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Home My WebLink AboutT-5481 - Conditions of Approval - 5/8/2006 City of Planning and Development Department 2600 Fresno Street ! Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8003 FAX (559) 488-1020 August 22, 2005 Please reply to: Mike Sanchez (559) 621-8040 Mr. Art Lucas Lars Anderson and Associates 4630 West Jacquelyn Avenue#119 Fresno, California 93722 Dear Mr. Lucas: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION REGARDING VESTING TENTATIVE TRACT MAP NO. T-5481 AND CONDITIONAL USE PERMIT NO. C-05-82 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WEST SHIELDS AVENUE BETWEEN NORTH MARKS AND NORTH VALENTINE AVENUES The Fresno City Planning Commission conducted a duly noticed public hearing on August 17, 2005, to consider Vesting Tentative Tract Map No. T-5481 and Conditional Use Permit No. C-05-82. This application relates to the proposed development of an 80-lot single family subdivision to be built as a planned unit development with gated entries, private streets, reduced building setbacks, common open space areas and separate guest parking. Following a full and complete hearing, the Planning Commission adopted Commission Resolution Nos. 12268 and 12269, relating to the above applications as follows: 1. ADOPTED Planning Commission Resolution Ordinance Bill No. 12268 which approved Vesting Tentative Tract map No.T-5481 subject to the conditions of approval dated August 17, 2005. 2. ADOPTED Planning Commission Resolution No. 12269 which approved Conditional Use Permit No. C-05-82 subject to the conditions of approval dated August 17, 2005. Since no appeals were filed on the tentative tract map and conditional use permit applications, the Commissions action are final. Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter, please feel free to contact me. Sincerely, PLANNING IVISION Mike Sanc Supervising Planner K:\Master Files -2005\—Tracts\T-5481-MS\Final Action Letter.wpd Enclosures: Planning Commission Resolution Nos. 12268, 12269 c: H&P Properties Inc. JAF FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12268 The Fresno City Planning Commission at its regular meeting on August 17, 2005, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS,Vesting Tentative Tract Map No.5481/UGM was filed with the City of Fresno and proposes to subdivide the subject property into an 80-lot single family residential subdivision development on approximately 10 acres of land located on the south side of West Shields Avenue between North Marks and Valentine Avenues; and, WHEREAS, the West Area Community Plan Advisory Committee reviewed the application on May 2, 2005, and recommended approval of the tentative tract map; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated August 17, 2005; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on August 17, 2005, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED, that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5481 UGM may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)dated June 29, 2005, prepared for Environmental Assessment No. R-05-11/T-5466. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and the West Area Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5481/UGM subject to the Planning and Development Department Conditions of Approval dated August 17, 2005. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vasquez, seconded by Commissioner Vang. Ayes - Vasquez, Vang, Chert', Dibuduo, Kisssler, Brand Noes - None Not Voting - None Absent - None DATED: August 17, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12268 Vesting Tentative Tract Map No. 5481/UGM Filed by Dennis Bennett Action: Approve with conditions KAMaster Files-2005\'Tracts\T-5481 PC Reso.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO.12269 The Fresno City Planning Commission at its regular meeting on August 17, 2005, adopted the following resolution relating to Conditional Use Permit Application No. C-05-82. CONDITIONAL USE REQUESTED: Reduces the front, rear and side yard setback; reduces the minimum lot area, common open space areas and guest parking; establishes a planned development with gated private streets for the 80 lots within the site of Vesting Tentative Tract Map No. 5481/UGM from the required R-2 zone district standard minimums. PROPERTY DESCRIPTION: Located on the south side of West Shields Avenue between North Marks and North Valentine Avenues EXISTING ZONING: R-2/UGM, Low Density Multiple Family Residential/Urban Growth Management WHEREAS, the West Area Plan Citizens Advisory Committee, on May 2, 2005, reviewed and recommended approval of the conditional use permit application; and WHEREAS, the Fresno City Planning Commission conducted a public hearing on August 17, 2005, to review the proposed conditional use permit and considered the staff report and invited testimony and reviewed the requested project in accordance with the policies of the West Area Community Plan and the 2025 Fresno General Plan; and, WHEREAS, the Fresno City Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. NOW, THEREFORE, BE IT RESOLVED, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Conditional Use Permit Application No. C-05-82 will not have a significant effect on the environment as identified by the Finding of Conformity to MEIR No. 10130 dated August 17, 2005, prepared for Environmental Assessment No. T-5481/C-05-82. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Conditional Use Permit Application No. C-05-82 subject to the Planning and Development Department Conditions of Approval dated August 17, 2005. Planning Commission Resolution No. 12269 Conditional Use Permit Application No. C-05-82 August 17, 2005 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vasquez, seconded by Commissioner Vang. VOTING: Ayes - Vasquez, Vang, Cherry, DiBuduo, Kissler, Brand Noes - None Not Voting - None Absent - None DATED: August 17, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12269 Conditional Use Permit Application No. C-05-82 Filed by H & P Properties Action: Approve with conditions as noted above KAMaster Files-Tract Maps\Tract 5481\C-05-82-PC Reso It N •ego p ° VIII psi - C g VIII p a 6� Q f—LO �L06 O 9a� e e n 7d 9 O77 '44115�tl � BpER S B � l'il a434 gg 9 qE 1 IN f9 dl p I y I I d 1 In 3 I » » R OysT 6 m o ti 5 Z W ZA S y S 3nN3AV 3NU N3lVA is i z/o n `ftyof REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. Ill - G COMMISSION MEETING $-17-05 August 17, 2005 APPROVED BY I FROM: STAFF, Planning Division Planning and Development Department DEPARTM cTOR SUBJECT: CONSIDERATION OF VESTING TENTSATIVE TRACT MAP NO. T-5481/UGM AND CONDITIONAL USE PERMIT APPLICATION NO. C-05-82 AND, AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. T-5481/C-05-82 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5481/UGM and Conditional Use Permit No. C-05-82, filed by Lars Anderson and Associates on behalf of Hand P properties, proposes the development of approximately 10 acres of property located on the south side of West Shields Avenue between North Valentine Avenue and North Marks Avenue. The property is zoned R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) through Council approval of Rezone Application No. R-03-73. Vesting Tentative Tract Map No. 5481/UGM proposes to subdivide the subject property into a 80-lot single family residential planned development with 1 outlot. Conditional Use Permit Application No. C-05-82 is a request to develop the subdivision with gated private streets, an outlot for open space, landscaping, separate guest parking stalls, reduced lot sizes and reduced front, rear and side yard setbacks. This map is supported by staff and the West Area Citizens Advisory Committee. The application would bring the subject property into conformance with the West Area Community Plan and the 2025 Fresno General Plan, pursuant to Section 12-403-B-2 of the Fresno Municipal Code. PROJECT INFORMATION PROJECT A 80-lot single family residential subdivision to be developed at an overall density of 8.3 dwelling units per acre. The planned development will have gated private streets, 1 outlot for open space, landscaping, separate guest parking area, reduced lot sizes and reduced building setbacks. APPLICANT H & P Properties (Engineer: Lars Anderson) LOCATION South side of West Ashlan Avenue between North Cornelia and North Blythe Avenues (Council District 3, Councilmember Sterling) SITE SIZE 10 acres (gross) 9.63 acres (net) LAND USE Existing - Vacant Proposed - Single Family Residential (Planned Unit Development) Existing - R-2/UGM/cz (Low Density Multiple Family ZONING Residential/Urban Growth Management/conditions of zoning) PLAN DESIGNATION The proposed 80-lot single family residential subdivision is consistent AND CONSISTENCY with the existing 2025 Fresno General Plan and the West Area Community Plan designation of the site for medium-high density residential land use (10.38 to 18.15 units per acre) and the proposed R- 2/UGM zone district. ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10103) dated June 29, 2005 REPORT TO THE PLANNING CuMMISSION Vesting Tentative Tract Map No. 5481/UGM Conditional Use Permit No. C-05-82 August 17, 2005 Page 2 PLAN COMMITTEE The West Area Community Plan Advisory Committee, at its meeting RECOMMENDATION on May 2, 2005, recommended approval of the vesting tentative tract map and conditional use permit applications STAFF Approve the vesting tentative tract map and conditional use permit RECOMMENDATION application subject to compliance with the conditions of approval BORDERING PROPERTY INFORMATION Planned Land UseT- Existing Zoning -T Existing Land Use North Medium High Density R-3 Existing Apartments Residential Medium Density Multiple Family Residential South Medium High Density R-1-A Rural Residential Residential Single Family Residential East Medium High Density R-3 Apartments Residential Medium Density Multiple Family Residential West Medium High Density R-1-C Vacant Residential Single Family Residential ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. T-5481/C-05-82 considered potential environmental impacts associated with the subject rezone and conditional use permit applications and vesting tentative tract map request. The study indicates that the project, if approved, would conform to the medium density residential planned land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 29, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published with no comments received within the 20-day review and comment period. BACKGROUND / ANALYSIS The applicant, Lars Anderson and Associates on behalf of H & P Properties, has filed Vesting Tentative Tract Map No. 5481 and Conditional Use Permit No. C-05-82 10 acres of property located at the south side of West Shields Avenue between North Valentine and North Marks Avenues. The property is currently zoned R-2/UGM/cz (Low Density Multiple Family ResidentiallUrban Growth Management/conditions of zoning) through Rezone Application No. R-03-73. The conditions of zoning REPORT TO THE PLANNING CL wiMISSION Vesting Tentative Tract Map No. 5481/UGM Conditional Use Permit No. C-05-82 August 17, 2005 Page 3 required that public improvements be made to Shields Avenue as part of any future entitlements. The subject site is dual designated as a public facility (elementary school site) and medium high density residential. The Central Unified School District has opted to pursue other sites in the area for future development. Vesting Tentative Tract Map No. 5481/UGM proposes to subdivide the subject property into a 80-lot single family residential planned development with 1 outlot. Conditional Use Permit Application No. C-05-82 is a request to develop the subdivision with gated private streets, an outlot for open space, landscaping, separate parking stalls, reduced lot sizes and reduced front, rear and side yard setbacks. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the existing medium-high density residential designation allows for 10.38 to 18.15 dwelling units per acre. However, the Fresno Municipal Code Section 12-403-B allows for a project to be developed at the next lowest planned density, which in this case is the medium density residential planned land use designation. The medium density designation allows for 4.99 to 10.37 dwelling units per acre. The proposed subdivision density is 8.3 units per acre and is therefore consistent with the 2025 Fresno General Plan and West Area Community Plan. Surrounding land uses are characterized by multiple family residential uses to the north and east with rural residential to the south. To the west lies vacant property on the southwest and southeast corners of Shields and Valentine Avenues. 2025 Fresno General Plan and Roosevelt Community Plan Polices The Planning and Development Department staff has evaluated the requested rezone and vesting tentative tract map applications in accordance with the 2025 Fresno General Plan and the West Area Community Plan. The following policies which support the 2025 Fresno General Plan and guide residential development, which relate directly to the proposed project. Objective C-9 of the 2025 Fresno General Plan Plan for the diversity and quality of residential housing, at locations necessary to provide for adequate and affordable housing opportunities. Housing patterns should support balanced urban growth and should make efficient use of resources and public facilities. The proposed 80-unit single family residential planned unit development is located near the intersection of a two major streets (Shields and Valentine) and is adjacent to other planned single and multiple family residential uses. The project, at 8.3 dwelling units per acre, provides a moderate decrease in densities from the medium high density residential uses located on the immediate area. However, the project will provide for the opportunity for the purchase of single family homes as opposed to conventional multiple family project. All applicable interface standards of the West Area Community Plan have been incorporated into the conditions of approval for Vesting Tentative Tract Map No. T-5481. Objective W-4 of the West Area Community Plan Provide for the acceptable design standards for single family residential development, to establish and maintain safe, attractive, and stable residential neighborhoods; to preserve the long term integrity of the community. The proposed project will be a planned unit development that will incorporate unique setback patterns, landscape features, off-site parking, common open space features, and a gated entry. This planned unit development is viewed as a transitional land use between the much denser multiple family developments along Shields Avenue and the growing single family residential projects on the south side of Shields Avenue. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5481/UGM Conditional Use Permit No. C-05-82 August 17, 2005 Page 4 West Area Citizens' Advisory Committee The West Area Citizen's Advisory Committee reviewed the proposed rezone, conditional use permit and vesting tentative tract map at its meeting on May 2, 2005, and recommended approval of the proposed project. Circulation Element Plan Policies and Major Street System Traffic Capacity According to the 2025 Fresno General Plan Transportation Element (Exhibit 7), West Shields Avenue is classified as an arterial street. Arterial streets are required to be developed with two travel lanes in each direction separated by a median island to control left-turn and crossing vehicular movements. All street standards provide for a widened pavement width at major street intersections to allow for exclusive left- turn and right-turn lanes as well as bus bays or turnouts. The Public Works Department Traffic Division has reviewed the proposed development and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated subject to several improvements. These improvements include dedicating and constructing transition paving within the limits of the tract; installing curb, gutter, sidewalk; and construction of an underground street lighting system. When the City of Fresno Master Environmental Impact Report (MEIR) No. 10130 was certified by the City Council for the 2025 Fresno General Plan, a determination was made to require project-specific traffic assessments for projects which would generate 100 or more vehicle trips during weekday peak hours. The proposed project is projected to generate 79 peak hour vehicle trips and therefore the preparation of a traffic study is not required. Primary vehicular access the property will be from West Shields Avenue and will be limited to right turn in and turn out movements. There will be no left turn pocket or median island break in Shields Avenue for the project site. The Public Works Department staff has concluded that this project will not cause unanticipated impacts upon the city's transportation system and that project impacts are mitigable through the city's standard Urban Growth Management (UGM) process and project requirements for developments that abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the development will be required to install improvements and to pay fees toward development of the major street system consistent with the Public Facilities Element of the general plan and will be required to participate in the installation of traffic control measures (e.g., signals, stop lights, etc.) installed per UGM policies and ongoing traffic studies. State Department of Transportation (Caltrans) The Caltrans District 6 staff has submitted the attached comments dated March 5, 2005, indicating that the proposed project will impact the state highway system at Ashlan Avenue and Freeway 99 and has requested that a traffic mitigation fee of$2,708 be paid towards future improvements at this interchange. Staff has considered Caltrans comments in preparing the initial study and determined that this project does not create any impacts, including cumulative impacts, in addition to those identified in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. Although the City has met its legal obligations for addressing impacts to the state highway system for purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway REPORT TO THE PLANNING CuMMISSION Vesting Tentative Tract Map No. 5481/UGM Conditional Use Permit No. C-05-82 August 17, 2005 Page 5 system for projects such as this one. At this time, the City does not have a legally permissible means for collecting fees for such a purpose. A legally permissible means for collecting impact fees under the Mitigation Fee Act (California Government Code §§ 60000, et seq.), among other things, would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. As noted above, the MEIR mitigation measures do not require preparation of a project specific traffic study for this proposal. Therefore, the project is not subject to the establishment of an incremental project specific nexus (relationship between the project's development and a subsequent specific facility deficiency) nor a proportionate share of the cost of future state facility improvements without establishing an equitable regional or metropolitan area impact fee. Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study of state highway facility capacity and measures needed to preserve and improve capacity of those facilities. A Partnership in Planning grant has been obtained to complete a regional freeway deficiency study for the greater Fresno-Clovis-Madera Metropolitan area. This study focuses on facilities projected to be most impacted by projected increases in traffic, identification of the sources and patterns of vehicle traffic within the greater metropolitan area and the improvements that would be necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be implemented by cities and counties in the study area, upon adoption by the respective jurisdictions. In addition to a proportionate share study, a mechanism would be needed for the City to collect traffic impact fees and either hold those funds or deliver them to a separate agency for improvements to facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in developing such a mechanism, including using the model used by the City for collecting fees for FMFCD and/or entering into a Joint Powers Authority or an MOU. Caltrans staff has also provided information regarding the department's practices and procedures to account for project specific collection of state highway facility impact fees and expenditures. Staff representatives of the City of Fresno and Caltrans continue to conference in order to identify a mutually agreeable strategy to implement a fair and equitable traffic impact fee for state highway facilities. Conditional Use Permit Application No. C-05-82 Conditional Use Permit Application No. C-05-82 was filed in conjunction with Vesting Tentative Tract Map No. 5481/UGM to allow the subdivision to be developed as a planned development with gated private streets, 1 outlot for open space, landscaping and access, separate guest parking, reduced lot sizes and reduced building setbacks. There will be a gated entrance at West Shields Avenue with two emergency access only gates to be located on West Shields Avenue at the northwest and northeast portions of the subject site. The R-2/UGM zone district does not specify a minimum lot area requirement for each lot within a planned development subdivision. However, the district does stipulate a population density requirement which specifies that there be not more than one dwelling unit for every 2,700 square feet of site area. The proposed lot sizes range in size from 2700 square feet to over 3000 square feet. There will be four different models associated with this development with square footages of 990, 1270, 1764, and 2066 square feet. Each model will feature a two-car garage and will have a choice of three elevations (French, Italian, and Craftsman). The building setbacks on each lot have been modified to allow for minimum front yards ranging from 7 to 13 feet, rear yards of 10 to 21 feet and side yards of 6 inches (zero lot line) to 10 feet. Driveways for each lot will be 18 feet to accommodate cars parking in the driveway, every house design in this subdivision provides for a two-car garage. There will also be no on- REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5481/UGM Conditional Use Permit No. C-05-82 August 17, 2005 Page 6 wide. However, there will be 40 total guest parking stalls located at the entry (10 stalls), west (7 stalls), southwest (16 stalls), and east (5 stalls) property boundaries. Landscaping/V1i'alls Given that the proposed subdivision is adjacent to an arterial street, Shields Avenue, the applicant will be required to construct a solid wall at the rear of the required 20-foot landscape setback along the northern boundary of the site. In an effort to display design continuity, a six-foot solid masonry wall will be made a condition of approval for the remainder of the perimeter of the subject site. Outlot A will serve as a common open space area that is centrally located. It is approximately 0.60 acres in size that will feature a recreation building with patio, a tot lot, basketball court, playground, and open grass area. There will also be a small greenbelt between streets B and C and streets D and E that will serve as a connection to the open space areas for the residential units throughout the project. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2- 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the West Area Community Plan designates the site for medium-high density residential land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems because the conditions of approval have shown and will ensure that the subdivision conforms with City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5481/UGM Conditional Use Permit No. C-05-82 August 17, 2005 Page 7 Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Conditional Use Permit Findings Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code (FMC) can be made. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features; and, tiF�nrvd�ngua The subject site is approximately 10 acres in size and has an adequate amount of space, if developed in accordance with the projects site plan, to meet all applicable requirements of the d ; Code and as established in the Special Permit Conditions of Approval dated August 17, 2005, including yards, spaces, walls and fences, parking, landscaping and other required features. b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, M end ngi Staff from the Transportation Planning Section of the Public Works Department has estimated that the proposed development will generate approximately 800 daily vehicle trips which can be i accommodated by the adjacent streets. The proposed project will construct the required improvements necessary for the traffic generated by the project. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of this Code. Finding c ti` The staff of the Planning and Development Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related conditional use permit, and tentative r tract map application review processes. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Conditional Use Permit Application No. C-05-82 Exhibits B and C dated July 22, 2005, and Exhibits (E-990- A, B, C), (E-1270- A, B, C), (E-1764-A, B, C), and (E-2066-A, B, C) dated July 22, 2005, and the Conditions of Approval for C-05-82 dated August 17, 2005. 2. Development shall take place in accordance with Vesting Tentative Tract Map No. T-5481/UGM Exhibit A, dated July 22, 2005, and the Conditions of Approval for T-5481/UGM dated August 17, 2005. REPORT TO THE PLANNING CuMMISSION Vesting Tentative Tract Map No. 5481/UGM Conditional Use Permit No. C-05-82 August 17, 2005 Page 8 Action by the Planning Commission regarding the proposed tentative tract map and conditional use permit applications, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the West Area Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. T-5481/UGM and Conditional Use Permit Application No. C-05-82 are appropriate for the project site. Therefore, staff recommends that the Planning Commission: 1. APPROVE Environmental Assessment No. T-5481/C-05-82 dated June 29, 2005 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. APPROVE Conditional Use Permit Application No. C-05-82 subject to compliance with the Conditions of Approval dated August 17, 2005. 3. APPROVE Vesting Tentative Tract Map No. 5481/UGM subject to compliance with the Conditions of Approval dated August 17, 2005. Attachments: Vicinity Map Aerial Photograph of Site Vesting Tentative Tract Map No. T-5481 Conditional Use Permit Application No. C-05-82 Exhibits B and C dated July 22, 2005 Elevations for Conditional Use Permit No. C-05-82 Conditions of Approval for T-5481/UGM dated August 17, 2005, including letters from Fresno Metropolitan Flood Control District (5/24/05) and San Joaquin Valley Air Pollution Control District (5/11/05) Public Works— Engineering Division (5/6/05) Conditions of Approval for Conditional Use Permit Application No. C-05-82 dated August 17, 2005 Letter from the California Department of Transportation (Caltrans) dated March 5, 2005 Environmental Assessment No. T-5481/C-05-82, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), dated June 29, 2005 T-P Ll R-3 T P C-6 'I' t SHIELDS pyr �{c�eaa r3�'z Y�. am 4 moi"$ � as. `C '�c"§Y •w`fi. 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'�y^• j _ meq(, �r,r vt * + • M% ''�„�.� ..•aq 1 fF i�'4 N r ltd low- �y o, FfCtIS yy' f' T • '"a.e'�sn "Y^y.t's' $T-, la � .r �. ,r• '., N 4 IY, � 7� �. S -, a +'i + i`,•"' n ,r.. +�e''1^ Ivy i�r' ap!1 1 /'fle4 L -�7I • � Y 1,4�a.+i. ♦ aY��*sr�t'� .,F� W r �{� .1� aTd.L. �•: a ,I f X,.a .c. 7 '3X1 b ''.. rvr t W" 0 1- EXHIBIT A dated July 22, 2005 VESTING TENTATIVE TRACT MAP NO. 5481 m 1YlifRR I,il. _ I .4fl W.1 WESTSHIELD_�PVENU _ a� � T 6 a.• T7 „ a — A. I , I 7 1 I % •I u�.,rm IL 1 1 I I ]r I Y' n \' 17 D 7 10 9 U C�,CQT;p�Qi �y�!�jy� ! '" ! I "� _ \76 ovn.or•w• " �k - 24 � a = S I ®z 77 A 8 W NOTED W S W 77 _ 75 1 - ----T1 r- --:-- Q \ ss n 1 � 1� II � >4 m ss n n r � \p 35 75 iVICTORIA COLONY#43 I 9 9 M O y IRRIGATION BE CANAL \S n \ •1 % R . (TO BE PIPED) '. . I �\ 0 1 ..\4?O I O EXHIBIT B dated July 22, 2005 CONDITIONAL USE PERMIT APPLICATION NO. C-05-82 SHIELDS 80 A PROPOSED 80 UNIT SINGLE-FAMILY PLANNED UNIT DEVELOPMENT NOTM WEST SHIELDSA_ VE --------- - Dna LANDWAPM- r 7 LANDOCAPM LANDOCAPM I V L————— r-----1 L --- r————— TUSHED ES INbicATE1 BUILDING ENVELOPE E 'L L----- TABLE -REFER TO IT r----- I L J L FOR SETBACK EILAE r----- I t i 11 9 , I Ll -T lic 3 k 0 : 17 93 A -717 .. . L----- 4 7 L-_-__J l -__ nT m r r -- n, Ir- ---- I' I I 11 76 1 F- 1REG24 n 4 r BUILDING r r-----1 PAD SI r 1 63 7r i AREA i § I i I I 1 t j 77 64 7, 27 1 26 25 7. I 1 TYP.PLOT PLAN SCALE.1 20'-0" r L 34 33 7 M 1 30 79 I I K 2B I r FIT LIST k0tl EL 1-T I 67 74 -S r-----1 L i O - - 5 --------- 75 1 1 T, dt; 1 z --- ----- ----- VICTORIA COLOW 043s, 52 43 42 A 51 so 0 IRRIGATION CANAL- (M BE PIPED) L L ---- -3r EXHIBIT C dated July 22, 2005 CONDITIONAL USE PERMIT APPLICATION NO. C-05-82 TENT WEST SHIELDS AVENUE TRAC -�� •� NO. A PLANNED C Iff ENTRY GATE ELEVATION * ———— ————— SCALE 1"-10'-0" .o.aua iv LOT 15 ,,.. G-7 TT �.. 1= -IT. PERIMETER FENCE ELEVATION L - - LOT 16 ,n,a�;�, ,, . EMERGENCY ACCESS/CRASH ...,m•r..,t m.e—anm n aw,a SCALE 1"—101- {J a• Al OIT O/111DORM.RNGID.I�fM11�1 r�-' i w .x sr[a cau.., r sqw¢ LOT 17 DETAIL 1 WS DIREMON ENLARGED PLAN VIEW LAYOUT J SCALE:r-10'-0" e.r ao mm/r-r., vnnsim eauw/r sww,[ - J U L 2Z DETAIL 2 EMERGENCY ACCESS/CRASH E/W DIRECTION SCALE 1"-10'. _ _ r FM CIT O.IIID F.W.RTAM 004W MAM LARS A GATE/ FENCE LAYOUT ` -°"� SCALE AS SHOWN "`®A EXHIBIT E 990 A, B, C TENT rl mis TRAC NO. SI OWNER'S FAMILY Y w—'r A PLANNED I BEDROOM KrrCH tl 8A.2 17 GARAGE "Mmffy N"I R EPW Aw Plan JUL 2 2 2005 00 UG Frost ation rift as as o Front Elevation Front Elevation Rear Elevation Rear Elevation Rear Elevation 'FLOOR PLAN :: OPTION 4 I EXHIBIT E 1270 - A, B, C f TENT, TRAC WC BEDROOM ;8R NO. ,w... ST a A PLANNED DI I. ® �:2 BEDROOM 2 va+aa.r GDROO naan NW IF l Upper Floor Plan Main Floor Plan �"• J U L p wor i ra n. aoaao f go:131300.K 00 Front Elevation Front Elevation Front Elevation 13 El I Rear Elevation .,..o.-. Rear Sevation ....o.T Rear Elevation LOOK PLAN :: OPTION 3 EXHIBIT E 1764 - A, B, C _. TEN- - TRAC PAMiLY NO. CH "" A PLANNED MOWNER'S roe D aATH,� BoD 00Mn4Plan ®® EDROOM 3 ti. BEDROOM na�an iwr _ .L LL Upper Floor Plan JUL 2 R 213t3 rm" FrTl ® 13 � a Go ins 000u0 w 00 00 Front Elevation Front Elevation Front Elevation A _ i Rear Sevation Rear Elevation Rear Sevation LOOK PLAN :: OPTION 2 EXHIBIT E 2066 - A, B, C TEN" OWNERS BEDROOM 4 °®O TRAC �OF7 BEDROOM p..•... v NO. s ew.r A PLANNED ERS RATH J BR BA BA.2 5 © WICr GARAGE __j T JKrrCHFws EDRLOOM BEDROOM marrt mm PORUi .o mu Upper Floor Plan Main Floor Plan J U L 2 2 2005 ? � Y .e \ ®®19 a aaaoa GO 00 Nv.M1..T0nawWri4il AYniAMur {NMO�� T.11YUR tvYY flralO.CLVIt�rrlr+W Front Elevation Front Elevation Front Elevation ® 00MA ® r ® ED ® a i Rear Elevation Rear aevation .,..,o.r Rear Elevation =LOOR PLAN :: OPTION 1 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 17,2005 VESTING TENTATIVE TRACT MAP NO. 5481/UGM SOUTH SIDE OF WEST SHIELDS AVENUE BETWEEN NORTH VALENTINE AND NORTH MARKS AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5481/UGM entitled Exhibit A, dated July 22, 2005, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 2 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. Landscaping and Walls 10. Pursuant to Fresno Municipal Code Section 12-1011-f-3, the developer/owner shall provide a 26-foot landscape easement (and irrigation system) along West Shields Avenue which includes a 12-foot pedestrian/bike trail as depicted on Exhibit B dated July 22, 2005. (Also, see Condition No. 11 of Conditions of Approval prepared for Conditional Use Permit No. C-05-82 dated August 17, 2005) 11. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 12. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 3 with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 13. The long term maintenance of the following items are the ultimate responsibility of the owner/developer. If approved by Council, the following features may be maintained by a Community Facilities District. • Maintenance of all Sidewalks and Street Furniture as approved by the Public Works Department within West Shields Avenue. • Maintenance and operating costs of all Public Street Lights as approved by the Public Works Department within West Shields Avenue and bordering the tentative map. • Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street easements (including one half of center median) and the landscape easements along the property lines that border W. Shields Avenue within the tentative map. • Maintenance of all Street Trees as approved by the Public Works Department within West Shields Avenue and bordering the tentative map. The long term maintenance of the following items are the ultimate responsibility of the owner/developer. The following features shall be maintained by the Home Owners Association. • Maintenance of all private landscaping and irrigation systems within the tentative tract map. • Option: Maintenance of the Landscaping and Irrigation Systems, including street trees and median, and the sidewalks within West Shields Avenue may be done by the Home Owners Association instead of a CFD upon completion of a maintenance agreement with the City. 14. Construction plans for all features to be maintained by a CFD shall be included in the final map submission to the Planning and Development Department for processing. 15. Should the owner/developer choose to not be included within a CFD for the maintenance of the items listed in Condition No. 13 above, the property owner/developer shall privatize all common areas, within the tentative map and provide for the maintenance of all of the above items by the property owners. 16. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 4 annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. Developer/subdivider shall also execute covenant to provide notice to future buyers of CFD assessments on their property. 17. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 13, above, the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 18. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. 19. Vesting Tentative Tract Map No. 5481 dated July 22, 2005, Outlot A shall be used for the following purposes: • Outlot A shall be used for common open space and recreational activities as depicted on Exhibit A dated July 22, 2005 for Conditional Use Permit No. C- 05-82 Multi-purpose Trails 20. The subdivider shall install the pedestrian/bike trail as depicted on Exhibit B dated July 22, 2005 for West Shields Avenue. Building Setbacks 21. Building setbacks shall be in accordance with the R-2 zone district as shown on Exhibit "B" of Conditional Use Permit Application No. C-05-82 (which allows for reduced building setbacks) dated July 22, 2005, and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. Information 22. Vesting Tentative Tract Map No. 5481/UGM is subject to Planning Commission approval of related Conditional Use Permit Application No. C-05-82. 23. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school District's adopted schedule of fees. Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 5 24. The subdivider shall install a permanent school bus pull-out located along a perimeter avenue per Central Unified District standards. 25. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 26. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 27. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 28. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 29. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriffs Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 30. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 31. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 32. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written I Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 6 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 f `> following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 33. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 34. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). PARK SERVICE 35. Comply with the attached memo from the Public Works Department dated May 26, 2005 for street tree requirements. i Urban Growth Management Requirements 36. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. FIRE SERVICE 37. This project is within three miles from City of Fresno Fire Station No. 16. j 38. Provide residential hydrants on site and fire flows per Public Works Standards with two sources of water. Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 7 39. All streets noted on Exhibit B dated July 22, 2005 shall be marked as fire lanes with no on-street parking permitted. 40. Fire hydrants shall be tested and approved and all surface roads shall be installed and made serviceable prior to and during the time of construction. The 4 '/2 inch outlet shall face the access lane. 41. Two means of ingress/egress must be provided. This access must be maintained during all phases of development. Primary access will be from West Shields Avenue with an emergency crash gate located on the northwest and northeast corners of the subject site as depicted on Exhibit B dated July 22, 2005. Therefore, all access points must be completed prior to construction on the site. 42. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. 43. All gates on common access drives shall be equipped with approved Police/Fire bypass locks (best locks: Padlock 2113700 series or Cylinder lock 1W7132). Gates/fences shall not obstruct the minimum width required for fire lanes. Urban Growth Management Requirements 44. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. SOLID WASTE SERVICE 45. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 46. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 47. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 48. The developer shall provide 18' unobstructed clearance at the entrance and exit gates along the path the solid waste truck travels. 49. Provide access to gates by 6:00 a.m. on the solid waste service day. Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 8 50. There shall be no parking allowed in any cul-de-sac on the solid waste service day. All lots that are part of a cul-de-sac shall be clear of all vehicles by 6:00 a.m. There are no cul-de-sac lots in this subdivision. 51. Show turning radius at all corners for a solid waste truck with a centerline turning radius of 44'. 52. There shall be no parking on any streets other than those areas designated as guest parking. Developer/subdivider shall execute a covenant hat notifies future buyers of the Solid Waste Conditions of Approval Nos. 45 through 52 as noted in this document. STREETS AND RIGHTS-OF-WAY 53. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 54. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 55. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Public Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, c. Landscape and irrigation plans (median island and street trees within all parkways). 56. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78- 522, 88-229. 57. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for arterial (West Shields Avenue) and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68- 187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 9 and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 58. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 59. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. Frontage Improvement Requirements: Exterior Streets: Sheilds Avenue: Arterial 60. Dedicate 55' - 62' of property, measured from section line, for public street purposes within the limits of the subdivision to meet the City of Fresno's Artreriql Standards. See site plan for related Conditional Use Permit No. C-05-82. Comply with all red-lined comments as shown on Exhibits A and B dated July 22, 2005 for C-05-82. The lenth of transition shall be 315'. 61. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 62. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub-division. 63. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E- 7 for Arterial Streets. 64. Relinquish direct vehicular access rights to Shields Avenue from all lots within this subdivision. Interior Streets: Private 65. Vehicles require a 27' minimum backup distance. Based on the proposed private street width of 20 feet, the minimum garage to property line setback shall be 18'. This distance is depicted on Exhibit B dated July 22, 2005 for C-05-82. Specific Mitigation Requirements: Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 10 66. The first intersection of Shields Avenue and Outlot A shall be limited to right-in and right- out turns. 67. Irrigation/Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for the piping of the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and development Department. All piping shall be located outside the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for review and approval. 68. Multi Purpose Trail: Construct a pedestrian and bike trail, complete landscaping, per the 2025 Fresno General Plan, Multi Purpose trails Plan Map and Public Works Standards. Verify details with Planning and Development and Traffic Engineering. Identify route on map and provide for a cross section prior to the Planning Commission hearing. Dedicate a multi purpose Trail easement of sufficient width to accommodate the approved cross section. Submit signing and striping plan to the Development department for Traffic Engineering's approval. Vacate the corner portion of street right of way at Bellaire and Milburn. Remove existing improvements and replace, providing curb, gutter and sidewalk on a radius. 69. Dedicate and construct transition paving on Shields Avenue west of Valentine Avenue, as necessary, based on a 45 MPH design speed. UGM Requirements: 70. This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. 71. Dedicate and construct 2-center section travel lanes and raised concrete median islnds within the limits of this subdivision. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based and a 45 MPH design speed. 72. Construct concrete median island nose with a 250' left turn pocket for westbound traffic at Valentine Avenue. 73. Construct an eastbound UGM lane from Valentine to the western limits of the subdivision. 74. Dedicate sufficient right of way and construct additional paving for westbound to eastbound U-turns at Valentine. See attached Exhibit B STREET NAMES Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 11 Change the following street name to reflect its proper spelling, direction or name: a. Submit names for private streets prior to Final Map submittal. New street names for private streets must be unique to the County of Fresno and must not have the suffix of avenue, road, or street. SANITARY SEWER SERVICE 75. The nearest sanitary sewer mains capable of serving the project are 15-inch sanitary mains located in West Shields Avenues. Sanitary sewer service through the city's sewer system would require the following prior to connection. 76. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 77. Separate sewer house branches shall be provided for each lot created. 78. Abandon all existing on-site private sanitary sewer systems in accordance with City standards. 79. Dedicate a public utility easement the width of each proposed street within the project for sewer and water purposes. 80. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 81. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for any proposed additions to the sanitary sewer system. Urban Growth Management Requirements 82. Payment of appropriate sewer connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. These payments include the following: Sewer Lateral Charge; Oversize Sewer Area (#24), Trunk Sewer Charge (Marks); and, Wastewater Facilities Charge (residential only). WATER SERVICE 83. The nearest City of Fresno water mains capable of serving the project are 12-inch water mains located in West Shields Avenue. The following conditions are required to provide water service to the tract. 84. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 85. Separate water services with meter boxes shall be provided to each lot created. Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 12 86. Seal and abandon existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of Fresno standards. 87. Two independent sources of water meeting Federal and State Drinking Water Act Standards are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 88. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 89. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. 90. Payment for installation of water service(s) and/or meter(s) and wet-ties) is required. 91. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. UGM Water Supply Area: 501s. FRESNO IRRIGATION DISTRICT (FID) 92. FID requires that the applicant grant an exclusive pipeline easement to FID and pipe the Victoria Colony No. 43 Canal across the proposed development in accordance with FID standards, and that the applicant enter into an agreement with FID for that purpose. The applicant will need to meet with FID to determine the pipeline alignment and required pipeline diameter. 93. FID requires its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made a party to signing the final map. 94. FID requires the applicant submit a grading and drainage plan for FID approval which shows the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 95. FID will require a Common Use of Easements Agreement between FID and the City of Fresno for all Public Utility and Landscape Easements which overlap FID's easements. 96. FID will require the applicant enter into an Encroachment Agreement with FID for all permanent improvements placed on or constructed within FID's easement. Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 13 97. FID requests that the applicant be exempted from any condition that would require the construction of public facilities or conveyance of deeds of easements within FID's canal easement to any other party without FID's written consent. FLOOD CONTROL AND DRAINAGE 98. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated May 24, 2005. 99. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 101. The subdivider shall comply with San Joaquin Valley Air Quality Pollution Control District Rules, including Regulation VIII for the control of particulate matter and fugitive dust during construction of this project (refer to the letter from the District, dated May 11, 2005 prepared for Vesting Tentative Tract No. 5481 and the subdivider and successors in interest shall conform to the Indirect Source Review Rule as may be adopted. CENTRAL UNIFIED SCHOOL DISTRICT 100. Contact the Central Unified School District for their requirements and/or fees. See letter dated May 16,2005. RIGHT-OF-WAY ACQUISITION 101. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 102. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 103. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 14 developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 104. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 105. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 106. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 107. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. DEVELOPMENT FEES AND CHARGES 108. This project is subject to the following fees and charges: PARKS DEPARTMENT FEE/ RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree C. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DIST. FEE/ RATE Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 15 g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. Rates increased as of November 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) i. Oversize Charge* $0.05/sq. ft. (to 100' depth) j. Trunk Sewer Charger $419/living unit Service Area: Cornelia k. Wastewater Facilities Charge4 $2,119/living unit I. Copper Avenue Sewer Lift Station Charge,* N/A m. Fowler Trunk Sewer Interim Fee Surety* N/A n. House Branch Sewer Charger N/A o. Millbrook Overlay Sewer* N/A WATER CONNECTION CHARGES FEE RATE p. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. q. Frontage Charge* $6.50/lineal foot r. Transmission Grid Main Charge* $643/gross acre (parcels 5 gross acres or more) s. Transmission Grid Main Bond Debt Service Charge w► $243/gross acre (parcels 5 gross acres or more) t. UGM Water Supply Feer Service Area: 301s $508/living unit u. Well Head Treatment Feer $221/living unit Service Area: 301 Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 16 v. Recharge Feer $0/living unit Service Area: 301 w. 1994 Bond Debt Service* $60/living unit Service Area: 301 DEVELOPMENT IMPACT FEE FEE RATE x. Northeast Fresno Policing Area+ N/A y. Traffic Signal Charge* $331.75/living unit URBAN GROWTH MANAGEMENT FEE RATE z. UGM Fire Station Capital Fee* $4671/gross acre Service Area: 16 aa. UGM Park Fee* $3567/gross acre Service Area: 6 bb. Major Street Charge* $3531/adj. acre Service Area: C/D-2 cc. Major Street Bridge Charge* $196/adj. acre Service Area: C/D-2 dd. UGM Grade Separation Fee* N/A Service Area: ee. UGM Trunk Sewer Charge* N/A Service Area: Cornelia ff. Street Acquisition/Construction Charger N/A Notes: + Due at time of development * Deferrable through Fee Deferral Covenant. IV Due at time of subdivision. TRAFFIC SIGNAL FEE Conditions of Approval Vesting Tentative Tract Map No. 5481/UGM August 17, 2005 Page 17 109. This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit. CALTRANS 111. Caltrans has reviewed the project and is requesting the payment of fees, in the amount of $2,708 to mitigate impacts to the Freeway 99 interchanges Ashlan Avenue. Prior to issuance of building permits, the project shall pay a state highway facility traffic impact fee equivalent to the proportional amount of vehicle trips projected to be generated by the development of 80 single family residential lots. Alternatively the fee amount may be paid as determined by the Fresno County Council of Governments Fresno/Madera Freeway Deficiency Study(ies). Imposition of this condition is dependent upon the City of Fresno and Caltrans having an executed agreement for the City to collect and administer this State Highway Facilities Fee. KAMaster Files-Tract Maps\Tract 5481(C-05-082)\T-5481-COA.doc File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager TFS INVESTMENTS Planning & Development Department H & P PROPERTIES, INC. City of Fresno 6770 N. WEST AVE., SUITE 105 2600 Fresno Street FRESNO, CA 93711 Fresno, CA 93721 MAP NO. 5481 PRELIMINARY FEE(S) (See below) DRAINAG AREA(S) It AL - DRAINAGE AREA AL $42,116.00 DATE DRAINAGE AREA TOTAL FEE $42,116.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z 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 OrdinanceUl prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5481 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 4 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: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map X Street Plan 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. b 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. 5481 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State.General Permits)require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees 0 in permit compliance, and complete an annual certification of compliance. ■ b. State General Permit for Storm Water Discharges Associated with Industrial Activities, C* 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. 5491 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. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendation requirements. Gerald E. Lakemaif, Project Engineer: Rio s District Engineer C: LARS ANDERSEN & ASSOC., INC. 4630 W. JACQUELYN AVE., SUITE 119 FRESNO, CA 93722 5431 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document I ' ' NOTE: I THIS DRAWING IS SCHEMATIC, I -----------------DISTANCES ARE APPROXIMATE. I ------- I SHIELDS APN -------- #442.040-18 I I Q I \\�� I i NI I � APN I \�\ #442.040-02 I I 1 I W Z ZI // cT0 I J I // `\ c040'VY I I 7 1 �24•�/ � �N 43 � I � � I 10-• // �� I I I APN p/// #4424)40-2CAPN I C�/ / #442-040.28 APN I I I I I Q� #442-040.29 APN #442-0401 I S/ / 'v W I I I / / 30" N 30■ —— — I 30" P IN CETON I I I ---- -------------- ---------- --- LEGEND - ----- ---- --- -- LEGEND I]— — — Existing Master Plan Facilities Ell— Future Master Plan Facilities Direction Of Drainage SCALE 1"=300' —————— Inlet Boundary TRACT 5481 DRAINAGE AREA:"AU EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT MAYMIM.. mu DATE W&W K i.dw Mum BY. — DATE — i OTHER REQUIREMENTS I> EXHIBIT NO. 2 I. ` Tract 5481 is required to grant drainage covenant(s)for Parcel 442-040-18 to allow surface runoff to reach future Master Planned facilities. f The District recommends a stub street to the south of Tract 5481. This is necessary to provide surface drainage from Tract 5481 to the Future Master Planinlet to the south. If the stub street is not constructed,then the Developer of Tract 5481 will be responsible for the non-fee creditable cost of a pipe extension to the south property line of Tract 5481. The Master Plan sy$tem has.been designed such that during a two-year event flow will not exceed the height of the 6 inch curb. Should wedge curb (4.5 inches height)be used the same criteria shall apply where by flow remains below the top of curb. Any extensions or pipe size increases due to meeting the requirement listed above shall be at the developer's expense. Development No. Tract 5481 en gr\perm its\exh ibit'Nract\548 I(rl) i San Joaquin Valley Air Pollution Control District May 11, 2005 Referenee No. C20050275 o IFCEF flV/IED Mike Sanchez Planning & Dev. Dept. MAY 1 2�� 2600 Fresno St., Third Floor Fresno, CA 93721-3604 Planning Division Development Department C,7Y CF FRESNO Subject: T-5481, C-05-82—APN:4427040-02 Dear Mr. Sanchez: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The San Joaquin Valley Unified Air Pollution Control District (District) has previously commented on this project (District Reference.Number 708DEV2003, Sent December 19, 2003, for City of Fresno Project R- 03-73). The City of Fresno and the applicant should be aware that District Rules and Regulations are periodically updated. ..The District.offers the following comments in.addition to previous comments. The entire San Joaquin Valley Air Basin is classified non-attainment for ozone and fine particulate matter (PM10 and PM2.5). This project would contribute to the overall decline in air quality due to increased traffic and ongoing.operational emissions. Although this project alone would not generate significant air emissions, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below: Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. Current District rules can be found at— http://www.valleyair.org/rules/1 ruleslist.htm. Regulation Vlfl (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. A compliance assistance bulletin has been enclosed for the applicant. If a residential project is 10.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see section 6.4.1). A template of the District's Dust Control Plan is available at: http://www.valleyair.org/busind/comply/PM 1 0/form s/D C P-Form%20-%2010-14-2004.pdf Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants,or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. . Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Mr. Sanchez May 11, 2005 T-5481, C-05-82 Page 2 Rule 4641 (Cutback, Slow Cure, and Emulsified.Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase II 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.vallevair.orq. 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 residential homes from energy consuming environmental conditions, and to shade paved areas. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see htto://www.hort.cornell.edufuhiloutreach/csc/ For Tree Selection see http://www.ufei.org/ For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis_.edu http://www.Igc.org/bookstore/energy/downloads/siv treeguidelines.pdf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future,easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Direct pedestrian access to the entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Such access should consist of paved walkways and should be physically separated from vehicle access routes. • Project design should use models put forward by the Local Government Commission (LGC) in the "Smart Growth Guidebook," such as; street block patterns that form an interconnected grid, short block faces, numerous alleys and narrow streets. The LGC website http://www.lgc.or_ contains valuable information and resources on subjects from street design to energy efficiency. Mr. Sanchez May 11, 2005 T-5481, C-05-82 Page 3 • Sidewalks and bikeways should be installed throughout as much of the_project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles Sidewalks should be designed for high, visibility (brightly painted, different color of concrete, etc.) when crossing streets and similar vehicle paths. 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) . 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.agmd.gov/business/brochures/zerovoc.htmf High-albedo (reflecting) roofing material. See http://eetd.lbl.gov/coolroof/ Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See http://www.harc.edu/harc/Proiects/CoolHouston/ , http://eande.ibl.gov/heatisland/ Radiant heat barrier. See http://www.eere.energy.00v/consumerinfo/refbriefs/bc7.htmI Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ Install solar water-heating system(s) Install photovoltaic cells Install geothermal heat pump system(s) Programmable thermostat(s)for all heating and cooling systems Awnings or other shading mechanism for windows Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.or_q - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Low or non-polluting landscape maintenance equipment (e.g. electric lawn mowers, reel mowers, leaf vacuums, electric trimmers and edgers, etc.) - Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) More information can be found at: http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergycenter.org/index.html, httr)://www.ciwmb.ca.gov/GreenBuilding/ Mr. Sanchez ,.,ay 11, 2005 T-5481, C-05-82 Page 4 • The applicant should implement measures to reduce the amount of vehicle_t[affic to and from the project area that further reduce air pollution in the valley. This could include providing an information center for residents to coordinate carpooling. Check out the "Spare the Air" section of our website www.vallevair.org • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.orq/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: - Limit traffic speeds on unpaved roads to'15 mph - Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - Suspend excavation and grading activity when winds exceed 20 mph - Limit area subject to excavation, grading, and other construction activity at any one time - Use catalyst equipped diesel construction equipment. - Minimize idling time (e.g. 10 minute maximum) - Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) - Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, and "Spare the Air Days"declared by the District. - Implement activity management(e.g. rescheduling activities to reduce short-term impacts) - During the smog season (May through October), lengthen the construction period to minimize the number of vehicles and equipment operating at the same time. - Construction equipment should have engines that are Tier II (if available as certified by the Air Resources Board). Engines built after 1998 are cleaner Tier II engines. Tier I and Tier II (2.5 gram) engines have a significantly less PM and NOx emissions compared to uncontrolled engines. To find engines certified by the Air. Resources Board, see http://www.arb.ca.gov/msprog/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at (559) 230-5831 - Light Duty Cars and Trucks should be alternative fueled or hybrids. - Minimize obstruction of traffic on adjacent roadways. District staff is available to meet with. you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at (559) 230-5820 and provide the reference number at the top of this letter. Sincerely, i Catherine Thao Air Quality.Student Intern Central Region Enclosures c:file City of DATE: May 6, 2005 TO: Mike Sanchez, Planner 111 Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager �U Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5481 / C-05-082, Public Works Conditions oNAppr val (Shields east of Valentine) The Public Works Department, Traffic Planning Section, has completed its review of Tentative Tract Map 5481, which was submitted by T.F.S. INVESTMENTS H & P PROPERTIES, INC. The following requirements are to be placed on this tentative tract map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Off-Street Parking Facilities and Geometrics Off-Street parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual and Standard Drawing(s) P-41, P-42, P-43. Provide parking space needs, circulation, access, directional signs (e.g. "Entrance," "Exit," "Right Turn Only," "One Way" signs, etc.) as noted on Exhibit "A". Frontage Improvement Requirements: Major Streets: Shields Avenue: Arterial 1. Dedicate 55'-62' of property, from section line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards. The length of the transition shall be 315'. Page 1 of 2 [��2. Construct concrete curb and gutter and sidewalk to Public Works Standard P-5. Construct sidewalk to a 10' residential pattern. 3. Construct 20' of permanent paving within the limits of this subdivision. 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-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to Shields Avenue from all lots within this subdivision. Interior Streets: Private Note: Vehicles require 27' minimum backup. Based on the proposed private street width of 20' design, we recommend the garage to property line set back be 7' minimum. Specific Mitigation Requirements: 1. This tract will generate 55 a.m. / 74 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. 2. The intersection of Shields and Outlot A shall be limited to right-in and right-out turns. 3. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Pubic Works Department, Engineering Division for review and approval. 4. Multi-Purpose Trail: Construct a pedestrian and bike trail, complete landscaping, per the 2025 Fresno General Plan, Multi-Purpose Trails Plan Map and Public Works Standards. Verify details with Planning and Development and Traffic Engineering. Identify route on the map and provide a cross section orior to the planning commission hearing. Dedicate a Multi-Purpose Trail Easement of sufficient width to accommodate the approved cross section. Submit signing and striping plan to the Development Department for Traffic Engineering's approval. 5. Dedicate and construct transition paving on shields Avenue west of Valentine, as necessary, based on a 45 MPH design speed. UGM Requirements: This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. Shields Avenue:Arterial 1. Dedicate and construct 2-center section travel lanes and a raised concrete Median island within the limits of this subdivision. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 45 MPH design speed. 2. Construct a concrete median island nose with a 250' left turn pocket for westbound traffic at Valentine Avenue. 3. Construct an eastbound UGM lane from Valentine to the western limits of this subdivision. 4. Dedicate sufficient right-of-way and construct additional paving for westbound to eastbound U-turns at Valentine. See Exhibit "B". Page 2of2 CALouiseITRACT MAPSIT-5481 SHIELDS E of VALENTINE.doc i i i M - VARIES 7, MIN PROPERTY LINE j Lno z� o w w z SECTION N LINE u [ ` PROPERTY I LINE LU iz Lu � I Lu� I o � 0 � � 7 99 w EXI I IT lT � I - I CITY OF FRESNO FF PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 17, 2005 CONDITIONAL USE PERMIT APPLICATION NO, C-05-82 SPECIAL PERMIT CONDITIONS OF APPROVAL PART A- PROJECT INFORMATION Assesor Parcel Nos. 442-040-02 Street Location The south side of Shields Avenue between Valentine and Marks Avenues Zoning R-2/UGM Project Description A 80-lot single family residential planned development on approximately 9.63 net acres of property to be developed at an overall density of 8.3 dwelling units per acre. The planned development will have private streets, 1 outiot for open space and guest parking access, reduced lot sizes and reduced building setbacks. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Fresno City Planning Commission, on August 17, 2005, will consider the special permit application subject to the enclosed list of conditions and Exhibits B and C dated July 22, 2005, Exhibits (E-990- A, B, C), (E-1270- A, B, C), (E-1764-A, B, C), and (E-2066- A, B, C) dated July 22, 2005. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Conditions of Approval Conditional Use Permit Application No. C-05-82 August 17, 2005 Page 2 Code Section 12-405.A can be made. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; l k 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original conditional use permit exhibits Exhibits B and C dated July 22, 2005, Exhibits (E-990- A, B, C), (E-1270- A, B, C), (E-1764-A, B, C), and (E-2066- A, B, C) dated July 22, 2005. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. To complete the backcheck process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, for r final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Call Mike Sanchez at 559/621-8040. Conditions of Approval Conditional Use Permit Application No. C-05-82 August 17, 2005 Page 3 NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to Louise Monroe at 559/621-8678 and questions relative to utility connection charges and Urban Growth Management fees may be directed to Frank Saburit at 559/621-8077 of the Planning and Development Department, Building and Safety Services Division, Land Division and Engineering Section. 1. OFF-STREET PARKING FACILITIES AND GEOMETRICS a. Off-Street (on-site) parking facilities and geometrics shall conform to the City of Fresno, Public Works Department, Parking Manual, Standard Specifications and requirements. b. The applicant shall provide access and directional signs (e.g. "Entrance," "Exit," "Right Turn Only," "One Way," handicap signs, etc.) as determined by the City Traffic Engineer and as noted on Exhibits A, B, and C dated July 22, 2005. C. Parking lot pavement and drainage design shall be in accordance with Public Works Department Standard Drawing Nos. P-41, P-42 & P-43 and incorporated into the site drainage plan. Site drainage to alleys requires approval by the City Engineer. A site drainage plan is required to be reviewed and approved by the Planning and Development Department, Building & Safety Services Division prior to the commencement of work. This project is a private Planned Unit Development which is proposing private streets which are not subject to typical Public Works Standards. Conditions of Approval Conditional Use Permit Application No. C-05-82 August 17, 2005 Page 4 PART D - PLANNING/ZONING REQUIREMENTS PLANNING 1. Development is subject to the following plans and policies: - West Area Community Plan - Medium-High Density Residential Land Use - Planned Development Section of the Fresno Municipal Code (Section 12-306-N-21) ZONING 2. Development is in accordance with the existing R-2/UGM zoning. POPULATION DENSITY (Residential Projects) 3. The proposed density is approximately 8.3 dwelling units per acre, which is within the allowable range of the medium-high density residential planned land use as provided by Fresno Municipal Code Section 12-403-B-2.b(1). LOT AREA 4. Each lot shall have a minimum area as shown on Exhibits "A" and "B"dated July 22, 2005. BUILDING HEIGHT 5. The maximum allowable building height is 35 feet. The proposal is within the required height. EXCEPTIONS: Overheight structures may be approved by the City Planning Commission. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. BUILDING SETBACK, OPEN SPACES AND LANDSCAPING 6. All rear and side yard setbacks shall be in compliance with the setbacks shown on Exhibit "B" dated July 22, 2005. 7. The project will contain zero lot lines along one of the side yards which will allow for an opposite side yard setback ranging from 6' to 20' as depicted on Exhibit B dated July 22, 2005. No structures are allowed to be constructed within this side yard setback. 8. Provide the following minimum landscaped areas: a. 20 feet along West Shields Avenue b. Outlot A as shown on Exhibit "B" dated July 22, 2005 C. Area at the subdivision entrance from West Shields Avenue d. Pedestrian areas located between Streets "B" and "C" bound by Lots Nos. 32, 33, 39, and 40; Streets "D" and "E" bound by Lots Nos. 64, 65, 71, and 72; and the area between the Conditions of Approval Conditional Use Permit Application No. C-05-82 August 17, 2005 Page 5 common open space and Street "E" between Lot Nos. 77 and 78. No structures of any kind may be installed or maintained within the above landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device) etc., are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc. shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. 9. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Put this note on the site and landscape plans.) 10. There shall be two trees planted in the front yard of every lot. FENCES, HEDGES, AND WALLS 11. Walls and gates shall be in compliance with Exhibits "A", "B" and "C" dated July 22, 2005 and as indicated per Conditions of Approval for Vesting Tentative Tract Map No. 5482/UGM dated August 17, 2005. These exhibits depict a six-foot solid masonry wall along Shields Avenue. The balance of the property will also have a six-foot solid masonry wall to ensure design consistency. 12. Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard which may occur as a result of improper fence installation or damage to the fence. ACCESS 13. Vehicular and pedestrian access shall be provided as indicated per Exhibits A, B, and C dated July 22, 2005 and as indicated on the Conditions of Approval for Vesting Tentative Tract Map No. 5481/UGM dated August 17, 2005. COVENANTS AND AGREEMENTS 14. The covenants, conditions, and restrictions for the owner's association shall comply with Section 12-1026 of the Fresno Municipal Code. OUTDOOR ADVERTISING 15. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for separate Sign Review. Contact Public Services for information at 559/621-8277. (Include this note on the site plan.) Conditions of Approval Conditional Use Permit Application No. C-05-82 August 17, 2005 Page 6 BUILDING ELEVATIONS 16. All houses in the subject planned development shall be in compliance with elevations and plans shown in Exhibits (E-990- A, B, C), (E-1270- A, B, C), (E-1764-A, B, C), and (E-2066- A, B, C) dated July 22, 2005. PART E -CITY AND OTHER SERVICES FIRE PROTECTION REQUIREMENTS 1. Comply with requirements noted in Vesting Tentative Tract Map No. 5481/UGM Conditions of Approval dated August 17, 2005. FLOOD CONTROL REQUIREMENTS 2. Comply with requirements noted in Vesting Tentative Tract Map No. 5489/UGM Conditions of Approval dated August 17, 2005. SOLID WASTE 3. Comply with requirements noted in Vesting Tentative Tract Map No. 5489/UGM Conditions of Approval dated August 17, 2005. SCHOOL FEES 4. School fees must be paid prior to issuance of building permits. (Contact Central Unified School District for further details.) Provide proof of payment (or no fee required) prior to issuance of building permits. STREET TREE REQUIREMENTS 5. Comply with requirements noted in Vesting Tentative Tract Map No. 5489/UGM Conditions of Approval dated August 17, 2005. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 6. Comply with requirements noted in Vesting Tentative Tract Map No. 5489/UGM Conditions of Approval dated August 17, 2005. PART F - MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1. If archaeological and/or animal fossil material is encountered during project surveying,-grading, excavating, or construction, work shall stop immediately. Conditions of Approval Conditional Use Permit Application No. C-05-82 August 17, 2005 Page 7 2. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. K:\Master Files-Tract Maps\Tract 5481 (C-05-82YCOA.doc STATE Or CALIFORNIA—BUSINESS,TRANSPORTA ND HOUSING AGENCY ARNOLD SCHWARZENEGGER,Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE w P.0.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your power! FAX (559)488-4088 Be energy efficient! TTY (559)4884066 March 5, 2005 MAY 9 2005 213 1-IGR/CEQA piz,nljir- i Division 6-FRE-99-25+/- Devek),),�---i,it Deoaq�s��m^en! C-05-82 &T-5481 0- l--y Erl iC CI-I -` ' H &P PROPERTIES Mr. Mike Sanchez City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93 721 Dear Mr. Sanchez: Caltrans has reviewed the rezone and map for a 75-lot single-family residential subdivision located the south side of West Shields Avenue between North Valentine and North Marks Avenues. We have the following comments: The applicant was not required to prepare a Traffic Impact Study(TIS) as this project will generate less than 100 trips, the threshold the City has established for preparing a TIS. However, Caltrans believes this project will impact the State Route (SR) 99 northbound and southbound off-ramps to Ashlan Avenue. Caltrans currently has an approved Project Study Report for the improvements to the SR 99 northbound off-ramp to Ashlan Avenue that provides both preliminary design and cost estimates for the various alternatives considered. Based on traffic studies prepared for other projects in the vicinity, Caltrans has calculated a fair share for this project. Using these earlier traffic studies, we project that this proposed development will have two eastbound through movements on Ashlan at the northbound off- ramp. We then based our fair share on the costs for an interim improvement project to widen this short segment of Ashlan. The cost of the improvement is $1,307,900. The calculated cost-per- trip is $1,354. Therefore, based on previous data provided, the development's mitigation is to mitigate for cumulatively significant impacts is $2,708. The area of Fresno west of State Route (SR) 99 between Shaw Avenue and Shields has been subject to numerous residential proposals recently. The City should be aware that these land use changes/new developments have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating, and mitigating, for them. One possible mechanism for evaluating the cumulative impacts of these land use decisions would be for the City to use the San Joaquin Valley Growth Response Study(GRS) modeling tool. The GRS Tools provide a cumulative analysis of land use impacts, as opposed to a"snapshot" of growth at 20 years. They can identify where to place transit stops, locate the more intense land uses, how and where to site interrelated uses, etc., providing an actual quantitative analysis of alternatives. The type of information that is available by using this "Caltrans improves mobility across California" Mr. Mike Sanchez March 5, 2005 Page 2 modeling tool goes significantly beyond what is traditionally provided with an Environmental Impact Report, providing the type of information necessary to support "smart growth" land use decisions. This benefits the local, regional, and State transportation network, as well as air quality. The analysis can also include indicators to evaluate economic development and the jobs/housing balance critical to a community's quality of life. With the GRS Tools,public officials and citizens would be provided with the likely impacts of alternative growth policies. The resulting information is available to public officials and citizens in easy-to-understand maps and tables. The City should consider a transit alternative for this project. The project is small,but when combined with other residential projects in the area, there is sufficient development to support transit, and early planning could make such an alternative feasible. The San Joaquin Valley Growth Response study would be an excellent tool for evaluating these alternatives. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of this letter as well as our December 21, 2004 letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions,please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 06 Enclosure C:Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" fiO W gZ a. n W X X ``W �i <J Y t o0 Zed 6 N W 799 W ^Z W=LLC <LL g¢ OH h W~ OGISFjZah4� 3 �¢ y; j70 O WWN < m'O w it 4Yl 3ah W UU ``�' W aY LL WSZW NWWm SSS y ! J O $j WW- y�� „Ny �,•. 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OPHhbtpN�tVC Sip FiNS{�N�+NlmvntmVNNN S1NRnNNN�Nw.nyN��'NR9' t°V R m n� a T,aaTsaS&a a9S8:5SIM-alss&SST.SS-8SSSS w W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 1Cy W t¢itiLL�LL�1¢l�Wl¢i 1¢l 4LL1¢L�LLI¢LLL�W�WL LLt¢ll¢lt¢LLL�t¢LWt¢l l¢iW�LLLLI¢LLL�1¢L i¢L CLL Ix cc i 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 FRESNO — ENVIRONMENTAL ASSESSMENT/ INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resource Code DATE RECEIVED FX FILIN (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan Initial study is on file in the Planning and Development Department, City Hall, c 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 Fs Applicant: Initial Study Prepared By: Lars Anderson and Associates Mike Sanchez, Planner III 4630 W. Jacquelyn Avenue #119 June 29, 2005 Fresno, California 93722 Environmental Assessment Number: Project Location (including APN): Vesting Tentative Tract Map No. 5481/UGM South side of West Shields Avenue between North Conditional Use Permit Application No. C-05-82 Valentine Avenue and North Marks Avenue. (APN: 442-040-02) Project Description: Vesting Tentative Tract Map No. T-5481/UGM and Conditional Use Permit No. C-05-82 proposes to subdivide the 10-acre site into a 74-lot single-family residential planned development (T-5481). Conditional Use Permit Application No. C-05-81 is a request to develop the subdivision with private streets, gated access, landscaped outlots, reduced lot sizes and reduced front, rear and side yard setbacks, and common open space. The property is within the jurisdiction of the West Area Community Plan and the 2025 Fresno General Plan. Both plans designate the property for medium high density residential land uses and the property is presently zoned R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) which is consistent with the planned land use designation. The subject property is currently vacant and is surrounded by rural residential and single family residential developments. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The 2025 Fresno General Plan and West Area Community Plan designate the subject parcel for medium high density residential planned land uses. The existing R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Managemenbconditions of zoning) zoning for the subject property conforms to this medium high density residential planned land use designation. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed for development with residential uses at an intensity and scale (10.38 to 18.15 dwelling units per acre) that is permitted by the existing planned land use and proposed zoning designation for the site. Thus, the development of the site with a 74-lot single family residential subdivision will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the development will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. C-05-82/T-5481 Page 2 June 29, 2005 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 high density residential land use designation specified for the subject parcel. Based on this initial study, the proposed project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). pa4ye?17 "4'e'-11-1 h� s Darrell Unruh Date Planning Manager, City of Fresno KAMaster Files-Tract Maps1C-05-82/T-5481 FINDING OF CONFORMITY.doc Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. C-05-82/T-5481 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. C-05- 82/T-5481 ENVIRC IENTAL ASSESSMENT (EA) CHEC ST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. C-05-82IT--5481 1_0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities(on or C 1 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation f 1 2.4 Generation of dust except during construction . 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous I 3_0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste I 1 3.4 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 13.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5_0 ANIMAL LIFE 1 14.1 Removal of historic building, disruption of 1 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat historic site 6.0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy 8.0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect "0" Insufficient Information residential areas 1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the potential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 1 9.1 Incompatibility with adopted plans and policies 111" No significant Environmental Effect 1 9.2 Acceleration of growth rate The proposed project will not have an adverse 1 9.3 Induces unplanned growth 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration. 1 10.1 Generation of vehicle traffic sufficient to cause capacity `•2" Moderate Environmental Effect deficiencies on existing street system The proposed project will have an adverse environmental 1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. 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CD .Cr mdC mO m -0 m U U -�m= C > I I O N (D soot Qm Z VJ N C m W Uc U�oy m m C m D U C N d ~ m ~ wW i •� Q C m O �, •- m •� m CL-M a zw CJEmE I 1. T-P R-3 T-P C-6 4 f i SHIELDS ra'- "�" �''.': �3«.v.7��e�,+•+fi&,�.,"'.a. ul*. `"rx� �� _„ ��"'�,�a:� a� � k r�'p "� v�, a, a�� r �mita&��«vk ,� . W ags s +ws^ T-P j a 1 � b� +{... Y 1 � 1 1 LEGEND Subject Property U.G.M.Area VICINITY PLANNING & DEVELOPMENT N DEPARTMENT VESTING TENTATIVE TRACT MAP NO. 5481/UGM CONDITIONAL USE PERMIT NO. C-05-082A.P.N.:442-040-02 w e ZONE MAP:2147 I South of Shields Av., East of Valentine Av. NOT To SCALE BY/DATE: J.S. / 4-20-05 f i C City or _ Planning and Development Department 2600 Fresno Street • Third Floor Nick P.Yovino Fresno, California 93721-3604 Director (559) 621-8003 FAX(559)488-1020 April 16, 2004 Please Reply To: Sandra Brock Ed Daniels ph. 559-621-8041 3676 North Valentine Avenue fax 559-488-1020 Fresno, California 93722 email: Sandra.Brock@ci.fresno.ca.us Dear Mr. Daniels: SUBJECT: REZONE, APPLICATION NO. R-03-073 TO AUTHORIZE THE REZONING OF PROPERTY LOCATED AT 3257 WEST SHIELDS AVENUE,ASSESSOR'S PARCEL NO.442-040-02,FROM C-6/UGM TO R-2/UGM/ez On March 30, 2004, the Fresno City Council approved rezoning the above 10f acre property from C-6/UGM (Heavy Commercial District/urban Growth Management Area) to .R-2/UGM/cz (Low Density Multiple Family District/ Urban Growth Management Area/conditions of zoning), subject to the following three conditions: 1. Subsequent special permits and construction permits shall be subject to dedication and improvement of the full width of West Shields Avenue as a City arterial street along the project's frontage. 2. Subsequent special permits and construction permits shall be subject to conditions as specified in the letter received from Fresno Irrigation District regarding this rezoning,dated December 18,2003 [a copy of this letter is enclosed for your reference]. 3. A determination of mitigation needs for state and local transportation facilities will be made when a subsequent special permit application is filed to develop this property. This rezoning shall be in full force and effect at 12:01 a.m.on the thirty-first day after its passage by the Fresno City Council. A copy of the adopted, certified Ordinance is attached for your reference. The City Clerk's Office is filing this Ordinance with the Fresno County Recorder. The environmental assessment conducted for this rezoning resulted in a finding of conformity with Master Environmental Impact Report(MEIR)No. 10130 prepared for the 2025 Fresno General Plan, which requires application of MEIR mitigation measures for the development of property. A copy of the environmental finding and mitigation measure checklist is enclosed. The Notice of Determination(NOD)for this proj ect was filed with the Fresno County Clerk's office on April 2,2004 (copy enclosed), and the deadline for filing any litigation to challenge this finding will expire 30 days from the NOD filing date,pursuant to the provisions of the California Environmental Quality Act. It has been a pleasure working on this application, and I appreciate the cooperation.and assistance of your representative. If you have any questions regarding this matter, please contact me. City of Planninq and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8003 FAX (559) 488-1020 April 19, 2004 Please reply to: Mike Sanchez 559-621-8040 Art Lucas Lars Anderson and Associates, Inc. 4630 West Jacquelyn Avenue, Suite 119 Fresno, California 93722 Dear Mr. Lucas: SUBJECT: NOTICE OF SUBDIVISION REVIEW COMMITTEE MEETING AND ACCEPTANCE FOR PROCESSING OF TENTATIVE TRACT NO. 5481 AND CONDITIONAL USE PERMIT APPLICATION NO. C-05-82 The above-noted tentative tract map application was accepted for processing on April 19, 2005. The tentative map relates to the development of a 74-lot single-family residential planned development subdivision on 10 acres located on the south side of West Shields Avenue between North Valentine and North Marks Avenues. SUBDIVISION REVIEW COMMITTEE MEETING: Date: Thursday, May 26, 2005 - Time: 1:15 p.m. Place: Development Department Conference Room No. 3054S New City Hall, 3rd Floor, South Wing 2600 Fresno Street, Fresno, California 93721-3604 NOTE: Council action on the tentative map will only be required if the proposed subdivision is appealed following Planning Commission consideration. If you have any questions regarding this application, please contact this office. Sincerely, PLANNING DIVISION 61_- Robert Lewis Supervising Planner SRCLT5481 c: T.F.S. Investments D E P A R T M E T OF PUBLIC WORKS TO: Mike Sanchez, Planner III Planning Division FROM: Ann Lillie,Senior Engineering Technician (559.621.8690) DATE: May 26,2005 SUBJECT: Tentative Subdivision Map T-5481 (Located south side of West Shields Avenue between North Valentine and Marks Avenues) The Department of Public Works has reviewed the Tentative Subdivision Map proposed by H&P Properties,Inc., on engineering plans prepared by Lars Andersen &Associates dated March 2. 2005. The Department of Public Works offers the following comments regarding the Street Tree,Buffer/Parkway and Median Island Landscape conditions. GENERAL REQUIREMENTS STREET TREES REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and the dedication planting and buffer landscaping easements. Street trees shall be planted at the 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 drip irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME West Shields Avenue Fraxinus americana `Autumn Purple' -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. Recommend planting small to medium-sized trees. 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. ADDITIONAL REQUIREMENTS Trees planted within the right-of-way shall be planted by the property owner after first obtaining a street tree planting permit and a street work permit. Trees planted in the right of way shall be located with the following minimum setbacks: 30'from street comers& stop signs 20'from light poles&other acceptable trees 15'from alleys and power poles 10'from driveways& fire hydrants 8'from sewer lines 6'from concrete improvements,unless otherwise shown on plans 5'from building overhangs 3'from gas, electrical, water lines and adjoining property line Street trees shall be planted in accordance with City of Fresno,Public Works Specifications. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District,or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags,signs or identification of any kind shall be permitted in the right-of-way,within the City-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE 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. OUTLOTS 1. THE DEPARTMENT OF PUBLIC WORKS will not be responsible for the maintenance of any outlots if they are not included into the CFD2. If the outlots are to be included into the CFD2, the Department of Public Works will require approving landscape and irrigation plans prior to inclusion into the CFD2. OFFi CEs OR i fes. J. aw ITT *A ` 5 PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water April 25, 2005 w APR Z g 1005 Mr. Mike Sanchez Planning Division City of Fresno Development Department Planning & Development Department CIN OF Fr EoSNO 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: TTM No. 5481, CUP No. C-05-82 —FID's Victoria Colony No. 43 Canal Dear Mr. Sanchez: FID's comments and requests are as follows: 1. FID's Victoria Colony No. 43 canal traverses the subject property as shown on the enclosed map. 2. FID requires the applicant grant an exclusive pipeline easement to FID and pipe the Victoria Colony No. 43 Canal across the proposed development in accordance with FID standards, and that the applicant enters into an agreement with FID for that purpose. The applicant will need to meet with FID to determine the pipeline alignment and required pipeline diameter. 3. FID requires its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 4. FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 5. FID will require a Common Use of Easements Agreement between FID and the City of Fresno for all Public Utility and Landscape easements which overlap FID's easement. 6. FID will require the applicant enter into an Encroachment Agreement with FID for all permanent improvements placed on or constructed within FID's easement. 7. FID requests the applicant be exempted from any condition that would require the construction of public facilities or conveyance of deeds or easements within FID's canal easement to any other party without FID's written consent. Agencies\City\TfM5481 C-05-82 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO Mr. Mike Sanchez April 25, 2005 Page 2 of 2 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 biohnson@fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I Cc: Lars Andersen & Associates T.F.S. Investments Agencies\City\TTM5481 C-05-82 t n, �o C� T N 7 � `O VALENTINE z � — o — — N Co�o�y C114 0 43 cn m N o O P. O i O N 0 8 I Qra �o 0 fF Il I fJ iE111 ir e mc„ 'O i 1 � i Y� I CA o m IJ fA V a n. 3 eee ��:Oa City of I'� FWm ®g,� DEPARTMENT OF PiIBLIC UTILITIES Date: May 3,2005 To: MII-CE SANCB Z, Planner III Planning and Development Department, Advance Planning From: DOUG BECKER, Supervising Engineering Technician 4 Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5481/UGM& C-05-82 General Vesting Tentative Tract No. 5481/UGM and C-05-82 propose a 74-lot single-family residential clustered planned development subdivision on 10acres of R-2/UGM zoned property located on the south side of West Shields Avenue between North Valentine and North Marks 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 Sevier Rectuirements The nearest sanitary sewer main to serve the proposed project is a 15-inch main located in West Shields Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 2. Separate sewer house branches shall be provided for each lot created. 3. Dedicate a public utility easement the width of each proposed street within the project for sewer and water purposes. 4. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 5. 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. City of IeIftI i•s��ii� rte=ii:%it Department of Public Utilities Solid Waste Division 1325 E. EI Dorado • Fresno, California 93706-2014 (559) 621-1452 www.fresno.gov May 24, 2005 TO: Mike Sanchez, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistant�I Department of Public Utilities, Solid Waste Division SUBJECT: TT 5481, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5481 which was submitted by Lars Andersen& 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 5481 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. Page I of 2 Special Conditions: • Show turning radius at all comers for a solid waste truck with a centerline turning radius of 44'. i ` • There shall be no parking allowed on any street. Check parallel parking stalls along "G" street for turning radius requirement. • Developer shall provide a minimum of 18' of unobstructed clearance in the path and at the gates. • Solid Waste requires access to gates by 6:00 a.m. Page 2 of 2 JAConditions of Approval_175481 AL U CENTRAL UNIFIED SCHOOL DISTRICT � ,�$�zaoo � d 4605 NORTH POLK AVE • FRESNO, CA 93722-5334-(559)276-5206•IpowellOcentralusdAl2.ca.us fr-C DISTRICT SUPERINTENDENT U 1S Larry L. Powell May 16, 2005 ��ViSlOr1 TRUSTEES: Cindy Berube City of Fresno ,��. ;cj�mc.:z �� "' D Terry Cox �. .i r- Planning Department -" Judith Geringer 2600 Fresno Street Theresa Hagans Fresno, CA 93721DianaMilla Phil Rusconi Attn: Mike Sanchez Mike Yada Subject: File No.: TT-5481 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. 3. Install a permanent school bus pull-out located along a perimeter avenue per the attached design drawing. The District is willing to work with the Developer to determine the location of this permanent school bus pull out. Comments: As a point of information, the 2025 General Plan has designated the Subject property as a future school site for Central Unified School District. However, the District is in the process of purchasing a school site located south of Shields Avenue along Valentine Avenue and therefore is able to release this site from consideration as a future school. The proposed project will add approximately 43 K-12 grade students to the District's average daily attendance. Number of lots / units = 74 Grade Level: # of New Students Generated K-6 grade students 27 7-8 grade students 7 9-12 grade students 9 TOTAL K-12 grade 43 GEOFFREY M. GARRATT JOHN MULLIGAN SARAH KOLIGIAN Assistant Superintendent, Personnel Assistant Superintendent, Business Assistant Superintendent, Instruction (559)276-5224 (559) 276-5200 (559) 276-3115 FAX(559)276-2983 FAX(559)275-0394 FAX(559)276-3102 5/16/2005 Page 2 of 2 TT 5481 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-8`h grade students residing at least one mile or more from their school of attendance; • 9ch_12ch grade students residing at least two miles or more from their school of attendance. Bus transportation will be available for students attending the below identified elementary, middle and high schools in accordance with District standards and policies in effect at the time of enrollment. Therefore, the District will require a permanent bus pull out, separated from traffic lanes by a decorative concrete median strip. Attached is a design drawing that meets approval by the City Traffic Engineering Manager. The following school of attendance information is provided: • Elementary School Information: (a) School Name: Madison Elementary Address: 330S. Madison Ave (b) As noted, a new elementary school is planned approximately one half mile south of the proposed subdivision, which will change the current elementary attendance boundary for the area in the future. • Middle School Information: (a) 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 5/16/2005 Page 3 of 3 TT 5481 (b) Currently, Central High School - West Campus is a mandatory attendance 9th grade school with optional programs for grades 10th -12th The California Department of Education has current API scores - see: http://www.cde.ca.gov/ta/ac/ap/index.asp (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 cen`tralusd.k12.ca.us. Sincerely, David Deel Facilities Planning Manager AttacfYtt�ert# 4.1'WW LANDSCAPE AWA(rYPL ..1 .. COMMV CLRB AW SEEN"PER Jr(COLLECW) Of►1'SIA.DRC P-3 AND P-& u'4wr� a`V=caACIEri= SLAB mm mama S MARS AT 140 M a OaVlE1Z MAW r lA9U. UEM Mum JEW AAOSUSGOVE a Of SLAB cavcftw CM w AW affmrpw Car STa DW P-71 4 AY cclarlCalr) - i M.. 7M offMMQ X mw cavcAm VP W LSUIa 4T \ \ CCMCRElr CM ANO'SVEN"MRH r // 1 LAWSWE PER<OTr SID. DMC;P-S AAO'P-i (np1 E Jr 7lMdC_COAC W WU Er GMER WFU AMOM 5 AEBW ArY4 r ON CUM PROM6E r WL afM NOTE6 BETMMM IEW AM SLBUVM OF waw affm?frmP 1.MM&W CUr1E1v AMC IS MIS SCHOOL BUS TURNOUT BLAIR,.CHURCH&FLYNN SCALE!- FOR CONSULTING ENGINEERS NO SG4LE COLLECTOR AND LOCAL STREET TIL (559) 291-5507 FPS.(559) 291-2945 DR. BY: DATE SHEET P.G. 9-10-04 1 Of 1 MAY. 5.2005 4:18PM CAL TRANS PLANNING N0.002 P.1i4 STATE OF CAMFORNTA—SU$TNESS.TRANSenRTATTO OHO ,MM A�GHNCYARNOLD CrOyamor DEPARTMENT OF TRANSPORTA'T'ION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 F7erour oyer, BeFAX (559)488-4088 y p energy ef/lclentl TTY (559)488-4066 f March 5,2005 2131-IGR/CEQA 6-FRE-99-25+/- C-05-82 &T-5481 H&P PROPERTIES Mr.Mike Sanchez City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721 Dear Mr. Sanchez: Caltrans has reviewed the rezone and map for a 75-lot single-family residential subdivision located the south side of West Shields Avenue between North Valentine and North Marks Avenues. We have the following comments: The applicant was not required to prepare a Traffic Impact Study(TTS) as this project will generate less than 100 trips,the threshold the City has established for preparing a TIS. However, Caltrans believes this project will impact the State Route(SR)99 northbound and southbound off-ramps to Ashlan Avenue. Caltrans currently has an approved Project Study Report for the improvements to the SR 99 northbound off-ramp to Ashlan Avenue that provides both preliminary design and cost estimates for the various alternatives considered. Based on traffic studies prepared for other projects in the vicinity, Callraus has calculated a fair share for this project. Using these earlier traffic studies,we project that this proposed development will have two eastbound through movements on Ashlan at the northbound off- ramp. We then based our fair share on the costs for an interim improvement project to widen this short segment of Ashlan. The cost of the improvement is$1,307,900. The calculated cost-per- trip is$1,354. Therefore,based on previous data provided, the development's mitigation is to mitigate for cumulatively significant impacts is $2,708. The area of Fresno west of State Route(SR) 99 between Shaw Avenue and Shields has been subject to numerous residential proposals recently. The City should be aware that these land use changes/new developments have the potential to create cumulatively significant impacts to both transportation and air quality. As these cumulative impacts were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating,and mitigating, for them. One possible mechanism for evaluating the cumulative impacts of these land use decisions would be for the City to use the San Joaquin Valley Growth Response Study(GRS) modeling tool. The GRS Tools provide a cumulative analysis of land use impacts, as opposed to a"snapshot" of growth at 20 years. They can identify where to place transit stops, locate the more intense land uses,how and where to site interrelated uses, etc., providing an actual quantitative analysis of alternatives. The type of information that is available by using this "Caltrans improves moblllry across Callfornk- MAY. 5.2005 4:16PM CAL TRANS PLANNING N0.002 P.2i4 Mr. Mike Sanchez March 5,2005 Page 2 modeling tool goes significantly beyond what is traditionally provided with an Environmental Impact Reports providing the type of information necessary to support"smart growth"land use decisions. This benefits the local, regional, and State transportation network, as well as air quality. The analysis can also include indicators to evaluate economic development and the jobs/housing balance critical to a community's quality of life. With the GRS Tools,public officials and citizens would b-e provided with the likely impacts of alternative growth policies. The resulting information is available to public officials and citizens in easy-to-understand maps and tables. The City should consider a transit alternative for this project_ The project is small,but when combined with other residential projects in the area,there is sufficient development to support transit, and early planning could make such an alternative feasible. The San Joaquin Valley Growth Response study would be an excellent tool for evaluating these alternatives. Caltrans recommends that this project be routed to Fresno Area Express(FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of this letter as well as our December 21, 2004 letter be included in the staff reports for both the City Council and the Planning Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions,please caU me at(559)445-6666- Sincerely, MOSES STITES Office of Transportation Planning District 06 Enclosure C:Ms Barbara Goodwin,Council of Fresno County Governments "Caltrans improver mobillry across California" MAY. 5.2005 4: 18PM CAL TRANS PLANNING N0.002 P.3i4 e tt o � 6K V ar o . Ypqwppp b gg NOR a D lF ; It z 2 U7 ca. jig Eft Ag INW og < 14 " 33 0 — fill c� r I I 11H 1 111111 1111111 fill No MAY. 5.2005 4:19PM CAL TRANS PLANNING N0.002 P.4i4 ATTACHMENT NUMBER 1 CALTRA PNS 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-nide 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 conmections. 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.