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T-5489 - Conditions of Approval - 6/19/2006
City of REPORT TO THE CITY COUNCIL AGENDA ITEM NO. /C:/dam rnE-Z=1:4%g* COUNCIL MEETING 712,,10-,r July 26, 2005 APPROVEDBY FROM: NICK P. YOVINO, DirectorDEPARTMENTDR DIRECTOR Planning and Development Department BY: DARRELL UNRUH, Planning Manage1w CITY MANAGER Planning Division SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-21, AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-21/T-5489/C-05-91 RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental finding for Environmental Assessment No. R-05-21/T-5489/ C-05-91 dated June 16, 2005, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. APPROVE Rezone Application No. R-05-21 to rezone the subject property from the AE-5/UGM (Five Acre Agriculture Exclusive/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. EXECUTIVE SUMMARY Rezone Application No. R-05-21 proposes to reclassify 10 acres from the from the AE-5/UGM (Five Acre Agriculture Exclusive/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. The site is located on the south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues. The application would bring the subject property into conformance with the West Area Community Plan and the 2025 Fresno General Plan, pursuant to Section 12-403-13-2 of the Fresno Municipal Code. On July 13, 2005, the Fresno City Planning Commission recommended approval of the rezone application to the City Council. The Planning Commission also took action to approve related Vesting Tentative Tract Map No. 5489/UGM and Conditional Use Permit No. C-05-91, which proposes a 79-lot single-family residential planned unit development subdivision which includes private streets, gated entries, and reduced setbacks. It is noted that the Planning Commission action on the tentative map and conditional use permit is final and, therefore, no action is required by the City Council on these ,applications. This rezone application is supported by staff and the West Area Community Plan Advisory Committee. PROJECT INFORMATION PROJECT Request to rezone the project site from the AE-5/UGM (Five Acre Agriculture Exclusive) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district, which would facilitate a 79-lot single family residential subdivision to be developed at an overall density of 8.5 units per acre APPLICANT Robert Larsen (Engineer: Lars Anderson) LOCATION South side of West Ashlan Avenue between North Cornelia and North Blythe Avenues (Council District 1, Councilmember Boyajian) i' REPORT TO THE CITY COUNCIL Rezone Application No. R-05-21 July 26, 2005 Page 2 SITE SIZE 10 acres LAND USE Existing - Rural Residential Proposed - Single Family Residential ZONING Existing - AE-5/UGM (Five Acre Agriculture Exclusive/Urban Growth Management) Proposed - R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) PLAN DESIGNATION The proposed 79-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 16, 2005 PLAN COMMITTEE The West Area Community Plan Advisory Committee, at its RECOMMENDATION meeting on May 2, 2005, recommended approval of the rezone, vesting tentative tract map and conditional use permit applications STAFF Approve Rezone Application No. R-05-21 RECOMMENDATION PLANNING COMMISSION On July 13, 2005, the Planning Commission voted to recommend RECOMMENDATION approval of the rezone application by a vote of 5 to 0. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium Density R-2-A/UGM Single Family Residential Low Density Multiple Family Residential- Residential Single Story/Urban Growth Management South Medium Density R-1/UGM Single Family Residential Single Family Residential/Urban Growth Residential Management East Medium High Density AE-5/UGM Rural Residential Residential Five Acre Agriculture Exclusive/Urban Growth Management West Medium Density AE-5/UGM Rural Residential Residential Five Acre Agriculture Exclusive/Urban Growth Management c REPORT TO THE CITY COUNCIL Rezone Application No. R-05-21 July 26, 2005 Page 3 ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-05-21/T-5352/C-05-091 considered potential environmental impacts associated with the subject rezone and vesting tentative tract map request. The study indicates that the project, if approved, would conform to the medium and medium high residential planned land use designations 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 16, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published with no comments received within the 20-day review and comment period. BACKGROUND / ANALYSIS The applicant, Lars Anderson and Associates on behalf of Robert Larsen, has filed Rezone Application No. R-05-21, Conditional Use Permit No. C-05-91 and Vesting Tentative Tract Map No. 5489/UGM for 10 acres of property located at the south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues. The rezone application is proposing a change in zone district from the AE-5/UGM (Agriculture Exclusive-Five Acre/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract Map No. 5489/UGM will subdivide the subject property into a 79-lot single family residential planned development with 1 outlot. Conditional Use Permit Application No. C-05-91 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. 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 8.5 units per acre and is therefore consistent with the 2025 Fresno General Plan and West Area Community Plan. The subject site is designated for both medium and medium high density residential land use with the propose project using a blended density approach to meet consistency requirements. Surrounding land uses are characterized by single family residential uses to the north and south with rural residential to the west and east. Conditional Use Permit No. C-05-91 and Vesting Tentative Tract Map No. T-5489 Conditional Use Permit Application No. C-05-91 was filed in conjunction with Vesting Tentative Tract Map No. 5489/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 Ashlan Avenue with an emergency access only gate to be located on West Bellaire Way. Also, one remainder lot is proposed that will maintain its current single family residence status. The remainder lot is also part of the R- 2/UGM zone district request. 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 REPORT TO THE CITY COUNCIL Rezone Application No. R-05-21 July 26, 2005 Page 4 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 1007, 1385, 1553, and 1775 square feet. Each model will feature a two-car garage. The building setbacks on each lot have been modified to allow for minimum front yards ranging from 10 to 13 feet, rear yards of 10 to 15 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-street parking throughout the entire subdivision due to the width of the private street being only 20 feet wide. However, there will be 36 total guest parking stalls located on the east (14 stalls) and west (14 stalls) property boundaries and near the common open space area (8 spaces). West Area Community Plan 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. Fresno City Planning Commission On July 13, 2005, the Fresno City Planning Commission considered Rezone Application No. R-05-21 in conjunction with Vesting Tentative Tract Map No. 5489/UGM and Conditional Use Permit No. C-05- 91. The Commission voted to recommend approval of the rezone application to the City Council by a vote of 6 to 0. Circulation Element Plan Policies and Major Street System Traffic Capacity According to the 2025 Fresno General Plan Transportation Element (Exhibit 7), West Ashlan 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 (MSIR) 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 77 peak hour vehicle trips and therefore the preparation of a traffic study is not required. Primary vehicular access the property will be from West Ashlan 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 Ashlan 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 REPORT TO THE CITY COUNCIL Rezone Application No. R-05-21 July 26, 2005 Page 5 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. Public Facilities The Public Utilities Department has determined that there is an adequate source of water available to serve the project with the implementation of UGM service delivery requirements and environmental impact mitigation measures. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130, the Water Resources Management Plan, and the mitigation measures identified by the project environmental assessment/initial study will provide an adequate, reliable and sustainable water supply for the project's urban domestic and public safety consumptive purposes. The Public Utilities Department has also determined that adequate sanitary sewer service is available to serve the project, subject to the mitigation measures imposed with the environmental assessment. Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day (MGD) which is sufficient to accommodate continued planned urban development including the proposed project. Landscaping/Walls Given that the proposed subdivision is adjacent to an arterial street, Ashlan 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. A solid masonry wall is also required to be placed at the rear of the required 10-foot landscape setback along West Bellaire Way on the south boundary of the property. 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 one-half acre 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 C and D that will serve as a connection to the open space areas for the residential units in the southern portion of the project. State Department of Transportation (Caltrans) The Caltrans staff has submitted the attached comments dated April 14, 2005, indicating that the proposed project will impact the state highway system. Staff has considered Caltrans comments in preparing the initial study and determined that this project does not create any impacts, including cumulative impacts, that were not identified in MEIR No. 10130. City staff notes that potential cumulative traffic impacts of full buildout of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. Caltrans has not specified an exact fee for mitigation for this project. Although the City has met its legal obligations for addressing impacts to the state highway system for purposes of CEQA, the City has not ruled out working with Caltrans to obtain fees for the state highway system for projects such as this one. At this time, the City does not have a legally permissible means for collecting fees for such a purpose. A legally permissible means for collecting impact fees under the Mitigation Fee Act (California Government Code §§ 60000, et seq.), among other things, would require a capital improvement plan, a nexus/rough proportionality study that r REPORT TO THE CITY COUNCIL Rezone Application No. R-05-21 July 26, 2005 Page 6 demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study of state highway facility capacity and measures needed to preserve and improve capacity of those facilities. A Partnership in Planning grant has been obtained to complete a regional freeway deficiency study for the greater Fresno- Clovis-Madera Metropolitan area. This study focuses on facilities projected to be most impacted by projected increases in traffic, identification of the sources and patterns of vehicle traffic within the greater metropolitan area and the improvements that would be necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be implemented by cities and counties in the study area, upon adoption by the respective jurisdictions. In addition to a proportionate share study, a mechanism would be needed for the City to collect traffic impact fees and either hold those funds or deliver them to a separate agency for improvements to facilities the City does not control or maintain. The City has offered to cooperate with Caltrans in developing such a mechanism, including using the model used by the City for collecting fees for FMFCD and/or entering into a Joint Powers Authority or an MOU. Staff representatives of the City of Fresno and Caltrans continue to conference in order to identify a mutually agreeable strategy to implement a fair and equitable traffic impact fee for state highway facilities. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the 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 the proposed Rezone Application No. R-05-21 is appropriate for the project site. KAMaster Files-2005\'REZONE\R-05-21\Rpt to Council Attachments: Vicinity Map Aerial Photograph of Site Vesting Tentative Tract Map No. T-5489 Conditional Use Permit Application No. C-05-91 Exhibits A and C dated June 13, 2005 Elevations for Conditional Use Permit No. C-05-91 Letter from the California Department of Transportation (Caltrans) dated April 14, 2005 Environmental Assessment No. R-05-21/C-05-91/T-5489, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), dated June 16, 2005 Planning Commission Resolution Nos. 12241, 12242, 12243 Ordinance Bill -A '7777, AUSTIN Rlt- T� AUSTIN z z AUSTIN 4 777777777 "V: Rk ASHLAN E"5 "R g ,- -N & W, 'JAR'2�4� s 0 gG! Ep. BELLAIRE -2 SUSSEX 'WT �" v- 0 SUSSEX n n �P, Q IN --�i 54 2-- VV GRIFFITH GRIFFITH LEGEND Subject Property U.G.M.Area "CI[Nlrjry 1*L/-VP PLANNING & DE'VIELOPAIENT VESTING TENTATIVE TRACT MAP NO. 5489/UGM N DEPARTMENT I REZONE APPLICATION NO. 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IAFi B�ROOIA K j Partial Floor Plan Partial Floor Plan BEngEM ' Lt Partial Floor Plan . -c BEDROOM 0 BEOROON Z ❑®a BEDR0OY4 Partial Floor Plan r BATH Upper Floor Plan JT K, b i GARAGE ii ' - --- � --_- O -- r---- --- � ---- O� ..v KITCHEN O ' w KITCHEN , i 5 ILI PORCHPORpH , y --------- Pial Floor Plan Partial Floor Plan Partial Floor Plan I Main Floor Plan ,�..»,•� _ ,�..ww -- ....w.� _ FLOOR I STATE OF_CALIFOWA—BUSINESS TRANSFORTATR'"'AND HOUSMG AGENCY ARNOLD SCHWA RZENEGGER_Ciovernoi DEPARTMENT OF TRANSPOR'x.�TION 1352 WEST OLIVE AVENUE o P. O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 X (559)488-4088 Flex your power! Be energy e fY (559)488-4066 efficient! �C � April 14, 2005 APR 1 5 2005 213 1-IGR/CEQA Div+sloe 6-FRE-99-29+/- ,,op.ng epartmenY Development D T-5489 vv OF FRESNO ASHLAN 77 Mr. Mike Sanchez City of Fresno Development Department 2600 Fresno Street,Third Floor Fresno, CA 93721-3604 Dear Mr. Sanchez: We have reviewed the proposal to develop a single-family residential project (77 lots) located on the south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues. Caltrans has the following comments.' The proposed development, in and of itself, is not expected to create significant impacts to the State Highway System. However, we have prepared the attached spreadsheet identifying residential projects in the general vicinity of this development that the City-has processed since the General Plan was adopted in November 2002. This is not an all-inclusive list but only those residential developments that Caltrans has been afforded an opportunity to review. These projects will impact the State Route (SR) 99 interchanges at Herndon, Bullard, Shaw, and/or Ashlan and will result in cumulatively significant impacts to the State Highway System and to air quality. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, the City should consider a mechanism for evaluating and mitigating for these impacts. One approach to evaluating these cumulative impacts would be for the City to use the "Toolbox" from the San Joaquin Valley Growth Response Study to prepare an analysis of the impacts created by this and other approved developments in the City. This would help to clarify issues that have been raised since the General Plan Update regarding densities in general and the High Rise Corridor specifically. Caltrans is available to partner with the City in this endeavor. The City should consider a transit alternative for this project. There is sufficient development in this general area to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number'l for other recommended transportation alternatives: We request that this letter be made apart of the permanent public record for this project and that a copy of our 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. "Caltrans improves mobility across California" Mr. Mike Sanchez April 14, 2005 Page 2 If you have any questions, please call me at (559) 445-6666. Sincerely, 0 • MOSES STITES Office of Transportation Planning District 6 Enclosures C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 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 FRESNV_ – ENVIRONMENTAL ASSESSMEN ,NITIAL STUDY FINDING OF CONFORMITY/MSIR NO. 90930 Pursuant to Section 21157.1 of the California Public Resource Code DATE REC44yEq.50R FILING: (California Environmental Quality Act) the project described below is = determined to be within the scope of the Master Environmental Impact Report C_ 70 (MEIR) No. 10130 prepared for the 2025 Fresno General Planm C 7 — C7 Initial study is on file in the Planning and Development Department, City Hall, ?q Q` M 2600 Fresno Street, Fresno, California 93721 a m (559) 621-8277 � _ 0 Applicant: Initial Study Prepared By: �- Lars Anderson and Associates Mike Sanchez, Planner III `D 4630 W. Jacquelyn Avenue #119 June 16, 2005 Fresno, California 93722 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-05-21 South side of West Ashlan Avenue between North Vesting Tentative Tract Map No. 5489/UGM Bylthe and North Cornelia Avenues. (APN: 311-081-05, 18, 26, 27) Conditional Use Permit Application No. C-05=91 - Project Description: Rezone Application No. R-05-21, Vesting Tentative Tract Map No. T-5489/UGM and Conditional Use Permit No. C-05-91 proposes to rezone the property from the AE-5/UGM (Five Acre Agriculture Exclusive/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district to subdivide the 10-acre site into a private 79-lot single-family residential planned unit development (T-5489). Conditional Use Permit Application No. C-04-272 is a request to develop the subdivision with gated private streets, landscaped outlots, reduced lot sizes and reduced front, rear and side hard 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 proposed to be rezoned to R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) 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 Bullard Community Plan designate the subject parcel for medium high density residential planned land uses. The. proposed R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zoning for the subject property conforms to this medium high density residential planned land use designation. The Planning and Development Department staff has prepared an initial,study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed for development with residential uses at an intensity and scale (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 79-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 Seen applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MEIR 1.,. 10130 Environmental Assessment No. R-05-21/C-05-91/T-5489 Page 2 June 16, 2005 Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium 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. 10.130 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). Darrell Unruh Date Planning Manager, City of Fresno f K:1Master Files-Tract Maps1R-05-21/C-05-91/T-5489 FINDING OF CONFORMITY.doc Attachments: Environmental Checklist/initial Study for Environmental Assessment No. R-05-21/C-05-91[T- 5489 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. R-05- 21/C-05-91/T-5489 i. j7 AUSTIN a: 1 8 A ....... A AUSTIN z z AUSTIN t 2" MEE ASHLAN Na ig A`. 74 ............ iR� MM LXy M V, '55 ba wa R FIR N R, l 99 r" k I lk-to s. ToT BELLAIRE -------- ........ . . ........... t; Wv W-111, -4iii g V'... SUSSEX Iry A ......... aiia i4, 4"'.4a .. e' C SUSSEX # K �xmg W - Mr ""Irl z GRIFFITH GRIFFITH H k� L ;4W OVI). 011") "",j 7,V tia's W LEGEND Subject Property U.G.M.Area VI[C][NlrlrV MAP PLANNING & DEVELOPMENT VESTING TENTATIVE TRACT MAP NO. 5489/UGM N DEPARTMENT REZONE APPLICATION NO. R-05-021 A.P.N.: 311-081-06,18,26.27 From AE-5/UGM to R-2/UGM we CONDITIONAL USE PERMIT NO. C-05-091 *1 ZONE MAP: 2045 4645 W.ASHLAN AVE. NOT TO s SCALE BY/DATE: J.S. / 4-11-05 00,/ ENVIR^NMENTAL ASSESSMENT (EA) CHECKLIST F , ,ENTIAL ENVIRONMENTAL EFFEC EA NO. R-05-21/C-05-91/T--5489 1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1.1 Geologic hazards,unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities(on or 1 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous 3_0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste 1 3.4 Pollution of surface or ground water supplies - sites 1 3.5 Reduction in ground water recharge 13.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5_0 ANIMAL LIFE 1 14.1 Removal of historic building,disruption of 1 . 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 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 1 9.2 Acceleration of growth rate "1" No significant Environmental Effect 1 9.3 Induces unplanned growth The proposed project will not have an adverse 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is 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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L .0 -7 C m O O N L p 7 -0 U cn O a)c C : ( y � - W 3 E O m � C -m m 3 m � cn c m cn 0 n m y C O U m - 7 W a) T O N C O c9 m L C a m m ` m `a c c E - d c w� E - m m � $ = cD E m > O Ucn m a) ° CL E ms E 3 E m o o E o °io m Cca O c m � = 3 am o mw c c m �? o f O 'c us m m O m L_ c- ca L O O a) O m U m E U C O U a) a) a)'E c ca m w > > S2i m - -) m � � rn-o m ca m E o .6 0 E c R m N � � m0r0 mcn O - 3m0 -0 mUL yCm mm C O ` .Cto CCN O m ESO om c m ECD mo yamc Z 3 � E m m moc_- •� cpmo cmc am O CD Z y c 70 d 7,-0 O d m O 0 0 m y co O_� m y N m E O E E C O -T L O m C 3 C c C m ca U L E C O 3 0 c 0 a) C O L t a.m.. > m m m m CO `d m O -0 C CC mmccmU m - m0C amE mm c m m •cU -o E .� m . � - m Ucm I I m Q).O m d d c9 m _ L C Q) 7 = (`9 m m C u) y m cc9 �p d m > a? L = 0 c Q cn L C m E L C L O d C c0 L m c z Qf L LL+ O M L E 'O m m 3 - m Z m m m ca m m _m m L c - m o m m m na >. 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J .� d m wQ U L) c LU 0 U Z 'L t o) O a) c`n 'o E c m a) ca O O cn C '° m � <n U Q LV O C y c 7 3 ti 3 aj u, umi as 7 C y d u— cn O m O U co '� 'cn 7 7 m 7 a y ` m a7 Q11 7 LL .- UO d O U U c .0 .0 d m` 0 C cc O Cn Q CL 0- C t O cO oI� 0) rn " - 'C 7 - m C a) -— Ofn — C 'C �' ma G. J Z c CO O C a m O L ' 5 ccoo d� OU o o m cn E O co C m Q W C 7 04 ° "° C _CD° U m O C U m m C .0 m C F- O ° Uma mca' cn 2a) - co cy ` '� > oQ CD oc Z � `_' � c � `Oa) Co° � � U "ca ° � aci ' Ec LllLL w o w m m m c � c E cn 3: o, C: 3 y mC LO Q1 o m c m c m cot m c o co S m ca •c 0 E � N = c' c m aEi M � o cn cn ` o � wt Z O C E - U j c R7 y U ti o) d O m X >ca t_ m T m I I CD cn N n y L ?i C cn m m p m > O E cn cn U D a, CD= a) � m '3 OUL � n _ m o y m c)Yc ° c o L ca c Z aci �.�° = c c `� "3 vi me m m E m c cc oc � m e � c a—°i CD W � " m o m Gc7i CD CD m o o s m . c • w LU -5 :s vi — U :3 U m c7i " "E E c m ._ 3 0 � c o fr o_c � � � o ? � C° c - o c m rn c � ccUm 'cis c LU :3D � c � c y � o 5 M e m o m _.2 CL 0cc' o r- 0 - CD o 3 E fl1 Q= 3 m 7 '- E U = m co m n o o n m c a"cn >. Co m cc', m CD Q Q X y C U0. cn co U co C y- c c C ° > � o +""� O j a] LV cc E m3m mE -05o ami m m c) c m m > UU — >. c Co c a o w e aa)) cn m a m m o .ow > cc -oE � m Z c m > c ac m co c 3L � m m xnm aci o-`- cn CD cc c lqTLO O mcEm oom Eoc 0 � io y y CD o � Ec�'3 � a) c0 v LO a) m m V L cn O 7 (`0 C '0 E > c m C a) > 7 cn— ` 7 rn 7 n 3 w p O m m n a) "O r C7 E c � c � �° c :3 -§ ° a) m c m ca CO cca c c m E- a) d S c a � m 7 0 � � 0 3 ° a) c w e o � � � = ID m m g LO cc m 7 � c n U (0 O m U y V > > m U O° 'U ' j c C C O G m .Q• E O C m C a] cn m 7 w cn CD E U ° c 7 U ." a) c U O N 7 y m 7 m m c 7-C c`a a) E cn d O a) n a7 n= = m _U c nQ' � � m mcg � 7 o) w n � r- o m -0 7 C cn C ° c m m N C: (D cma cn y vami3 m o a`o � � � � c (M- a) afO u� U (D o y CL D CD -0 o o o, coo o) o y c oU ? .c c a) .> CD c°i a) O m m "' C ` m O N c C C L 7 p ° m E O` ` c s CL a) E a) � �a m C 0 CD co o m D c c m 'c a) Q U c o o — m I O y p n N cn m cn y c n••- .m y L ° (a C m O L i a) L 3 Q m m U 0 E m _T C c m p ° m cn co C cn a) Oco C y 0 u1 c Q U c c c—ca c E : U o ami ac .o o) c' o) ami o >% CD o m �_0 c U ° o - - c - c � m m -� c - 0cr a) W m m 7 R7 E y 3 cn m C m — E76 -0 U `) V c 0. 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La?� mt � mZ` c � � m o >`Um = o � a� Looms c E -> cm U = c .� c = � E Z@ Z m Has Q oc °: m m I- . U m Q mm m o0 d Q O in O m C �_ Cc a) d a)i 3 d vCi ) .V O Of <n m m 7�' _ : '5 0.'D _ N m M E M CO '� OC N d �' C N d m o L M m E C .- •= O- m O= > Q• c`al- U -i .E `oU ° -a Ucna. r- � Y o� Y W ma t- E . Y sw m Ja] E E m LL W X 0 0 N cc � _ O T � O U c m (n L) CL Q m o � Z l I W } w tL U m N C Z Q W c o c o au_- `° E� E r QCIo 90 CD O W C:Z ray n. o a o Z' W w H � Z N � W o m F— Q •— 2 2 o� o 0a. � _j o o W U q — C O W V Z •L o a m aT vi > 0) , W a c � C dm O az a. 0 = o � �o � m o � p O .5: c as Z O a) m C j an) C N QN C ncn Ems F— � O a) 3 omm03 ° o m te U — (9 W m •d CII C 7 � N N 7 `O O j FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12241 The Fresno City Planning Commission, at its regular meeting on July 13, 2005, adopted the following resolution relating to Rezone Application No. R-05-21. WHEREAS, Rezone Application No. R-05-21 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-2/UGM(Low Density Multiple Family Residential/Urban Growth Management) zone district EXISTING ZONING: AE-5/UGM (Exclusive Five Acre Agricultural District/Urban Growth Management) zone district APPLICANT: Robert Larsen LOCATION: The south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues. APN: 311-081-6, 18, 26, 27 LEGAL DESCRIPTION: From AE-5/UGM to R-2/UGM: Parcel 1A: a portion of APN 311-091-06 The East 2 '/z acres of the North half of the East half of the Northwest quarter of the Northwest quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 1 B: a portion of APN 311-081-06 The West 1 acre of the East 3 '/Z acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23,Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 2: APN 311-081-18 The North Half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23,Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Excepting therefrom the East 3 '/z acres thereof and also excepting therefrom the West 3 acres thereof. Parcel 3: APN 311-081-26 The North one acre of the West three acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Planning Commission Resolution No. 1212241 Rezone Application No. R-05-21 July 13, 2005 Page 2 Parcel 4: APN 311-081-27 The West 3 acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23,Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. WHEREAS, the above-named applicant is requesting a zoning change on the above property in orderto allow for a proposed 79-lot single family residential planned unit development; and, WHEREAS, the West Area Plan Advisory Committee reviewed the application on May 2, 2005 and recommended approval; and, WHEREAS, the Fresno City Planning Commission on July 13, 2005, reviewed the subject rezone application in accordance with the policies of the West Area Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the July 13, 2005, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change; and, WHEREAS, no neighbors spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-05-21 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 16, 2005, prepared for Environmental Assessment No. R-05-21/T-5489/C-05-91. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-2/UGM(Low Density Multiple Family Residential/Urban Growth Management) zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes - Vang, Cherry, Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduo `/4IN0, DATED: July 13, 2005 NICK YOVSecretary Fresno City Planning Commission Resolution No. 12241 Rezone Application No. R-05-21 Filed by Robert Larsen Action: Recommend Approval KAMaster Files-2005VREZONEIR-05-21-PC Reso.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12242 The Fresno City Planning Commission at its regular meeting on July 13, 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. 5489/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 79-lot single family residential planned unit development on approximately 10 acres of land located on the south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues; and, WHEREAS, the West Area 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 July 13, 2005; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on July 13, 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. 5489/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(MSIR No. 10130)dated June 16, 2005, prepared for Environmental Assessment No. R-05-21/T-5489/C-05-91. 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. 5489/UGM subject to the Planning and Development Department Conditions of Approval dated July 13, 2005. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. Ayes - Vang, Cherry, Kisssler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduo DATED: July 13, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12242 Vesting Tentative Tract Map No. 5489/UGM Filed by Robert Larsen Action: Approve with conditions KAMaster Files-20051'REZONEIR-05-21-T-5489 PC Reso.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO.12243 The Fresno City Planning Commission at its regular meeting on July 13, 2005, adopted the following resolution relating to Conditional Use Permit Application No. C-05-91. 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 79 lots within the site of Vesting Tentative Tract Map No. 5489/UGM from the required R-2 zone district standard minimums. PROPERTY DESCRIPTION: Located on the south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues EXISTING ZONING: R-2/UGM, Low Density Multiple Family ResidentiaUUrban 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 July 13, 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-05-91 will not have a significant effect on the environment as identified by the Finding of Conformity to MEIR No. 10130 dated June 13, 2005, prepared for Environmental Assessment No. R- 05-21/T-5489/C-05-9 1. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Conditional Use Permit Application No. C-05-91 subject to the Planning and Development Department Conditions of Approval dated July 13, 2005 (as revised) for Conditions Nos. 16 and 52 as agreed to by the project applicant. Planning Commission Resolution No. 12243 Conditional Use Permit Application No. C-05-91 July 13, 2005 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes - Vang, Cherry, Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduo - G� / DATED: July 13, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12243 Conditional Use Permit Application No. C-05-91 Filed by Robert Larsen Action: Approve with conditions as noted above KAMaster Files-Tract Maps\Tract 5489\C-05-91-PC Reso f Recording Requested by. City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder=s Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-05-21 has been filed by Robert Larsen, property owner,with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS,the West Area Plan Advisory Committee considered this application at its meeting of May 2, 2005, and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code,the Planning Commission of the City of Fresno held a public hearing on the 13th day of July, 2005, to consider Rezone Application No.R-05-21 and related Environmental Assessment No.R-05-21/T-5489/C- 05-91, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district; and, Ordinance Amending Official Zone Map Rezone Application No. R-05-21 Page 2 WHEREAS, the Council of the City of Fresno, on the 26th day of July, 2005, received the recommendation of the Planning Commission. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 13, 2005, prepared for Environmental Assessment No. R-05-21/T-5489/C-05-91. Accordingly, Environmental Assessment No. R-05-21/T-5489/C-05-91 is hereby approved. SECTION 2. The Council finds the requested R-2/UGM zone district is consistent with the existing medium high density residential land use designations of the 2025 Fresno General Plan and the West Area Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the County of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management)zone district. From AE-5/UGM to R-2/UGM: Parcel 1 A: a portion of APN 311-091-06 The East 2 '/2 acres of the North half of the East half of the Northwest quarter of the Northwest quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 1 B: a portion of APN 311-081-06 The West 1 acre of the East 3 % acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23,Township 13 J • Ordinance Amending Official Zone Map Rezone Application No. R-05-21 Page 3 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 2: APN 311-081-18 The North Half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Excepting therefrom the East 3 '/2 acres thereof and also excepting therefrom the West 3 acres thereof. Parcel 3: APN 311-081-26 The North one acre of the West three acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 4: APN 311-081-27 The West 3 acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23,Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. CLERK=S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) f, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2005, by the following vote: Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: f' HILDA CANTU MONTOY City A4-6 By be�p-uhy Rezone Application No. R-05-21 Filed by Robert Larsen Assessors Parcel No. 311-081-06, 18, 26, 27 KAMaster Files-20051'REZONEIR-05-211 CC Ordinance Bill T CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL (REVISED)JULY 13,2005 VESTING TENTATIVE TRACT MAP NO. 5489/UGM SOUTH SIDE OF WEST ASHLAN AVENUE BETWEEN NORTH CORNELIA AND NORTH BLYTHE 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. 5489/UGM entitled Exhibit A, dated June 13, 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. i Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 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 12-10114-3, the developer/owner shall provide a 20-foot landscape easement (and irrigation system) along West Ashlan Avenue and 10-foot landscape easement (and irrigation system) along West Bellaire Way for lots which back-onto or side-onto West Ashlan and West Bellaire Way. (Also, see Condition No. 11 of Conditions of Approval prepared for Conditional Use Permit No. C-05-91 dated July 13, 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 r Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 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 the street easements and the landscape easements along the property lines bordering West Ashlan Avenue and West Bellaire Way. • Maintenance and operating costs of all Public Street Lights as approved by the Public Works Department within the boundary of the tentative map. • Maintenance of interior Local Street pavement, curbs, gutters, sidewalks and street furniture as approved by the Public Works Department within West Bellaire Way (to centerline) and bordering the tentative map. J• Maintenance of all Street Trees as approved by the Public Works Department within West Ashlan 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 sytemns within the tentative tract map. • Option: Maintenance of the Landscaping and Irrigation Systems, including street trees and median, and the sidewalks within West Ashlan Avenue may be done by the Home Owners Association instead of a CFD upon completion of a maintenance agreement with the City. �414. 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. `14 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 annual maintenance assessment and that he/she is aware of the estimated amount of Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 4 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 homeowners 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 CCBRs 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. 5489 dated June 13, 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 June 13, 2005 for Conditional Use Permit No. C- 05-91 Multi-purpose Trails 20. There are no multi-purpose trails planned for West Ashlan Avenue. Building Setbacks 21. Building setbacks shall be in accordance with the R-2 zone district as shown on Exhibit "A" of Conditional Use Permit Application No. C-05-91 (which allows for reduced building setbacks) dated June 13, 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. 5489/UGM is subject to Planning Commission approval of related Conditional Use Permit Application No. C-05-91. 23. Vesting Tentative Tract Map No. 5489/UGM is subject to Council approval of the vacation of portion of the following streets: West Bellaire Way and any underlying street easements within the boundaries of the map (see Memorandum dated 5/26/05 from Public Works Traffic). Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 5 24. 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. 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 s Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 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 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 Mary 19, 2005 for street tree requirements. Urban Growth Management Requirements 36. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. FIRE SERVICE 37. This project is within three miles from City of Fresno Fire Station No. 16. 38. Provide residential hydrants on site and fire flows per Public Works Standards with two sources of water. i Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 7 39. All streets noted on Exhibit A dated June 13, 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 Ashlan Avenue with an emergency crash gate from West Bellaire Way providing the second point of access. Therefore, both 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 21B700 series or Cylinder lock 1 W7B2). 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. 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. t Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 8 51. Cul-de-sacs shall have a minimum of 40' curb-to-curb radius. Not Applicable 52. On-street parking along Outlot A, adjacent to Lots 23 and 24, shall be limited to one side of the street to allow adequate travel paths (minimum 18') for solid waste trucks. 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 Ashlan Avenue) and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 9 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: Ashlan Avenue: Arterial 60. Dedicate 53' of property, measured from section line, for public street purposes within the limits of the subdivision to meet the City of Fresno's Artrerigl Standards. See site plan for related Conditional Use Permit No. C-05-91. Comply with all red-lined comments as shown on Exhibit A dated June 13, 2005 for C-05-91. 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 Ashlan 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 A dated June 13, 2005 for C-05-91. Specific Mitigation Requirements: 66. The first intersection of Ashlan and the Gated entry shall be limited to right-in and right- out turns. 67. Provide a pedestrian gate onto Bellaire Way at the emergency access. e Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 10 68. Belllaire Way: Dedicate 25' from center line, for a street right-of-way within the limits of this tract. Construct full off-site improvements on the north side. 69. 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. 70. Ashlan Avenue: Dedicate and construct a second eastbound lane, an AC mountable dike from Cornelia to the northwest limits of this subdivision. Dedication shall be sufficient for all transitions and drainage. See Exhibit C. 71. Full offsite improvements adjacent to the remainder on the northwest corner of this subdivision shall be required for public health and safety and the orderly development of the surrounding area. Reference "The Subdivision Map Act"' Chapter 1, Section 66424.6 Vehicles are not allowed to back onto major streets. Provide a circular or hammer-head driveway. UGM Requirements: 72. This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. STREET NAMES 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 73. The nearest sanitary sewer mains capable of serving the project are 12-inch sanitary mains located in West Ashlan Avenues. Sanitary sewer service through the city's sewer system would require the following prior to connection. 74. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 75. Separate sewer house branches shall be provided for each lot created. 76. Abandon all existing on-site private sanitary sewer systems in accordance with City standards. 77. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 78. 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 t Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 11 79. Payment of appropriate sewer connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. These payments include the following: Sewer Lateral Charge; Oversize Sewer Area (#21), Trunk Sewer Charge (Cornelia); and, Wastewater Facilities Charge (residential only). WATER SERVICE 80. The nearest City of Fresno water mains capable of serving the project are 14-inch water mains located in West Ashlan Avenue and an 8-inch line in West Bellaire Way. The following conditions are required to provide water service to the tract. 81. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 82. Separate water services with meter boxes shall be provided to each lot created. 83. 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. 84. Two independent sources of water meeting Federal and State Drinking Water Act Standards are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 85. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 86. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. 87. Payment for installation of water service(s) and/or meter(s) and wet-tie(s) is required. 88. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. FRESNO IRRIGATION DISTRICT (FID) 89. There are no FID facilities within the project area. FLOOD CONTROL AND DRAINAGE 90. 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 Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 12 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 19, 2005. 91. 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 92. 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 3, 2005 pr4epared for Vesting Tentative Tract No. 5489 and the subdivider and successors in interest shall conform to the Indirect Source Review Rule as may be adopted. FRESNO UNIFIED SCHOOL DISTRICT 92. Contact the Central Unified School District for their requirements and/or fees. RIGHT-OF-WAY ACQUISITION 93. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 94. 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. 95. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 96. 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. Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 13 97. 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) 98. 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. 99. 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 100. This project is subject to the following fees and charges: PARKS DEPARTMENT FEE / RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City installed tree C. Street Tree Inspection fee $30.00/tree Developer installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection Fee $29/Hour FRESNO METROPOLITAN FLOOD CONTROL DIST. FEE / RATE g. Metropolitan Flood Control District Fee " Contact FMFCD for new fees. Rates increased as of November 2004 SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 14 i. Oversize Charge* $0.05/sq. ft. (to 100' depth) j. Trunk Sewer Charger $419/living unit Service Area: Cornelia k. Wastewater Facilities Charge46 $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 $243/gross acre (parcels 5 gross acres or more) t. UGM Water Supply Feer Service Area: 201 s $407/living unit u. Well Head Treatment Feer $0/living unit Service Area: 201 v. Recharge Feer $0/living unit Service Area: 201 w. 1994 Bond Debt Service* $0/living unit Service Area: 201 DEVELOPMENT IMPACT FEE FEE RATE x. Northeast Fresno Policing Area46 N/A Conditions of Approval Vesting Tentative Tract Map No. 5489/UGM July 13, 2005 Page 15 y. Traffic Signal Charge* $331.75/living unit URBAN GROWTH MANAGEMENT FEE RATE z. UGM Fire Station Capital Fee* $2056/gross acre Service Area: 14 aa. UGM Park Fee* $3283/gross acre Service Area: 6 bb. Major Street Charge* $2798/adj. acre Service Area: C/D-2 cc. Major Street Bridge Charge* $94/adj. acre Service Area: C/D-2 dd. UGM Grade Separation Fee* N/A Service Area: ee. UGM Trunk Sewer Charge* N/A Service Area: Cornelia ff. Street Acquisition/Construction Charger N/A Notes: * Due at time of development * Deferrable through Fee Deferral Covenant. ♦ Due at time of subdivision. TRAFFIC SIGNAL FEE 101. 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. KAMaster Files-Tract Maps\Tract 5489(C-045-091)\T-5489-COA.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC.; HEARING REZONE APPLICATION NO. R-05-21 NOTICE IS HEREBY GIVEN that in accordance with Article 4, Chapter 12 of the Fresno Municipal Code, Procedures Applicable to Zoning, the Fresno City Council will conduct a public hearing to consider Rezone Application No. R-05-21, filed by Lars Anderson and Associates on behalf of Robert Larsen, pertaining to approximately 10 acres of property located on the south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues. The proposed rezone application would facilitate the development of a 79-lot single family residential Planned Unit Development which will include gated entries, common open space, private streets and reduced building setbacks, as proposed by Vesting Tentative Tract Map No. 5489 and Conditional Use Permit No. C-05-91, previously approved by the Fresno City Planning Commission on July 13, 2005. The overall density of the subdivision is 8.5 units per acre. 1. REZONE APPLICATION NO. R-05-21: Requests authorization to rezone the above described approximately 10 acres of property from the AE-5/UGM (Five Acre Agriculture Exclusive/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management)zone district. 2. ENVIRONMENTAL ASSESSMENT NO. R-05-21/T-5489/C-05-91: Recommend that a Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) be adopted for the rezone application. FRESNO CITY COUNCIL Date: Tuesday, July 26, 2005 Time: 10:15 p.m., or thereafter Place: Fresno City Hall Council Chamber, Second Floor 2600 Fresno Street, Fresno, California 93721 Any interested person may appear at the public hearing and present testimony in regard to this matter. If you challenge the above application in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. The City Council's action pertaining to the rezone application and related environmental assessment is final. NOTE: Government Code Section 65091 (Planning and Zoning Law) requires that this notice be sent to owners of property within 300 feet of the subject property. The City of Fresno Planning and Development Department mails this notice to the property owners within 350 feet. For additional information, contact Mike Sanchez, Planning and Development Department, Planning Division, City Hall, 2600 Fresno Street, Fresno, California 93721-3604, by telephone at (559) 621-8040, or via e-mail at Mike.Sanchez@fresno.gov. NICK P. YOVINO, Director REBECCA E. KLISCH Planning and Development Department City Clerk Dated: July 15, 2005 Assessor's Parcel No. 311-050-6, 18, 26 and 27 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12241 The Fresno City Planning Commission, at its regular meeting on July 13, 2005, adopted the following resolution relating to Rezone Application No. R-05-21. WHEREAS, Rezone Application No. R-05-21 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-2/UGM(Low Density Multiple Family Residential/Urban Growth Management) zone district EXISTING ZONING: AE-5/UGM (Exclusive Five Acre Agricultural District/Urban Growth Management) zone district APPLICANT: Robert Larsen LOCATION: The south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues. APN: 311-081-6, 18, 26, 27 LEGAL DESCRIPTION: From AE-5/UGM to R-2/UGM: Parcel 1 A: a portion of APN 311-091-06 The East 2'/z acres of the North half of the East half of the Northwest quarter of the Northwest quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 1 B: a portion of APN 311-081-06 The West 1 acre of the East 3 % acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 2: APN 311-081-18 The North Half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Excepting therefrom the East 3 '/2 acres thereof and also excepting therefrom the West 3 acres thereof. Parcel 3: APN 311-081-26 The North one acre of the West three acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. r Planning Commission Resolution No. 1212241 Rezone Application No. R-05-21 July 13, 2005 Page 2 Parcel 4: APN 311-081-27 The West 3 acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23,Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. WHEREAS,the above-named applicant is requesting a zoning change on the above property in orderto allow for a proposed 79-lot single family residential planned unit development; and, WHEREAS, the West Area Plan Advisory Committee reviewed the application on May 2, 2005 and recommended approval; and, WHEREAS,the Fresno City Planning Commission on July 13, 2005, reviewed the subject rezone application in accordance with the policies of the West Area Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the July 13, 2005, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change; and, WHEREAS, no neighbors spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-05-21 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 16, 2005, prepared for Environmental Assessment No. R-05-21/T-5489/C-05-91. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes - Vang, Cherry, Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduo ���DATED: July 13, 2005 NICKda, Secretary Fresno City Planning Commission Resolution No. 12241 Rezone Application No. R-05-21 Filed by Robert Larsen Action: Recommend Approval KAMaster Files-2005VREZONE\R-05-21-13C Reso.doc c FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12242 The Fresno City Planning Commission at its regular meeting on July 13, 2005, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of Califomia and the Municipal Code of the City of Fresno. WHEREAS, Vesting Tentative Tract Map No. 5489/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 79-lot single family residential planned unit development on approximately 10 acres of land located on the south side of West Ashlan Avenue between North Comelia and North Blythe Avenues; and, WHEREAS, the West Area 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 July 13, 2005; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on July 13, 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. 5489/UGM may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)dated June 16, 2005, prepared for Environmental Assessment No. R-05-21/T-5489/C-05-91. 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. 5489/UGM subject to the Planning and Development Department Conditions of Approval dated July 13, 2005. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. Ayes - Vang, Cherry, Kisssler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduo r DATED: July 13, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12242 Vesting Tentative Tract Map No. 5489/UGM Filed by Robert Larsen Action: Approve with conditions K:Waster Files-2005VREZONE\R-05-21-T-5489 PC Reso.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO.12243 The Fresno City Planning Commission at its regular meeting on July 13, 2005, adopted the following resolution relating to Conditional Use Permit Application No. C-05-91. 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 79 lots within the site of Vesting Tentative Tract Map No. 5489/UGM from the required R-2 zone district standard minimums. PROPERTY DESCRIPTION: Located on the south side of West Ashlan Avenue between North Cornelia and North Blythe 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 July 13, 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-05-91 will not have a significant effect on the environment as identified by the Finding of Conformity to MEIR No. 10130 dated June 13, 2005, prepared for Environmental Assessment No. R- 05-21/T-5489/C-05-91. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Conditional Use Permit Application No. C-05-91 subject to the Planning and Development Department Conditions of Approval dated July 13, 2005 (as revised) for Conditions Nos. 16 and 52 as agreed to by the project applicant. Planning Commission Resolution No. 12243 Conditional Use Permit Application No. C-05-91 July 13, 2005 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes - Vang, Cherry, Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduo � Z�Wg� DATED: July 13, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12243 Conditional Use Permit Application No. C-05-91 Filed by Robert Larsen Action: Approve with conditions as noted above KAMaster Files-Tract Maps\Tract 5489\C-05-91-PC Reso City of rnllc :�� 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 1, 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 COUNCIL AND FRESNO CITY PLANNING COMMISSION REGARDING REZONE APPLICATION NO. R-05-21, VESTING TENTATIVE TRACT MAP NO. T-5489 AND CONDITIONAL USE PERMIT NO. C-05- 91 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WEST ASHLAN AVENUE BETWEEN NORTH CORNELIA AND NORTH BLYTHE AVENUES The Fresno City Council conducted a duly noticed public hearing on July 26, 2005, to consider Rezone Application No. R-05-21. This application relates to the proposed development of a 79-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 Council adopted Ordinance No. 2005-80, relating to the above application as follows: 1. ADOPTED Ordinance Bill No. 2005-80 (enclosed) that rezones 10.0 acres of the subject property from the AE-5/UGM (Five Acre Agriculture Exclusive/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management)zone district. Please be advised that the Ordinance Bill shall become effective and in full force at 12:01 a.m., thirty- one days after its passage. The Fresno City Planning Commission previously conducted a duly noticed public hearing on July 13, 2005, to consider Rezone Application No. R-05-21, Vesting tentative Tract Map No. T-5489 and Conditional Use permit No. C-05-91. The Planning Commission recommended approval to the City Council Rezone Application No. R-05- 21 (Commission Resolution No. 12441). The Commission also approved Vesting Tentative Tract Map No. T-5489 (Commission Resolution No. 12442) and Conditional use Permit No. C-05-91 (Commission Resolution No. 12443). 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. ' Lars Anderson and Associates Rezone Application No. R-05-21 Vesting Tentative Tract Map No. T-5489 Conditional Use Permit Application No. C-05-91 Page 2 August 1, 2005 Sincerely, PLANNING DIVISION Mike Sanche Supervising Planner K:\Master Files-2005\—Rezone\R-05-21-MS\Fina1 Action Letter.wpd Enclosures: Ordinance Bill No. 2005-80 Planning Commission Resolution Nos. 12441, 12442, and 12443 c: Fresno County Assessor Robert Larsen H&P Properties Inc. JAF Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder=s Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY Boyajian SECONDED BY ester and BILL NO. B-79 ORDINANCE NO. 2005-80 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS,Rezone Application No. R-05-21 has been filed by Robert Larsen,property owner,with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS,the West Area Plan Advisory Committee considered this application at its meeting of May 2, 2005, and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4,Chapter 12,of the Fresno Municipal Code,the Planning Commission of the City of Fresno held a public hearing on the 13th day of July, 2005, to consider Rezone Application No. R-05-21 and related Environmental Assessment No. R-05-21/T-5489/C- 05-91, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district; and, �L� ,S dos - c Ordinance Amending OffiL,,di Zone Map Rezone Application No. R-05-21 Page 2 WHEREAS, the Council of the City of Fresno, on the 26th day of July, 2005, received the recommendation of the Planning Commission. NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 13, 2005, prepared for Environmental Assessment No. R-05-21/T-5489/C-05-91. Accordingly, Environmental Assessment No. R-05-21/T-5489/C-05-91 is hereby approved. SECTION 2. The Council finds the requested R-2/UGM zone district is consistent with the existing medium high density residential land use designations of the 2025 Fresno General Plan and the West Area Community Plan as specified in Section 12-403-B of the-Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the County of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management)zone district. From AE-5/UGM to R-2/UGM: Parcel 1A: a portion of APN 311-091-06 The East 2 % acres of the North half of the East half of the Northwest quarter of the Northwest quarter of Section 23,Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 113: a portion of APN 311-081-06 The West 1 acre of the East 3'/z acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23,Township 13 Ordinance Amending OffiL.—, Zone Map Rezone Application No. R-05-21 Page 3 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 2: APN 311-081-18 The North Half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Excepting therefrom the East 3 '/2 acres thereof and also excepting therefrom the West 3 acres thereof. Parcel 3: APN 311-081-26 The North one acre of the West three acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 4: APN 311-081-27 The West 3 acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23,Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. r CLERK=S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 26th day of July , 2005, by the following vote: Ayes: Boyajian, Calhoun, Duncan, Perea, Sterling, Westerlund, Dages Noes: None Absent: None Abstain: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTU MONTOY City Attorlpey By 4Depu Rezone Application No. R-05-21 Filed by Robert Larsen Assessors Parcel No. 311-081-06, 18, 26, 27 KAMaster Files-2005VREZONEIR-05-2Ik CC Ordinance Bill FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12241 The Fresno City Planning Commission, at its regular meeting on July 13, 2005, adopted the following resolution relating to Rezone Application No. R-05-21. WHEREAS, Rezone Application No. R-05-21 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-2/UGM(Low Density Multiple Family Residential/UrbanGrowthManagement) zone district EXISTING ZONING: AE-5/UGM (Exclusive Five Acre Agricultural District/Urban Growth Management) zone district APPLICANT: Robert Larsen LOCATION: The south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues. APN: 311-081-6, 18, 26, 27 LEGAL DESCRIPTION: From AE-5/UGM to R-2/UGM: Parcel 1 A: a portion of APN 311-091-06 The East 2 %Z acres of the North half of the East half of the Northwest quarter of the Northwest quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 1 B: a portion of APN 311-081-06 The West 1 acre of the East 3 % acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23,Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Parcel 2: APN 311-081-18 The North Half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. Excepting therefrom the East 3 %Z acres thereof and also excepting therefrom the West 3 acres thereof. Parcel 3: APN 311-081-26 The North one acre of the West three acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. i a Planning Commission Resolution No. 1212241 Rezone Application No. R-05-21 July 13, 2005 Page 2 Parcel 4: APN 311-081-27 The West 3 acres of the North half of the East half of the Northwest Quarter of he Northwest Quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plats. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed 79-lot single family residential planned unit development; and, WHEREAS, the West Area Plan Advisory Committee reviewed the application on May 2, 2005 and recommended approval; and, WHEREAS, the Fresno City Planning Commission on July 13, 2005, reviewed the subject rezone application in accordance with the policies of the West Area Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the July 13, 2005, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change; and, WHEREAS, no neighbors spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-05-21 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 16, 2005, prepared for Environmental Assessment No. R-05-21/T-5489/C-05-91. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes - Vang, Cherry, Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduoR � DATED: July 13, 2005 K YCVINO, Secretary Fresno City Planning Commission Resolution No. 12241 ` Rezone Application No. R-05-21 Filed by Robert Larsen Action: Recommend Approval KAMaster Files-2005VREZONEIR-05-21-PC Reso.doc f 4 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12242 The Fresno City Planning Commission at its regular meeting on July 13, 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. 5489/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 79-lot single family residential planned unit development on approximately 10 acres of land located on the south side of West Ashlan Avenue between North Cornelia and North Blythe Avenues; and, WHEREAS, the West Area 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 July 13, 2005; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on July 13,2005,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. 5489/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(MSIR No. 10130)dated June 16, 2005, prepared for Environmental Assessment No. R-05-21/T-5489/C-05-91. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map subject to Section 12-403-6 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. 5489/UGM subject to the Planning and Development Department Conditions of Approval dated July 13, 2005. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. Ayes - Vang, Cherry, Kisssler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduo DATED: July 13, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12242 Vesting Tentative Tract Map No. 5489/UGM Filed by Robert Larsen Action: Approve with conditions K:\Master Files-2005VREZONE\R-05-21-T-5489 PC Reso.doc s l y FRESNO CITY PLANNING COMMISSION RESOLUTION NO.12243 The Fresno City Planning Commission at its regular meeting on July 13, 2005, adopted the following resolution relating to Conditional Use Permit Application No. C-05-91. 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 79 lots within the site of Vesting Tentative Tract Map No. 5489/UGM from the required R-2 zone district standard minimums. PROPERTY DESCRIPTION: Located on the south side of West Ashlan Avenue between North Cornelia and North Blythe 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 July 13, 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-05-91 will not have a significant effect on the environment as identified by the Finding of Conformity to MEIR No. 10130 dated June 13, 2005, prepared for Environmental Assessment No. R- 05-21/T-5489/C-05-91. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Conditional Use Permit Application No. C-05-91 subject to the Planning and Development Department Conditions of Approval dated July 13, 2005 (as revised) for Conditions Nos. 16 and 52 as agreed to by the project applicant. i ` Planning Commission Resolution No. 12243 Conditional Use Permit Application No. C-05-91 July 13, 2005 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Cherry. VOTING: Ayes - Vang, Cherry, Kissler, Vasquez, Brand Noes - None Not Voting - None Absent - DiBuduo DATED: July 13, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12243 Conditional Use Permit Application No. C-05-91 Filed by Robert Larsen Action: Approve with conditions as noted above KAMaster Files-Tract Maps\Tract 5489\C-05-91-PC Reso