development and prior to the rezoning becoming effective (annexation is under the jurisdiction of the Fresno County Local Agency Formation Commission). The subject property is designated in the 2025 Fresno General Plan and West Area Community Plan for medium density and medium-low density residential uses, with approximately equal portions of the subject property falling into each of these land use designations. Zoning to the City's R-1/UGM district, and approval of Vesting Tentative Tract Map No. T-5479, would be consistent with these land use designations. These applications were reviewed by the West Area Citizens Advisory Committee, on September 19, 2005, but the Committee's action resulted in a technical denial (three members voted in favor; three voted against; and two were absent on that date). The project is recommended for approval by staff, subject to compliance with the proposed tract map conditions of approval dated March 1, 2006. PROJECT INFORMATION PROJECT: A 122-lot single-family residential subdivision with an outlot for open space purposes APPLICANT: Subdivider of record: Lafferty Homes, Inc. Property owners: Robert Dominguez, Margaret C. Dominguez, Rhonda Walk, and Harry & Dorothy Paul Applicants' representative: Ingels-Braun &Associates Civil Engineering & Land Surveying REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040,Vesting Tentative Tract Map Application No. T-5479/UGM Page 2 March 1, 2006 LOCATION: APNs 311-091-08, 311-091-09, 311-390-30S, 311-390-31S, and 311-390-34S Southeast of the intersection of North Cornelia and West Dakota Avenues, west of the Milburn Avenue alignment Council District 1, Tom Boyajian SITE SIZE: 25.35 acres gross; 25.07 net acres after dedication of major street right-of-way LAND USE: Existing —Vacant rural residential and uncultivated land Proposed - Single Family Residential Development with an outlot for open space purposes PLAN DESIGNATION The 2025 Fresno General Plan and West Area AND CONSISTENCY: Community Plan designate this property for medium density and medium-high density residential use. The proposed subdivision would yield 4.87 dwelling units per acre of this portion of the property. This is consistent with the property's assigned land use designations per Fresno Municipal Code §12-403-B. EXISTING ZONING: AL-20, Limited Agricultural District, 20-Acre Minimum Lot Size (Fresno County zoning) PROPOSED ZONING: R-1/UGM, Single-Family Residential District/Urban Growth Management Area ENVIRONMENTAL FINDING: Finding of Conformity, filed on November 10, 2005 and noticed in the Fresno Bee on that same day. PLAN COMMITTEE West Area Advisory Committee vote on September 19, RECOMMENDATION: 2005 resulted in a technical denial (a 3-3 tie vote), with two members absent STAFF RECOMMENDATION: Approval of project, subject to compliance with the conditions listed in the attached Tract Map Conditions of Approval, dated March 1, 2006 and in conformance with mitigation measures of MEIR 10130 as outlined in the mitigation checklist prepared for Environmental Assessment No. R-05-040/T-5479 REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040, Vesting Tentative Tract Map Application No. T-5479/UGM Page 3 March 1, 2006 BORDERING PROPERTY INFORMATION PLANNED LAND USE EXISTING ZONING EXISTING USE AL-20 Medium-Low Density Limited Agricultural District, NORTH Residential 20-Acre Minimum Lot Size Rural residences (Fresno County zoning) AL-20 EAST Medium-Low Density Limited Agricultural District, Rural residences Residential 20-Acre Minimum Lot Size (Fresno County zoning) R-1-C Residences (estate sized lots, SOUTH Low Density Low Density Residential but not annexed to the City and Residential not developed with full urban (Fresno County zoning) service infrastructure) R-1/UGM Urban subdivision and a church Single-Family Residential northers Y across from the proposed tract's District/Urban Growth Portion fronting on Cornelia Avenue) Management Area WEST Medium-Low and Low and and Density Residential AL-20 Limited Agricultural District, Rural residences 20-Acre Minimum Lot Size (Fresno County zoning) ENVIRONMENTAL FINDING The initial study conducted for Environmental Assessment (EA) No. R-05-040/T-5479 considered potential environmental impacts associated with the subject subdivision and related infrastructure improvements. The study indicates that this application, if approved, would create a project that conforms to the land use designation and policies (the Urban Form Element) of the updated 2025 Fresno General Plan and updated West Area Community Plan. The study also indicated that potential environmental impacts associated with this project would be mitigated by imposition of project conditions, including conditions derived from the traffic impact study prepared for this project, and would remain within the scope of the City of Fresno's Master Environmental Impact Report (MEIR) No. 10130 prepared and certified for the 2025 Fresno General Plan and for adoption of the West Area Plan. A Finding of Conformity with MEIR No. 10130 was filed on November 10, 2005. The Finding of Conformity incorporates a Mitigation Monitoring Checklist. A notice of this environmental finding was initially published in the Fresno Bee on November 10, 2005. No appeals or comments have been received as of February 24, 2006. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040, Vesting Tentative Tract Map Application No. T-5479/UGM Page 4 March 1, 2006 BACKGROUND / ANALYSIS comprised of five parcels located southeast of the intersection of North Cornelia and West Dakota Avenues and on the west side of the North Milburn Avenue alignment. Rezone Application No. R-05-040 proposes to rezone this property from Fresno County's AL-20 (Limited Agricultural, 20-Acre Minimum Parcel Size) zone district to the City's R-1/UGM (Single Family Residential/Urban Growth Management Area) zone district. Vesting Tentative Tract Map Application No. T-5479/UGM proposes to subdivide these 25.35 acres into 122 single-family residential lots and one outlot for open space purposes, with concomitant grading and installation of related urban service infrastructure. Land uses surrounding this proposed subdivision are typical of the West Area's transitional nature: to the north, east, and west of the project are rural residential homes on AL-20-zoned parcels located in the unincorporated area (no information was provided by Fresno County to explain how small lots were subdivided with this zoning in place to protect farmland). To the south, the County previously approved a tract with smaller lots on land zoned by the County for large-lot single-family residential uses (Fresno County "R-1-C" zoning), although this development does not have the full range of urban service infrastructure. To the west of the proposed project, across North Cornelia Avenue, there is some urbanized residential property developed with a typical urban subdivision and a church. The new Central East High School is located to the northeast of the project, and Teague Elementary School is north and somewhat east of the project (both schools are on the north side of West Dakota Avenue). This proposed tract can be considered "infill" development, in that it provides for a more contiguous City boundary, provides for a logical extension of urban infrastructure, and implements the West Area Community Plan policies calling for full development of streets and urban services. The subject property has existing rural residential and ancillary structures, all proposed to be removed to facilitate tract development. These structures were evaluated by a qualified historical/cultural resource specialist and were determined not to have potential significance as affirmed by the City's Historic Preservation Project Manager. Vesting Tentative Tract Map No. 5479/UGM is located in the City's Urban Growth Management (UGM) Area, requiring extension of infrastructure to complete the urban service network. The subdivision is conditioned upon UGM street fees, water fees, and sewer fees. The tract map was accepted for processing after City-wide impact fees were effective (August 30, 2006), and is subject to the new Fire, Police, Parks, and Quimby act impact fees (replacing the former UGM impact fees for Fire Station 16 and UGM Parks Area 4). The tract must develop in compliance with West Area Community Plan policies requiring major street landscaping, extension of urban infrastructure, and interface treatment for subdivision lots which abut rural residential parcels of 0.5 to 2.0 acres. The subject property is not yet within the corporate boundaries of the city of Fresno. It must be detached from the North Central Fire Protection District and the Kings River Conservation District, and annexed to the City of Fresno, prior to the proposed rezoning becoming effective and prior to development of the requested tract map. District and city boundary changes are under the jurisdiction of the Fresno County Local Agency Formation Commission. City staff has conferred extensively with Fresno County Public Works and Planning as well as the agencies attending the two Subdivision Review Committee meetings. School construction fees will REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040, Vesting Tentative Tract Map Application No. T-5479/UGM Page 5 March 1, 2006 be collected pursuant to Central Unified's adopted fee schedule, and the City's public improvement requirements reflect sidewalks on both sides of local tract streets as requested by Central Unified School District. Fresno County submitted two letters regarding this subdivision, dated December 6 and December 30, 2005 (copies attached to tract map conditions). Both letters included the requirement that the full width of North Cornelia Avenue be annexed, and both related requirements for providing a safe route to school walking path between this tract and Teague Elementary School. The subdivider commissioned two addenda to the original traffic impact study, with the first addendum focused on pedestrian needs. Warrants could not be met for signalizing the intersection of Dakota and Milburn Avenues as a school pedestrian crossing; therefore, an alternative path along North Cornelia and West Dakota is required to be improved with an all-weather surface distanced from travel lanes, and a fence is to be constructed across North Milburn Avenue until that road is completed to North Dakota Avenue and another pedestrian safety analysis is constructed for subsequent development in the area. The applicants revised the proposed subdivision map several times at the request of staff. Although the map was submitted prior to any formalization of new residential subdivision design requirements, the subdivider has modified the map consistent with these recommendations by adding an open space outlot and pedestrian facilities off site. There is an entry treatment median island in the northerly tract street intersecting North Cornelia Avenue. Traffic calming designs were employed to deal with local street design and right-of-way issues. Notices of the Planning Commission hearing on this vesting tentative tract map and rezoning were mailed to the school district and to all property owners having land within a 400-foot radius of the tract map's boundaries. The Fresno Municipal Code requires only a 350-foot radius but this is intended to be extended when a major street would fall within the boundary for mailing notices; therefore, additional parcels were included by enlarging the mailing radius. These notices were mailed on Friday, February 17, 2005, using County Assessor's records of designated property tax bill recipients to obtain the mailing list. As of Monday, February 27, no appeals were received regarding the subdivision or the rezoning and only one telephone call was received by staff. The caller was inquiring about intended sale prices of the homes, which is a matter unrelated to planning and zoning for a standard subdivision; this information that would have to be provided by the subdivider. conditions of approval. The Vesting Tentative Tract 5479/UGM map exhibits has been revised in consultation with staff from the Planning and Development Department and Public Works Department, to address traffic safety issues with the intersection of West Gettysburg Avenue. West Area Citizens Advisory Committee This Committee considered the proposed rezone and vesting tentative tract map at its September 19, 2005 meeting (see attached project review record). The Committee's vote on this project resulted in a technical denial, because there were 3 in favor and 3 opposed to it (two Committee members were absent). No reasons were given in the project record for recommending denial. The project record does has four requested project requirements: full widening on North Cornelia Avenue a traffic study to look at Dakota Avenue congestion; ; a safe pedestrian route to schools; and that the entire area REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040,Vesting Tentative Tract Map Application No. T-5479/UGM Page 6 March 1, 2006 contiguous to this project be annexed to assure conformance to the West Area Community Plan and 2025 Fresno General Plan policies. Through the Traffic Impact Study, it was determined that standard UGM and frontage improvements on North Cornelia Avenue would adequately serve the traffic expected from this project. These requirements include a turn pocket and full width along the subject property's frontage. Fresno County requested a further specific study of three major street intersections in the vicinity (Cornelia/Shields, Cornelia/Dakota, and Milburn/Dakota), and the conclusion of this study was that the streets are adequate to serve the traffic associated with this project. Another addendum to the traffic impact study analyzed safe route to school pedestrian needs. This resulted in the aforementioned off-site asphalt walking path to be installed to the intersection of Cornelia and Dakota, then east along Dakota and north along Milburn Avenue to reach the elementary school. The configuration of the annexation involving this project is not under the jurisdiction of the City of Fresno. The Fresno County Local Agency Formation Commission reviews each proposed annexation and adds land/parcels as it deems appropriate. Staff has become aware, however, that there is a tract map proposal in the design stage for land on the east side of the subject property and flanking the easement on the Milburn Avenue alignment as it intersections with West Dakota Avenue. Land Use As noted above, the 2025 Fresno General Plan and West Area Community Plan designate the subject property for medium and medium-low density residential uses, with approximately equal portions of the site in each designation. The rezone application conforms to the 2025 Fresno General Plan's Planned Land Use and Zone District Consistency Matrix, which provides for a developed density of 4.99 to 10.37 dwelling units per acre for medium density residential and 2.18 to 4.98 units per acre for medium-low density residential land. The proposed subdivision would implement the site's planned land use and zoning. The R-1/UGM zone district provides for single-family residential development, and requires completion of the urban service infrastructure network. This project provides for housing compatible with its planned land use, and for completion of the planned urban infrastructure and development pattern in the area. With existing built-out subdivisions on the north and west, it can be considered to be a logical and orderly extension of urban development. This project also aggregates five small lots which had previously been created by different parcel map and deeding actions, providing a better-integrated urban fabric. The proposed tract's residential density, after dedication of major street right-of-way along North Cornelia Avenue, will be 4.85 dwelling units per net acre. Pursuant to the Fresno Municipal Code, the 122 lots proposed on the 25.07 net acres of Vesting Tentative Tract Map No. 5479/UGM is consistent with the 2025 Fresno General Plan and the West Area Community Plan. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040, Vesting Tentative Tract Map Application No. T-5479/UGM Page 7 March 1, 2006 Subdivision Lot Sizes and Dimensions Vesting Tentative Tract Map No. T-5479/UGM is consistent with the subject property's existing R-1/UGM and R-2/UGM zoning and with 2025 Fresno General Plan and West Area Community Plan goals for efficient land use, compact development and aesthetics. All subdivision lots meet or exceed the minimum 6,000 sq. ft. size required by the R-1 District. Lot widths and depths also meet zoning requirements. Streets and Circulation The proposed R-1 zoned property and its accompanying subdivision would generate approximately 1,264 average daily vehicle trips (ADTs), and peak travel associated with this project will be approximately 93 A.M. and 125 P.M. trips (figures generated by analysis of the original 124-lot proposal). Pursuant to mitigation measures of MEIR No. 10130 prepared for the 2025 Fresno General Plan and West Area Community Plan, a traffic impact study was prepared for this project by Peters Engineering Group, dated July 21, 2005. The original traffic impact study was augmented by two addenda, one focusing on school pedestrian needs and a second focusing on three intersections for which the County wanted additional data. The Public Works Department Engineering Division Transportation Planning Section has reviewed this proposed development and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated, given implementation of street frontage and Urban Growth Management requirements and with imposition of special mitigation measures derived from review of the Traffic Impact Study and its addenda. This project will help to complete the local street circulation system in the neighborhood by constructing street improvements on North Cornelia Avenue, a designated collector street, and on North Milburn Avenue, a local street. The vesting tentative tract map will have three immediate points of local street access to major streets: two local streets extending to North Cornelia Avenue, access to West Shields via North Milburn Avenue (which this tract is required to improve not only within its boundaries, but also south of its boundaries along unincorporated acreage), and a future point of access to West Dakota Avenue when North Milburn Avenue is completed. It was discovered during review of this proposed tract map that Milburn Avenue extending south from West Dakota Avenue within the proposed project site was never formally dedicated or deeded. This tract will remedy that situation within limits of the tract map. Subsequent urban development of land abutting the east and northeast portions of this tract map will complete Milburn improvements and will re-analyze the need for (the "warrants" for) signalization or other controls for school pedestrian crossing at Milburn and Dakota Avenue. Appendix B of Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan contains the results of traffic modeling conducted for full buildout of the General Plan. The MEIR estimated that the proximal segment of North Cornelia Avenue would have 2,620 VTD at full buildout of the General Plan in Year 2025. Therefore, this collector street would maintain a Level of Service (LOS) C with its planned four travel lanes. The proximal segment of West Dakota Avenue, also a collector street, would have 10,690 VTD at full buildout of the 2025 Fresno General Plan and street would maintain a Level of Service (LOS) C with its REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040, Vesting Tentative Tract Map Application No. T-5479/UGM Page 8 March 1, 2006 planned four travel lanes. These are acceptable levels of service according to 2025 Fresno General Plan policies. This project, being fully consistent with planned land uses of the 2025 Fresno General Plan analyzed in MEIR No. 10130, would not generate traffic that would exceed the current or future capacity of either major street. California Department of Transportation The California Department of Transportation District 6 Office of Transportation Planning ("Caltrans") submitted comments on this project in a letter dated September 7, 2005. The letter affirmed the findings of the project-specific traffic impact study and noted that project trips would impact Freeway 99 interchanges at West Ashlan and West Shields Avenues. Project Study Reports have been completed for improvements to the Ashlan interchange. Caltrans is requesting $9,478 to mitigate impacts to the Ashlan Avenue/Freeway 99 interchange. Provision for to this requested Caltrans fee has been included in the Tract Map Conditions of Approval. The City has been working with Caltrans to develop a legally permissible means for collecting impact fees from development projects for the state highway system. A legally permissible means for collecting impact fees under the Mitigation Fee Act (California Government Code §§ 60000 et seq.) among other things, would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. Caltrans District 6 has provided the City of Fresno with information regarding their standard practices for collecting and accounting for impact fees. 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 for the greater Fresno-Clovis- Madera Metropolitan area. This study may provide the nexus/rough proportionality study necessary for determining a developer's proportionate responsibility for capital improvements to the state highway system. In addition to a proportionate share study, a procedure is being worked out for the City to collect monies and to either hold those monies, or hand over those monies to a separate agency, for improvements to facilities the City does not control or maintain. The Caltrans letter also suggested that a transit alternative should be considered for this project. The project is located in reasonable proximity to FAX Routes 9 and 39. A request for comment on this subdivision was routed to Fresno Area Express for their review and comment/requirements. However, the project's frontage on North Cornelia Avenue is too far south for the standard location of a public bus stop. The project includes provisions for pedestrian access, including an enhanced pedestrian and bicycle route along North Cornelia Avenue and the safe route to school pedestrian path extending eastward from Cornelia Avenue along West Dakota Avenue and northward along Milburn Avenue to Teague Elementary School. When the homes in this project are occupied, it is anticipated that the owners may make some arrangements for vanpool and carpooling, as their schedules and employment locations may make feasible, but it is not possible for a subdivider to make these arrangements before homes are sold. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040, Vesting Tentative Tract Map Application No. T-5479/UGM Page 9 March 1, 2006 Landscaping and Walls This development is required to install masonry walls with fifteen-foot wide landscape setbacks as side-on treatment along North Cornelia Avenue pursuant to West Area Community Plan requirements Provisions for maintenance of walls and public landscaping are addressed in the tract map conditions of approval, with the potential for including this project in the City's Community Facilities District. An on-site outlot for open space recreational purposes is also required to be landscaped by the subdivider. Public Utilities, Drainage, and Irrigation Facilities This tract will be required to extend, and to connect to, water and sewer mains in the abutting collector streets. By installing these water and sewer lines, the proposed subdivision will help to complete the City's utility network and to serve this project, and is required to provide individual water services and sewer house branches to each parcel. Fresno Metropolitan Flood Control District (FMFCD) and Fresno Irrigation District (FID) have reviewed this project. FMFCD has submitted requirements, reflected in tract map and Conditional Use Permit conditions. With construction of a storm drain facilities required by FMFCD, there will still be a need for a temporary on-site basin. The project is required to pay $102,921 in drainage fees (current fee rate), all or part of which may be offset by construction of master planned facilities.\ There are no public or private irrigation facilities connected to Fresno Irrigation District on the subject property. Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of Findings Nos. 2 through 5, below, is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. From the responses of responding agencies and staff reviews, the proposed subdivision map, together with its design and improvements, is consistent with the 2025 Fresno General Plan and the West Area Community Plan because the land use element diagrams of these plans designate the site for Medium Density and Medium-Low Density Residential land uses and Fresno Municipal Code Section 12-403-B allows the proposed 4.85 dwelling unit per acre density of the project. The project design meets the applicable General and Community plan policies and zoning ordinance criteria for development, provided that tract map conditions of approval are met/complied with. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040, Vesting Tentative Tract Map Application No. T-5479/UGM Page 10 March 1, 2006 2. This site is physically suitable for the proposed type and density of development because conditions of approval will insure adequate vehicular and pedestrian access and drainage on and off the site. 4. The proposed subdivision design and improvements are not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located and the area's long-term developed uses for agriculture and residential development. 5. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval will insure that the subdivision conforms with City health and safety standards including (but not limited to) connections to sanitary sewer service and connections to a large community water system utility for each dwelling. 6. The proposed subdivision design will not conflict with necessary public easements within or through the site, because conditions of approval will assure that the existing utility infrastructure is protected. Based on a review of the proposed project and the adopted Circulation Element of the General Plan by the Public Works Department's Traffic Engineering Division, the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The site will complete and take most access from North Cornelia Avenue, a designated collector streets whose traffic volumes currently do not approach the designated capacity for this level of street. The projected traffic volume from this project will not cause major streets and intersections in the project vicinity to exceed their planned capacities and will not cause their Levels of Service to deteriorate below adopted City standards. The project will also provide access improvements on North Milburn Avenue, a local street. 7. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and the local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and recommended conditions of project approval, staff has determined that these findings can be made. Subdivision Conditions of Approval 1. Development shall take place in accordance with the Vesting Tentative Tract Map No. 5479/UGM revised exhibit dated February 9, 2006 (as it may be required to be further corrected to reflect other Tract Map Conditions of Approval). REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-040, Vesting Tentative Tract Map Application No. T-5479/UGM Page 11 March 1, 2006 2. Development shall take place in accordance with the proposed Conditions of Approval for Vesting Tentative Tract No. 5479/UGM, dated March 1, 2005. 3. Development shall take place in accordance with the Master Environmental Impact Report (MEIR) mitigation measures identified in the Finding of Conformity with the 2025 Fresno General Plan MEIR made pursuant to Environmental Assessment No. R-05-040/T-5479, dated November 10, 2005. Planning Commission action on Vesting Tentative Tract Map No. 5479/UGM and Tract Map Conditions shall be final unless the Commission's decision is appealed to the City Council. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and West Area Community Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance 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 project proposed under Rezone Application No. R-05-040 and Vesting Tentative Tract Map No. 5479/UGM are appropriate for the project site with the implementation of conditions of approval and mitigation measures as recommended. Based upon information in the record, and consistent with provisions of the Subdivision Map Act and the Fresno Municipal Code, staff recommends that the Commission make the required findings and enact the following: 1. RECOMMEND CITY COUNCIL APPROVAL OF the Finding of Conformity with General Plan Master Environmental Impact Report (MEIR) No. 10130 and the Mitigation Measure Checklist prepared for this project pursuant to Environmental Assessment No. R-04-050/T-5479. 2. RECOMMEND CITY COUNCIL APPROVAL OF the Rezone Application No. R-05-040. 3. APPROVE the required Subdivision Map Act findings and Vesting Tentative Tract Map No. 5479/UGM, subject to compliance with the proposed Tract Map Conditions of Approval dated March 1, 2006 and subject to City Council approval of the requested rezone and subsequent annexation of the project site to the City of Fresno by the Local Agency Formation Commission. Attachments: Vicinity Map Aerial Photo Vesting Tentative Tract Map No. 5479/UGM revised exhibit, dated February 9, 2006 Project Review Record from the West Area Citizens Advisory Committee, dated September 19, 2005 Proposed conditions of approval for Vesting Tentative Tract Map No. 5479/UGM, dated March 1, 2006 Finding of Conformity with the 2025 Fresno General Plan MEIR No. 10130 prepared pursuant to Environmental Assessment No.T-5479/UGM with a MEIR Mitigation Monitoring Checklist, dated November 10, 2005 1�:,' ROBINSON 1 A' I cw V1 GARLAND I I 1 4 .J a J W Z w O U CORTLAND ANDREWS SHIELDS LEGEND ® Subject Property M I.I.G.M.Area VICINITY MAP PLANNING & DEVELOPMENT N DEPARTMENT VESTING TENTATIVE MAP OF TRACT NO. 5479 A.P.N.: 311-091-08.09:311-390-30.31,34 REZONE APPLICATION NO. R-05-040 W From AL-20(County)to R-1/UGM ZONE MAP: 2145 East of Cornelia Av., North of Shields Av. 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Rezone Application No. R-05-40. proposes to change the zoning on this property from AL-20 (Limited Twenty Acre Agricultural District, Fresno County zoning) to R-1/UGM (Single-Family Residential District, Urban Growth Management Area). Vesting Tentative Tract No. 5479/UGM proposes a 124-lot single-family residential subdivision with related installation of urban service infrastructure. The property is planned for medium-density residential uses in the West Area Community Plan. This project requires annexation to the City of Fresno and detachment from the Kings River Conservation District and North Central Fire Protection District. The applicant's representative is Jeff Callaway of Ingels-Braun & Associates, subdivider is Lafferty DGCI Fresno, LP; owners are Robert& Margaret Dominguez and Harry& Dorothy Paul. Staff planner is Sandra Brock. COMMITTEE RECOMMENDATION ❑ APPROVE ❑ APPROVE WITH CONDITIONS DENY ❑ NO ACTION r BERGTHOLD BARRETT COX ER REISZ LANG MEINDERSEE Approve Deny 3L Abstain Absent COMMITTEE CONDITIONS !COMMENTS ,, , z) /X CL4,t Xf ct J o►'- da-8- r19"A­ef i�S�vrS; �� - Etivi o , -Tr A-CrJ ,d- d-L'u-P4 ...-c-- Staff Liaison: ). _ Date: -- K:\Master Files-Plan Committees\West Area Committee\R-05-040,T-5479 Project Record.doc 4� �-,u►�e -�►,^'hd� fi�-�� Ce►w� ����� tw �'1^*r (� ''d'J Lt.¢ �-o F��v�� City of clod+\ ��l% REPORT TO THE PLANNING COMMISSION rnE-�:c � AGENDA ITEM NO. VIII.D. COMMISSION MEETING: 3/1/06 March 1, 2006 APPROVED BY FROM: NICK YOVINO, Director `� �- DEPAR ME 'DIRECTOR Planning and Development Department `i SUBJECT: SUPPLEMENTAL INFORMATION FOR THE COMMISSION REGARDING PROPOSED REVISED CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5479/UGM, RELATING TO COMMUNITY FACILTIES DISTRICT MAINTENANCE OF FACILITIES/IMPROVEMENTS TO BE INSTALLED WITH THIS SUBDIVISION Revised material for these tract map conditions of approval was submitted by the Public Works Department, in response to issues raised by subdividers at the previous Planning Commission meeting regarding scope of applicability of maintenance requirements for local streets and Community Facilities Districts. Joe Paff of the Public Works Department issued a revised memorandum, dated March 1, 2006, which replaces his earlier memorandum (dated October 6, 2006) attached to the tract map conditions distributed in the original Commission agenda report for this project. Also in response to concerns raised by subdividers at the previous Planning Commission meeting, the revised March 1, 2006 Public Works memorandum presents a new alternative for providing for maintenance of local streets (refer to item No. 4 on the second page of the memorandum). The Planning and Development Department has referenced this revised memorandum several times in the body of the tract map conditions, to clarify its applicability to a wide range of public improvements and facilities to be installed pursuant to development of this tract. Vesting Tentative Tract Map No. 5479 was accepted for processing over one year after the Fresno City Council adopted expanded maintenance requirements for local streets, median islands, concrete work along streets, and tract landscaping. The Council concurrently expanded the scope of maintenance activities of the City's Community Facilities District, to give subdividers an alternative to initiating homeowner's associations as the means of providing ongoing maintenance for a wide range of facilities and improvements. The Planning and Development Department recommends that these revised conditions be incorporated into the Commission's action on the proposed vesting tentative tract map. Attachments: Revised Proposed Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM Revised memorandum from Joe Paff of the Public Works Department regarding Tract 5479 conditions and Community Facilities District, dated March 1, 2006 K:1Common\Master Files—Tract Maps1T-5479, R-05-040 13 PCR Supplement 06-03-01.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5479/UGM CONDITIONS OF APPROVAL March 1, 2006 Southeast of North Cornelia and West Dakota Avenues, on the west side of the North Milburn Avenue alignment All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5479/UGM entitled "Exhibit A," dated February 9, 2006 and depicting a 122-lot single-family residential tract with at least one outlot for open space purposes, the subdivider may prepare a Final Map in accordance with the approved tentative map and in accordance with these conditions. It is noted that the Tentative Tract Map is to incorporate changes noted in the "Street Name Review" chart, dated September 8, 2005 (copy attached), which was based on the original version of this map accepted for processing on September 6, 2005. It is further noted that this subdivision's development is not anticipated to be phased. 2. Rezone Application No. R-05-040 must be approved, and R-1/UGM (Single Family Residential District Urban Growth Management Area) zoning must be in effect prior to approval of any Final Tract Map for Tentative Tract 5479/UGM, and before issuance of any construction permits for subdivision homes and related improvements. The effective date of this rezoning is dependent upon annexation of the subject property to the City of Fresno, and its detachment from the Kings River Conservation District and North Central Fire Department, actions under the jurisdiction of the Fresno County Local Agency Formation Commission. . The applicant is responsible for complying with all conditions of annexation, including but not limited to payment of any fire district transition fees. REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 2 3. Development and use of this property is subject to compliance with the mitigation measures specified in City of Fresno Environmental Assessment (EA) No. R-05-040/T-5479. 4. 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. 5. Major street right of way shall be shall be shown on the Final Map and shall be dedicated to the City of Fresno. Local street easements, pedestrian easements along streets, public utilities, and landscape easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno and shall be maintained by a Community Facilities District or a homeowner's association. Please refer to the QGtebeF 6, March 1. 2006 memorandum of requirements from Joe Paff, Senior Engineering Technician, City of Fresno Public Works Department (copy attached hereto and incorporated herein by reference). 6. If the Outlot A open space is to be maintained by the City's Community Facilities District, this outlot shall also be deeded to the City of Fresno. (In the alternative, if this Outlot is to be maintained through a homeowner's association, they shall be deeded to the association or retained in fee title ownership by the subdivider.) Refer to the aforementioned March 1. 2006 memorandum of requirements from the City of Fresno Public Works Department. 7. 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. 8. The subdivider shall 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. Stormwater pollution prevention regulations must be complied with during project grading and construction and shall be complied with by development on lots in this tract as may be required by National Pollutant Discharge Elimination System regulations jointly administered by the California Environmental Protection Agency/Water Quality Control Board, Fresno Metropolitan Flood Control District, and the City of Fresno pursuant to area-wide stormwater discharge permits and inter-agency agreements. 9. 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 REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 3 engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 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. 10. Grading and drainage plans, and street improvement plans, shall also be submitted to the Fresno County Department of Public Works and Planning for review and approval (refer to the attached letter from the County of Fresno, dated December 6, 2005). 11. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, and inspections in accordance with the City of Fresno Master Fee Schedule (City Council Resolutions Nos. 79-606 and 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 12. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 13. 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. 14. Proposed Easements (including those which may be required to create an off-site pedestrian pathway for a safe route to school), any proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs), and any proposed instruments for an owner's association are to be submitted by the subdivider to the Planning and Development Department for review prior to Final Tract Map approval (Ref.: Fresno Municipal Code Section 12-1026). Said documents are to be recorded with the Final Tract Map(s); alternatively, recorded documents or documents for recording shall be submitted by the subdivider to the Planning and Development Department prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's association for Outlot A and for street and landscaping maintenance (in the absence of this tract's annexation to the City's Community Facilities District; refer to Conditions Nos. 15 and 16, below and to the aforementioned March 1, 2006 memorandum of requirements from the City of Fresno Public Works Department), and other provisions as stated in the Development Department Guidelines for preparation of CC&Rs dated January 11, 1985 REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 4 15. Relinquish direct vehicular and pedestrian access rights to North Cornelia Avenue for all lots and outlots within this subdivision. INFORMATION 16. The subject property is planned for medium and medium-low density residential uses and is proposed for R-1 zoning upon approval of Rezone Application No. R-05-040 and annexation to the City of Fresno. 17. The Design Guidelines adopted for the 2025 Fresno General Plan are applicable to the construction of improvements for this tract. West Area Community Plan policies for major street landscaping and interface development standards for lots abutting rural residential parcels between 0.5 and 2.0 acres in size are applicable to development of this tract. 18. Fresno County is requesting that the annexation of the subject property to the City of Fresno include the full right-of-way of streets abutting the subdivision, in order to avoid creating streets half under the jurisdiction of the County and half under the jurisdiction of the City (refer to the letter from Fresno County Public Works and Planning, dated December 6, 2005; copy attached). 19. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 20. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and C. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 5 City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. Also refer to the aforementioned March 1. 2006 memorandum of requirements from the City of Fresno Public Works Department. 21. The subdivider shall dedicate a ten-foot (10') public utility easement contiguous to all streets within, and abutting, any portion of this tract. If above-ground equipment is to be installed on this easement, it shall be screened from public view by the proposed landscaping and it shall not encroach into the required corner cutoff areas so as to impair visibility. If existing electric or gas facility relocations are necessitated by improvement of this tract, these relocations shall be done at the expense of the developer. 22. All off-site overhead utilities within the limits of this map shall be undergrounded in accordance with Fresno Municipal Code Sections 8-801, 12-1011, and Fresno City Council Resolutions Nos. 78-522 and 88-229. 23. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District. Please refer to the letter from the District, dated October 20, 2005, for requirements relating to internal sidewalks (copy attached). 24. The developer shall contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 25. The developer/owner shall obtain any and all permits required for the removal or demolition of existing buildings/structures, water wells, and septic disposal facilities located within 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, the requirements of the San Joaquin Valley Unified Air Pollution Control District, Fresno County Environmental Health, and the City of Fresno Department of Public Utilities Water Division. 26. The City of Fresno's Historic Preservation Project Manager has reviewed the historic property survey prepared for this vesting tentative tract map, prepared by J&R Environmental Services and dated August 19, 2005. In a memorandum dated October 6, 2005, the City's Historic Preservation Project Manager has concurred with the findings of this survey, that no existing structures on the site are eligible for inclusion on the historic register. However, If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 6 (phone number 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 27. The subdivider shall comply with San Joaquin Valley Air Quality Pollution Control District (SJVUAPCD) Rules, including Regulation VIII of the for the control of particulate matter and fugitive dust during construction of this project, including the preparation of a Dust Control Plan for tract grading. The subdivider and successors in interest shall also conform to the SJVUAPCD Indirect Source Review Rule as it applies to this project. 28. Solid waste disposal for the subdivision may be provided by the City of Fresno Department of Public Utilities Solid Waste Division. The location and type of solid waste containers for serving parcels in this tract shall be subject to approval of the Solid Waste Manager. Refer to the attached Solid Waste Division memorandum, dated October 4, 2005 (copy attached). In areas where local street curbs are inset to provide for "traffic calming," minimum travel lane widths shall be eighteen feet (18') and parking shall be prohibited on the narrowed portions of the streets. LANDSCAPING, WALLS AND FENCING 29. The subdivider shall provide a fifteen-foot (15') deep landscape easement, landscaping, and irrigation system for the landscaping, along the west sides of lots which abut North Cornelia Avenue. A median island entry treatment is required on West Garland Avenue near its intersection with North Cornelia Avenue. Refer to the October 10, 2005 memorandum from Ann Lillie, Senior Engineering Technician, City of Fresno Public Works Department (copy attached) for street tree and median island landscaping requirements, and refer to the aforementioned March 1, 2006 memorandum of requirements from the City of Fresno Public Works Department regarding maintenance of this landscaping. 30. The subdivider shall landscape Outlot A commensurate with this outlot's intended use for open space and pedestrian trail use, and shall install an irrigation system for outlot landscaping. Refer to Condition No. 6, above, for provisions relating to the maintenance of this landscaping and irrigation. 31. A solid masonry wall with exterior aesthetic finish at least six feet (6') tall shall be constructed at the rear of the required landscape easement across the side yards of Lots 1, 40, and 41 which side onto North Cornelia Avenue. These segments of masonry wall shall include appropriate corner cutoffs to meet the requirements of Fresno Municipal Code Sections 12-1011(f)(3) and 12-306-H. . REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 7 32. Provided that the owners of Assessor's Parcels Nos. 311-390-24S and 311-390-23S relinquish access to (vacate) the existing access easement on the North Milburn Avenue alignment from the northerly tract boundary to its current terminus, and take access from Tract 5479/UGM local streets, North Milburn Avenue shall be constructed as a temporary dead-end street and a chain link fence at least six feet tall, with no gate opening, shall be provided and maintained behind the required barricade on the "stub" end of North Milburn Avenue, until such time as North Milburn Avenue is constructed north of this subdivision. The intended purpose of this fence is to prevent school children from attempting a mid- block crossing of West Dakota Avenue, until such time as development of the land abutting the north and east sides of Tract 5479/UGM is analyzed to determine any appropriate pedestrian and/or traffic controls at the intersection of Milburn and Dakota Avenues. 33. The landscaping and walls required in Conditions Nos. 45 29 through 4-7 31, above, shall be installed concurrently with street improvements. Landscape plans shall conform to City of Fresno xeriscape standards, 2025 Fresno General Plan Design Guidelines, and Public Works Department street tree requirements. Anti-graffiti landscaping practices shall be followed in order to protect masonry walls constructed along streets. Improvement plans for landscaping and irrigation systems shall be submitted to the Planning and Development Department and the Public Works Department Engineering Division for review. These plans are required to be approved by the City prior to Final Map approval. 34. Engineered construction plans for the walls required in Conditions No. 17, above, shall be submitted to the Planning and Development Department for review prior to Final Tract Map approval. These plans shall show architectural appearance and location of these walls. 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. 35. Required walls and residential fences (and any fences proposed for Outlot A) shall incorporate corner cut-off provisions for safe visibility at the intersections of the local tract streets with North Cornelia Avenue. In accordance with FMC Section 12-306--H-3.d., corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District (refer to the aforementioned March 1, 2006 memorandum of requirements from the City of Fresno Public Works Department). 36. The landscape buffers and walls required along North Cornelia Avenue, the median island in West Garland Avenue, and the on-site open space shall be preserved and maintained through annexation of this subdivision to the City's Community Facilities District, or, through a homeowners association formed by the subdivider pursuant to CC&Rs. For more information, refer to the previously-referenced memorandum from REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 8 Joe Paff of the City of Fresno Public Works Department, dated OGtebeF 6, 2005 March 1, 2006. 37. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District for local street, landscaping, sidewalk/curb/gutter, pedestfiaR Fa+t; on- site open space, and median island maintenance for abutting major streets within the limits of this tract, the City of Fresno Department of Public Works shall be provided by the developer 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. Refer to the aforementioned March 1, 2006 memorandum of requirements from the City of Fresno Public Works Department regarding maintenance of this landscaping. 38. Front yards of residential lots are required to be landscaped per final corrected landscape exhibits for Conditional Use Permit No. C-05-084. Except for landscaping that may be maintained by a Community Facilities District or homeowners association pursuant to requirements of above Conditions Nos. 6, 29, or 30, property owners are responsible for the maintenance of landscaping on their yards and park strips. BUILDING SETBACKS 39. Building setbacks shall be in accordance with the R-1 (Single Family Residential) zone district, per Fresno Municipal Code (FMC) Section 12-211.5-E, unless modified by subsequent special permit. Front yard setbacks shall be varied to the extent possible within building envelopes provided by the R-1 zone district. 40. There shall be side yard at least six feet in width on the garage side of all residential lots in the tract. Alternatively, the garage side yard may be less than six feet in width, provided the side yard gate has a clear opening at least four feet in width. Installation of paving on this extent of side yards will require special drainage provisions such as a drainpipe from the rear yard to the front of the paved side yard area. These paving and drainage features shall be detailed on tract grading plans. 41. No structures shall encroach into the tract Outlot and required landscape strips, except that appropriate equipment and improvements may be furnished for open space and recreational use on the outlots, subject to approval by the Planning and Development Department. STREET TREES AND PARK SERVICE 42. Comply with requirements of the Public Works Department Engineering Division regarding street trees, per the previously-referenced memorandum dated October 10, 2005. Also refer to the aforementioned March 1. 2006 memorandum of requirements from the City of Fresno Public Works Department regarding maintenance of street trees. REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 9 43. This subdivision map was accepted for processing on September 6, 2005; therefore, City- wide Park Facility fees and Quimby Act open space fees will apply to this project. (Urban Growth Management Area No. 4 Park fees have been superseded by these City-wide fees.) Refer to Condition No. 70, below, for the amounts of these fees and any provision for fee deferrals. FIRE SERVICE 44. The proposed tract is located within 2 miles running distance to temporary and permanent City Fire Station No. 16. The attached Fresno Fire Department Memorandum, dated September 6, 2005, outlines the fire protection requirements for this subdivision. 45. Access is acceptable as shown for the overall tentative tract map. There shall be at least two points of access to any phase of the subdivision during construction. Final tract map plans shall be submitted to the Fire Prevention Bureau for review. 46. Where travel lanes are narrowed to provide for "traffic calming," parking shall be prohibited by means of signage and red curb painting to be installed by the subdivider. STREETS AND RIGHTS-OF-WAY 47. The subdivider/developer shall comply with the requirements outlined in the Public Works Department Engineering Division Traffic Engineering Section memorandum to the Planning and Development Department dated October 26, 2005, attached hereto and incorporated herein by reference. (The exhibit of a traffic circle attached to that memorandum is one example of an acceptable means of"traffic calming" on local streets; the Public Works Department may approve alternate means such as the narrowing of local streets as proposed in the tract map exhibit dated February 9, 2006.) Also applicable is the aforementioned March 1, 2006 memorandum of requirements from the City of Fresno Public Works Department regarding maintenance of local streets and concrete work (sidewalk, curb, and putter). 48. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (most current edition in place at the time an application is made for Final Tract approval). The first order of work shall include a minimum of two points of access to the major streets for any phase of this development. 49. The subdivider shall furnish to the city acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 50. As noted previously, sidewalks are required on both sides of local streets to facilitate safe pedestrian access for schoolchildren. Also applicable is the aforementioned March 1, REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 10 2006 memorandum of requirements from the•City of Fresno Public Works Department regarding maintenance of sidewalks. 51. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract (identify corner cut dedications on all interior streets). Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the four-foot (4') minimum unobstructed path requirement. 52. Refer to Condition No. 32, above, for provisions relating to having North Milburn Avenue at the northeasterly limit of this subdivision barricaded as a temporary dead end street. This condition, if achieved by the relinquishment of access via the easement on the alignment of North Milburn Avenue by the owners of Assessor's Parcels Nos. 311-390-24S and 311-390-23S, shall last until development of land north and east of this subdivision. This and any other temporary dead-end streets created during construction of this subdivision shall be properly barricaded in accordance with City standards within seven (7) days from the time the streets are surfaced or as directed by the Engineer. This temporary dead end street shall conform to Department of Public Utilities Solid Waste Division requirements (contact Donna Leslie of the Department of Public Utilities Solid Waste Division, ph# 559-621-8165, for more information). As noted previously, until North Milburn Avenue is constructed as a City public street to West Dakota Avenue, a chain link is required across this street (and its abutting sidewalks) to prevent schoolchildren from attempting a mid-block crossing of West Dakota Avenue. 53. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. 54. Parking shall be prohibited along the entire frontage of Outlot A. The subdivider shall install signage and any curb painting required by the Public Works Department. Refer to the aforementioned March 1. 2006 memorandum of requirements from the City of Fresno Public Works Department regarding maintenance of curbing, and special signage for the tract. Urban Growth Management (UGM) Requirements: 55. This project is in UGM Major Street Zone 4, and therefore is responsible for applicable UGM fees. UGM construction requirements for North Cornelia Avenue are set forth on pages 2 and 3 of the previously-referenced City of Fresno Public Works Department memorandum dated October 26, 2005 (copy attached). REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 11 Specific Mitigation Requirements: 56. This tract is estimated to generate a potential over 100 peak hour trips; therefore, a Traffic Impact Study (TIS) was required to comply with the mitigation measures contained in City of Fresno Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan. The Trac Impact Study/Tract 5479, prepared by Peters Engineering Group (dated July 21, 2005) was reviewed by the City's Public Works Department Engineering Division Traffic Engineering Section and found to meet City and Caltrans standards. Pursuant to this traffic impact study, the City of Fresno Public Works Department is requiring that North Milburn Avenue be improved by adding paving from the southeasterly limit of the subdivision to West Shields Avenue (paving shall be installed after required underground utilities are in place), and that traffic signal mitigation fees be paid per dwelling unit (refer to the attached copy of the November 1, 2005 letter from the City Public Works Department Traffic Engineering Manager, and to Condition No. 70, below, relating to fees). 57. Pursuant to a request from Fresno County Public Works and Planning, Peters Engineering Group prepared an Addendum to the Traffic Impact Study [for] Tract 5479/UGM, focusing on pedestrian safe route to school issues. Upon reviewing the Traffic Impact Study and its supplement, Fresno County Public Works and Planning memorialized requirements in a letter dated December 30, 2005 (copy attached). The County provided additional requirements for the improvement of Milburn Avenue south to Shields Avenue, road shoulder requirements, design speeds, and reiterated its earlier requirements for annexation of North Cornelia Avenue and for County review and approval of grading and street work plans. Pursuant to health and safety issues, the County requires an off-site "safe route to school" pedestrian access to be improved from the tract's northerly local street intersection with North Cornelia Avenue, north along the east side of Cornelia Avenue to Dakota Avenue (where the school children can cross at a controlled intersection), then on the north side of West Dakota Avenue from its Cornelia Avenue eastward to North Milburn Avenue, then north along Milburn Avenue to Teague Elementary School. This path shall be of all-weather construction (asphalt is acceptable) and shall be at least six feet (6)wide shall be distanced at least eight feet (8')from street travel lanes. 58. Peters Engineering Group prepared a second Addendum to the Traffic Impact Study pursuant to Fresno County's request for additional study of three intersections (Dakota/Milburn, Dakota/Cornelia and Shields/Cornelia). This information was provided to Fresno County on February 15, 2006. The conclusion of the Addendum was that the existing road network at the study location is sufficient to accommodate traffic expected from this project. Fresno County has not responded with further requirements as of February 24, 2006. 59. Ashlan Avenue/Freeway 99 Interchange (State highway facility): Prior to the approval of a Final Tract Map for this tentative tract map, the developer will pay $9,478.00 to the California Department of Transportation ("Caltrans") for a share of cost for improvements to this interchange. This fee was derived by Caltrans from its review of the Traffic Impact Study/Tract 5479 prepared by Peters Engineering Group. Imposition of this condition is REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 12 dependent upon the City of Fresno and Caltrans having an executed agreement for the City to collect and administer State Highway facilities fees (Reference: letter from the California Department of Transportation District 6, dated September 7, 2005, copy attached). SANITARY SEWER SERVICE 60. This tract is in the Cornelia Sewer Trunk service area. The subdivider and his successors in interest shall comply with the requirements set forth in the Department of Public Utilities Planning and Engineering Division memorandum dated September 13, 2005, attached hereto and incorporated by reference. The memorandum includes information relating to required construction of sewer mains and installation of house branches, abandonment of on-site waste disposal systems, and fees. Sewer mains shall be installed before street improvements and paving. Urban Growth Management (UGM) Requirements: 61. This project is in Sewer Oversize Reimbursement Area No. 22 and is responsible for any related fees. Refer to Condition No. 70, below, regarding required sewer fees. WATER SERVICE 62. In order to provide water service to the tract, the subdivider and his successors in interest shall comply with the requirements set forth in the Department of Public Utilities Water Division memorandum dated September 12, 2005, attached hereto and incorporated herein by reference. The memorandum includes information relating to required construction of water mains and installation of individual services for homes, and proper abandonment of on-site waste water wells. Water mains shall be installed before street improvements and paving. Urban Growth Management (UGM) Requirements: 63. This project is in UGM Water Supply Fee Service Area 301s, Well Head Treatment Fee Service Area 301, Recharge Fee Service Area 301, and 1994 Bond Debt Service Area 301. Refer to Condition No. 70, below, for UGM fees applicable to this project. FRESNO IRRIGATION DISTRICT 64. The Fresno Irrigation District has informed the City of Fresno that it has no facilities on the subject property (refer to attached letter dated September 9, 2005). REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 13 FRESNO AREA EXPRESS 65. Fresno Area Express has not imposed any requirements on this tract. FLOOD CONTROL AND DRAINAGE 66. The subdivider shall be required to pay any applicable storm drainage fees to Fresno Metropolitan Flood Control District (FMFCD) to comply with Fresno Municipal Code Chapter 13, Article 13 (please note that the amount of these fees has change, pursuant to a fee schedule update). These fees may be modified and offset in whole or in part through a drainage agreement executed between the developer and FMFCD. Prior to Final Tract Map approval, provide a copy of a letter reflecting the current fee amount, or a copy of the fully executed drainage agreement. 67. FMFCD's October 6, 2005 Notice of Requirements (attached hereto and incorporated by reference) lists the construction and easement requirements and fee obligations of the subdivider/developer. Any proposed amendments to the drainage requirements set forth in FMFCD's Notice of Requirements shall be reviewed and approved by FMFCD and the City of Fresno when detailed grading and drainage plans are prepared for this tract. The subdivider shall be required to comply with the specific requirements imposed by 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. This FMFCD Notice of Requirements states that permanent drainage service is not available, and requires that storm drains be installed as depicted in the Notice's "Exhibit No. 1" and as described in the Notice's "Exhibit No. 2". 68. Due to the lack of FMFCD permanent storm drainage service for this subdivision, temporary on-site ponding basins will need to be created. Any temporary basin constructed for or used by this subdivision requires approval of FMFCD and the City of Fresno, and may only be implemented through a covenant between the City and the Developer prior to final map approval. Temporary basins shall be fenced within seven days of the time a basin becomes operational, and fencing shall conform to City of Fresno Public Works Standard No. P-45 (copy attached). Fresno Mosquito and Vector Control District shall be provided access rights and a means of entry for inspection and mosquito abatement activities for all on-site basins. Attached hereto, and incorporated by reference, is a copy of the updated Public Works Standard No. P-62 for temporary on-site ponding basins, a copy of the City of Fresno's Guidelines for Ponding Basin / Pond Construction and Management, dated October 29, 2004, and a map of the two mosquito and vector control districts serving the Fresno Metropolitan Area. RIGHT OF WAY ACQUISITION 69. The developer will be responsible for the acquisition of any necessary right-of-way and/or easements to construct required improvements. Easement acquisition may be necessary for installation and relocation of off-site facilities such as sewer and water mains, irrigation REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 14 pipelines, and drainage facilities. Rights-of-way acquisition shall include any rights-of- way necessary for proper drainage, signing, pole relocation, traffic signal installation, and shoulder grading (in general, this will require right-of-way to be provided approximately 10 feet outside the travel lane). Exact requirements must be determined at the project design stage based on the existing conditions and detailed design information. 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. 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. Right-of-way and easement acquisition in the unincorporated area that requires the eminent domain process must be approved by the Fresno County Board of Supervisors. 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. 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. DEVELOPMENT FEES AND CHARGES 70. This project is subject to the development fees and charges set forth on the following table, as estimated by the Planning and Development Department Land Division and Engineering Section as of July 20, 2005. New impact fees have since been approved by the Fresno City Council, and will be applicable to this project; contact Frank Saburit at 559-6231-8277 for more information. Pursuant to California Government Code Section 66020(d)(1), a protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments are to be completed with development. REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 15 SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) b. Oversize Charge* $0.05/sq. ft. (to 100'depth) C. Trunk Sewer Chargee $419/ living unit Service Area: Cornelia d. Wastewater Facilities Charge. $2,119/living unit e. House Branch Sewer Chargew N/A WATER CONNECTION CHARGES FEE RATE f. 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. g. Frontage Charge* $6.50/lineal foot h. Transmission Grid Main Charge* $643/gross acre (for parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt Service Charge $243/gross acre (for parcels 5 gross acres or more) k. UGM Water Supply Feev $508/living unit Service Area: 301s I. Well Head Treatment Feew $221 / living unit Service Area: 301 M. Recharge Feev $0/living unit Service Area: 301 n. 1994 Bond Debt Service* $60 /living unit Service Area: 301 DEVELOPMENT IMPACT FEE FEE RATE o. Fire Facilities Impact Fee-Citywide♦** $539/living unit P. Park Facility Impact Fee -Citywide+** $2,278/living unit q. *Quimby Parkland Dedication Feev** $1,120/ living unit REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 16 DEVELOPMENT IMPACT FEE FEE RATE r. Police Facilities Impact Fee-Citywide*** $624 /living unit S. Traffic Signal Charge* $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE t. Major Street Charge.► $3531/adj. acre Service Area: E-4 U. Major Street Bridge Charge* $196/adj. acre Service Area: E-4 V. UGM Grade Separation Fee* $443/adj. acre Service Area: E-4-A W. UGM Trunk Sewer Charge* N/A Service Area: X. Street Acquisition/Construction Charger N/A Fee Notes: * This amount if paid is creditable against the Park Facility Impact Fee. ** Fee applicable to all maps accepted for filing after August 30, 2005 v Due at time of subdivision. �. Due at time of development. ♦ Due at occupancy. w► Deferrable through Fee Deferral Covenant. Attachments: The following documents relate conditions and requirements for this subdivision, except as the preceding text may have amended some of the provisions contained in them: Street Name Review chart for Tract Map 5479, dated September 8, 2005 Revised memorandum regarding Community Facilities District issues, from Joe Paff of the City of Fresno Public Works Department, dated QGtGb8F 6, 20 March 1. 2006 Letter from Fresno County Department of Public Works and Planning, dated December 6, 2005. Letter from Central Unified School District, dated October 20, 2005. REVISIONS TO Conditions of Approval for Vesting Tentative Tract Map No. 5479/UGM March 1, 2006 Page 17 Memorandum from the City of Fresno Historic Preservation Project Manager, dated October 6, 2005 Memorandum from City of Fresno Department of Public Utilities Solid Waste Division, dated August 3, 2005 Letter from the San Joaquin Valley Unified Air Pollution Control District, dated September 15, 2005, with attachments on dust control, asbestos, and tree planting Memorandum regarding Street Tree Requirements, from Ann Lillie of the City of Fresno Public Works Department Engineering Division, dated August 4, 2005 Fresno Fire Department memorandum, dated September 6, 2005 Memorandum from the City of Fresno Public Works Department Engineering Division Traffic Planning Section, dated October 26, 2005 Letter from the City of Fresno Public Works Department Engineering Division Traffic Planning Section to Peters Engineering Group, dated November 1, 2005 Letter from Fresno County Department of Public Works and Planning, dated December 30, 2005. Letter from California Department of Transportation District 6, dated September 7, 2005 Memorandum from the City of Fresno Department of Public Utilities Planning and Engineering Division, dated September 13, 2005 Memorandum from the City of Fresno Department of Public Utilities Water Division, dated September 12, 2005 Letter from Fresno Irrigation District, dated September 9, 2005 Fresno Metropolitan Flood Control District Notice of Requirements for Tract No. 5479, dated October 6, 2005 City of Fresno Public Works Standards Nos. P-62 and P-45, relating to on-site ponding basins and their fencing; Guidelines for Ponding Basin Construction and Management to Control Mosquito Breeding, dated October 29, 2004; and map of Fresno area mosquito and vector control districts Finding of Conformity with Master Environmental Impact Report (MEIR) No. 10130 prepared for Environmental Assessment No. R-05-040/T-547915-95-084, with mitigation monitoring checklist K:\Common\Master Files—Tract Maps\Tract 5479-Sandra Brock)T-5479, R-04-040 08 COA rev@PC.doc City of PUBLIC WORKS DEPARTMENT DATE: March 1, 2006 REVISED 3/1/2006 TO: SANDY BROCK, Planner III Planning and Development Department FROM: JOE PAFF, Engineering Technicia Public Works Department SFT SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5479 AND COMMUNITY FACILITIES DISTRICT The Conditions of Approval for Vesting Tentative Tract 5479 shall include the following language to ensure that ongoing perpetual maintenance of the works of improvement described herein are the sole responsibility of the Subdivider and shall not be the responsibility of the City. As may be described below, the Subdivider may shift his/her/its responsibility for maintenance of these items to future owners of the subject parcels of the proposed tentative tract map provided the Subdivider complies with the provisions described in this memorandum. 1. The Subdivider shall be responsible for ongoing maintenance of the following items: ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street easements (including half of medians) and the landscape easements along the property lines that side or back-onto N. Cornelia Avenue. ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within Outlot A. ■ Maintenance of all interior Local Street Pavement, Curbs, Gutters, Sidewalks, Medians, Hydrants, Inlets and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of one half of Milburn Avenue (to centerline) Street Pavement, Curbs, Gutters, Sidewalks, Medians, Hydrants, Inlets and Street Furniture as approved by the Public Works Department and bordering the tentative map. ■ Maintenance of one half of Dayton Avenue (to centerline) Street Pavement, Curbs, Gutters, Sidewalks, Medians, Hydrants, Inlets and Street Furniture as approved by the Public Works Department and bordering the tentative map. ■ Maintenance and operating costs of all Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance and operating costs of police, fire, traffic control and recreation services as established by the Council of the City of Fresno. Hereinafter, the above listed items shall be collectively referred to as "above listed maintenance responsibilities." P-Ppp" Planning and Development Department RE: REVISED CONDITIONS FOR VTT 5479 AND COMMUNITY FACILITIES DISTRICT March 1, 2006 Page 2 2. The Subdivider may elect and the Council may decide to have the above listed maintenance responsibilities become the responsibility of a Community Facilities District ("CFD"). If the Subdivider elects to petition the Council to include the above listed maintenance responsibilities in a CFD, the selection of which CFD (including the creation of a new CFD) shall be the responsibility of the Public Works Director or his/her designee. 3. If the Subdivider does not elect or the Council does not decide to have the above listed maintenance responsibilities become the responsibility of a CFD, the Subdivider shall establish a Home Owners Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. 4. Notwithstanding the above, as an alternative to the Subdivider being responsible for the maintenance of local streets, and this above listed maintenance responsibility only: The Subdivider shall utilize the following design criteria for the construction of internal streets within the development: ■ TI for local streets shall not be less than 7.5. ■ For the purposes of determining the structural section of the streets, the "R-value" shall be quantified an approved soils testing laboratory, but in no instance shall the value exceed 50. ■ The gravel equivalent shall be in accordance with Caltrans design standards (Section 600) including the factor of safety. ■ The City shall have the final road product certified by a registered civil engineer stating that the constructed roadway meets or exceeds the approved structural section design at the expense of the Developer. This will include taking core samples at a frequency and location determined by the Public Works Director. The Public Works Director shall ■ Developer warrantees the roads for a period of three years after acceptance and secures the warrantee with a performance bond equal to 25% of the engineers' estimate of valuation. For the purposes of calculating this valuation the estimate used for permitting can be used, provided it is adjusted to present value based on CIP published in the ENR. 5. Proceedings to place the Final Map into-a CFD may not commence until the territory has been annexed into the City of Fresno. Planning and Development Department RE: REVISED CONDITIONS FOR VTT 5479 AND COMMUNITY FACILITIES DISTRICT March 1, 2006 Page 3 6. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me at 621-8695 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12425 The Fresno City Planning Commission, at its regular meeting on March 1, 2006, adopted the following resolution relating to Rezone Application No. R-05-040. WHEREAS, Rezone Application No. R-05-040 has been filed with the City of Fresno by Ingels-Braun & Associates on behalf of property owners Robert Dominguez, Margaret C. Dominguez, Rhonda Walk, and Harry& Dorothy Paul to rezone unincorporated property located within the City of Fresno's adopted Sphere of Influence, as described below: REQUESTED ZONING: R-1/UGM (Single Family Residential/Urban Growth Management Area) EXISTING ZONING: AL-20 (Limited Agricultural, 20-Acre Minimum Parcel Size, Fresno County zone district) LOCATION: The site is located on southeast of the corner of West Dakota and North Cornelia Avenues in the unincorporated portion of the City of Fresno's West Area Community Plan Area ASSESSOR'S PARCEL NUMBERS: APNs 311-091-08, 311-091-09, 311-390-30S, 311-390-31S, and 311-390-34S LEGAL DESCRIPTION: From AL-20 (Fresno County zoning) to R-1/UGM (City zoning): PARCEL A: APN 311-091-08 THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN,IN THE UNINCORPORATED AREA OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY. EXCEPTING THEREFROM THE EASTERLY 30 FEET THEREOF. and PARCEL B: APN 311-091-09 THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA, COUNTY OF FRESNO,STATE OF CALIFORNIA and Planning Commission Resolution No. 12425 Rezone Application No. R-05-040 March 1, 2006 Page 2 PARCEL C: APN 311-390-30S THE NORTH 170.00 FEET OF THE SOUTH 560.00 FEET OF THE WEST 620.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23,TOWNSHIP 13 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM ALL OIL, GAS AND MINERALS IN AND UNDER SAID LANDS AS RESERVED IN THE DEED FROM BANK OF AMERICAN NATIONAL TRUST AND SAVINGS ASSOCIATION, RECORDED JANUARY 2, 1935 IN BOOK 1393, PAGE 490 OF OFFICIAL RECORDS,AS DOCUMENT NO. 27. and PARCEL D: APN 311-390-31 S PARCEL 1,AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 3952 FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ON OCTOBER 26, 1978, IN BOOK 29 OF PARCEL MAPS, PAGE(S) 53. EXCEPTING THEREFROM ALL OIL, GAS AND MINERALS IN AND UNDER SAID LANDS AS RESERVED IN THE DEED FROM BANK OF AMERICAN NATIONAL TRUST AND SAVINGS ASSOCIATION, RECORDED JANUARY 2, 1935 IN BOOK 1393, PAGE 490 OF OFFICIAL RECORDS,AS DOCUMENT NO. 27. and PARCEL E: APN 311-390-34S PARCEL 4,AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 3952 FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA, ON OCTOBER 26, 1978, IN BOOK 29 OF PARCEL MAPS, PAGE(S) 53. EXCEPTING THEREFROM ALL OIL, GAS AND MINERALS IN AND UNDER SAID LANDS AS RESERVED IN THE DEED FROM BANK OF AMERICAN NATIONAL TRUST AND SAVINGS ASSOCIATION, RECORDED JANUARY 2, 1935 IN BOOK 1393, PAGE 490 OF OFFICIAL RECORDS,AS DOCUMENT NO. 27. and ANY RIGHT-OF-WAY DEDICATED OR SET ASIDE NORTH OF WEST SHIELDS AVENUE FOR THE WEST HALF OF NORTH MILBURN AVENUE RIGHT-OF-WAY APPURTENANT TO PARCEL A DESCRIBED HEREINABOVE, REFERRED TO AS A 30-FOOT WIDE EXCLUSION FROM THE EASTERLY SIDE OF SAID PARCEL A, WHICH WAS Planning Commission Resolution No. 12425 Rezone Application No. R-05-040 March 1, 2006 Page 3 RESERVED FOR ROAD PURPOSES IN THE DEED FROM J.L. MILBURN RECORDED FEBRUARY 11, 1957 AS DOCUMENT No. 13700 IN BOOK 3888, PAGE 305 OF OFFICIAL RECORDS OF FRESNO COUNTY. and ANY RIGHT-OF-WAY DEDICATED OR SET ASIDE SOUTH OF WEST DAKOTA AVENUE FOR THE WEST HALF OF NORTH MILBURN AVENUE RIGHT-OF-WAY APPURTENANT TO PARCEL E DESCRIBED HEREINABOVE, SHOWN ON THE ABOVE-REFERENCED PARCEL MAP No. 3952 AS BEING RESERVED FOR PUBLIC ROAD PURPOSES AND INCIDENTAL PURPOSES IN THE DEED FROM J.L. MILBURN RECORDED FEBRUARY 5, 1952 IN BOOK 3113, PAGE 188 OF OFFICIAL RECORDS OF FRESNO COUNTY. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed single family residential dwelling subdivision consistent with the 2025 Fresno General Plan and West Area Community Plan urban form and land use elements;and, WHEREAS, the Planning and Development Department conducted Environmental Assessment No. R-05-40/T-5479 for the rezone, and its associated Vesting Tentative Tract Map 5479/UGM applications, and published a proposed Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)for this Environmental Assessment, dated November 10,2005;with a list of mitigation measures applicable to development of this project;and WHEREAS, the West Area Citizens Advisory Committee considered Rezone Application No.-R-05-040 and the related application for Vesting Tentative Tract Map No. 5479/UGM at its meeting of September 19,2005,with the result being a 3-3 tie vote,and thus,a technical denial or no recommendation; and, WHEREAS, during the March 1,2006 hearing,the Fresno City Planning Commission received a staff report and related information, environmental documents and solicited testimony regarding the requested zoning change and its related subdivision application; and, WHEREAS,during the March 1,2006 hearing,owners of abutting properties asked questions and expressed concerns with this and other proposed subdivisions in the area,with regard to fencing, property boundaries, and traffic congestion; and WHEREAS, during the March 1, 2006 hearing, the Planning Commission reviewed the subject rezone application and its associated tentative tract map application in accordance with the policies of the 2025 Fresno General Plan and West Area Community Plan, Fresno Municipal Code, and recommendations to the Public Works Department Engineering Division Traffic Analysis Section; and WHEREAS,during the March 1,2006 hearing, members of the Commission expressed concems with the variety of public services proposed to be funded by existing and future versions of the City's Community Facilities District. 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 Planning Commission Resolution No. 12425 Rezone Application No. R-05-040 March 1, 2006 Page 4 Application No. R-05-040 may have a significant adverse effect on the environment,and concurs with the proposed Finding of Conformity, affirming this Finding for the tentative tract map and recommending that the City Council approve the Finding of Conformity for the rezone application. BE IT FURTHER RESOLVED that the Commission strongly advocates for a solution to area-wide traffic congestion and capacity issues through adoption of development fees, ordinances, and/or public works standards as may be necessary to address constrictions of major streets in the West Area so that these streets may be constructed with their planned four-lane configurations to better serve existing and future development. 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 designation 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, Torossian, Cherry, Holt, Kissler Noes - DiBuduo, Not Voting - None Absent - Vang DATED: March 1, 2006 1 P. YOVINO, Secretary Fr no City Planning Commission Resolution No. 12425 Rezone No. R-05-040 Filed by Ingels-Braun&Associates on behalf of property owners Robert Dominguez, Margaret C. Dominguez, Rhonda Walk, and Harry& Dorothy Paul. APNs 311-091-08, 311-091-09, 311-390-30S, 311-390-31S, and 311-390-34S Action: Recommend Approval FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12426 The Fresno City Planning Commission at its regular meeting on March 1, 2006, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS,Vesting Tentative Tract Map No. 5479/UGM was filed with the City of Fresno by Ingels- Braun & Associates on behalf of subdivider Lafferty Homes, Inc. and property owners Robert Dominguez, Margaret C. Dominguez, Rhonda Walk, and Harry& Dorothy Paul; and, WHEREAS,this application proposes to subdivide the subject property,consisting of 25.35± acres of property in the unincorporated portion of the City of Fresno's Sphere of Influence, comprised of five parcels located southeast of the intersection of North Cornelia and West Dakota Avenues and on the west side of the North Milburn Avenue alignment, into 122 single-family lots with one outlot, and to install related public service infrastructure; and, WHEREAS, the West Area Community Plan Advisory Committee reviewed this subdivision application and related Rezone Application No. R-05-040 on September 19, 2005, and the Committee vote of 3-3 on this project resulted in a technical denial or no recommendation; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the Planning Commission staff report dated March 1, 2006; and, WHEREAS,the Fresno City Planning Commission conducted a public hearing on March 1,2006,to review the proposed subdivision, considered the staff report, and invited testimony with respect to the proposed subdivision. WHEREAS,during the March 1,2006 hearing,owners of abutting properties asked questions and expressed concerns with this and other proposed subdivisions in the area,with regard to fencing, property boundaries, and traffic congestion; and WHEREAS, during the March 1, 2006 hearing, the Planning Commission reviewed the subject vesting tentative tract map application and its associated rezone application in accordance with the policies of the 2025 Fresno General Plan and West Area Community Plan, Fresno Municipal Code, and recommendations to the Public Works Department Engineering Division Traffic Analysis Section; and WHEREAS,during the March 1,2006 hearing, members of the Commission expressed concerns with the variety of public services proposed to be funded by existing and future versions of the City's Community Facilities District. 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. 5479/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 November 10, 2005, prepared for Environmental Assessment No. R-05-40/ T-5479. i Planning Commission Resolution No. 12426 Vesting Tentative Tract Map No. T-5479/UGM March 1, 2006 Page 2 BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map pursuant to Section 12-403-B-2 of the Fresno Municipal Code is consistent with the adopted 2025 Fresno General Plan and the West Area Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the R-1/UGM zoning requested by Rezone Application No. R-05-040 is required to be approved by the Council of the City of Fresno, as recommended by the Planning Commission,and that this zoning shall be in effect prior to the issuance of permits for development of this tract. BE IT FURTHER RESOLVED that the Commission strongly advocates for a solution to area-wide traffic congestion and capacity issues through adoption of development fees, ordinances, and/or public works standards as may be necessary to address constrictions of major streets in the West Area so that these streets may be constructed with their planned four-lane configurations to better serve existing and future development. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5363/UGM subject to the Planning and Development Department Conditions of Approval,dated March 1,2006,with the addition of a condition for enhancing fencing on the northerly boundary of the tract map as it may abut occupied rural residential parcels not proposed for further subdivision, leaving it to the discretion of the Planning and Development Director as to whether this enhanced fencing shall consist of masonry wall or double-sided reinforced wood fencing; and subject to City Council approval of the R-1/UGM (Single Family Residential/Urban Growth Management Area)for the subject property. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vasquez, seconded by Commissioner Torossian VOTING: Ayes - Vasquez, Torossian, Cherry, Holt, Kissler Noes - DiBuduo Not Voting - None Absent - Vang DATED: March 1, 2006 IC P. YOVINO, Secretary Fres City Planning Commission Resolution No. 12426 Rezone No. R-05-040 Filed by Ingels-Braun&Associates on behalf of subdivider Lafferty Homes, Inc. and property owners Robert Dominguez, Margaret C. Dominguez, Rhonda Walk, and Harry& Dorothy Paul. APNs 311-091-08, 311-091-09, 311-390-30S, 311-390-31 S, and 311-390-34S Action: Approve with conditions Street Name Review TM-5479 9-8-05 Street Name Status Required Change West Fedora Avenue Chane West Garland Avenue West Dayton Avenue Chane West Fedora Avenue Street"D" Chan a West Da on Avenue West Cortland Avenue Chane West Fender Avenue Street"F" Chane West Cortland Avenue West Andrews Avenue Good West Shields Avenue Good North Cornelia Avenue Good Street"C" Chane North Lodi Avenue Milburn Avenue Chane North Milburn Avenue City of PUBLIC WORKS DEPARTMENT DATE: October 6, 2005 TO: SANDY BROCK, Planner III Planning and Development Department FROM: JOE PAFF, Senior Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5479 AND COMMUNITY FACILITIES DISTRICT NO. 11 1. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. If approved by Council,the following features may be maintained by a Community Facilities District. ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street easements (including half of medians) and the landscape easements along the property lines that side or back-onto N. Cornelia Avenue- ■ Maintenance of Sidewalks as approved by the Public Works Department within the street easements and the landscape easements along the property lines border N. Cornelia atm Mitt Avenues: ■ Maintenance of all interior Local Street Pavement, Curbs, Gutters, Sidewalks, Medians, Hydrants, Inlets and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of one half of Milburn Avenue (to centerline) Street Pavement, Curbs, Gutters, Sidewalks, Medians, Hydrants, Inlets and Street Furniture as approved by the Public Works Department and bordering the tentative map. ■ Maintenance and operating costs of all Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance and operating costs of police, fire,traffic control and recreation services as established by the Council of the City of Fresno. 2. Proceedings to place the Final Map into a CFD may not commence until the territory has been annexed into the City of Fresno. 3. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. This shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. c:PW File No. 10770 File:\word\cfdZttmapreview\tt5479 conditions 4. Should the Council or owner/developer choose not to include the maintenance of the items listed in section 1 above in a CFD, the property owner/developer shall provide for the maintenance of all of the above items by the property owners. 5. District costs to be paid at time of final map approval. • $4,000.00 cost to place map into District. • Deposit of 1 year's maintenance costs Any change affecting the Items in these conditions requires revision of this letter of conditions. If you have any questions, please call me at 621-8695 COU� County of Fresno DEPARTMENT OF PUBLIC WORKS AND PLANNING 1856 ALAN WEAVER, DIRECTOR L DEC 0 q 210 r ; In December 6, 2005 ; Sandra Brock, Planner III City of Fresno 2600 M Street Fresno, CA 93721 Dear Ms. Brock, Subject: Tract No. T-5479 at Milburn and Dakota Below are staff comments on the revised Tract Map. 1. The TIS is being reviewed for adequacy to determine if there are any significant impacts at any intersections or road segments within the County's jurisdiction. Please expect comments from that review within five working days. 2. The annexation of the project site shall include the full Street adjacent to the annexation to avoid the creation of half street (City/County)jurisdiction. 3. Fresno County will need to review and approve the "Grading and Drainage Plan" to ensure that properties east of the project are not adversely impacted by the increase in storm water runoff or alteration to the existing drainage patterns. 4. Street Improvement Plans of all new and/or reconstructed roads within or adjacent to the County's right-of-way or adjacent to properties under the County's jurisdiction should be reviewed and approved by the County. 5. The Fresno County General Plan, policy statement no. PF-1-2 states "The County shall encourage school facility siting that establishes schools as focal points within the neighborhood and community in areas with safe pedestrian and bicycle access." In accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), chapter 7A, a school route plan should be ROAD MAINTENANCE&OPERATIONS DIVISION 2220 Tulare Street,Sixth Floor/Fresno,California 93721/Phone(559)262-4240/FAX(559)262-4166 Equal Employment Opportunity•Affirmative Action•Disabled Employer City of Fresno December 6, 2005 Page 2 prepared in order to develop uniformity in the use of school area traffic controls and to serve as the basis for school traffic control plan for the school. As stated in the MUTCD, "The school route plan, developed in a systematic manner by the school, law enforcement, and traffic officials responsible for school pedestrian safety, should consist of a map showing streets, the school, existing traffic controls, established school walk routes, and established school crossing." A meeting with the applicant can be scheduled with this Department to resolve any outstanding issues of the traffic study and school route plan. Sincerely, Frank L. Daniele, Interim Manager Maintenance and Operations Division Robert L. Thompson Assistant Division Manager RLT:bl CENTRAL UNIFIED SCHOOL DISTRICT �� �� � d _ 4605 NORTH POLh AVE - FRESNO,CA 93722-5334 (559)276-5206•mryder@centralusd.k12.ca.us N DISTRICT SUPERINTENDENT D75`� Marilou Ryder,Ed.D. TRUSTEES: Cindy Berube Terry Cox October 20, 2005 O C T 2 t 2005 Judith Geringer Theresa Hagans Diana Milla City of Fresno P'an"ii,jC LD:Vig 011-i Phil Rusconi -i y a fms i`ti Mike Yada Planning Department 2600 Fresno Street Fresno, CA 93721 Attn: Sandra Brock Subject: File No.: TT 5479 Central Unified School District has the following conditions/comments for the above project(s): Condition of approval: 1. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620. 2. Install concrete sidewalks/curbs/gutters on both sides of the interior streets for the proposed project in a manner consistent with the existing subdivisions in the area and to City standards. Comments: The proposed project will add approximately 71 K-12 grade students to the District's average daily attendance. Number of lots / units = 124 Grade Level: # of Students Generated K-6 grade students 45 7-8 grade students 12 9-12 grade students 15 TOTAL K-12 grade 71 JIM YOVINO JOHN MULLIGAN SARAH KOLIGIAN Assistant Superintendent,Personnel Chief Financial Officer Assistant Superintendent,Instruction (559)276-5224 (559)276-5200 (559)276-3115 FAX(559)276-2983 FAX(559)276-0394 FAX(559)276-3102 The District will be able to accommodate these new students at the schools of attendance indicated below. To offset the cost to house these students, the District currently levies development fees of $2.24 per square foot for residential development and $0.36 per square foot for commercial / industrial development. As a point of information, development fees are subject to increase every two years by the State Allocation Board. Any new development on the property will be subject to the development fees in place at the time development fee certificates are obtained. Sidewalks along interior neighborhood streets and major exterior streets provide the necessary identifiable boundary between students and traffic, and provide a safe place for students walking to and from existing school sites and bus stops. Bus transportation is currently provided for: • K-8th grade students residing at least one mile or more from their school of attendance; • 9th-12th grade students residing at least two miles or more from their school of attendance. At this time, however, art identifiable safe walking route does not exist to one or more schools of attendance and until such time that a safe walking route is established, bus transportation will be provided to those students. The following school of attendance information is provided: • Elementary School Information: School Name: Steinbeck Address: 3550 N. Milburn Ave • Middle School Information: School Name: EI Capitan Address: 4443 W. Weldon Ave • High School Information: (a) School Name: Central High School — East Campus Address: 3535 N. Cornelia Ave (b) Currently, Central High School - West Campus is a mandatory attendance 91h grade school with optional programs for grades 10th -121h The California Department of Education has current API scores - see: http:/hwww.cde.ca.gov/ta/ac/ao/index.asn (however this site does not have current District enrollment data - see: http://www.ed-data.kl2.ca.us/.) The District appreciates the opportunity to comment on above project. Should you have questions or need additional information, please contact me at 559-276-5203 or ddeel(ab_centralusd.kl 2.ca.us. Sincerely, David Deel Facilities Planning Manager City of rnc-W: 0`_ PLANNING AND DEVELOPMENT DEPARTMENT October 6, 2005 To: Sandra Brock Planner III From: Karana Hattersley-Drayton 1 Historic Preservation Project Manager Re: Historic Property Survey for Tentative Subdivision Map of Tract 5479 Thank you for the opportunity to review the Historic Property Survey Report for the Tentative Subdivision Map Tract 5479. The proposed 25.35 acre project is located north of Shields Avenue between North Cornelia Avenue and North Milburn Avenue.The parcel includes several post 1960 buildings and one circa 1950 ranch style home located at 3300 North Cornelia Avenue that is slated for removal. Jon Brady was hired by the engineering firm of Ingels-Braun and Associates to prepare a Historic Property Survey for the project. Mr. Brady evaluated the extant resources for their eligibility to the California Register of Historical Resources and concluded that the one historic- era property was not eligible for inclusion and is therefore not a historic resource for the purposes of the California Environmental Quality Act(CEQA). I concurwith Mr. Brady's findings. The area has also been heavily farmed over the past century and is not within a sensitive area for Native American cultural resources. Thus, barring any unforseen issues, a cultural survey is not required. Please do not hesitate to call me should you require additional information or a copy of the Historic Property Survey. San Joaquin Valley Air Pollution Control District IR EE /'U September 15, 2005 Reference No.: C200501131 SEP 16 200 Sandra Brock Planning Division Planning C,iv:s:u, Development Dept. Development U . <jrtr,3c�i"+1 2600 Fresno St., Third Floor CITY OF F''`' ". Fresno, CA 93721-3604 Subject: T-5479, R-05-40 (APN 311-390-30, 31, 34 & 311-IJ91-08, 09) Dear Ms. Brock: The San Joaquin Valley Unified Air Pollution Control District(District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and fine particulate matter (PM10 and PM2.5). This project would contribute to the overall decline in air quality due to increased traffic and ongoing operational emissions. Although this project alone would not generate significant air emissions, the increase in emissions from this project, and others.like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below: Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Rules. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, Incluulk:ng construction, road construction, bulk materials storage, landfill operations, etc. If a residential project is 10.0 or more acres in area or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials on at least three days, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. A template of the District's Dust Control Plan is available at: http://www.valleyair.org/busind/comply/PM10/forms/DCP-Form%20-%2010-14-2004.pdf. Also, the District's compliance assistance bulletin for construction sites can be found at: http://www.valleyair.org/busind/comply/PM10/Req%20VI I I%20CAB.pdf. Rule 4002 (National Emission Standards for Hazardous Air Pollutants). In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact Mr. Brian Dodds of this office at (559) 230- 5962, or contact CAL-OSHA at (559) 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. Ms.Brock September 15,2005 T-5479, R-05-40 Page 2 Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) regulates the use of open burning and specifies the types of materials which may be open burned. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes (e.g., commercial, industrial, institutional, or residential uses). Section 5.1 of this rule prohibits the burning of trees and other vegetative (non agricultural) material whenever the land is being developed for non-agricultural purposes. In the event that the project applicant burned or burns any material listed above, it would violate Rule 4103 and be subject to District enforcement action. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential'development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1, 2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two(2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three(3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website-www.valleyair.org. For compliance assistance, please contact Mr.Wayne Clarke, Air Quality Compliance Manager, at 230-5968. Rule 4902 (Residential Water Heaters) limits emission of NOx from residential developments. The District encourages innovation in measures to reduce air quality impacts. There are a number of features that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The suggestions listed below should not be considered all-inclusive and remain options that land-use authority should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Structural soil should be used under paved areas to improve tree growth. - For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/. - For Tree Selection see http://www.ufei.org/. - For Urban Forestry see http://www.lgc.org/bookstore/energy/downloads/siv tree quidelines.odf, http://www.coolcommunities.org and http://wcufre.ucdavis.edu • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Direct pedestrian access to the main entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Such access should Ms.Brock September 15,2005 T-5479,R-05-40 Page 3 consist of paved walkways or ramps and should be physically separated from parking areas and vehicle access routes. • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths and be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe and environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles). Mid-block paths should be installed to facilitate pedestrian movement through long blocks (over 500' in length) and cul-de-sacs. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.). Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. • 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). For more information see http://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.aqmd.gov/i)rdas/brochures/paintguide.html - High-albedo (reflecting) roofing material. For more information see http://eetd.Ibl._qov/coolroof/ - Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. For more information see http://eande.ibl.gov/heatisland/http://www.harc.edu/harc/Projects/Cool Houston/ - Radiant heat barrier. Please see http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.htmI - Energy efficient lighting, appliances, heating and cooling systems. For further information see http://www.energystar.gov/ - 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 water- heating systems, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at http://www.dsireusa.org , http://rredc.nref.clov/and http://www.energy.ca.gov/renewables/ - 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 passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildin-gs.org - 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 - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - 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.) - 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) - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site - More information can be found at http://www.ciwmb.ca.gov/GreenBuilding/, http://www.lgc.org, http://www.sustainable.doe.gov/and http://www.consumerenergvicenter.org/index.html • The applicant/tenant(s) should implement measures to reduce the amount of single occupancy vehicle employee traffic to and from the project area that further reduce air pollution in the valley. This could include such provisions as encouraging employees to rideshare or carpool to the project site through preferential parking spaces for employees who participate in carpooling or vanpooling, incorporating a compressed workweek schedule, guaranteed ride home, carpool matching programs, shower/changing Ms.Brock September 15,2005 T-5479,R-05-40 Page 4 facilities, providing free transit passes, providing an alternative-transit information center, and having a dedicated employee transportation coordinator. Check out the "Spare the Air' section of our website www.valleyair.org • The applicant should implement measures to reduce the amount of vehicle traffic to and from the residential area(s) that further reduce air pollution iri 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.valleyair.org • Construction activity mitigation measures include: - Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - Limit area subject to excavation, grading, and other construction activity at any one time - Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) - Require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. The applicant should install equipment that provides amenities that would otherwise be powered by idling engines. An example of such technology includes IdleAire. See http://www.idleaire.com/. - 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. - Off road trucks should be equipped with on-road engines when possible. - Light Duty Cars and Trucks should be alternative fueled or hybrids. - Minimize obstruction of traffic on adjacent roadways. - Diesel equipment should use verified alternative diesel fuel blends or Ultra Low Sulfur Diesel (ULSD). The California Air Resources Board (CARE) has verified specific alternative diesel fuel blends for NOx and PM emission reduction. Only fuels that have been certified by CARB should be used. For more information on alternative diesel blends, please call Mr. Chris Acree, Senior Air Quality Specialist, at (559) 230-5829. Information on biodiesel can also be found on CARB's website at http://www.arb.ca.gov/fuels/diesel/altdiesel/altdiesel.htm and the EPA's website http://www.epa.gov/oms/models/biodsl.htm - Construction equipment should have engines that meet the current off-road engine emission standard (as certified by the CARB), or be re-powered with an engine that meets this standard. Tier I and Tier II engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the CARR, see their website at http://www.arb.ca.gov/msprog/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at (559)230-5831. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at (559) 230-5820 and provide the reference number at the top of this letter. Sincerely, essica R.Willis Air Quality Specialist Central Region c:file Page 2 of 2 THE INITIAL STUDY EVALUATING THE PROJECT SHOULD RESULT IN: ❑ AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. t--�A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environmental Impact Report. ❑ NEITHER OF THE ABOVE, THERE IS INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The following additional information should be provided: REVIEWED BY: H&,,,,t f.NBRAA s4KvaNe AA OMA 417y Jt~oy,6A �� w Ago•Cow (Print Name, Title) (S gna re) (Phone) ❑ Check if you need a copy of the initial study Use this space for additional information if needed. -- .---:PROJ/2 E.A. Request for Comment/information REOCOMM.FORM San .Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 2004. This is a basic summary of the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20% means dust that would obstruct'an observer's view of an object by 20%. District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. Soil Stabilization is required at regulated construction sites after normal wonting hours and on weekends and holidays. This -requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover. Carryout and .Trackout occur when materials from emptied or loaded vehicles falls onto a paved surface or shoulder of a public road or when materials adhere to vehicle tires and are deposited onto a paved surface or shoulder of a public road. Should either occur, the material must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods require the complete removal and cleanup of mud and dirt from the paved surface and shoulder. Using a blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a violation. Larger construction sites must prevent carryout and trackout from occurring by installing gravel pads, grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from the site. Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet. Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing wind barriers to limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700"M" Street, Suite 275 Modesto, CA 95356-9321 Fresno,CA 93726-0244 Bakersfield, CA 93301-2373 (209)557-6400 ♦ FAX(209) 557-6475 (559)230-6000 ♦ FAX(559)230-6062 (661)326-6900 ♦ FAX(661)326-6985 with applying water to the top of the load, and covering the cargo compartments are effective measures for reducing VDE and carryout from vehicles transporting bulk materials. Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces where materials may fall. Consider all structures slated for demolition as possibly being regulated because of asbestos, per District Rule 4002 - National Emission Standards for Hazardous Air Pollutants. Contact the District well before starting because a 10 working day notice will likely be required before a demolition can begin. Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented before, during, and after any dust generating activity for the duration of the project. Owners or operators are . required to submit plans to the District if, at anytime, the project involves: • Residential developments of ten or more acres of disturbed surface area. • Non-residential developments of five or more acres of disturbed surface area. • Relocating more than 2,500 cubic yards per day of materials on at least three days. Construction activities may not commence until the District has approved the Dust Control Plan. Notification by owners or operators of construction projects that are at least one acre in size and where a Dust Control Plan is not required, must provide written notification to the District at least 48 hours in.advance of any earthmoving activity. Record Keeping is required to document compliance with therules and must be kept for each day'any dust control measure is used. The District has developed record forms for water application, street sweeping, and "permanent" controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Records must be kept for one year after the end of dust generating activities.(Title .V sources must keep records for five years). Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from'`all` Regulation VIII requirements and Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities exempts the following construction and earthmoving activities: - • Blasting activities permitted by California Division of Industrial Safety. • Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the existing building or less than 10,000 square feet (due to asbestos concerns, contact the District at;least two weeks ahead of time). • Additions to single family dwellings. • The disking of weeds and vegetation for fire.prevention on sites smaller than 'h acre. • Spreading of daily landfill cover to preserve public health and safety and to comply with California Integrated Waste Management Board requirements. Nuisances are prohibited at all times because District Rule 4102 — Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is important to monitor dust- generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive dust. For more information please contact the Compliance Division of the District office nearest to you. Information on Regulation VIII, where you may obtain copies of record keeping forms, the Dust Control Plan template, and the Construction Notification form, is available on the District's website at: www.valleyair.org a) z ° a >' cc O L V V o ccs R o � CL Q� fl. 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The Department of Public Works offers the following comments regarding the Street Tree, Buffer/Parkway and Median Island Landscape conditions. GENERAL REQUIREMENTS STREET TREES REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and the dedication planting and buffer landscaping easements. A fifteen(15)foot landscape easement is required along North Cornelia Avenue. Street trees shall be planted at the minimum rate of one tree for each 60'of street frontage. Tree planting shall be within a 10'Planting and Public Utility Easement. Street trees shall be planted by the Developer. The subdivider is required to provide automatic irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME North Cornelia Avenue Fraxinus americana `Autumn Applause'-Ash 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting,the developer shall plant one tree for each 60'of street frontage, or one tree per lot having street frontage, whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno,Department of Public Works "Standard Specifications." c. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities,paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/engineering Services Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags,signs or identification of any kind shall be permitted in the right-of-way,within the City-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall be required to submit plans showing the location and configuration of all median islands fronting the proposed project for review and evaluation for median island landscaping requirements. Existing utilities, including,but not limited to city water lines/service points, sanitary sewer, storm drains, electrical lines,existing landscaping including trees,shrubs,ground cover beds,irrigation facilities,and other miscellaneous landscape features shall also be clearly defined. If a new median is required by the Traffic Division, the median island landscaping shall be applied as per FMC section 12-306-24. The Public Works Department requires 2 foot wide colored concrete strips on all proposed median islands with a 12 inch by 12 inch slate pattern in brick red. 0UTL0TS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the CFD2. If the outlots are to be included into the CFD2, the Department of Public Works will require approving landscape and irrigation plans prior to inclusion into the CFD2. BIKE PATH 1. All proposed Multipurpose Paths shall be constructed in accordance with City requirements and standards. Cross-sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review and approval. Fresno City of pair 2000 Department of Public Utilities Solid Waste Division 1325 E. EI Dorado • Fresno, California 93706-2014 (559)498-1452 October 4, 2005 TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Z44:11 Department of Public Utilities, Solid Waste Division ' FROM: Donna Leslie, Staff Assistant Department of Public Utilities, Solid Waste Division SUBJECT: TT 5479 - Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5479 which was submitted by Ingels-Braun & Associates. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5479 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. Special Conditions: • There shall be no parking allowed along North Milburn Avenue. Solid Waste requires 18' of clearance in the path the vehicle travels. JAConditions of Approval—T75479 City of ov LIM�C-+I\Iwi, rllrn=-0;v g A Fire Department 450 M Street D, Randy R. Bruegman Fresno, California 93721-3083 �`` Fire Chief 559-621-4000 FAX#559-498-4261 �`r�f SERVICE'�e� www.fresno.gov Date 9-6-05 TO: Sandra Brock, Planner III Development^ujpartment, Planning Division FROM: Mike Schmidt, Supervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No.5479 The Fire Department has completed a review of the Vesting Tentative Tract Map 5479, which was submitted by Ingels, Braun and Assoc. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 2 miles of Fire Station No.16 (Temp. and Perm.). This project is subject to UGM Fire service fees for Fire station No.16. Provide residential hydrants and fire flows per Public works standards with two sources of water. Access is acceptable as shown provided that "Milburn Ave." is a full width street all the way to Shields. Note: Phasing of tract will require re-review for access requirements. �p6 Dr P.-F t,�e cps 36P ' P,g-v ,AcQ-F / ree-L- LPrtst W l 9 TN W 4+cv PA72 k! r-� 6 IS -L-L. w�� (RE: fiA \-) r-.-r,\ l3 eTw- -rrzA GT 64 5 H LeC-[)S) City of DATE: October 26, 2005 TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5479, Public Works Conditions of Approval (Cornelia between Shields and Dakota ) The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Plans shall conform to both City and County Specifications. Frontage Improvement Requirements: Major Streets: Cornelia Avenue: Collector 1. Dedicate 47' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. Page 1 of 4 C:\Louise\TRACT MAPS\T-5479 CORNELIA BETWEEN DAKOTA AND SHIELDS.doc 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 5. Relinquish direct vehicular access rights to Cornelia Avenue from all lots within this subdivision. Local Street: Milburn Avenue: 1. Dedicate and construct full offsite improvements on the west side and dedicate and construct a 12' travel lane with a 4' drainage swale on the east side. No parking is allowed until the complete street is constructed. Provide cross section on map. Interior Streets: Dedicate, design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 50' and 54' 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 93 a.m./124 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is required and has been submitted. Comply with the mitigation measure requirements of the Traffic Engineering Manager (not attached). Letter to be submitted to the Planning Department upon receiving payment for TIS review fees. 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. Provide mini circles to provide traffic calming at the intersection of Milburn and Cortland and at Milburn and Fedora. See Exhibit "E". No parking will be allowed adjacent to the mini circles. 4. Dedicate and construct full offsite improvements on the north side of Fedora and dedicate and construct to the curb on the south side. (20'-22' dedication on the south side) Provide cross section on map. 5. Existing map does not match APN sheets. Verify property lines with Planning and Development. 6. Milburn: Dedicate and construct 22' of permanent paving from the southerly limits of this subdivision south to Shields Avenue. 7. Dedicate 62' of property and provide medians at the following entrances: (7' residential pattern - 20' travel lane-8' median - 20' travel lane-7' residential pattern) Provide cross section on map. a. Cornelia Avenue at Garland b. Cornelia Avenue at Fedora UGM Requirements: This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. Cornelia Avenue: Collector 1. Dedicate and construct (2) 17' center section travel lanes with 250' left turn lanes, at all major intersections within the limits of this subdivision. An additional 6' of paving shall be required Page 2 of 4 C:\Louise\TRACT MAPS\T-5479 CORNELIA BETWEEN DAKOTA AND SHIELDS.doc adjacent to the 250' left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Traffic Signal Mitigation Impact Fee: This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is $414.69 per single family unit, (fee rate as shown in the Master Fee Schedule). Page 3 of 4 C:\Louise\TRACT MAPS\T-5479 CORNELIA BETWEEN DAKOTA AND SHIELDS.doc CITY OF FRESNO PUBLIC WORKS DEPARTMENT GAD PLAN CHECK GUIDE & REQUIREMENTS LIST ❑ RECORD PLAN INFORMATION IN PLAN CHECK LOG ❑ LANE CONFIGURATIONS MATCH CONDITIONS OF APPROVAL ❑TURN POCKET LENGTHS ARE CALLED OUT AND CORRESPOND TO QUEUE LENGTHS IN TRAFFIC IMPACT STUDY ❑ EXISTING AND PROPOSED CURBS AND MEDIAN ISLANDS ARE CLEARLY SHOWN ❑ PERTINENT FEATURES SUCH AS EXISTING PARCELS, RAILROADS, FID CANALS ❑ CONFORMS TO EXISTING CONDITIONS AT PROJECT LIMITS ❑ EXISTING LANE WIDTHS ARE CALLED OUT AT CONFORM AREAS ❑ GAD SHOWS PROPOSED WIDTH OF STREET RNV, CURB-TO-CURB DISTANCE, ALL TRAFFIC LANES, BIKE LANES, PARKING LANES AND MEDIAN ISLANDS ❑ GAD CALLS OUT TRANSITION LENGTHS AND TAPERS EXPRESSED AS TRANSITION LENGTH PER OFFSET WIDTH (I.E. 50:1 TAPER WOULD BE A 600'TRANSITION FOR A 12'OFFSET) ❑ ALL CURVE DATA IS CALLED OUT. WHERE CURVES ARE CONCENTRIC, ONLY THE C/L OR CURB LINE NEEDS TO BE CALLED OUT. ❑ THE C/L IS MATHEMATICALLY DEFINED WITH HORIZONTAL CONTROL IN CASES WHERE THE C/L DOES NOT FOLLOW THE SECTION LINE ❑ BEARINGS AND DISTANCES ARE PROVIDED WHERE THE C/L OF CONSTRUCTION (NEW C/L OR SECTION LINE) IS NOT PARALLEL TO THE PROPOSED R/W, OR WHERE THE TWO SIDES OF A DIVIDED ROADWAY ARE NOT PARALLEL. ❑ SHOW TRUCK TURNING TEMPLATES FOR ALL DUAL LEFT OR DUAL RIGHT TURNS AND ROUNDABOUTS ❑ CROSSWALK LAYOUTS MEET CITY STANDARDS (4' FROM FACE OF CURB AT RAMP, i0'WIDE, NO DOGLEGS, MEDIAN NOSES CLEAR OF CROSSWALK) ❑ PLANS INCLUDE PROJECT REFERENCE INFORMATION (Site Plan No., C.U.P. No., Rezone No., Parcel Map No. or C.I.P. No. (PW ID, Fund, Org, KRA), NORTH ARROW, SCALE, TITLE BLOCK, OWNER'S NAME, ENGINEER PREPARED BY) ❑ FOR PROJECTS INCLUDING SIGNIFICANT VERTICAL GRADE CHANGES INCORPORATING MULTIPLE GRADE BREAKS OR VERTICAL CURVES, THE GAD SHOULD INCLUDE A PROPOSED MAJOR STREET C/L PROFILE (NOT NECESSARY FOR TYPICAL ROUTINE PROJECTS) Page 4 of 4 C:\Louise\TRACT MAPS\T-5479 CORNELIA BETWEEN DAKOTA AND SHIELDS.doc 1 ' f V' N N l Fresno moo wp" City of z000 rnc-. W VJLV City Hail 559-621-8800 Public Works Department 2600 Fresno Street, Rm.4064 David Healey, Director Fresno,CA 93721-3623 www.fresno.aov November 1,2005 Peters Engineering Group John Rowland, P.E. 55 Shaw Avenue, Suite 220 Clovis, CA 93612 SUBJECT: TRAFFIC IMPACT STUDY (TIS) REVIEW FOR THE PROPOSED SUBDIVISION T5479 This project proposes to construct 124 single family residential units located on the northeast corner of Shields and Cornelia Avenue. Based on the ITE Trip Generation manual it is estimated that this project will generate 1,268 weekday trips, 96 am and 130 pm peak hour trips. The Traffic Engineering Section has reviewed the traffic impact study dated July 21, 2005, received September 6, 2005 and has the following comments: As a mitigation measure, this project shall: 1. As a condition of the tentative tract map, the Owner/Developer shall construct additional paving along Milburn Avenue from the limits of the tract to Shields Avenue to accommodate for two 12' travel lanes. Provide transition paving at the intersection of Shields at Milburn Avenue as necessary. 2. This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is 124 single family units x$414.69 (fee rate as shown in the Master Fee Schedule) _ $51,422. Based on the conclusions and recommendations presented by TPG Consulting for this proposed project, the traffic impact study is generally accepted by the City of Fresno. If you have any questions, please do not hesitate on contacting David Padilla at David.Padilia@fresno.gov or at 621-8798. Sincerely, Scott Mozier, P.E., Traffic Engineering Manager Public Works Department, Engineering Services C: Traffic Planning Reading File Sandra Brock,City of Fresno Q:\Traffic Impact Studies\T5479 nec Shields at Comeilia Peters Eng-Review.doc co County of Fresno i DEPARTMENT OF PUBLIC WORKS AND PLANNING Alan Weaver, Director December 30, 2005 Sandra Brock, Planner III City of Fresno 2600 M Street Fresno, CA 93721 Dear Ms. Brock, Subject: Tract No. T-5479 at Milburn and Dakota Below are staff comments on the revised Tract Map. 1. The applicant should construct an all weather walkway for school students between the project site and all schools for which bussing is not provided. The Fresno County General Plan, policy statement no. PF-1.2 states"The County shall encourage school facility siting that establishes schools as focal points within the neighborhood and community in areas with safe pedestrian and bicycle access." In lieu of this statement, this project may be a significant Impact by not addressing safety hazards to school children. In accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), chapter 7A, a school route plan should be prepared in order to develop uniformity In the use of school area traffic controls and to serve as the basis for a school traffic control plan for the school. As stated in the MUTCD, "The school route plan, developed in a systematic manner by the school, law enforcement, and traffic officials responsible for school pedestrian safety, should consist of a map showing streets, the school, existing traffic controls, established school walk routes, and established school crossing." There is a 30 foot wide easement reserved for public road purposes along Milburn Avenue alignment from Dakota south to the project boundary. Staff is checking on the status of this reservation with the intent that it may be accepted by the city as a city street as provided in Streets and Highways Code Section 1810. As noted above, Improvements within this strip should include an all-weather paved surface suitable for non-motorized school traffic between the elementary school and the project site.This pathway and the streets proposed within the proposed tract shall be improved sufficiently to serve travel by existing student populations south of the project site that feed into Milburn north of Shields. 2. This project may significantly impact intersections and roads segments within County jurisdiction. The initial Traffic Impact Study (TIS)should be supplemented, including a focus on operational needs upon development of the project with MAINTENANCE AND OPERATIONS DIVISION 2220 Tulare Sheat,Eighth Floor/Fresno,California 93721/Phone(559)262-4240/FAX(559)262-4166 ':\ Equal Employment Opportunity•Affirmative Action•Disabled Employer Sandra Brock December 30, 2005 Page Two intersection control adequacy studies at the intersections of Cornelia with Dakota and Shields and at Dakota and Milburn for school students. The analysis for the above should recommend whether mitigation is required while the areas are within the County's jurisdiction. This study should include left turn warrant studies and sight distance analyses on major streets Cornelia and Shields and proposed access points to the project site. (The traffic engineering consultant should submit a project trip distribution depiction for all modes of travel as guidance in determining scope of the TIS.) 3. Annexation for this project should include the entire Cornelia right of way along the project frontage and 300 feet north and south of this frontage. 4. Milburn from Shields north to the project boundary shall be reconstructed to a minimum width of 32 feet in accordance with Fresno County Standards and acceptable to the Director of Public Works. 5. Adequate road right-of-way should be acquired to provide for development of all required road improvements. This would include providing for 10' minimum clearance between edge of pavement and right of way line, which purpose addresses driveway sight distance and geometric needs for driveway ingress and egress for large vehicles. 6. A design speed of 45 mph should be used for all ultimate facilities within or adjacent to County road right-of-way. A design speed of 55 or 65 mph should be used for temporary transitions for rural roads approaching the project site. Adequate right of way should be provided for a clear line of sight within right of way for intersection sight distance at intersections and driveways based on the critical speed. 7. Fresno County will need to review and approve the "Grading and Drainage Plan"to ensure that properties east of the project are not adversely impacted by the Increase in storm water runoff or alteration to the existing drainage patterns. 8. Road Improvement Plans of all new and/or reconstructed roads within or adjacent to the County's road right-of-way should be submitted for review and approval by the County. Sincerely, Frank L. Daniele, Interim Manager Maintenance & Operations Division Robert L. Thompson Assistant Division Manager MAINTENANCE AND OPERATIONS DIVISION 2220 Tulare 5lreet,Eighth Floor!Fresno,California 93721/Phone(559)262-4240!FAX(559)262-4166 Equal Employment Opportunity•Affirmative Action•Disabled Employer . < t fit.:..?..' . w fi,....:. .2 - f ti i 1<' .}'a �t 2`.,ryi3 ?,: }{ L . k; 11 sum Nis 1M Ill .<. Jj•}: aygj}•:' v ) sum=" ill E t j ah will.. : C sA Mill1.r 1 TOM Lf OW } iLL�iLLL Y M�i s t a, , h_ �A�Sv:j t 't :f:^• .. . imams Y il Fn %.,s.t. 4i t t t > •?Ti - vr , n: •;qe�t.fox,,, t - i :- •Y t t t?k A SAC \cn 3Ht7:' \ m Cl) f - - , - m � G � f � �§ A ƒ f a ■ § k �Q � � � � v t » ��v �§ �k v � a ■ $ � @ ■k ¥ - | � da w Cd . d J$ d § (919 § � .� . fd 2 » - § / �� � . 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SEP 09 2005 September 7, 2005 Planning Division Development Department C!T Y OF FRESNO 213 1-IGR/CEQA 6-FRE-99-26.2+/- R-05-40 & T-5479 LAFFERTY HOMES TIS Ms. Sandra Brock City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Brock: We have reviewed the Traffic Impact Study(TIS) for the 124-lot single-family residential subdivision located on the eastern side of Cornelia Avenue between Shields and Dakota Avenues. Caltrans has the following comments: Caltrans concurs with the trip distribution/trip generation from the project's TIS. Table 2 (Page 3) of the TIS indicates that 51 trips from this site would impact the State Route (SR) 99 interchanges at Ashlan and Shields Avenues during the evening peak travel period. Using the cost-per-trip for improvements that was previously calculated for other developments, we calculate the following fair share: Ashlan Interchange Eastbound through on Ashlan 7 trips * $1,354/trip= $9,478 Therefore, this development's proportional fair share to mitigate for cumulatively significant impacts to the SR 99 interchange at Ashlan Avenue is $9,478. When combined with other development in the area, this project's impacts to the transportation/ circulation system and to air quality will be cumulatively significant. Cumulative impacts to these resources were not fully addressed in the General Plan Update Master EIR, but postponed to future studies. The City should consider amechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project. There is sufficient development in this area of Fresno to support transit, and early planning.could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their "Caltrans improves mobility across California" Ms. Sandra Brock September 7, 2005 Page 2 review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. If you have any questions,please call me at (559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Mr. John Rowland, P.E. Peters Engineering Group Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project,will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. City of DEPARTMENT OF PUBLIC UTILITIES Date: September 13, 2005 To: SANDRA BROCK, Planner III Planning and Development Department, Advance Planning From: DOUG HECKER, Supervising Engineering Technician Q\ Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT 5479/UGM and R-05-40 General T-5479/UGM and R-05-40 propose a 124-lot single-family residential subdivision, rezoning from the AL-20 (county)to R-1/UGM zone district on 25.6 acres located on the east side of North Cornelia Avenue between West Shields and West Dakota Avenues. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer mains to serve the proposed project are a 45-inch main located in North Cornelia Avenue and a 15-inch main in West Shields Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. Construct an 8-inch sanitary sewer main in North Milburn Avenue from West Shields Avenue north across the project frontage. 2. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 3. Separate sewer house branches shall be provided for each lot created. 4. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 5. Abandon all existing on-site private sanitary sewer systems. 6. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. Sanitary Sewer UGM This project is located in the following Urban Growth Management Service Areas: 1. Sewer Oversize Reimbursement S.A.: #22 Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Trunk Sewer Charge: Cornelia 4. Wastewater Facilities Charge (Residential Only) Water Requirements Refer to the attached City of Fresno Water Division memo, dated September 12, 2005, for water requirements for Tentative Tract 5479. City of WATER DW.SrON Date: September 12, 2005 To: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician 10ft— Department of Public Utilities, Water Division From: MICHAEL CARBAJAL, Senior Engineering Technician Department of Public Utilities, Water Division Subject: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5479/UGM The following conditions are required to provide water service to the tract. 1. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Cornelia Avenue from West Garland Avenue south to West Cornell Avenue. 2. Separate water services with meter boxes shall be provided to each lot created. 3. 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 a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 4. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 5. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. TAPROMMEMCondifions of ApprovaN5479 091205.doc OFFICES OF &74V7 A`j oI►. TI�� \ _ S 1 PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725:2218 U Your Most Valuable Resource-Water u> ;� ,��EDD September 9, 2005 v '(� SEP 13 2005 Planning Division Ms. Sandra Brock DeelOPment DePartment City of Fresno �,I Ty OF FnESNC Development Department Planning Division 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 RE: VTTM No. 5479, R-05-40 Dear Ms. Brock: FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicants property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnsona.fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I Agencies\City\TM5479 R-05-40 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G BALLS, General Manager GARY SERRATO File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Eq Mr. Gil Haro, Planning Manager LAFFERTY GDCI FRESNO, LP Planning & Development Department 13180 CROW CANYON PLACE, SUITE 255 City of Fresno SAN RAMON, CA 94583 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5479 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " AK - DRAINAGE AREA " AK " $102,921.00 DATE wL0 6;2DRAINAGE AREA - " - TOTAL FEE $102,921.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to mph approval of the final map for the fee. y Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5474 - 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 c. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water & Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a _500 year 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. See attached Floodplain Policy X Does not appear to be located within a flood prone area. 5479 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General'Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a Mi . State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. 0 b. State General Permit for Storm Water Discharges Associated with Industrial Activities, y 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. 5479 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. S. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lake n, Proj ct ngineer: Mitzi M. Molina District Engineer C: INGELS-BRAUN & ASSOCIATES 875 W. ASHLAN AVE., SUITE 102 CLOVIS, CA 9-3612 5479 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document 60" I 60" _ �Q _ _ 60" ...__ DAKOTA AVE. NOTE: I I I THIS DRAWING IS SCHEMATIC, I I I \ DISTANCES ARE APPROXIMATE. I L_J I II I i--------� I I I UjI I I >I I I ------J QI I I QI I I I WI I I I I I I I I I � I ' I ' > i Q I � I i I ----_-_ --_-_ Z I ——————— ———— 36 I _._... .36" 36" 24" LEGEND Master Plan Facilities To Be Constructed By Developer- Pipeline(size Shown)&Inlet. C3—— Existing Master Plan Facilities �-- Future Master Plan Facilities Direction Of Drainage —————— Inlet Boundary SCALE 111=300' TRACT 5479 EXHIBIT N0. 1 DRAINAGE AREA:"AK" • FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY: MN DATE IV1305 KN 0WWWW&E-WIBITITRACT"7B.dq - REVISED BY: — DATE — OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. A minimum fifteen-foot (15) wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The District recognizes that the developer's proposed street patterns for Tract 5479 are not consistent with the alignment of the Master Plan facilities, as identified on Exhibit No. 1. The storm drain facilities may be slightly realigned to be compatible with the proposed street layout for Tract 5479. However,drainage fee credit will only be granted for the Master Plan storm drain facilities identified on Exhibit No. 1. The developer accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. Due to the lack of a street between Milburn Avenue and Cornelia Avenue the developer,will need to provide a street or drainage channel to allow for storm water runoff from the tract to surface drain "F" Street to Cornelia Avenue during storm events that exceed the design capacity of the drainage system. Development No. Tract 5479 eno\permits\exhibit2\tract\5479(mm) PLAN VIEW OF TYPICAL TEMPORARY PONDING BASIN 5' MIN. - 6' FENCE PER 8' FOR 1/2 D.DWG. P-45 ACRE OR EXCEPT MOW STRIP LARGER LOW FLOW AREA* TO BE ELIMINATED BASINS TYPE "E" OUTLET OR AS APPROVED BY THE ENGINEER 2' L. MIN. 10' DOUBLE GATE, NO CENTER POSTSJ. `�-'G1ASS._I!1-RF:= IPE OR`APPRDVE�•EQUAL -CURB \ GUTTERS F.N.F.C.D. TYPE 'D' INLET P.L. P.L. HIGH WATER 6" 1 ELEVATION I i 2 I i�_• �_V. _ 1 _ 5' MIN. 1-III-I 11-1 1 1=1 I I' 8' OR 1 f2 ACRE OR LARGER BASINS SECTION NOTES: DESIGN MINIMUMS 1. OVERFLOW MUST BE TO THE STREET. 2. DESIGN WATER SURFACE ELEVATION SHALL BE TWO FEET BELOW THE LOWEST INLET FLOW LINE OR POND PERIPHERAL ELEVATION, WHICHEVER IS LOWER. 3. REQUIRED CAPACITY: V=CIA WHERE V=REQUIRED BASIN CAPACITY IN CUBIC FEET, C=RUNOFF COEFFICIENT, I-RAINFALL FROM A DESIGN STORM (0.35 FEET), AND A-TRIBUTARY AREA IN SQUARE FEET. 4. PROVIDE COMPOSITE "C" CALCULATIONS. 5. THE ENGINEER MAY REQUIRE AN 8' WIDE VEHICLE RAMP WITH A MAX, SLOPE OF 15% IN 1/2 ACRE OR LARGER BASINS. 6. TEMPORARY PONDING BASINS SHALL BE FENCED WITHIN 7 DAYS TIME AFTER THEY BECOME OPERATIONAL OR WHEN REQUIRED BY THE ENGINEER. 7. THE CITY ENGINEER MAY CONSIDER OTHER BASIN DESIGN ALTERNATIVES, AS A SUBSTITUTE FOR PROVIDING THE 2 FOOT FREESDARD, WHEN THE BASIN SIZE IMPACTS PROJECT FEASIBILITY. 8. LOCKS FOR THE GATE TO BE #5 MASTER LOCKS, NO. 1C45. 3203 OR 0855. • SIZE AND DEPTH OF LOW FLOW AREA TO BE DETERMINED BY THE ENGINEER. REF. & REV. CITY OF FRESNO TEMPORARY PONDING BASIN DEC., 2004 P - 62 36" a Li U "- O H JV 0l7 ZOit U< c �a 00 d z ►-a% W m U W O Z Li W O 0 Z H W \N F C 00N H� MY(n •� •...N Q= c ®5 H3 W ~ Z 0 (n O FW- �a o °° a W M 0 WU Li �CL, Z 9 W o =1m a'l� Li6' CHAIN LINK FENCE LlO N V) w }} �- Z Z 00 2 00 W La Z 0 a. Lj 0:6 Q W I\ r 3 ►- 3 =Ih Wm ZU O OZOd W C9 Zoawv G' o v_ p) �W(Nh N •F t I rn E_0Oucr w�0 C7 N p fQ7O N O X!a C7� \ ~ Qa d < O .� IX Z • nm O Ey O Z N 0O ice' O7 U] N RESIDENCE SIDEa 00 PROPERTY LINE p w �,--. CO U U �- O IVA- 0 o V ® O w 0 Z • . Li o H� ' Ox I ■ N r 7Y .fir Ida U N -� -TYPICAL- •�'��-•-��� Mow Strip VARIES 72" TO 96" 36" CORNER POST 3" O.D. CHAIN LINK FENCE AUG.&2002 CITY OF FRESNO CONSTRUCTION DETAILS T - 45 GUIDELINES FOR PONDING BASIN / POND CONSTRUCTION AND MANAGEMENT TO CONTROL MOSQUITO BREEDING Immature mosquitoes develop in shallow water habitats. Fresno has enough year-round urban runoff from sprinklers, car washing, and pool drainage to keep water in drainage basins even in the summer--when mosquitoes breed the fastest. The design and management of ponding basins and ponds is of critical importance for mosquito control. Following are some new guidelines for these facilities: *1. Ponding basins and ponds with fluctuating water levels should have a "low flow" area, a deeper area or sump where drainage will accumulate, instead of a uniform flat bottom. This allows for water to accumulate to a greater depth, and helps "mosquito fish" survive. The low flow area should be located at the pond inlet and should be at least four feet deeper than the rest of the basin floor. The rest of the basin should be graded so that drainage is directed into this low flow area. *2. Side slopes of ponds and ponding basins should be as steep as is compatible with safety and grading considerations. They should have a slope ratio of 1:2 (vertical:horizontal). 3. Decorative ponds and artificial wetlands should be constructed so that water depths are maintained in excess of four feet, to preclude invasive emergent vegetation such as cattails. *4. Ponds and ponding basins should be constructed to provide for free, unobstructed access around their entire perimeter by vehicle and/or by foot, to allow for maintenance and mosquito abatement activities. *5. All ponding basins should be enclosed in chain-link fencing at least six feet tall (to City of Fresno Public Works Standards), with double gates to provide an unobstructed total opening at least ten feet wide (no center post between the gates). Gates should be secured with a standard padlock to allow for access by maintenance workers and mosquito and vector control personnel: a No. 5 MasterLockTm with key numbers 1 C95, 3203 or 0855. 6. Ponds and ponding basins should be constructed to allow easy de-watering when needed. 7. Ponding basin and pond edges should be maintained free of excess vegetation and trash that would harbor insects and support mosquito breeding when it falls or blows into the water. 8. Ponding basins and ponds should be managed to control algae and emergent vegetation (plants that emerge from shallow water), to remove harborage for mosquito breeding and to allow"mosquito fish" and other mosquito predators better access to their prey. 9. Ponding basins and ponds should maintain water quality that supports the survival of "mosquito fish" (Gambusia affinis, available from local mosquito and vector control agencies). Use caution when selecting herbicides and pesticides for use in or near ponding basins and ponds, because many pesticides are toxic to fish. * The asterisked guidelines modify the current City of Fresno Public Works Standard No. P-62 for Temporary Ponding Basins. 10/29/04 National Center for Environmental Health ^' Division of Emergency and Environmental Health Services "Stormwater Management and Vector Breeding Habitats" The Public Health Problem • Stormwater management regulations and practices developed by environmental management agencies address the environmental problem of sediments and other pollutants entering surface waters but do not address public health issues,such as preventing habitat production for disease-carrying mosquitoes and other vectors. • Certain stormwater management structures designed to reduce sediment and other pollutant loads in runoff(e.g., dry detention basins, retention ponds, media filtration devices,below-ground devices) frequently hold standing water for more than 3 days, creating potential mosquito breeding habitats. This in tum leads to the potential for mosquito-borne diseases such as West Nile virus and St. Louis encephalitis. • Even those stormwater facilities that are properly designed and constructed to minimize mosquito breeding habitat may collect standing water if they are not maintained properly, thus creating the potential for mosquito breeding. Methods to Address this Public Health Issue A more integrated, systems-based approach is needed when developing and implementing solutions to environmental problems such as stormwater-runoff management. Local vector-control agencies (where they exist) or environmental health programs should be consulted during preconstruction design review to ensure that vector breeding habitat is minimized. These agencies and programs should also be consulted when developing maintenance schedules for stormwater management structures. Taking the following actions can help to ensure that mosquito-management programs incorporate a systems-based approach: • Properly design and construct stormwater control structures (especially regarding slopes,pipe inverts, and volumes) to minimize the inadvertent creation of standing water. Water should be held less than 72 hours whenever possible (shorter than minimum mosquito-breeding time). • Minimize mosquito breeding for longer term or permanent stormwater storage (>4-days) by introducing mosquito fish, by larvaciding, and by developing vegetation management plans. Include design depths greater than 4 feet to limit emergent vegetation that can enhance mosquito breeding habitat(e.g., cattails). • Nlake resources available and allocate specific responsibility for ongoing operation and maintenance of stormwater facilities, including monitoring and treatment if necessary. Clean accumulated sediments and clear brush and other debris to minimize standing water build-up ------------------------------------------------------------ The Centers for Disease Control and Prevention (COC)protects people's health and screty by preventing and controlling diseases and Injuries:enhances health decisions by providing credible information on critical health issues:and promotes healthy living through strong partnerships with local, national,and international organizatlons. Mosquito Control District Boundary Map (For the Fresno - Clovis Area) Map Prepared September 2004 LEGEND N a S 3 m LL 4' �j � $ s ti 3 � c p Fresno Mosquito &Vector Control District a z �` E Copper Y N 12 intematlonal F7 Consolidated Mosquito Abatement District a m Behymer W E penin z 3 a a hepherd R m3 Teague p 3 / k- rata t ,OaQ a HornHerndon J�nM CONSOLIDATED MOSQUITO ABATEMENT DISTRICT 2525 Floral Avenue ■ PO Box 278 s_ ullard ' p, Selma,CA 93662 Ph(559)888-2619 or 896-1085 Fax(559)896-6425 V Be iA YDS law 9 d Y r fa 301149 burg- d^!y1?' c Marr r shlanA- JagL to - Shtef e� trKorr 1 t. m x 3 < s st McKl b�l "t torr �a MclCrnley CvrJv, ,e„ + , e 2!N �-rttis..�r�aTd,Ga c';,,ia�6„�'S_-•�. i `tti°� �1°��; ,, ra+" 7�., r3 .`s _ a � gF 1$., ,til ' f �� : ?! vl'7 3` t'°• /lr'�^ ttaf or °Call} s } F M California 4r ruL .,t a r ..4 = t7 1 r,1 r tir .r ,', y sMnadab Ann K&We r•c sy FRESNO MOSQUITO 3 VECTOR CONTROL DISTRICT No 2338 East McKinley Avenue Fresno,CA 93703 4tMtlem,,"; Ph(559)268�i565 Fax(559)268-8918 '`Txs ,t "i 2 �d y oda�r�a�t x�Sf wy1 haa� y°z .�,w-A+: r ,{�dy�a Mala 'aI*'t fin` 'a 4� -^' ", .'^�� 9a Amerim y vs e American lcan T: eAmericacan o zg �Jeffersar� Y x O N? s+. Am e a 41. °L m`s�5 n t m 2 G ry r 4 a n �z�;. Cl LL 7 F a 4. "�!� KC9ft,�, .u-A �' &��s � �` '�a -'r c�. r'Sgn 'tea t^ �rt '�'ry •�'w�,t .. tv tryY ^f � ar�'t' z 4. 'P�y�YeTaw; k{,s� r ';y`��i+ ^Ka tr-'� �. ''-"�.�*-'1�..� `r- �. '1i+�'� n -•n4�e^'zk�*`+.ef�'''C.,a.§d South CITY OF FRESNO ENVIRONMENTAL-ASSESS FINDING OF CONFORMITY/MEIR NO. 101 FIVED Pursuant to Section 21157.1 of the California Public Resources Code 2005 Fa d IGECEIOEM&F-(LING: (California Environmental Quality Act)the project described below is determined to be within the scope of the Master Environmental Impact CITY CLERK. FRESNO CF. Report(MEIR) No. 10130 prepared for the 2025 Fresno General Plan. Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 Applicants: Initial Study Prepared By: Lafferty Homes, Inc. (subdivider) rte-rn fTl 5000 Executive Parkway, Suite 500 C:) n San Ramon, CA 94583 Sandra Brock, Planner -" '� Robert& Margaret Dominguez (owners) November 10, 2005 N 3 p 511 Burl Ave. tv Clovis, CA 93611 0 0 n �- T Harry& Dorothy Paul (owners) 3125 N. Milburn Ave. Fresno, CA 93722 Environmental Assessment Number: Project Location (including Assessor's Parcel Numbers): On the east side of North Cornelia Avenue, between West Shields and West Dakota Avenues R-05-40/T-5469 APNs 311-390-30, -31,and -34; and 311-091-08 and -09 Project Description: Rezone Application No. R-04-59 proposes to change the zoning on this 25.35-acre property from AL-20 (Limited Agricultural District, Twenty Acre Minimum Parcel Size, Fresno County zoning) to R-1/UGM (Single Family Residential DistrictlUrban Growth Management Area), consistent with the medium and medium-low density residential use designations pertaining to the subject property applied through the 2025 Fresno General Plan and the West Area Community Plan. Vesting Tentative Tract Map Application No. T-5479/UGM proposes to subdivide the subject property into 124 single family residential parcels and one outlot to preserve existing access to County lots to the north,, with concomitant grading and installation of related urban service infrastructure. Zoning to the R-1/UGM district and development of the proposed subdivision on this property requires annexation to the City of Fresno and detachment from the Kings River Conservation District and the North Central Fire Protection District, actions that are under the jurisdiction of the Fresno County Local Agency Formation Commission. Conformance to Master Environmental Impact Report(MEIR NO. 10130): The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested vesting tentative tract map 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 to be rezoned for single-family development and developed with housing at an intensity and scale that is permitted by the planned land uses of the site. The 2025 Fresno General Plan and the West Area Community Plan designate this property for medium density(allowing a range of 4.99 to 10.37 dwelling units per acre) and medium-low density (allowing a range of 2.19 to 4.98 units per acre) residential uses. The proposed rezone and vesting tentative tract map will not facilitate an additional intensification of uses beyond that which would be allowed by the above-noted Finding of Conformity with MEIR No. 10130 Prepared for the 2025 Fresno General Plan EA No. R-05-040/T-5479 November 10, 2005 Page 2 planned land use designations. After dedication of right-of-way for major streets, the remaining net 25.07± acres will be subdivided for residential use at a density of 4.94 dwelling units per acre. Per Fresno Municipal Code Section 12-403-B-2.b(1), this density is consistent with the site's assigned medium and medium-low density land use designations. With imposition of tract map conditions regarding infrastructure construction, it is not expected that development of the property will adversely impact existing city service systems or the traffic circulation system that serves the subject site. These findings have been verified by the Public Works and Public Utilities Departments. All applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to ensure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium density residential use designation specified for the subject property. The project does not change the land use approved for the subject property, and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice is being provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). Darrell Unruh Date Planning Manager, City of Fresno Attachments: Environmental Impact Checklist for Environmental Assessment No. R-05-040/T-5479 Mitigation Monitoring Checklist(MEIR No. 10130)for Environmental Assessment No. R-05-040/T-5479 ENVIRONMENTAL ASSESSMENT CHECKLIST EA No. R-05-040/T-5479 Potential Environmental Effects 1.0 TOPOGRAPHIC SOIL GEOLOGIC 12.0 HAZARDS 1 1.1 Geologic hazards, unstable soil conditions 1 12.1 is o explosion or release of hazardous 1.2 Adverse Change in topography or ground surface relief substances 1.3 Destruction of unique geologic or physical features 1 12.2 Site subject to flooding 1.4 Increased water erosion _T_ 12.3 Adverse change in course of flow of flood waters 2.0 AIR QUALITY 1 12.4 Potential hazards from aircraft 1 2.1enera es substantial indirect source pollution accidents 7- 2.2 Direct on-site pollution generation 1 12.5 Potential hazards from landfill and/or toxic T_ 2.3 Generation of objectionable odors waste sites 7- 2.4 Generation of dust except during construction T_ 2.5 Adverse local climatic changes 13.0 AESTHETICS 1 13.1 Obstructs pu lic/scenic vista or view 3.0 WATER _T_ 13.2 Creates aesthetically offensive conditions 1 3.1 nsT ufficient groundwater for long-term project use _T_ 13.3 Removes street trees or other valuable 3.2 Uses large quantities of ground water vegetation f- 3.3 Wasteful use of water 1 13.4 Architecturally incompatible with 3.4 Pollution of surface water or groundwater supplies surrounding area f- 3.5 Reduces groundwater recharge 14.0 CULTURAL/PALEONTOLOGICAL 4.0 PLANT LIFE 1 14.1 Removal of historic building, or disruption 1 4.1a uses numbers of any rare/unique/endangered of archaeological site species 1 14.2 Construction or use activity incompatible 1 4.2 Reduction in acreage of agricultural crop with adjacent historic site T 4.3 Premature or unnecessary conversion of prime agricultural land 15.0 ENERGY 1 15.1 ses su stantial amounts of fuel or energy 5.0 ANIMAL LIFE _T_ 15.2 Substantial increase in demand upon 1 5.1 a uces numbers of any rare/unique/endangered existing sources of energy species 1 15.3 Wasteful use of energy 1 5.2 Deterioration/displacement of valuable habitat 1 6.0 HUMAN HEALTH/SAFETY--Potential for causing injury 1 nesses 7.0 NOISE Explanation of Ratings 1 7.1nc� reases existing noise levels 7 7.2 Increases exposure to high noise levels "0" Insufficient Information 8.0 LIGHT AND GLARE Insufficient information is available for this 1 8.1 Production o g are,which will adversely affect category andpro ect to determine the potential residential areas environmental ef�ects which may result from 1 8.2 Exposure of residences to high levels of glare the proposed project. 9.0 LAND USE "1" No Significant Environmental Effect 1 9.1 Fna 61e with adopted plans and policies9.2 erates growth rate In this category, the proposed project will not 9.3 es unplanned growth have an adverse environmental effect, or any 9.4 es adverse change in existing or planned area such effect is not substantially unusual or of characteristics undesirable magnitude. This rating is also 10.0 TRANSPORTATION AND CIRCULATION utilized in cases where the category is not 1 10.1 Generation of vehicle traffic sufficient to cause capacity applicable to the project under consideration. deficiencies on existing street system " 1 10.2 Cumulative increase in traffic on a major street for which 2 Moderate Environmental Effect capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists, bicyclists, or In this category, the proposed project could pedestrians have an adverse environmental effect which is 1 10.4 Routes non-residential traffic through residential area of sufficient magnitude to be of some concern. 7 10.5 Insufficient or poorly located parking However, this effect is not substantial enough _7 10.6 Substantial increase in rail and/or air traffic in itself to require preparation of an Environ- mental Impact Reportand is mitigable through 11.0 URBAN SERVICES project changes and conditions. 1 11.1 Availability of fire protection 7 11.2 Lack of emergency vehicle access 113" Significantly Adverse Environmental Effect _T_ 11.3 Adequacy of design for crime prevention 7 11.4 Overcrowdingof school facilities The environmental effect identified in this T 11.5 Availability owater mains of adequate size category substantiates in itself, or contributes T 11.6 Availability of sewer line and treatment capacity toward, a finding that the proposed project has T 11.7 Availability of storm water drainage facilities (on or off- a potentially significant adverse effect on the site) environment sufficient to require the 1 11.8 Availability of adequate park and recreation areas preparation of an Environmental Impact Report. 11.9 Unusually high solid waste generation LL X X 0 O W N O d o� O Ea. � V v O m m � m Z � V d U a Q X ¢ co O az II W } ww 0)w n 0) a)w n V m N c c o c c o c c Z Q 0 C 'C N C 'C N C .0 a) cn 0 cn 0 cn 0 c E c E c E J W ie -= co 0 ie. m o -e._ m 0 M C. 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