HomeMy WebLinkAboutT-5492 - Conditions of Approval - 7/5/2006 CRY Of
REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII—C
n
COMMISSION MEETING: 11/2/05
APPROVED BY
November 2, 2005
DEPARTMENT Dl
VItl—
FROM: STAFF, Planning Division fvgo
Planning and Development Department
SUBJECT: VESTING TENTATIVE TRACT MAP APPLICATION NO. 5492,
CONDITIONAL USE PERMIT APPLICATION NO. C-05-084, AND
ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT
NO. T-5492/C-05-084
EXECUTIVE SUMMARY
Vesting Tentative Tract Map Application No. T-5492 and Conditional Use Permit Application
No. C-05-084 propose to create a planned development on approximately 36.5 acres comprised
of three parcels zoned located on the south side of East Church Avenue, west of South Elm
Avenue. The subject property is currently zoned R-1 (Single-Family Residential District) and
R-2-A/cz (Low Density Multiple Family Residential District, One Story/conditions of zoning). The
tract map proposes 203 single family residential parcels and five outiots for open space and
recreation purposes (a small park and pedestrian trail), with concomitant grading and installation
of related infrastructure to serve this project. Conditional Use Permit Application No. C-05-084
proposes to establish this tract as a planned development with reduced-size lots, modified
building setbacks, specified home designs, and open space landscaping. This property is
designated for medium and medium-high density residential use in the 2025 Fresno General
Plan and Edison Community Plan. The most easterly portion of the project site, the portion
zoned R-2-A/cz and planned for medium-high density use, is located within the Edison Merger II
Redevelopment Plan area. The vesting tentative tract map and conditional use permit
applications are recommended for approval by staff and by the Edison Merger II Advisory
Committee, which reviewed this project-on July-18 and August 15, 2005 and recommended
approval at both meetings.
PROJECT INFORMATION
PROJECT: A 203-lot planned development single-family subdivision
APPLICANT: Subdivider of record/owner: LZR, Inc.
Applicants' representative: Quad Knopf, Inc.
LOCATION: APNs 479-020-36, -49, and -50
South side of East Church Avenue on the west side
South Elm Avenue
(Council District 3, Cynthia Sterling)
SITE SIZE: 36.5 acres gross; 9.5 acres net after dedication of West
San Jose Avenue (collector street)
LAND USE: Existing—Vacant and uncultivated
Proposed - Single Family Residential Development
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 2
November 2, 2005
PLAN DESIGNATION In the adopted 2025 Fresno General Plan and Edison
AND CONSISTENCY: Community Plan, the subject property was assigned
medium density residential and medium-high density
residential land uses. The proposed subdivision is
consistent with these plan designations per Fresno
Municipal Code §12-403-B-2.b(1)
EXISTING ZONING: R-1 (Single-Family Residential District), and
R-2-A/cz (Low Density Multiple Family Residential
District, One Story/conditions of zoning)
ENVIRONMENTAL FINDING: Finding of Conformity, filed on October 13, 2005 and
noticed in the Fresno Bee on that same day.
PLAN COMMITTEE Edison Merger li Advisory Committee recommended
RECOMMENDATION: approval on July 18 and August 15, 2005
STAFF RECOMMENDATION: Approval of project, subject to compliance with the
conditions listed below in the attached Tract Map
Conditions and Special Permit Conditions, and
conformance with mitigation measures of MEIR 10130
as outlined in the mitigation checklist prepared for
Environmental Assessment No. T-5492/C-05-084
BORDERING PROPERTY INFORMATION
„ , PLANNED LAND USE EXISTING ZONING EXISTING USE
Medium Density R-1
Residential Single Family Residential District
Single family neighborhood,
NORTH and and some developed with a single
tract and some developed on
R-2-A, pre-existing lots
Medium-High Density Low Density Multiple Family
Residential Residential District, One Story
R-A,
Residential and Agricultural District
EAST Medium High Density Mixed residential and heavy
Residential C-6 commercial uses
Heavy Commercial District
(continued on next page)
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 3
November 2, 2005
PLANNED LAND USE EXISTING ZONING EXISTING USE
Medium-Density R-A,
Residential Residential and Agricultural District
Vacant and rural residential
SOUTH and and land; seasonal agricultural use
for field crops
Medium High Density C-6,
Residential Heavy Commercial District
Open Space/ R-A, FMFCD Ponding Basin "II1"
Ponding Basin Residential and Agricultural District
WEST and and and
Medium Density
Residential R-1. Single-family residential
Single Family Residential District neighborhood
ENVIRONMENTAL FINDING
The initial study conducted for Environmental Assessment (EA) No. T-5492/C-05-084 considered
potential environmental impacts associated with the subject subdivision and conditional use permit. The
study indicates that these applications, if approved, would create a project that conforms to the land use
designation and policies (the Urban Form Element) of the 2025 Fresno General Plan and updated
Edison Community Plan and that potential environmental impacts associated with this project would be
within the scope of the City of Fresno's Master Environmental Impact Report (MSIR) No. 10130
prepared and certified for the General Plan and Bullard Community Plan updates. A Finding of
Conformity with MEIR No. 10130 was filed on October 13, 2005. The Finding of Conformity incorporates
a Mitigation Monitoring Checklist. A notice of this environmental finding was initially published in the
Fresno Bee on October 13, 2005. No appeals or comments have been received as of October 31,
2005.
BACKGROUND / ANALYSIS
Vesting Tentative Tract Map No. T-5492 proposes a single-family residential subdivision to be
developed as a planned development, consisting of 203 lots in its present configuration. The site for the
subdivision is 36.5 acres in size, consisting of three parcels (Assessor's Parcel Numbers/
APNs 479-020-36, -49, and -50) and is within the corporate boundaries of the city of Fresno. The
project site is not located in the Urban Growth Management Area, and is currently vacant and
uncultivated. This property was formerly subdivided by a tentative tract map which expired; however,
three parcels on the northern side of that tract map were developed in the mid-1980s as model homes
fronting on East Church Avenue and the subdivision of those lots was perfected through Parcel Map
No. 85-59. The Vesting Tentative Tract 5492 map and conditional use permit exhibits have been
revised in consultation with staff from the Planning and Development Department and Public Works
Department, in part to address City of Fresno Redevelopment Agency (RDA) staff concerns (see
following section regarding those comments).
REPORT TO THE PLANNING COMMISSION
- Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 4
November 2, 2005
Notices of the Planning Commission hearing on this proposed subdivision and conditional use permit
were mailed to all property owners having land within a 420-foot radius of the boundaries of the
proposed tract map. These notices were mailed on Thursday, October 20, 2005, using Fresno
County Assessor's records of designated property tax bill recipients to obtain the mailing list. No
appeals or comments have been received pursuant to this notice, only a few inquiries from neighbors
as to the type of development being proposed and whether it would include any land owned by
neighboring properties.
Notices were also sent to West Fresno School District, Washington Union High School District, the
Fresno Redevelopment Agency and to the Edison Merger II Advisory Committee. School
construction fees will be collected pursuant to the adopted fees of the school districts, and for the
portion of the subdivision within the adopted Southwest Fresno GNRA Redevelopment Plan Area, tax
increment will accrue to the RDA.
Fresno Redevelopment Agency
The RDA staff recommended denial of the proposed subdivision (please refer to the attached
comments, dated 9-1-05). The first comment stated that the reduced lot size requested by
Conditional Use Permit Application No. C-04-084 would reduce available open space in a manner not
compensated for by the proposed mini-park and trail incorporated into the project. Planning and
Development Department staff disagrees with the conclusion that reduced lot size would cause a net
loss of 1.4 acres of open space for tract residents. Open space on a residential parcel is not limited
solely by lot size; it depends more on the allowable lot coverage. None of the proposed homes will
be permitted to exceed the R-1 zone district's limit of forty-five percent coverage of total lot area.
The RDA recommended that minimum lot size be 6,000 sq. ft. While this project has been applied for
as a planned development that would modify the R-1 zone district minimum lot size of 6,000 sq. ft.,
the project does not provide for all lots to be reduced in size, nor does it request the maximum degree
of allowable reduction. Only one lot in the proposed subdivision is proposed to be less than
5,000 sq. ft. (Lot 77, 4,971 sq. ft.). Twenty-six (12.8%) of the tract lots, located on corners and on the
Kaviland Avenue cul-de-sac, exceed the R-1 district's minimum lot size; 22 of these proposed lots are
over 7,000 sq. ft. in size.
A requirement for all lots to be at least 6,000 sq. ft. in size would make it more difficult for this
subdivision to be found consistent with the 2025 Fresno General Plan and the site's existing zoning,
given that a portion of the tract is planned and zoned for medium-high residential density.
Establishing a 6,000 sq. ft. minimum lot size, or limiting the percentage of reduced-size lots, is not
required by policies of the Edison Community Plan and would contravene the 2025 General Plan's
goal of facilitating moderate increases in density to make better use of land. It would interfere with
the developer's stated goal of providing affordable single-family housing accessible to families which
live in the area. If this tract were a standard subdivision with 6,000 sq. ft. lot sizes, there would be no
apparent reason to establish it as a planned development with related amenities.
The RDA staff also commented that the trail should be "freestanding and separated from residential
lots." This is contrary to the basis of providing pedestrian trails, which are intended to allow for
residents to easily access pedestrian trails and to be able to freely observe the trails to help prevent
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 5
November 2,.2005
unwanted activity. The subdivision design has proposed most of the trail to be sited adjacent to a
local street (East Grove Avenue) and in the southerly part of the on-site mini-park.
The fourth comment made by the RDA staff was that the outlot provided for on-site park purposes
should be increased in size, or a second outlot should be provided. Planning staff, the developer,
and the developer's engineers have worked on several versions of project revisions, and have arrived
at a design which increases the size of the mini-park to over 38,000 sq. ft. (about 0.87 acre). This
outlot is surrounded by local streets to provide for good supervision. Having multiple mini-parks
would make it more difficult for families to locate and supervise children, and would increase the cost
of maintenance of open space in the subdivision.
Edison Merger 11 Advisory Committee
This Committee considered this project twice, on July 18 and August 15, 2005 (see attached excerpts
of Committee minutes from the definitive vote on August 15). The applicant and his representatives
reviewed and addressed Committee concerns, and the project was recommended for approval.
Land Use
There are two land use designations applicable to the subject property: the medium-density
residential designation applies to portions of the site that are located west of the Geneva Avenue
alignment (approximately 35.55 acres of the tract), and the medium-high density residential land use
designation is applicable to the 1.75± acres (4.8% of tract area) located east of the Geneva Avenue
alignment. The land use and zoning consistency matrix of the 2025 Fresno General Plan (General
Plan Table 2) indicates that the medium density residential use land use designation allows
4.99 to10.37 dwelling units per acre, and the medium-high density residential designation allows
10.38 to 1815 dwelling units per acre. The proposed subdivision would yield 5.5 dwelling units per
acre, due primarily to the area set aside for local streets and on-site open space incorporated into the
project. Fresno Municipal Code Section 12-403-B-2.b(1) allows residential projects to be held
consistent if they yield a density one step lower than the planned residential density.
Vesting Tentative Tract Map No. 5492
The proposed subdivision would implement the site's planned land use and zoning. The R-1 zone
district provides for single-family residential development, and the R-2-A/cz zone district (applicable to
approximately 1.5 acres of the tract site) allows single-family residential development with a building
height limit of one story. This project provides for completion of the planned urban infrastructure and
development pattern in the area. It may be considered an infill project, in that it would build out
vacant parcels south of a long-term residential area on the north side of East Church Avenue and
between Tract 1150 (the Lincoln Heights subdivision) and South Elm Avenue (a major transportation
facility extensively developed with commercial uses along its frontage).
REPORT TO THE PLANNING COMMISSION
- Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 6
November 2, 2005
Subdivision Lot Sizes and Dimensions
Vesting Tentative Tract Map No. T-5492 is consistent with the subject property's existing R-1 and
R-2-A/cz zoning and with 2025 Fresno General Plan goals for efficient land use, compact
development and aesthetics. Pursuant to the conditional use permit application that would
establish this tract as a planned development, the lot sizes proposed meet planning and zoning
requirements. The subdivision contains a range of lot sizes from 4,971 to 10,156 sq. ft., with the
majority of the lots 5,000 sq. ft. in size. This presents a range of affordable housing opportunities,
consistent with the City of Fresno's Housing Element goals and policies.
Streets and Circulation
The Public Works Department Engineering Division Transportation Planning Section has
reviewed this proposed development and has determined that the streets relating to the site will
be able to carry the quantity and kind of traffic generated. This project will help to complete the
local street circulation system in the neighborhood by constructing connections to East Church
Avenue, South Elm Avenue, and to Tract 1150 to the west.
Pursuant to mitigation measures of MSIR No. 10130 prepared for the 2025 Fresno General Plan,
a traffic impact study was prepared for this project by Peters Engineering Group. That study,
dated May 27, 2005, described area infrastructure and estimated the potential effects of this
project on local circulation.
The original accepted version of this vesting tentative tract map, evaluated by Peters Engineering
Group, had 205 residential lots and one local street connection to East Church Avenue. The
Public Works Department reviewed this study and prepared a letter concurring with it and making
two comments on it. In early October, the proposed tract map was revised to show 203
residential lots and two local street connections to East Church Avenue. These changes have
been reviewed by the Public Works Department Engineering Division Traffic Engineering Section,
and it has been determined that the traffic impact study does not need to be revised. The letter
memorializing tract map conditions has been revised.
Standard traffic capacity evaluations for four-lane undivided collectors state that 24,000 average
vehicle trips daily (VTD) may be accommodated by East Church Avenue when it is fully improved
to the collector street standard, and that 10,000 VTD can be accommodated by that street in a
two-lane undivided condition. According to the above traffic impact study, the proposed
subdivision would generate approximately 2,014 VTD, and that peak travel associated with this
project will be 154 A.M. and 208 P.M. trips. The Council of Fresno County Governments'
2003 Fresno Regional Traffic Modeling Report relates that the segment of East Church Avenue
between Martin Luther King Jr. Boulevard and Elm Avenue had 2,130 westbound VTD (1999 City
of Fresno data, the most recent in the Traffic Modeling Report). Appendix B of MEIR No. 10130
(prepared for the 2025 Fresno General Plan) contains the results of traffic modeling conducted for
full buildout of the General Plan. Year 2002 traffic volume for the segment of Church Avenue
between Fig and Elm Avenues was estimated as 4,560 VTD. At full buildout of the General Plan
in Year 2025, future traffic volume is estimated to be 10,250 VTD. In both cases, this collector
street would maintain a Level of Service (LOS) C in its planned four-lane configuration. This is an
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No.T-5492, Conditional Use Permit Application No. C-05-084
Page 7
November 2, 2005
acceptable LOS according to 2025 Fresno General Plan policies. Therefore, this project would
not generate traffic that would exceed the current or future capacity of East Church Avenue.
Standard traffic capacity evaluations for four-lane divided arterial streets state that 32,000 VTD
may be accommodated by South Elm Avenue, which is already improved to its planned four-lane
width in the vicinity of the project. The Council of Fresno County Governments' 2003 Fresno
Regional Traffic Modeling Report relates that the segment of South Elm Avenue south of
California Avenue had 3,541 northbound VTD and 3,207 southbound VTD (2000 City of Fresno
traffic count data, the most recent in the Traffic Modeling Report). Appendix B of MEIR No. 10130
(prepared for the 2025 Fresno General Plan) contains the results of traffic modeling conducted for
full buildout of the General Plan. At full buildout of the General Plan in Year 2025, future traffic
volume on the segment of Elm Avenue between Church and Jensen Avenues is estimated to be
11,830 VTD. This arterial street would maintain a Level of Service (LOS) C in its planned four-
lane configuration, as acceptable-LOS according to General Plan policies. Therefore, this project
would not generate traffic that would exceed the current or future capacity of South Elm Avenue.
The project would complete the right-of-way for East Grove Avenue, linking this subdivision to
South Elm Avenue. The Traffic Impact Study stated that the intersection of East Grove and South
Elm Avenues would not function at an acceptable level of service. As a mitigation to prevent
excessive queuing and delays, the Traffic Engineering Section is recommending that left turns
from East Grove Avenue onto northbound Elm Avenue be prevented.
California Department of Transportation
The California Department of Transportation District 6 Office of Transportation Planning
("Caltrans") submitted comments on this project in a letter dated July 12, 2005 (copies are
attached to tract map and special permit conditions). This letter affirmed the findings of the
project-specific traffic impact study and noted that five project trips would impact the State
Route (SR)41 and SR 99 interchanges at East Jensen Avenue. Therefore, Caltrans is requesting
$2,635 to mitigate these impacts by providing an additional turn lane at the SR 99 northbound
offramp to Jensen Avenue. Caltrans also recommends transit alternatives for this project, and
that the project be routed to Fresno Area Express (FAX)for review and comment.
The City considered Caltrans' comments in preparing the initial study, and has determined that
this project does not create any impacts, including cumulative impacts, that were not identified in
the MEIR. Therefore, City staff recommends that a Finding of Conformity is appropriate. The
tract map and conditional use permit applications were routed to FAX for review. FAX had no
comments or suggested conditions. Cumulative traffic impacts and air quality impacts have
already been analyzed, and determinations made on these impacts, feasible mitigations for them,
and over-riding considerations, with the certification of Final Master Environmental Impact Report
(MEIR) No. 10130 for the 2025 Fresno General Plan. This project is consistent with the 2025
Fresno General Plan and does not intensify land uses analyzed in that MEIR.
Although the legal obligations for addressing impacts to the transportation system for purposes of
CEQA have been met through MEIR No. 10130, the City has not ruled out working with Caltrans
to develop a legally permissible means for collecting impact fees from development projects for
the state highway system. A legally permissible means for collecting impact fees under the
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 8
November 2, 2005
Mitigation Fee Act (California Government Code §§ 60000 et seq.) among other things, would
require a capital improvement plan, a nexus/rough proportionality study that demonstrated a
property owner/developer's proportionate share of costs to those capital improvements, and an
accounting system for using funds collected. Caltrans District 6 has provided the City of Fresno
with information regarding their standard practices for collecting and accounting for impact fees.
Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno
County Council of Governments and Caltrans on a regional study for the greater Fresno-Clovis-
Madera Metropolitan area. This study may provide the nexus/rough proportionality study
necessary for determining a developer's proportionate responsibility for capital improvements to
the state highway system. In addition to a proportionate share study, a mechanism would be
needed for the City to collect monies and to either hold those monies, or hand over those monies
to a separate agency, for improvements to facilities the City does not control or maintain. The
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, entering into a Joint Powers Authority,
Memorandum of Understanding, or other similar agreement. In the case of this project, the
applicant is not objecting to the mitigation fee proposed by Caltrans and project conditions have
been added relating to this fee and a City-Caltrans agreement.
The Caltrans letter also suggested that a transit alternative should be considered for this project.
The project is located in reasonable proximity to FAX Routes 32 and 38. Due to its location and
size, it would not be appropriate to incorporate a bus stop or public park-and-ride lot in the project.
The project includes provisions for pedestrian access, including a trail that shortens pedestrian
trips to South Elm Avenue. When the project is developed and the homes are occupied, it is
anticipated that the owners may make some arrangements for vanpool and carpooling, as their
schedules and employment locations may make feasible, but it is not possible for a subdivider to
make these arrangements before homes are sold.
LandscapingMalls
This development is required to install masonry walls with ten-foot wide landscape setbacks as
backup treatment along East Church, South Elm, and South Clara Avenues, pursuant to Fresno
Municipal Code requirements. Corner cutoffs and extension of these walls along local streets are
required where local streets intersect major streets and the lots abutting these local streets have a
waiver of direct access to the local street.
A masonry wall is also required to be constructed around three pre-existing residential parcels
previously subdivided along East Church Avenue. These three parcels were permitted to develop
with direct access to East Church Avenue. Because these parcels are not a part of Vesting
Tentative Tract Map No. 5492, nor remainder lots, it cannot be mandated that they be re-oriented
to take access from the local street at this time. However, the tract map conditions contain a
provision which would allow these lots to someday be re-oriented so that they would have local
street access onto the tract local street on their southerly sides.
The applicant proposes to incorporate a 0.87-acre mini-park into the subdivision ("Outlot C") and
to provide a trail fifteen to thirty feet wide from the intersection of East Grove and South Clara
Avenues to the intersection of East Grove and South Ivy Avenues. The mini-park, trail, and major
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 9
November 2, 2005
street landscape strips are required to be maintained by a Community Facilities District (CFD) or
by a homeowner's association; this will be determined prior to approval of the Final Map for Tract
5492. Individual property owners will be responsible for maintenance of their private front yard
landscaping and street trees (the Fresno Municipal Code requires that all landscaping be kept
healthy and in good condition).
Public Utilities
The tract will be served by, and is required to connect to, water and sewer mains already installed
in the abutting major streets. By installing install water and sewer lines in East Grove Avenue, the
proposed subdivision will help to complete the City's utility network and to serve this project, and
is required to provide individual water services and sewer house branches to each parcel.
There is.amexisting 15-foot easement traversing the property from east to wesi, approximately on
the East Grove Avenue alignment, to accommodate a special winery waste line. No domestic
wastewater connections are permitted to this line. The applicant is including the winery waste line
easement in the proposed trail alignment.
The Department of Public Utilities is requiring that a water well site (City pump station) be
dedicated for development of this tract, at a location acceptable to the Water Division Manager.
The pump station location could be off-site (perhaps on the adjacent ponding basin, with the
permission of Fresno Metropolitan Flood Control District), or it could be on-site (perhaps a portion
of Outlot C). The exact location of the future well site is to be determined with the Final Tract Map
application, because the Water Division requires test drilling to verify adequate supply and quality
of water prior to selecting a pump station location.
Fresno Metropolitan Flood Control District (FMFCD) and Fresno Irrigation District (FID) have
reviewed this project. FID has no facilities on the subject property and has submitted no
comments. The project is consistent with FMFCD's Master Drainage Plan. FMFCD has
submitted requirements, reflected in tract map and Conditional Use Permit conditions. With
construction of a storm drain facilities required by FMFCD, there will be no need for a temporary
on-site basin. The project is required to pay $97,211 in drainage fees (current fee rate), all or part
of which may be offset by construction of master planned facilities.
Tract Map Findings
The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a
proposed subdivision not be approved unless the map, together with its design and
improvements, is found to be consistent with the General Plan and any applicable specific plan
(Finding No. 1 below). State law further provides that the proposed subdivision map be denied if
any one of Findings Nos. 2 through 5, below, is made in the negative. In addition, State law
requires that a subdivision be found to provide for future passive and natural heating or cooling
opportunities in the subdivision development (Finding No. 6 below).
1. From the responses of responding agencies and staff reviews, the proposed
subdivision map, together with its design and improvements, is consistent with the
2025 Fresno General Plan and the Edison Community Plan because the land use
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 10
November 2, 2005
element diagrams of these plans designate the site for Medium Density and Medium-
High Density Residential land uses and Fresno Municipal Code Section 12-403-B-
2.b(1) allows the proposed 5.5 dwelling unit per acre density of the project. The
project design meets the applicable General and Community plan policies and
zoning ordinance criteria for development, provided that Conditional Use Permit
Application No. C-05-084 is approved to allow this project to be developed as a
planned development with reduced lot sizes.
2. This site is physically suitable for the proposed type and density of development
because conditions of approval will insure adequate vehicular and pedestrian access
and drainage on and off the site.
4. The proposed subdivision design and improvements are not likely to cause
substantial and considerable damage to the natural environrnent, including fish,
wildlife or their habitat, because of the urbanized nature of the area in which the site
is located and the area's long-term developed uses for agriculture and residential
development.
5. The proposed subdivision design and improvements are not likely to cause serious
public health and safety problems, because the conditions of approval will insure
that the subdivision conforms with City health and safety standards including (but not
limited to) connections to sanitary sewer service and connections to a large
community water system utility for each dwelling.
6. The proposed subdivision design will not conflict with necessary public easements
within or through the site, because conditions of approval will assure preservation of
the winery waste line easement. Conditions of approval will assure that the existing
utility infrastructure is protected. Based on a review of the proposed project and the
adopted Circulation Element of the General Plan by the Public Works Department's
Traffic Engineering Division, the site for the proposed use relates to streets and
highways adequate in width and pavement type to carry the quantity and kind of
traffic generated by the proposed use. The site will complete and take most access
from East Church and South Elm Avenues, a collector and an arterial street,
respectively, whose traffic volumes currently do not approach the designated
capacity for this level of street. The projected traffic volume from this project will not
cause these streets to exceed their planned capacities and will not cause their
Levels of Service to deteriorate below adopted City standards.
7. The design of the subdivision provides, to the extent feasible, for future passive and
natural heating or cooling opportunities in the subdivision, because of the
appropriate use and placement of landscaping plant materials and because of the
orientation of the proposed lots.
The subdivision map, subject to the recommended conditions of approval and subject to approval
of Conditional Use Permit Application No. C-05-084, complies with the design and property
development standards of the Zoning Ordinance and the local Subdivision Ordinance. Based
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No.T-5492, Conditional Use Permit Application No. C-05-084
Page 11
November 2, 2005
upon the plans and information submitted by the applicant and recommended conditions of
project approval, staff has determined that these findings can be made.
Subdivision Conditions of Approval
1. Development shall take place in accordance with Vesting Tentative Tract Map
No. 5492 exhibit dated October 20, 2005 (as it is required to be corrected to reflect
street name changes required by the City).
2. Development shall take place in accordance with the proposed Conditions of
Approval for Vesting Tentative Tract No. 5492, dated November 2, 2005 and with
final corrected conditional use permit Exhibits as required by Conditional Use Permit
No. C-05-084 special permit conditions.
3. Development shall take place in accordance with the Master Environmental Impact
Report (MEIR) mitigation measures identified in the Finding of Conformity with the
2025 Fresno General Plan MEIR made pursuant to Environmental Assessment
No. T-5492/C-05-084, dated October 13, 2005.
Planning Commission action on Vesting Tentative Tract Map No. 5492 and Tract Map Conditions
shall be final unless the Commission's decision is appealed to the City Council.
Conditional Use Permit Application No. C-05-084
Conditional Use Permit Application No. C-05-084 proposes that Vesting Tentative Tract 5492 be
developed as a planned development, with modified lot sizes, setbacks, specified house plans, and
on-site open space in the form of a mini-park and a pedestrian trail. The applicant proposes a project
which will ensure two covered parking spaces for each dwelling unit, to address concerns regarding
vehicle storage. Planning and Development Department staff worked with the applicant and the
applicant's representatives to arrive at aesthetic architectural features to be incorporated into the
proposed home designs to be constructed in this planned development (as reflected in the attached
elevation exhibits). Special provisions have been made for side yard treatments, to ensure that the
City's standard solid waste containers can be stored behind garages. In addition, curbside parking is
being prohibited on the perimeter of the on-site mini-park, to ensure its visibility for security, to provide
for additional child safety, and to encourage pedestrian and neighborhood access to this park.
Conditional Use Permit Findings
Fresno Municipal Code Section 12-405-A-3 requires that a proposed Conditional Use Permit be
approved only when specific findings can be made. It is the staffs recommendation that the
required findings be made, with application of the proposed conditions and mitigation measures,
as listed below:
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 12
November 2, 2005
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2.
a. All applicable provisions of this Code are complied with and the site of the proposed use is
adequate in size and shape to accommodate said use, and accommodate all yards, spaces,
walls and fences,parking, loading, recycling areas, landscaping,and other required features;
and,
Finding a This site is of an adequate size and configuration for the proposed planned
unit development subdivision. The applicant is required to provide adequate
parking, fences/walls, on-site open space, a pedestrian trail, landscaping with
street trees and so forth, as detailed in the site plan exhibit dated October 20,
2005 and the special permit conditions. Staff is recommending approval
subject to compliance with the proposed conditions of project approval
b. The site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use;and,
�indrngb;g,3 After reviewing the traffic impact study prepared for the project and its
proposed design, the Public Works Department Engineering Division Traffic
Engineering Section has indicated that the traffic generated from the proposed
project can be accommodated by the existing major street circulation network,
provided that the applicant conforms to City of Fresno Public Works standards
k �5sa:,Vis, including the construction of local streets, waiver of direct access to major
a Ott streets, and the repair or replacement of any damaged or off-grade concrete
n t asfm 4 '� S
improvements. The subject property has frontage on a collector street and will
provide two intersecting local streets to that collector. It is required to
complete local street access to an arterial street, with conditions to prevent
�Y traffic congestion at that intersection. The applicant is also required to provide
funding for area-wide traffic signalization improvements.
c. The proposed use will not be detrimental to the public welfare or injurious .to property or
improvements in the area in which the property is located. The third finding shall not apply
to uses which are subject to the provision of Section 12-306-N-30 of this Code.
Finding c.' Upon completion of review of comments received by affected parties regarding
' the proposed project and based upon information contained within the project
r„ f application, and after consultation with the Fresno Redevelopment Agency, the
Edison Merger II Advisory Committee, Fresno Metropolitan Flood Control
District, the San Joaquin Valley Unified Air Pollution Control District, and with
other City departments, the Planning and Development Department has
determined that the proposed use will not be detrimental to the public welfare
7 _ ;
or injurious to property or improvements in the area in which the property is
r k fr located, provided that development occurs subject to the proposed mitigation
measures, tract map conditions, and special permit conditions which include
measures to provide on-site open space in the form of a pedestrian trail and
mini-park and aesthetic architectural features for proposed homes in the tract.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 13
November 2, 2005
Special Permit Conditions of Approval
1. Development shall take place in accordance with Exhibit A (site plan) and Exhibits B
(home floor plans and elevations), dated October 20, 2005 (as they may be required
to be corrected to reflect street name changes required by the City), Exhibits L
(landscape plans to be approved for landscape strips, the on-site open space, the
pedestrian trail, and front yard landscaping), and with the corrected tract map Exhibit
for Vesting Tentative Tract Map No. T-5492.
2. Development shall take place in accordance with the proposed Special Permit
Conditions for Conditional Use Permit No. C-05-084, dated November 2, 2005, and
in accordance with Conditions of Approval for Vesting Tentative Tract Map No. T-
5492, dated November 2, 2005.
3. Development shall take place in accordance with the Master Environmental Impact
Report (MEIR) mitigation measures identified in the Finding of Conformity with the
2025 Fresno General Plan MEIR made pursuant to Environmental Assessment
No. T-5492/C-05-084, dated October 13, 2005.
Planning Commission action on Conditional Use Permit Application No. C-05-084 shall be final unless
the Commission's decision is appealed to the City Council.
CONCLUSION / RECOMMENDATION
The appropriateness of the proposed project has been examined with respect to its consistency with
goals and policies of the 2025 Fresno General Pian and Edison Community Plan; its compatibility
with surrounding existing or proposed uses; and, its avoidance of potentially significant adverse
environmental impacts. These factors have been evaluated as described above and by the
accompanying environmental assessment. Upon consideration of this evaluation, it can be
concluded that the project proposed under Vesting Tentative Tract Map No. 5492 and Conditional
Use Permit Application No. C-05-084 is appropriate for the project site with the implementation of
conditions of approval and mitigation measures as recommended. Based upon information in the
record, and consistent with provisions of the Subdivision Map Act and the Fresno Municipal Code,
staff recommends that the Commission make the required findings and enact the following:
1. APPROVE the Finding of Conformity with General Plan Master Environmental Impact Report
(MEIR) No. 10130 and the Mitigation Measure Checklist prepared for this project pursuant to
Environmental Assessment No. T-5492/C-05-084.
2. APPROVE the required findings and grant Conditional Use Permit Application No. C-05-084,
subject to compliance with the proposed Special Permit Conditions of Approval dated
November 2, 2005
3. APPROVE the required Subdivision Map Act findings and Vesting Tentative Tract Map
No. 5492, subject to compliance with the proposed Tract Map Conditions of Approval dated
November 2, 2005 and subject to approval of Conditional Use Permit Application
No. C-05-084.
r
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. T-5492, Conditional Use Permit Application No. C-05-084
Page 14
November 2,2005
Attachments: Vicinity Map
Aerial Photo
Vesting Tentative Tract Map No. 5492 exhibit, dated October 20, 2005
Site plan for Conditional Use Permit Application No. C-04-084, dated October 20, 2004
Elevations and floor plans for Conditional Use Permit Application No. C-04-084, dated
October 20, 2004
Comments from the Fresno Redevelopment Agency, dated September 1, 2005
Minutes from the Edison Merger li Advisory Committee, dated August 15, 2005
Proposed conditions of approval for Vesting Tentative Tract Map No. 5492, dated
November 2, 2005
Proposed Special Permit Conditions for Conditional Use Permit No. C-05-084, dated
November 2, 2005
Finding of Conformity with the 2025 Fresno General Plan MEIR No. 10130 prepared
pursuant to Environmental Assessment No.T-5492/C-05-084 with a MEIR Mitigation
Monitoring Checklist, dated October 13,2005
K:\COMMON\MASTER FILES-TRACT MAPS\T-5492-Sandra Brock(,C-05-084)\T-5492,C-05-084 13 PC Report.wpd
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REDEVELOPMENT AGENCY OF THE CITY OF FRESNO
Date: 9-1-05
Agency Review for: Vesting Tenative Map of Tract No. 5492
Conditional Use Permit No. C-05-84
DISPOSITION RECOMMENDATION:
Approve (No Recommendations)_Approve (with recommendations)
X Recommend Denial
Reviewed by: Terry Cox, Sr. Project Coordinator Phone: 498-4818
Plan Area:
Edison
Comments/Conditions:
Vesting Tentative Parcel Map Tract No. 5492, Requesting approval for a 205 lot non-clustered
unit planned development consisting of 163 —5,000 square foot lots.
Surrounding existing uses: Single family residential consisting of 6,000 plus to 7,500 square
foot parcels. The proposed parcels are not consistent with the area.
The planned use: 33.61 acres medium density residential/2.26 acres medium high density.
Maximum highest build out would be at 209. This proposal utilizes the highest possible density
allowed.
Open space: 9,907 square feet of open space is proposed in Outlot B. With an estimated
potential occupancy of 618 to 1,025 residents this would allow only 9.7 to 16 square feet per
person open space. This would appear inadequate open space for residents with reduced private
open space.
The lot reduction allowed by CUP would remove 163,000 sq ft or 3.8 acres of open space from
the residential units. The combined Outlot B and Trail replace approximately 2.4 acres of green
space (for a net loss of 1.4 acres). The Trail is still in design therefore the open space it will
provide is undetermined and could be less than the estimated acreage. The trail's current concept
would be for a trail varying in width from 15' to 30'. The trail will have planting limitations due
to existing easements therefore low profile shrubs will be likely. Shade trees may be limited due
to the existing underground utilities.
The trail is proposed over the residential lots further reducing the lot's square footage. With the
current Tract Map configuration the trail's maximum width between lot 30/31 and lot 130/131
would be limited to 15' width. The trail should be broad enough to provide enhanced visibility
and safety to the users and the neighborhood. This current trail concept will place a heavy
burden on the future residents and create potential policing problems. The public space should
be freestanding and separated from residential lots.
The trail is a major component of this CUP application. The landscaping, design and site plan is
necessary to complete comment on this application.
Overall, the proposed development would appear to set an undesirable precedent for the Edison
community in terms of increased intensity and density which will impose a greater burden on
schools, streets and public utilities.
Recommendations:
The minimum lot size should be 6,000 square feet.
The trail should be freestanding and separated from residential lots.
The Outlot B should be increased in size or a second outlot provided for public space.
Thank you for the opportunity to review the subject project, should you have any questions,
please do not hesitate to call me at the above telephone number.
DRAFT
EDISON/MERGER If PROJECT AREA
CITIZENS PLANNING ADVISORY COMMITTEE
.The Meeting No. 05-11 of the Edison/Merger II Project Area Citizens Planning Advisory
Committee was called to order by Vice Chair Harlan Kelly, at 6:40 p.m., on Monday, August
15, 2005, in Meeting Room 'A" at Fresno City Hall, 2600 Fresno Street.
1. Committee Members Present: Members Gaston, Haskins, Hill, Kelling, Keels, H. Kelly, S.
Kelly, and Kitchen.
Committee Members Absent: Members Powell and Smith. Member Finley excused.
Others Present: Shirley Brisiker, Neil Helding,Nassr Mohammad, David Brochardt, Gordon
Knott, Percy Williams, Norm Minsow, Walter Kuencli, Susan Gladding, Zane Hammond, Donald
Sims, Latrina Bowen, Rama Gulati, Jim Aluisi and Terry Cox(staff).
2. Minutes of the August 1, 2005 meeting were approved as submitted. Motion by Member Kitchen
and second by Member S. Kelly.
3. Review and comment on Draft Relocation Plan for the HOPE VI Project. Presentation made by
Daryl Balch, City of Fresno Public Works Department. Committee discussed ensuring that
families will not be financially harmed, relocated families be given option to relocate into
replacement housing, assurance that all interested parties had been notified. After discussion the
committee recommended that the relocation plan be forwarded to HCDC and City Council by a
vote of 8-0. No members of the public requested to speak. Relocation plan was subsequently
approved by HCDC and City Council
4. PROJECTS/ENTITLEMENTS REVIEW
A. Vesting Tentative Tract No. 5492 and Conditional Use Permit No. C-05-84, a 205 lot
single family residential planned development subdivision on 36.5 acres of R-1 and R-2-A/cz
zoned property located on the south side of East Church Avenue between South Elm and South
Clara Avenue. (2nd Review per committee's request,previously reviewed on 7/18/05).
Representatives David Borchart, Susan Gladding and Zane Hammond attended committee
meeting re: Tract 5492. The representatives explained the housing was to be built as affordable
housing while taking advantage of the LIP and DAP programs. Homes would range in size from
1,100 to 1,900 square foot. Outlot B and Trail would be maintained by the City of Fresno Parks
department. All presented elevations would be allowed on the 5,000 sq foot lots. Applicant
offered to incorporate CCR's on property owners.
Committee voiced concerns that all lots should be a minimum 6,000 square foot for useable living
area, that open space removed is not equivalent to replacement open space, will the City be able to
guarantee future budgets will allow maintenance of the green space, CCR's would be
unenforceable and only pertain to first homeowner.
Citizens Planning Advisory Committee
August 15,2005
Page 2
COMMITTEE RECOMMENDATION: Committee recommend approval subject to condition
that final design for trail and Outlot-B be reviewed by sub-committee/RDA in addition to review
of any possible CCR's. Committee recommended approval with conditions 5-1 and one member
abstaining.
Finley Gaston Haskins Hill Keeling Keels H. Kelly S. Kelly Kitchen
Approve ./ ✓ ✓ ✓ ✓
Deny ✓ ✓
Abstain ✓
B. Vesting Tentative\Cittee
456 and Rezone R-05-43, a 214 lot single family residential tract
on 46.86 acres or AE2to R-1,property located on the North side of Madison Avenue and
South Marks and Soutvenues. (2°a Review per committee's request, previously reviewed
on 7/18/05).
Committee requested ttatives attend meeting for additional review of application. No
applicants were in atteittee asked to be notified of Planning Commission date.
COMMITTEE RECOM : ne
Finley Gaston Haskins Hilleeling Keels H. Kelly S. Kelly Kitchen
Approve
Deny
Abstain
C. Conditional Use Permit Application No. C-05-161 is a quest to construct and operate a
Cingular wireless communications
facility consisting of a 70-foot
imline monopole with a 6 panel
fl h mounted antennas and
ass iated ground equipment
cabin s adjacent to the pole on
prope located on the
northeast ly corner of Tuolumne
and B Stree (rear of Kearney
Palms Shoppi g Center).
(Continued fro 8/1/05 meeting
per applicant's r uest).
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
VESTING TENTATIVE TRACT MAP NO. 5492
CONDITIONS OF APPROVAL
November 2, 2005
South side of East Church Avenue, west of South Elm Avenue
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. 5492 entitled "Exhibit A,"
dated October 20, 2005 and depicting a 203-lot single-family residential tract with six
outlots proposed to be developed in phases, the subdivider may prepare a Final Map in
accordance with the approved tentative map and in accordance with these conditions. It
is noted that the Tentative Tract Map exhibit shall be corrected to show the street name
changes as listed on the "Street Name Review" chart, dated 7-21-05 (copy attached).
Outlot A is reserved for installation of wall, sidewalk, and landscaping where space
permits; Outlots B, D, E, and F are reserved for pedestrian trail purposes; and Outlot C
is reserved for open space purposes. If acceptable to the Water Division Manager, a
portion of Outlot C may also be used for public water well purposes.
2. Conditional Use Permit (CUP) No. C-05-084 must be approved and in effect prior to
approval of any Final Tract Map for Tentative Tract 5492, and before issuance of any
construction permits for subdivision homes and related improvements. Development
and use of this property is subject to compliance with the Special Permit Conditions for
CUP No. C-05-084.
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 2
3. Development and use of this property is subject to compliance with the mitigation
measures specified in City of Fresno Environmental Assessment (EA)
No. T-5492/C-05-084.
4. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution
No. 68-187," City Policy with Respect to Subdivisions"; and City of Fresno Standard
Specifications, 2002 Edition, and any amendments thereto.
5. Pedestrian easements along streets, public utilities, and landscape easements, as
necessary, shall be shown on the Final Map and dedicated to the City of Fresno. If the
masonry wall encompassed by Outlot A and the on-site pedestrian trails and on-site
open space encompassed by Outlots B through F are to be maintained by the City's
Community Facilities District, these outlots shall also be deeded to the City of Fresno.
(In the alternative, if these facilities are to be maintained through a homeowner's
association, they shall be deeded to the association or retained in fee title ownership by
the subdivider.)
6. 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.
7. The subdivider shall submit grading plans and a soils report to the City of Fresno
Planning and Development Department for verification prior to Final Map approval
(Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading
plans shall indicate the location of any required walls and indicate the proposed width of
required landscape easements or strips. Approval of the grading plan is required prior to
Final Map approval. Stormwater pollution prevention regulations must be complied with
during project grading and construction and shall be complied with by development on
lots in this tract as may be required by National Pollutant Discharge Elimination System
regulations jointly administered by the California Environmental Protection Agency/Water
Quality Control Board, Fresno Metropolitan Flood Control District, and the City of Fresno
pursuant to area-wide stormwater discharge permits and inter-agency agreements.
8. 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.
Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved, the
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 3
9. The developer/owner shall pay applicable fees for, but not limited to, plan checks for
street improvements and other grading and construction; street trees, street signs, water
service, sewering, and inspections in accordance with the City of Fresno Master Fee
Schedule (City Council Resolutions Nos. 79-606 and 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State law
as related to vesting tentative maps.
10. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall
complete all the public improvements prior to the approval of the Final Map by the City.
If, at the time of Final Map approval, any public improvements have not been completed
and accepted in accordance with the standards of the City, the subdivider may elect to
enter into an agreement with the City to thereafter guarantee the completion of the
-- - improvements.
11. 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.
12. Proposed Easements, any proposed Declaration of Covenants, Conditions, and
Restrictions (CC&Rs), and any proposed instruments for an owner's association are to
be submitted by the subdivider to the Planning and Development Department for review
prior to Final Tract Map approval (Ref.: Fresno Municipal Code Section 12-1026). Said
documents are to be recorded with the Final Tract Map(s); alternatively, recorded
documents or documents for recording shall be submitted by the subdivider to the
Planning and Development Department prior to final acceptance of subdivision
improvements. Said documents shall include assignment of responsibility to the owner's
association for Outlot A and for street and landscaping maintenance (in the absence of
this tract's annexation to the City's Community Facilities District; refer to Conditions
Nos. 15 and 16, below), and other provisions as stated in the Development Department
Guidelines for preparation of CC&Rs dated January 11, 1985
13. Relinquish direct vehicular and pedestrian access rights to South Elm Avenue (the
arterial street alignment abutting the southeastern corner of the subdivision), and
relinquish direct vehicular and pedestrian access rights to East Church Avenue (the
collector street abutting the northern boundary of the subdivision) for all lots and outlots
within this subdivision.
14. Relinquish direct vehicular and pedestrian access rights to South Clara and East Grpve
Avenues for Lots 39 through 50. Relinquish direct vehicular access rights (but retain
pedestrian access rights)to South Clara Avenue for Outlot D.
15. Relinquish direct vehicular and pedestrian access rights to South Tracy Avenue (to be
renamed) for Lot 2 to within thirty feet of East Larson Avenue (to be renamed East Edna
Avenue).
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 4
LANDSCAPING AND WALLS
16. The subdivider shall provide a ten-foot (10') deep landscape easement, landscaping,
and irrigation system for the landscaping, along the north (rear) sides of lots which abut
East Church Avenue, along the east (rear) sides of lots which abut South Elm Avenue,
and along the west (rear) sides of Lots 40 through 50 which abut South Clara Avenue.
The subdivider shall also provide landscaping and an irrigation system for portions of
Outlot A which are not surfaced with concrete for pedestrian purposes.
17. A solid masonry wall with exterior aesthetic finish at least six feet (6') tall shall be
constructed at the rear of the required landscape easement across the back yards of
Lots 1, 2, 3, 163, 71, 72, and 73 which back onto East Church and South Elm Avenues.
The masonry wall at the rear of Lot 2 shall be extended southward along the westerly
side of Lot 2 abutting South Tracy Avenue (to be renamed) to within thirty feet of East
Edna Avenue in order to provide a barrier with an appropriate corner cutoff to meet the
requirements of Fresno Municipal Code Sections 12-1011(f)(3)and 12-306-H. .
18. A solid masonry wall with exterior aesthetic finish at least six feet (6') tall to meet the
requirements of Fresno Municipal Code Sections 12-1011(f)(3) shall be constructed at
the rear of the required landscape easement across the back yards of Lots 40
through 50 which back onto East Church and South Elm Avenues. No wall shall be
installed across the winery waste line easement or across the pedestrian trail on
Outlot D.
19. A solid masonry wall with exterior aesthetic finish at least six feet (6') tall shall be
constructed at the east side of Lot 1, with appropriate corner cutoff to meet the
requirements of Fresno Municipal Code Sections 12-1011(f)(3) and 12-306-H, and shall
be extended along the rear of Assessors Parcels Nos. (APNs)479-020-48, -47, and -46,
leaving sufficient room behind the wall to provide a sidewalk on the north side of East
Edna Avenue. This wall shall be continued north along the east side of APN 479-020-46
to the point where the required sidewalk on the west side of South Cove Avenue (to be
renamed South Ivy Avenue) meets the property line of APN 479-020-46 and shall have
an appropriate corner cutoff to meet the requirements of Fresno Municipal Code
Sections 12-1011(f)(3) and 12-306-H.
Should the owners of the above-listed APNs opt to re-orient their properties in the future
to back onto East Church Avenue and take access from East Edna Avenue, the wall
required along East Edna Avenue shall be modified to provide for vehicular and
pedestrian access and an appropriate setback, and the owners of the APNs shall
concurrently be required to record waivers of vehicular and pedestrian access to East
Church Avenue, to repair or reconstruct a sidewalk along East Church Avenue meeting
Public Works Standards, and to install a 10' wide landscape strip with irrigation, and
behind this landscape strip to install a six foot masonry wall with aesthetic finish.
20. The subdivider shall landscape Outlots B, C, D, E and F as approved through corrected
exhibits for Conditional Use Permit No. C-05-084, commensurate with these outlots'
intended use for open space and pedestrian trail use, and in accordance with Public
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 5
Utilities restrictions on landscaping within, and abutting, the fifteen-foot (16) wide winery
waste line easement that underlies portions of Outlots C, D, E, and F.
21. The landscaping and walls required in Conditions Nos. 16 through 20, above, shall be
installed concurrently with street improvements. Landscape plans shall conform to City
of Fresno xeriscape standards, 2025 Fresno General Plan Design Guidelines, and
Public Works Department street tree requirements. Anti-graffiti landscaping practices
shall be followed in order to protect masonry walls constructed along streets.
Improvement plans for landscaping and irrigation systems shall be submitted to the
Planning and Development Department and the Public Works Department Engineering
Division for review. These plans are required to be approved by the City prior to Final
Map approval. The Public Works Department has informed the Planning and
Development Department that the South Elm Avenue median island landscaping is
already furnished with a water connection, and there are no requirements for this tract to
install landscaping or irrigation in that median island.
22. Engineered construction plans for the walls required in Conditions Nos. 17 through 19,
above, shall be submitted to the Planning and Development Department for review prior
to Final Tract Map approval. These plans shall show architectural appearance and
location of these walls on the tract. When the grading plan establishes a top of slope
beyond the required landscape easement noted, and the construction of the required
wall is to be established coincident with the top of slope, then the required minimum
easement width shall be expanded to include the full landscaped area up to the wall
location.
23. Required walls and tract lot fences shall incorporate corner cut-off provisions for safe
visibility at the intersections of the local tract streets with East Church and South Clara
Avenues. In accordance with FMC Section 12-306-H-3.d., corner cut-offs are
established to provide an unobstructed view for vehicular and pedestrian traffic
approaching an intersection. They are a triangular area formed by the property lines and
a diagonal line adjoining points on the property lines, measured a specific distance from
the point of their intersection. At the intersections of streets, this distance is 30 feet.
The corner cut-off area shall be landscaped (including an irrigation system), and may be
included within the City's Community Facilities District.
24. The landscape buffers and walls required along streets, on-site open space, and
pedestrian trails shall be preserved and maintained through annexation of this
subdivision to the City's Community Facilities District, or, through a homeowners
association formed by the subdivider pursuant to CC&Rs (please refer to the attached
memorandum from the Public Works Department Engineering Division, dated July 7,
2005). For more information, contact Joe Paff of the City of Fresno Public Works
Department, ph. 559-621-8695.
25. If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District for local street, landscaping, sidewa I k/cu rb/g utter, pedestrian trail, on-
site open space, and median island maintenance for abutting major streets within the
limits of this tract, the City of Fresno Department of Public Works shall be provided by
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 6
the developer with copies of signed acknowledgments from each purchaser of a lot
within the subdivision, attesting to the purchasers' understanding that the lot will have an
annual maintenance assessment and that he/she is aware of the estimated amount of
the assessment.
26. Front yards of residential lots are required to be landscaped per final corrected
landscape exhibits for Conditional Use Permit No. C-05-084. Property owners are
responsible for the maintenance of landscaping on their yards and park strips.
BUILDING SETBACKS
27. Building setbacks shall be in accordance with the R-1 (Single Family Residential) zone
district, per Fresno Municipal Code (FMC) Section 12-211.5-E, except as modified
through Conditional Use Permit No. C-05-084.
28. Building setbacks on the southerly sides of Lots 119 and 75 (Reversed Corner Lots)
shall be in accordance with FMC Section 12-211.5-E-3-c, except as modified through
Conditional Use Permit No. C-05-084.
29. Building setbacks on the southerly sides of Lots 118 and 76 ("Key Lots") shall be in
accordance with FMC Section 12-1011, except as modified through Conditional Use
Permit No. C-05-084.
30. There shall be side yard at least six feet in width on the garage side of all residential lots
in the tract. Alternatively, the garage side yard may be less than six feet in width,
provided the side yard gate has a clear opening at least four feet in width. This garage
side yard shall have a paved area at least five feet in width extending from the driveway
along the side of the garage, in order to facilitate storage of City trash containers behind
garages or behind side yard fences. Installation of paving on this extent of side yards
will require special drainage provisions such as a drainpipe from the rear yard to the
front of the paved side yard area. These paving and drainage features shall be detailed
on tract grading plans.
31. Front yard setbacks shall be varied to the extent possible within building envelopes
shown in the site plan for Conditional Use Permit (CUP) No. C -5-084. Minimum front
yard setbacks are to be fifteen feet, to allow for front porches. Minimum driveway length
(minimum building setback for garages) is to be twenty feet (20'), alternatively, this
setback may be reduced to eighteen feet (18') where homes are to be equipped with roll-
up garage doors (this is to be noted this on final corrected building elevation exhibits for
CUP No. C-05-084).
32. No structures (excepting the required masonry wall) shall encroach into the tract Outlots
and required landscape strips, except that appropriate equipment and improvements
may be furnished for open space and recreational use on the outlots per corrected
exhibits of Conditional Use Permit No. C-05-084.
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 7
INFORMATION
33. The subject property is planned for medium and medium-high density residential uses
and is zoned R-1 (Single Family Residential District) and R-2-A/cz (Low Density Multiple
Family Residential District, One Story/conditions of zoning). The Design Guidelines
adopted for the 2025 Fresno General Plan are applicable to the construction of
improvements for this tract.
34. 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.
35. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment
levied under any State or local law, including a division into condominium interest as
defined in Section 783 of the Civil Code, the developer/owner shall file a written
application with the City of Fresno Director of Public Works, requesting apportionment of
the unpaid portion of the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
a. A full description of each assessed lot, parcel or interest to be divided and of how
such lot, parcel or interest will be divided;
b. A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
C. Written consent of the owner(s) of each such lot, parcel, or interest to the
requested apportionment.
The application shall be filed prior to the approval of the Final Map(s) by the City and
shall be accompanied by a fee in an amount specified in the Master Fee Resolution for
each separate lot, parcel, or interest into which the original assessed lot, parcel or
interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the
City and the Engineer of Work responsible for determining the initial assessment in
making the requested apportionment.
36. Dedicate a ten-foot (10') public utility easement contiguous to all streets within, and
abutting any portion of this tract. If above-ground equipment is to be installed on this
easement, it shall be screened from public view by the proposed landscaping and it shall
not encroach into the required corner cutoff areas so as to impair visibility. If existing
electric or gas facility relocations are necessitated by improvement of this tract, these
relocations shall be done at the expense of the developer.
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 8
37. All off-site overhead utilities within the limits of this map shall be undergrounded in
accordance with Fresno Municipal Code Sections 8-801, 12-1011, and Fresno City
Council Resolutions Nos. 78-522 and 88-229.
38. Prior to the issuance of building permits for the subdivision, school construction fees
shall be paid to the West Fresno School District and Washington Union High School
District in accordance with those school districts' adopted schedules of fees.
39. The developer shall contact the United States Postal Service, Fresno Office, for the
location and type of mailboxes to be installed in this subdivision.
40. The developer/owner shall obtain any and all permits required for the removal or
demolition of any existing building/structure, water well, or septic disposal facility located
within subdivision boundaries. The developer/owner shall also obtain any and all
permits required for the proper abandonment/closure of any existing water well, septic
tank/leach field or cesspool, and irrigation pipeline on the subject property. All such
permits shall be obtained prior to commencement of tract grading work, in accordance
with Chapter 13 of the Fresno Municipal Code, the requirements of the San Joaquin
Valley Unified Air Pollution Control District, Fresno County Environmental Health, and
the City of Fresno Department of Public Utilities Water Division.
41. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted (business hours: 559-268-0109; after hours the contact phone number is
559-488-3111 for the Fresno County Sheriff's Department). If remains or other
archaeological material is possibly Native American in origin, the Native American
Heritage Commission (phone number 916-653-4082) shall be immediately contacted,
and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (phone number 805-644-2289) shall be contacted to obtain a referral list of
recognized archaeologists. An archaeological assessment shall be conducted for the
project, the site shall be formally recorded, and recommendations made to the City as to
any further site investigation or site avoidance/preservation measures.
If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be
contacted to obtain a referral list of recognized paleontologists. An assessment shall be
conducted by a paleontologist; if the paleontologist determines the material to be
significant, a recommendation shall be made to the City as to any further site
investigation or preservation measures.
42. The subdivider shall comply with San Joaquin Valley Air Quality Pollution Control District
(SJVUAPCD) Rules, including Regulation Vill of the for the control of particulate matter
and fugitive dust during construction of this project (refer to the attached letter from the
SJVUAPCD, dated July 21, 2005), including the preparation of a Dust Control Plan for
tract grading. The subdivider and successors in interest shall conform to the Indirect
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 9
Source Review Rule as it may be adopted and may pertain to construction of tract
homes.
43. Solid waste disposal for the subdivision may be provided by the City of Fresno
Department of Public Utilities Solid Waste Division. The location and type of solid waste
containers for serving parcels in this tract shall be subject to approval of the Solid Waste
Manager. Refer to the attached Solid Waste Division memorandum, dated August 3,
2005 (copy attached), which sets specific requirements for accessibility for trash
collection and collection vehicle access (in addition to the Department of Public Works
Engineering Division Transportation Section comments for cul-de-sac and corner radii).
There shall be no parking allowed in the street after 6:00 A.M. on the solid waste service
day for any cul-de-sac lots; this applies to the frontage(s) of any lot that is, in whole or in
part, on a cul-de-sac (e.g., Lots 69 through 75). Filing covenants on cul-de-sac lots is
the generally accepted method of advising successors in interest of these requirements.
If the project area is to be developed in phases, there shall be no dead-end streets (all
streets shall connect to one another), or a temporary turnaround shall be provided at the
end of a street and shall be large enough to accommodate a solid waste vehicle with
turning radius of 44 feet (this temporary turn-around shall also be kept clear of all parked
vehicles on collection day).
STREET TREES AND PARK SERVICE
44. Comply with requirements of the Public Works Department Engineering Division
regarding street trees, per the memorandum dated August 4, 2005 (copy attached) and
per corrected and approved landscape exhibits for Conditional Use Permit
No. C-05-084. Contact Ann Lillie at 559-621-8690 for more information.
FIRE SERVICE
45. The proposed tract-is located within 1.5 miles running distance to permanent City Fire
Station No. 7. The attached Fresno Fire Department Memorandum, dated July 18,
2005, outlines the fire protection requirements for this subdivision.
46. Access is acceptable as shown for the overall tentative tract map. There shall be at
least two points of access to any phase of the subdivision during construction. Final
tract map plans shall be submitted to the Fire Prevention Bureau for review.
STREETS AND RIGHTS-OF-WAY
47. The subdivider/developer shall comply with the requirements outlined in the Public
Works Department Engineering Division Traffic Engineering Section memorandum to the
Planning and Development Department dated September 2, 2005, attached hereto and
incorporated herein by reference
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 10
48. All of the required street improvements shall be constructed and/or installed in
accordance with the City of Fresno Standard Specifications (most current edition in
place at the time an application is made for Final Tract approval). The first order of work
shall include a minimum of two points of access to the major streets for any phase of this
development.
49. The subdivider shall furnish to the city acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
Fresno Municipal Code and the State Subdivision Map Act.
50. The subdivider shall make provisions for disabled persons in accordance with the
Department of Public Works standards and as required by State law. Handicap access
ramps are required to be constructed in sidewalks at all corners within the limits of the
tract (identify corner cut dedications on all interior streets). Where street furniture is
located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches
of unobstructed path shall be maintained to satisfy the American Disabilities Act
requirements. If necessary, dedicate a pedestrian easement to accommodate for the
four-foot (4') minimum unobstructed path requirement.
51. Sidewalks shall be required on both sides of local streets to provide walking paths so
that schoolchildren can safely access but stops. A pedestrian easement at least four
feet wide shall be dedicated and improved with a sidewalk meeting Public Works
Standards on the west side of South Cove Avenue (to be renamed South Ivy Avenue)
where this street intersects East Church Avenue and abuts Outlot A and
APN 479-020-46, and on the north side of East Edna Avenue.
52. Parking shall be prohibited along the entire frontage of Outlot C .
53. Any dead-end streets created by phasing development of this subdivision shall be
properly barricaded in accordance with City standards within seven (7) days from the
time the streets are surfaced or as directed by the Engineer, and shall conform to
Department of Public Utilities Solid Waste Division requirements as noted in Condition
No. 43, above.
54. All required signing and striping shall be done and paid for by the developer/owner. The
signing and striping plans shall be done per the current Caltrans standards and shall be
submitted along with the street construction plans for this tentative map to the Public
Works Department.
55. Jensen Avenue/Freeway 99 Interchange (State highway facility): Prior to the approval of
a Final Tract Map for this tentative tract map, the developer will pay $2,635.00 to the
California Department of Transportation ("Caltrans")for a share of cost for improvements
to this interchange. This fee was derived by Caltrans from its review of the Trac
Impact Study for Tract 5492, dated May 27, 2005, prepared by Peters Engineering
Group. Imposition of this condition is dependent upon the City of Fresno and Caltrans
having an executed agreement for the City to collect and administer State Highway
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 11
facilities fees (Reference: letter from the California Department of Transportation
District 6, dated July 12, 2005, copy attached).
Specific Mitigation Requirements:
l 56. This tract is estimated to generate a potential over 100 peak hour trips; therefore, a
f Traffic Impact Study (TIS) was required to comply with the mitigation measures contained
in City of Fresno Master Environmental Impact Report (MEIR) No. 10130 prepared for the
2025 Fresno General Plan. The Traffic Impact Study for Tentative Tract 5492, prepared
by Peters Engineering Group (dated May 27, 2005) was reviewed by the City's Public
Works Department Engineering Division Traffic Engineering Section and found to meet
City and Caltrans standards. Traffic mitigation requirements derived from the study are
outlined in the revised Public Works Department Engineering Division Traffic Engineering
Section letter to Peters Engineering Group, dated October 31, 2005, attached hereto and
incorporated herein by reference.
SANITARY SEWER SERVICE
57. The subdivider and his successors in interest shall comply with the requirements set forth
in the Department of Public Utilities Planning and Engineering Division memorandum
dated July 20, 2005, attached hereto and incorporated by reference.
58. A preliminary sewer design layout is required to be prepared by the developer and
submitted for Department of Public Utilities review prior to submittal of sewer utility plans
for this tract. Where sewer mains are required to be installed, they shall be constructed
prior to street paving at all locations where the installation of permanent street pavement
is required.
59. A fourteen-inch Winery Stillage Waste Pipeline traverses the subject property from east
to west on the approximate alignment of East Grove Avenue. The easement for this
pipeline shall be retained within Outlots C, D, E, and F. No structures or encroachments
on this easement shall be permitted without the express approval of the Public Utilities
and Public Works Departments.
WATER SERVICE
60. In order to provide water service to the tract, the subdivider and his successors in interest
shall comply with the requirements set forth in the Department of Public Utilities Planning
and Engineering Division memorandum dated July 20, 2005, attached hereto and
incorporated herein by reference. Water mains shall be installed before street
improvements and paving.
61. A water well site shall be provided at a size and location to be approved by the Water
Division Manager. If this water well site is to be located within tract boundaries, the
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 12
developer shall provide corrected site plan and landscape exhibits for Conditional Use
Permit No. C-05-084.
62. Any existing agricultural wells within the boundaries of the proposed development shall
be sealed and abandoned in compliance with the California Well Standards,
Bulletin 74-90 or current revisions (issued by California Department of Water Resources)
and in compliance with City of Fresno Water Division standards.
FRESNO IRRIGATION DISTRICT
63. The Fresno Irrigation District has informed the City of Fresno that it has no facilities on
the subject property (refer to letter dated July 11, 2005).
FRESNO AREA EXPRESS
64. Fresno Area Express has not imposed any requirements on this tract.
FLOOD CONTROL AND DRAINAGE
65. The subdivider shall be required to pay any applicable storm drainage fees to Fresno
Metropolitan Flood Control District (FMFCD) to comply with Fresno Municipal Code
Chapter 13, Article 13 (please note that the amount of these fees has change, pursuant
to a fee schedule update). These fees may be modified and offset in whole or in part
through a drainage agreement executed between the developer and FMFCD. Prior to
Final Tract Map approval, provide a copy of a letter reflecting the current fee amount, or a
copy of the fully executed drainage agreement.
66. FMFCD's July 25, 2005 Notice of Requirements (attached hereto and incorporated by
reference) lists the construction and easement requirements and fee obligations of the
subdivider/developer. This Notice states that permanent drainage service is available,
provided that the storm drain depicted in the attachment to FMFCD's Notice of
Requirements (labeled "Exhibit No. 1") is installed. Any proposed amendments to the
drainage requirements set forth in FMFCD's Notice of Requirements shall be reviewed
and approved by FMFCD and the City of Fresno when detailed grading and drainage
plans are prepared for this tract. The subdivider shall be required to comply with the
specific requirements imposed by FMFCD for the subdivision (or any amendments or
modifications to those requirements which may be granted by the FMFCD Board of
Directors), pursuant to Section 13-1307 of the Fresno Municipal Code. .
67. FMFCD's July 25, 2005 Notice of Requirements for Tract No. 5492 is not requiring that
any temporary on-site ponding basins be created. Any temporary basin constructed for
or used by this subdivision requires approval of FMFCD and the City of Fresno, and may
only be implemented through a covenant between the City and the Developer prior to
final map approval. Temporary basins shall be fenced within seven days of the time a
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 13
basin becomes operational, and fencing shall conform to City of Fresno Public Works
Standard No. P-45. Fresno Mosquito and Abatement District shall be provided access
rights and a means of entry for inspection and mosquito abatement activities for all on-
site basins (refer to attached map of mosquito abatement districts in the Fresno-Clovis
Metropolitan Area). Attached hereto, and incorporated by reference, is a copy of the
updated Public Works Standard No. P-62 for temporary on-site ponding basins, and a
copy of the City of Fresno's Guidelines for Ponding Basin / Pond Construction and
Management, dated October 29, 2004.
68. Right-of-Way Acquisition
The developer will be responsible for the acquisition of any necessary right-of-way and/or
easements to construct required improvements. Easement acquisition may be necessary
for installation and relocation of off-site facilities such as sewer and water mains, irrigation
pipelines, and drainage facilities. Rights-of-way acquisition shall include any rights-of-
way necessary for proper drainage, signing, pole relocation, traffic signal installation, and
shoulder grading (in general, this will require right-of-way to be provided approximately 10
feet outside the travel lane). Exact requirements must be determined at the project
design stage based on the existing conditions and detailed design information.
In the event an acquisition of any easement or right-of-way is necessitated by the subject
development, said acquisition will be accomplished prior to Final Map approval. The
developer/owner should contact the Real Estate Section of the Public Works Department
to receive procedural guidance in such acquisitions. Should such acquisition not be
accomplished by the subdivider prior to Final Map approval, the subdivider must request
and grant to the City the full authority to attempt acquisition either through negotiation or
through its power of eminent domain.
The subdivider shall furnish to the City Public Works Department, Engineering Division/
Real Estate Section, an appraisal report or a request for an estimated appraisal amount
(to be determined by the City of Fresno Real Estate Section) prior to preparation of a
Subdivision Agreement. The subdivider shall submit adequate security in the form of a
cash deposit to guarantee payment of all costs associated with the acquisition, including
staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and
costs necessary to effect the acquisition of such easements or rights-of-way.
DEVELOPMENT FEES AND CHARGES
69. This project is subject to the development fees and charges set forth on the following
table, as estimated by the Planning and Development Department Land Division and
Engineering Section as of July 20, 2005. New impact fees have since been approved by
the Fresno City Council, and will be applicable to this project; contact Frank Saburit at
559-6231-8277 for more information.
Pursuant to California Government Code Section 66020(d)(1), a protest filed pursuant to
subdivision (a) shall be filed at the time of approval or conditional approval of the
development or within 90 days after the date of the imposition of the fees, dedications,
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 14
reservations, or other exactions to be imposed on a development project. Each local
agency shall provide to the project applicant a notice in writing at the time of the approval
of the project or at the time of the imposition of the fees, dedications, reservations, or
other exactions, a statement of the amount of the fees or a description of the dedications,
reservations, or other exactions, and notification that the 90-day approval period in which
the applicant may protest has begun.
Improvements and payments shall not be required on or in front of any undeveloped
portion of a net acreage of ten acres or more which exists after the division of land.
All improvements and payments are to be completed with development.
SEWER CONNECTION CHARGES FEE RATE
b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth)
-
C. Oversize Charge $0.05/sq. ft. (to 100' depth)
Service Area #19�
d. Trunk Sewer Charges $419/ living unit
e. Wastewater Facilities Charge* $2,119/ living unit
f. Copper Avenue Sewer Lift Station Charge* N/A
g. Fowler Trunk Sewer Interim Fee Surety* N/A
h. House Branch Sewer Chargew NIA
i. Millbrook Overlay Sewer* N/A
WATER CONNECTION CHARGES FEE RATE
j. 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.
k. Frontage Charge* $6.50/ lineal foot
I. Transmission Grid Main Charge* $643/gross acre
(parcels 5 gross acres or more)
m. Transmission Grid Main Bond Debt* $243 /gross acre
Service Charge (parcels 5 gross acres or more)
n. UGM Water Supply Feev N/A
o. Well Head Treatment Feev N/A
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 15
WATER CONNECTION CHARGES FEE RATE
p. Recharge Feev N/A
q. 1994 Bond Debt Service* N/A
DEVELOPMENT IMPACT FEE FEE RATE
r. Traffic Signal Charge* $414.69 / living unit
S. Northeast Fresno Policing Area+ N/A
URBAN GROWTH MANAGEMENT FEE RATE
t. UGM Fire Station Capital Fee* N/A
U. UGM Park Fee* N/A
V. Major Street Charge* N/A
W. Major Street Bridge Charge* N/A
X. UGM Grade Separation Fee* N/A
y. UGM Trunk Sewer Charge* N/A
Z. Street Acquisition/Construction Charge♦ N/A
Fee Notes:
+ Due at time of development
* Deferrable through Fee Deferral Covenant
* Due at time of subdivision
Conditions of Approval for Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 16
Attachments: Street Name Review chart for Tract Map 5492, dated July 21, 2005
Memorandum regarding Community Facilities District issues,from Joe Paff of the City of
Fresno Public Works Department Engineering Division, dated July 7, 2005
Letter from the San Joaquin Valley Unified Air Pollution Control District, dated July 21,
2005, with attachments on dust control, asbestos, and tree planting
Memorandum from City of Fresno Department of Public Utilities Solid Waste Division,
dated August 3, 2005
Memorandum regarding Street Tree Requirements,from Ann Lillie of the City of Fresno
Public Works Department Engineering Division, dated August 4, 2005
Fresno Fire Department memorandum, dated July 18, 2005
Memorandum from City of Fresno Public Works Department Engineering Division Traffic
Planning Section, dated September 2, 2005
Letter from California Department of Transportation District 6, dated April 4, 2005
Revised letter from City of Fresno Public Works Department Engineering Division Traffic
Planning Section to Peters Engineering Group, dated October 31, 2005
Email communication from Moses Stites of California Department of Transportation
District 6, dated July 12, 2005
Memorandum from the City of Fresno Department of Public Utilities Planning and
Engineering Division, dated July 20, 2005
Letter from Fresno Irrigation District, dated July 11, 2005
Fresno Metropolitan Flood Control District Notice of Requirements for Tract No. 5492,
dated July 25, 2005
Finding of Conformity with Master Environmental Impact Report (MEIR) No. 10130
prepared for Environmental Assessment No. T-5492/C-05-084, with mitigation
monitoring checklist
KACommonWaster Files—Tract Maps\Tract 5492-Sandra Brock(C-05-084)1T-5492, R-04-59 08 COA.doc
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r
Street Name Review
TM-5492 7-21-05
Street Mame Status Required Change
_ ! East Church Avenue Good
East Larson Avenue Chane East Edna Avenue
East Eugenia Avenue Good
I
East Burns Avenue Good
East Barlow Avenue Chane East Laurite Avenue
East Green Avenue Chane East Booker Avenue
East Grove Avenue Good
East Byrd Avenue Good
East Kaviland Avenue Good
South Clara Avenue Good
South Tracy Avenue Chane 'new name'
South Green Avenue Chane South Eunice Avenue
South Eunice Avenue Good
S. Eunice Avenue Chane South Eunice Avenue
South Cove Avenue Chane South lvv Avenue
South Ivy Avenue Chane new name'
South Geneva Avenue TGood
South Elm Avenue Good
i
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City of
PUBLIC WORKS DEPARTMENT
DATE: July 7, 2005
TO: SANDRA BROCK, Planner III
Planning and Development Department
FROM: JOE PAFF, Senior Engineering Technician
Public Works Department
SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5492 AND COMMUNITY FACILITIES
DISTRICT
1. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. If
approved by Council,the following features may be maintained by a Community Facilities District.
• Maintenance of all Landscaping and Irrigation systems as approved by the Public Works
Department within the street easements (including medians)and the landscape easements
along the property lines that side or back-onto S. Elm and E. Church Avenues.
• Maintenance of all Landscaping and Irrigation systems as approved by the Public Works
Department within Outlot B and other areas dedicated for open space, trail or landscape
easement purposes.
■ Maintenance of Sidewalks as approved by the Public Works Department within the street
easements and the landscape easements along the property lines border S. Elm and E. Church
Avenues.
■ Maintenance of/z of S. Clara Avenue Street Pavement, Curbs, Gutters, Sidewalks, Medians
and Street Furniture, Hydrants and Storm Drain Inlets as approved by the Public Works
Department within the boundary of the tentative map.
• Maintenance of all interior Local Street Pavement, Curbs, Gutters, Sidewalks, Medians and
Street Furniture, Hydrants and Storm Drain Inlets as approved by the Public Works Department
within the boundary of the tentative map.
Maintenance and operating costs of all Street Lights as approved by the Public Works
Department within the boundary of the tentative map.
■ Maintenance of all Street Trees as approved by the Public Works Department within the
boundary of the tentative map.
2. Proceedings to place the Final Map into a CFD may not commence until the territory has been annexed
into the City of Fresno.
3. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final
map submission to the Development Department for processing. This shall include a Street Tree Location
and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by
species and include the areas (in square feet)of turf, shrubs and trees, and sidewalks or other paved areas
within all landscaped areas (including median island in S. Elm.)
4. Should the Council or owner/developer choose not to include the maintenance of the items listed in
section 1 above in a CFD,the property owner/developer shall provide for the maintenance of all of the above
items by the property owners.
c:PW File No. 10770 File:lwordlcfd2lttmapreview1tt5492 conditions
Any change affecting the Items in these conditions requires revision of this letter of conditions.
If you have any questions, please call me at 621-8695
Fi1eAwplcfd2lttmapreview1tt5284
RECEN ELM
San Joaquin Valley
Air Pollution Control DistrictDU
EVEL 'Pv1EW DEPARTMENT
o►Tv of FRESNO
July 21, 2005 Reference No. C20050679
Sandra Brock
City of Fresno
Planning & Development
2600 Fresno St., Third Floor
Fresno, CA 93721-3604
Subject: T-5492, C-05-84—APN 479-020-36, -49 - -50
Dear Ms. Bruck,
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced
above and offers the following comments:
The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and particulate matter
(PM10 and PM2.5). This project would contribute to the overall decline in air quality due to increased
traffic and ongoing operational emissions. Preliminary analysis indicates that this project alone would not
generate significant air emissions. However, the increase in emissions from this project, and others like
it, cumulatively reduce the air quality in the San. Joaquin Valley. A concerted effort should be made to
reduce project-related emissions as outlined below:
Based on the information provided, the proposed project will be subject to the following District rules. The
following items are rules that have been adopted by the District to reduce emissions throughout the San
Joaquin Valley, and are required. Current District rules can be found at—
http://www.valleyair.org/rules/1 ruleslist.htm.
Regulation Vlll (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules
designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including
construction, road construction, bulk materials storage, landfill operations, etc. If a residential project
is 10.0 or more acres in area, a Dust Control Plan must be submitted as specified in Section 6.3.1 of
Rule 8021. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written
notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities
(see section 6.4.1). A compliance assistance bulletin has been enclosed for the applicant. A
template of the District's Dust Control Plan is available at:
http://www.vallevair.org/busind/comply/PM1 0/form s/D C P-Form%20-%2010-14-2004.Pdf
Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or
other materials. In the event that the project or construction.of the project creates a public nuisance,
it could be in violation and be subject to District enforcement action.
Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings.
This rule specifies architectural coatings storage, clean up and labeling requirements.
Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If
asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This
rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt
for paving and maintenance operations.
Ms. Brock July 21, 2005
T-5492, C-05-84 Page 2
Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions
from residential development. Construction plans for residential developments may be affected by
section 5.3, specifically:
§5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments.
Beginning January 1, 2004,
5.3.1 No person shall install a wood burning fireplace in a new residential development with a
density greater than two(2) dwelling units per acre.
5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per
acre in any new residential development with a density equal to or greater than three (3) dwelling
units per acre.
5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per
dwelling unit in any new residential development with a density equal to or less than two (2)
dwelling units per acre.
More information about Rule 4901 can be found at our website- www.valleyair.orq. For
compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at
230-5968.
Rule 4902 (Residential Water Heaters)limits emission of NOx from residential developments.
The District encourages innovation in measures to reduce air quality impacts. There are a number of
features that could be incorporated into the design/operation of this project to provide additional
reductions of the overall level of emissions. (Note: Some of the measures may already exist as City
development standards. Any measure selected should be implemented to the fullest extent possible.)
The suggestions listed below should not be considered all-inclusive and remain options that the agency
with the land-use authority should consider:
• Trees should be carefully selected and located to protect the building(s) from energy consuming
environmental conditions, and to shade paved areas. Trees should be selected to shade paved
areas that will shade 50% of the area within 15 years. Structural soil should be used under paved
areas to improve tree growth. A brochure has been included for the applicant.
For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/
For Tree Selection see http://www.ufei.org
For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu
http://www.lgc.org/bookstore/energy/downloads/siv tree quidelines.pdf
• If transit service is available to the project site, improvements should be made to encourage its use.
If transit service is not currently available, but is planned for the area in the future, easements should
be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and
shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips
generated by the project.
• Sidewalks and bikeways should be installed throughout as much of the project as possible to
encourage walking and bicycling. Connections to nearby public uses and commercial areas should
be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented
design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should
be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and
bikeways should be designed to be accommodating and appropriately sized for anticipated future
pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate
pedestrian movement through the project, and create a safe environment for all potential users
(pedestrian, bicycle and disabled) from obstacles and automobiles. Pathways through the project
should be built in anticipation of future growth/development.
Ms. Brock July 21, 2005
T-5492, C-05-84 Page 3
• As many energy conserving and emission reducing features as possible should be included in the
project. Energy conservation measures include both energy conservation through design and
operational energy conservation. Examples include (but are not limited to):
- Increased energy efficiency (above California Title 24 Requirements)
See http://www.energy.ca.gov/title24/.
- Energy efficient widows (double pane and/or Low-E)
- Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at
http://www.agmd.goy/prdas/brochures/paintguide.htmi
- High-albedo (reflecting) roofing material. See htti):Heetd.Ib1.gov/coolroof/
Cool Paving. See http://www.harc.edu/harc/Projects/Cool Houston/ ,
http://eande.lbi.gov/heatisland/
Radiant heat barrier. See http://www.eere.energy.gov/consumeririfo/refbriefs/bc'.html
Energy efficient lighting, appliances, heating and cooling systems.
See http://www.energystar.gov/
- - Install solar water-heating system(s)
Install photovoltaic cells
Programmable thermostat(s)for all heating and cooling systems
- Awnings or other shading mechanism for windows
- Porch, patio and walkway overhangs
- Ceiling fans, whole house fans
- Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels)
See http://www.eere.energy•gov/RE/solar passive.html
- Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom
windows etc. See http://www.advancedbuildin-gs.org
- Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape
maintenance equipment
- Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines
- Natural gas fireplaces (instead of wood-burning fireplaces or heaters)
- Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to
encourage the use of gas and/or electric barbecues
- Low or non-polluting incentives items should be provided with each residential unit (such items
could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.)
- Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site
More information can be found at: http://www.ciwmb.ca.gov/GreenBuilding/
http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergvicenter.org/index.htmI
• The applicant should implement measures to reduce the amount of vehicle traffic to and from the
project area that further reduce air pollution in the valley. This could include providing an information
center for residents to coordinate carpooling. Check out the "Spare the Air" section of our website
www.vallevair.org
• The project should include as many clean alternative energy features as possible to promote energy
self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity
systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy
equipment. More information can found at-
http://www.dsireusa.or_q/, http://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/
• Construction activity mitigation measures include:
Install sandbags or other erosion control measures to prevent silt runoff to public roadways from
sites with a slope greater than one percent
Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site
Install wind breaks at windward side(s) of construction areas
Suspend excavation and grading activity when winds exceed 20 mph
Ms. Brock July 21, 2005
T-5492, C-05-84 Page 4
- Limit area subject to excavation, grading, and other construction activity at any one time
- Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use
- Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via
a portable generator set)
- Curtail construction during periods of high ambient pollutant concentrations; this may include
ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways,
and"Spare the Air Days" declared by the District.
- Implement activity management (e.g. rescheduling activities to reduce short-term impacts)
- During the smog season (May through October), lengthen the construction period to minimize the
number of vehicles and equipment operating at the same time.
- Off road trucks should be equipped with on-road engines when possible.
- Minimize obstruction of traffic on adjacent roadways.
• The applicant should use California Air Resources Board (CARB) certified alternative fueled engines
in construction equipment where practicable. Alternative fueled equipment may be powered by
Compressed Natural Gas (CNG), Propane (LPG), electric motors, or other CARB certified off-road
technologies. To find engines certified by the California Air Resources Board, see their certification
website http://www.arb.ca.qov/msproq/offroad/cert/cert.php. For more information on alternative fuel
engines, please call Mr. Chris Acree, Air Quality Specialist, at(559)230-5829.
• Construction equipment should have engines that meet the current off-road engine emission standard
(as certified by the California Air Resources Board), or be repowered with an engine that meets this
standard. Tier I and Tier II engines have significantly less NOx and PM emissions compared to
uncontrolled engines. To find engines certified by the California Air Resources Board, see
http://www.arb.ca.qov/msproq/offroad/cert/cert.phr). This site lists engines by type, then
manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more
information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at
(559)230-5831.
District staff is available to meet with you and/or the applicant to further discuss the regulatory
requirements that are associated with this project. If you have any questions or require further
information, please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, (559).
230-5820 and provide the reference number at the top of this letter.
Sincerely,
Catherine 7hao
C�
Air Quality Student Intern
Central Region
Chrystal M ier
Air Quality Specialist
Central Region
Enclosures
c:file
I
San Joaquin valley
Air Pollution Control District
COMPLIANCE ASSISTANCE BULLETIN
October 2004
Fugitive Dust Control at Construction Sites: New Requirements
Regulation Vill, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that
generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from
earthmoving activities and vehicular/equipment traffic on unpaved surfaces, Windblown dust is also of concern
at construction sites.
The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1,
2004. This is a basic summary of the regulation' s requirements as they apply to construction sites.
Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by
equipment or by wind,at anytime. Visible Dust Emissions opacity of 20% means dust that would obstruct an
observer's view of an object by 20%. District inspectors are state certified to evaluate visible emissions. Dust
control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing
work to limit dust, and setting up wind fences to limit wind blown dust.
Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and
holidays. This requirement"also applies to inactive construction areas such as phased projects where
disturbed land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle
access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including
applying dust suppressants and establishing vegetative cover.
Carryout and Trackout occur when materials from emptied or loaded vehicles falls onto a paved surface or
shoulder of a public road or when materials adhere to vehicle tires and are deposited onto a paved surface or
shoulder of a public road. Should either occur, the material must be cleaned up at least daily, and immediately
if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods
require the complete removal and cleanup of mud and dirt from the paved surface and shoulder. Using a
blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a
violation. Larger construction sites must prevent carryout and trackout from occurring by installing gravel pads,
grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from the site.
Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at
construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at
construction sites must be posted every 500 feet.
Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include
applying water when handling materials, wetting or covering stored materials, and installing.wind barriers to
limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along
Northern Region Office Central Region Office Southern Region Office
4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700'M` Street, Suite 275
Modesto,CA 95356-9321 Fresno,CA 93726-0244 Bakersfield, CA 93301-2373
(209) 557-6400 ♦ FAX(209)557-6475 (559) 230-6000 ♦ FAX(559)230-6062 (661)326-6900 ♦ FAX(661) 326-6985
with applying water to the top of the load, and covering the cargo compartments are effective measures for
reducing VDE and carryout from vehicles transporting bulk materials.
Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces
where materials may fall. Consider all structures slated for demolition as possibly being regulated because of
asbestos, per District Rule 4002 - National Emission Standards for Hazardous Air Pollutants. Contact the
District well before starting because a 10 working day notice will likely be required before a demolition can
begin.
Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented
before, during, and after any dust generating activity for the duration of the project. Owners or operators are .
required to submit plans to the District if, at anytime, the project involves:
• Residential developments of ten or more acres of disturbed surface area.
• Non-residential developments of five or more acres of disturbed surface area.
• Relocating more than 2,500 cubic yards per day of materials on at least three days.
Construction activities may not commence until the District has approved the Dust Control Plan.
Notification by owners or operators of construction projects that are at least one acre in size and where a
Dust Control Plan is not required, must provide written notification to the District at least 48 hours in advance of
any earthmoving activity.
Record Keeping is required to document compliance with the rules and must be kept for each day any dust
control measure is used. The District has developed record forms for water application, street sweeping, and
"permanent" controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or
other durable materials. Records must be kept for one year after the end of dust generating activities (Title.V
sources must keep records for five years).
Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all
Regulation VIII requirements and Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other
Earthmoving Activities exempts the following construction and earthmoving activities:
• Blasting activities permitted by California Division of Industrial Safety.
• Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the
existing building or less than 10,000 square feet (due to asbestos concerns, contact the District at least
two weeks ahead of time).
• Additions to single family dwellings.
• The disking of weeds and vegetation for fire. prevention on sites smaller than '/ acre.
• Spreading of daily landfill cover to preserve`public health and safety and to comply with California
Integrated Waste Management Board requirements.
Nuisances are prohibited at all times because District Rule 4102 — Nuisance applies to all construction
sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is important to monitor dust-
generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive
dust.
For more information please contact the Compliance Division of the District office nearest to you. Information
on Regulation VIII, where you may obtain copies of record keeping forms, the Dust Control Plan template, and
the Construction Notification form, is available on the District's website at:
www.valleyair.org
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Ad
City of
Department of Public Utilities
Solid Waste Division
1325 E. EI Dorado • Fresno, Califomia 93706-2014
(559) 621-1452
www.fresno.gov
August 3, 2005
TO: Sandra Brock, Planner III
Planning and Development Department
THROUGH: Robert Weak-ley, Chief of Operations
Department of Public Utilities, Solid Waste Division
FROM: Donna Leslie, Staff Assistant
Department of Public Utilities, Solid Waste Division
SUBJECT: TT 5492, Solid Waste Conditions of Approval
The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting
Tentative Tract Map 5492 that was submitted by Quad Knoph. The following requirements and
conditions are to be placed on tlus vesting tentative tract map as a condition of approval by the
Department of Public Utilities.
General Requirements:
• Tract 5492 will be serviced as Single Family Residential properties with Basic Container
Service. Property owners will receive 3 containers to be used as follows: 1 Gray container
for solid waste, 1 Green container for green waste and 1 Blue container for recyclable
material.
• The owners, lessees or other tenants of the residential dwellings on service day,before
6:00 a.m., shall place their solid waste containers at the edge of the curb approximately
4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's
Solid Waste Management Division Standards.
• Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10.
No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline
after 8:00 p.m. on the collection day.
Page 1 of 2
Special Conditions:
• Project phasing- all streets shall connect to one another or a temporary turnaround shall be
provided. Turnaround shall be large enough to accommodate a solid waste vehicle with a
turning radius of 44. Turnaround shall be kept clear of all vehicles on the solid waste
service day.
Covenant Requirement:
• There shall be no parking allowed in the cul-de-sac on the solid waste service day.
Lots 60 - 66 on East Kaviland Avenue shall be kept clear of all vehicles on the solid waste
service day.
Page 2 of 2
1:\Conditions of Annrowd T75492.wnd
D E P A R T M E N T O F P U B L I C W O R K S
TO: Sandra Brock, Planner III
Planning Division
FROM: Ann Lillie, Senior Engineering Technician (559.621.8690)
DATE: August 4, 2005
SUBJECT: Tentative Subdivision Map T-5492(Located south side of East Church Avenue between
South Elm and South Clara Avenues)
The Department of Public Works has reviewed the Tentative Subdivision Map proposed by LZR, Inc., on
engineering plans prepared by Quad Knopf.dated March 2005 The Department of Public Works offers the
following comments regarding the Street Tree, Buffer/Parkway and Median Island Landscape conditions.
GENERAL REQUIREMENTS
STREET TREES REQUIREMENTS
1. The subdivider is required to provide street trees on all public street frontages and the dedication
planting and buffer landscaping easements. Street trees shall be planted at the rate of one tree for
each 60'of street frontage. Tree planting shall be within a 10'Planting and Public Utility Easement.
Street trees shall be planted by the Developer. The subdivider is required to provide automatic drip
irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23.
Recommended tree species to be planted as follows:
STREET NAME STREET TREE SPECIES/COMMON NAME
East Church Avenue Cinnamomum camphora-Camphor
South Elm Avenue Ulmus parvifolia- Chines Elm
South Clara Avenue Fraxinus americana `Autumn Applause' -Ash
2. Street Tree Planting by Developer: For those lots having internal street tree frontage available
for street tree planting,the developer shall plant one tree for each 60'of street frontage, or one tree
per lot having street frontage, whichever is greater.
a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree
per lot whichever is greater.
b. Street trees shall be planted in accordance with the City of Fresno, Department of Public
Works"Standard Specifications."
c. Landscape plans shall indicate street tree planting locations and species. Landscape plans shall
be reviewed and approved by the Department of Public Works, Engineering Services. A street
tree planting permit shall be required for all residential street tree planting.
d. Performance and payment securities,paid with final map, will be released when all
landscaping installed on public and/or city controlled property is in conformance with the
Specifications of the City of Fresno.
e. Upon acceptance of the required work,warranty security shall be furnished to or retained by
the city for guaranty and warranty of the work for a period of ninety days following acceptance.
BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS
1. The subdivider is required to provide long term maintenance for the landscape in the landscape
easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities
District, or may form a Home Owner's Association.
2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and
Irrigation plans are required and shall be submitted to the Department of Public Works for review and
approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be
included in the Department of Public Works street construction plan set for the final map. These fees
are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's
Community Facilities District.
1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City
Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23
& 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer
landscaping.
2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer
and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a
more uniform appearance on the street. Variances in the landscape concept will be acceptable,but
the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much
as possible.
3. Landscape plans shall indicate grades and show fencing or wall details. All fencing shall be
placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level
ground between the slope and the back of the side walk and/or face of fence. Erosion control
measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control
netting in combination with ground cover species approved by the Department of Public
Works/Engineering Services Division.
4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows.
5. No private flags,signs or identification of any kind shall be permitted in the right-of-way,within
the City-controlled easement or on the fence or wall facing the street.
6. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the
responsibility of the City of Fresno Water Division and may not be included in the CFD.
MEDIAN ISLAND LANDSCAPE REQUIREMENTS
1. When median islands front onto the proposed development project, applicants shall be required to
submit plans showing the location and configuration of all median islands fronting the proposed
project for review and evaluation for median island landscaping requirements. Existing utilities,
including,but not limited to city water lines/service points, sanitary sewer, storm drains, electrical
lines,existing landscaping including trees,shrubs,ground cover beds,irrigation facilities,and other
miscellaneous landscape features shall also be clearly defined. If a new median is required by the
Traffic Division,the median island landscaping shall be applied as per FMC section 12-306-24. The
Public Works Department requires 2 foot wide colored concrete strips on all proposed median islands
with a 12 inch by 12 inch slate pattern in brick red.
OUTLOTS
1. THE DEPARTMENT OF PUBLIC WORKS will not be responsible for the maintenance of any
outlots if they are not included into the CFD2. If the outlots are to be included into the CFD2, the
Department of Public Works will require approving landscape and irrigation plans prior to inclusion
into the CFD2.
BIKE PATH
1. All proposed Multipurpose Paths shall be constructed in accordance with city requirements and
standards. Cross-sections will be required with Street Plans and Landscaping Plans for review.
City f ������A'��i
C y o v l�
ri-11� ®'�o►� Fire Department
450 M Street Randy R. Bruegman
559-621-4000 mIa 93721-3083 Fire Chief
FAX#559-498-4261 �'
www.fresno.govF,�U�C�
Date 7-18-05
TO: Sandra Brock, Planner III
Development
Department, Planning Division
FROM: Mike Schmidtoslu ervisin Fire Prevention Inspector
P 9 P
Fire Prevention Bureau
SUBJECT: Tentative Tract No. 5492
The Fire Department has completed a review of the Vesting Tentative Tract Map 5492,
which was submitted by Quad Knopf. The following requirements and conditions are to
be placed on this vesting tentative tract map as a condition of approval by the Fire
Department.
General Requirements:
This project is within 1.5 miles of Fire Station No. 7.
This project is not in a UGM Fire service fee area.
Provide residential hydrants and fire flows per Public works standards with two sources of
water.
Access is acceptable as shown.
Note: Phasing of tract will require re-review for access requirements.
: City of
RMT IC���
F-nc
DATE: September 2, 2005
TO: Sandra Brock, Planner III
Development Department, Planning Division
THROUGH: Scott Mozier, P.E., Traffic Engineering Manager
Public Works Department, Engineering Division
FROM: Louise Monroe, Traffic Planning Supervisor
Public Works Department, Engineering Division
SUBJECT: TT 5492 / C-05-084, Public Works Conditions of Approval
(Church: between Martin Luther King and Elm)
The Public Works Department, Traffic Planning Section, has completed its review and the following
requirements are to be placed on this tentative map as a condition of approval by the Public Works
Department.
General Conditions:
Provide curb ramps at all corners within the limits of this subdivision.
Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno
Municipal Code Section 12-1011 and Resolution No. 78-522/88-229.
Submit the following plans, as applicable, in a single package, to the Planning and Development
Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight
and Trail Lighting, Signing and Striping.
Frontage Improvement Requirements:
Major Streets:
Church Avenue: Collector
1. Dedicate 54' (CO OPL 42) of property, from section line, for public street purposes within the
limits of this subdivision to meet the current City of Fresno's Collector Standards.
2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern
shall be constructed to a 10' residential pattern.
3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub-
division.
4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector
Streets.
5. Relinquish direct vehicular access rights to Church Avenue from all lots within this subdivision.
Page 1 of 3
CALouise\TRACT MAPS\T-5492 CHURCH BTWN MLK AND ELM.doc
Elm Avenue: Arterial
1. Dedicate 45' (OPL 14 )of property, from section line, for public street purposes within the limits of
this subdivision to meet the City of Fresno's Arterial Standards.
2. Construct concrete curb and gutter and sidewalk to Public Works Standard P-5. Construct
sidewalk to a 10' residential pattern.
3. Construct 20' of permanent paving within the limits of this subdivision.
4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial
Streets.
5. Relinquish direct vehicular access rights to Elm Avenue from all lots within this subdivision.
Clara Avenue: Local
1. Dedicate 30' of property, from center line, for public street purposes within the limits of this
subdivision to meet the current City of Fresno's Local Street Standards.
2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern
shall be constructed to a 10' residential pattern.
3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub-
division.
4. Construct an underground street lighting system to Public Works Standard E-2 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local
Streets.
5. Relinquish direct vehicular access rights to Clara Avenue from all lots within this subdivision.
Interior Streets:
Design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, and
underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk
patterns shall comply with Public Works API Standards for 50' and 54' streets.
Specific Mitigation Requirements:
1. This tract will generate 154 a.m. / 76 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS)
is required. Comply with the attached mitigation measure requirements contained in the letter
dated August 4, 2005 from the Traffic Engineering Manager.
2. Relinquish direct vehicular access rights to the east property line of lot 1.
3. Clara at Grove: Proposed right of way does not line up. Redesign is required. Match exiting right
of way on East Grove Avenue. Resubmit 7 days prior to the Planning Commission hearing.
4. The first order of work shall include a minimum of two points of vehicular access to the major
streets for any phase of this development.
5. East Unice Avenue: (adjacent to lot 1) dedicate and construct full off-site improvements on both
sides of the street. Dedicate a corner cut dedication at the northwest and southwest corners of
APN 479-020-48.
6. East Edna Avenue: Correct the site plan to match the tentative map. Construct full offsite
improvements on both sides of the street.
7. APN(s) 479-020-45, 47 and 48: Frontage Improvements required beyond the limit of
development: F.M.C. Section 11-226(f) (6) and 2025 General Plan Policy numbers E-1-c, E-1-J,
E-1-n and E-3-e. See Exhibit "C".
8. See attached letter for modifications to the median in Elm at Grove.
Page 2 of 3
C:u.Mfte\TRACT MAPS\T-5492 CHURCH BTWN MLK AND ELM.doc
9. Grove Avenue (between lot 108 and Elm Avenue): Vacate additional right of way on the south
side of Grove and construct a 54' street per Public Works Standard API-1. A feasibility study for
all proposed vacations of existing public rights of way is required to be completed prior to the
approval of the tentative map.
10. Provide corner cuts at the following locations:
a. Church Avenue at Eunice Avenue
b. The Clara Avenue entry.
c. Outlot B: all corners
d. The northwest corner of lot 107.
UGM: N/A
Page 3 of 3
C:IouiselTRACT MAPS\T-5492 CHURCH BTWN MLK AND ELM.doc
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STATK OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWA 7 rrFR rnvetnar
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE a
P.O.BOX 12616
FRESNO,CA 93778-2616
PHONE (559)445-6666
Flex your power!
FAX (559)488-4088 Be energy efficient!
TTY (559)488-4066
July 12, 2005 �� '' li%^,i I.`1� 2 L)
213 1-IGR/CEQA
1 � � 6-FRE-99-19.2+/-
C-05-84 &T-5492
Ms. Sandra Brock
City of Fresno Development Department P!L :Iii �! r?ivisi a�
Developirerlt
2600 Fresno Street Ca TY 07 ;FFP,C �1141
Fresno, CA 93721
Dear Ms. Brock:
We have reviewed the use permit and map for the 205-lot single-family residential subdivision located at
the southwest corner of Church and Elm Avenues near the junction of State Route (SR)41 and SR 99.
Caltrans has the following comments:
Caltrans concurs with the trip distribution/trip generation from the project's TIS.
The TIS indicates that this development would generate 208 trips during the evening peak travel periods.
A review of the study's trip distribution indicates that trips from the development would impact the SR
41 and;SR 99 interchanges at Jensen Avenue. The study further indicates that 5 project trips would
impact the SR 99 northbound off-ramp to Jensen Avenue. Based on previous traffic studies, it has been
established that the SR 99 northbound off-ramp to Jensen Avenue will require an additional turn lane in
order to accommodate the increasing demand. The estimated cost for this improvement is $265,900. A
cost-per-trip value of$527 has been established. Therefore, it is recommended that this proposed
development should mitigate its impacts to the SR 99 northbound off-ramp to Jensen Avenue. This
development's total mitigation is estimated to be $2,635.
The City should consider a transit alternative for this project. When combined with other residential
projects in the area,there is sufficient development to support transit, and early planning could make
such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express
(FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended
transportation alternatives.
If you have any questions,please call me at(559)445-6666.
Sincerely,
MOSES STITES
Office of Transportation Planning.
District 6
Enclosure
C: Mr.John Rowland,P.E.,Peters Engineering Group
Ms.Barbara Goodwin, Council of Fresno County Governments
"Caltrans improves mobility across California"
ATTACHMENT NUMBER 1
CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES:
Ongoing development throughout the City of Fresno, including this project, will make
traffic operations significantly worse by adding considerably to delay and congestion.
Transit alternatives can help reduce congestion and delay and reduce overall degradation
of air quality and gridlocked intersections. The City of Fresno should focus on ways to
eliminate trips in addition to enhancing capacity. Transportation alternatives the City
should consider include standard highway solutions along with the following:
1. Park and ride facilities on site or within the proximity of this project.
2. A study of the general accommodation and provision of mass transit in this area to
provide insight on ways of increasing transit usage.
3. Exploring the potential of commuter shuttles. The shuttle could be financed through
an assessment district and provide a way for individuals to utilize a park-and-ride
facility or commercial area parking lot and be shuttled to various commercial/office
centers within the area. Commuters who need to go further could use City of Fresno
transit if the City planned for convenient connections. This may help to reduce the
Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System.
4. Providing for continuity of non-motorized transportation.
5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit
passes for employees as well as including as a condition of project approval a covered
transit stop as mitigation for project-related impacts to the transportation/circulation
system.
6. Exploring the potential for linking the purchase of a monthly transit pass with new
residential development as partial mitigation for congestion and air quality impacts,
and to ensure the long term viability of public transportation.
Frelno
City of
2000
Cit�l'1'fAR'0159-621-8800 Public Works Department
2600 Fresno Street,Rm.4064 David Healey,Director
Fresno,CA 93721-3623
www.fresno.aov
e
October 31,2005
Peters Engineering Group
John Rowland
55 Shaw Avenue, Suite 220
Clovis, CA 93612
SUBJECT: RESPONSE TO TRAFFIC IMPACT STUDY (TIS) FOR T5492 LOCATED AT THE SOUTH
OF CHURCH BETWEEN ELM AND SANTA CLARA AVENUES-REVISED
We reviewed-the Traffic Impact Study (TIS) for the proposed subdivision with 203 single-family residential
units. Based on the ITE Trip Generation manual, this project will generate 2,014 daily trips, 154 AM and
208 PM peak hour trips.
The City has the following comments to the traffic impact study:
As a mitigation measure, this project shall:
1. The Owner/Developer shall modify the median island at the intersection of Elm at Grove
Avenue to the center island turnout for one-way northbound and southbound left turns only
per Public Works Standard P-15; said construction is not fee creditable towards the TSMI
fee.
2. This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of
building permit based on the trip generation rate(s) as set forth in the latest edition of the
ITE Generation Manual. The fee amount is 203 (units) x 414.69 (fee rate as shown in the
Master Fee Schedule) _ $84,182.00.
If you have any further questions regarding this matter, please contact David Padilla at (559) 621-8798 or
David.Padilla @f resno.go
Sincerely,
Scott Mozier, P.E., Traffic Engin ering Manager
Public Works Department, Engineering Services
C: Traffic Engineering Reading File
Sandra Brock,City of Fresno
Louise Monroe,City of Fresno
QATmffic Impact Studies\T5492 Church at Elm Revised.doe
City of
DEPARTMENT OF PUBLIC UTILITIES
Date: July 20, 2005
To: SANDRA BROCK, Planner III
Planning and Development Department, Advance Planning
From: GREGORY CONTRERAS, Senior Engineering Technician
Department of Public Utilities, Planning and Engineering
Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5492 and C-05-84
General
Tentative Tract 5492 and CUP 05-84, a 205-lot single-family residential planned development
subdivision on 36.5 acres of R-1 and R-2-A/cz zoned property located on the south side of East Church
Avenue between South Elm and South Clara Avenues.
Environmental Recommendations
A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but
impacts can be mitigated without further study or are not serious enough to warrant an Environment
Impact Report.
Sanitary Sewer Requirements
The following sewer improvements shall be required prior to providing City sewer service to the
project:
1. Construction of an 8-inch sewer main in East Grove Avenue between South Elm Avenue and
the subject tract.
2. Sewer mains shall be extended within the proposed tract to provide sewer service to each lot
created.
3. Separate sewer house branches shall be provided for each lot created.
4. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and
submitted to the Department of Public Utilities for review and conceptual approvals prior to
submittal of the developers final map and engineered plan &profile improvement drawing for
City review.
5. Retain existing 15-foot easement for existing 14-inch Winery Stillage Waste Pipeline located in
East Grove Avenue.
6. Connection to the Winery Stillage Waste Pipeline shall not be allowed.
7. Public sewer facilities shall be constructed in accordance with the Department of Public Works
standards, specifications, and policies.
8. Abandon all existing on-site private sanitary sewer systems.
9. Engineered improvement plans prepared by a Registered Civil Engineer are required for
proposed additions to the sanitary sewer system.
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
1. Sewer Lateral Charge.
2. Oversize Sewer Area Charge.
3. Wastewater Facilities Charge (Residential Only).
Water Requirements
The following water improvements shall be required prior to providing City water service to the
project:
1. Construction of an 8-inch water main (including installation of City fire hydrants) in East
Grove Avenue between South Elm Avenue and the subject tract.
2. Water mains (including installation of City fire hydrants) shall be extended within the proposed
tract to provide service to each lot.
3. Provide a water well site of a size and at a location acceptable to the Water Systems Manager.
4. Two independent sources of water, meeting Federal and State Drinking Water Act Standards,
are required to serve the tract including any subsequent phases thereof. The two-source
requirement may be accomplished through a combination of water main extensions,
construction of supply wells, or other acceptable sources of water supply approved by the
Water Systems Manager.
5. All public water facilities shall be constructed in accordance with Public Works Department
standards, specifications, and policies.
6. Seal and abandon existing on-site well(s) in compliance with the State of California Well
Standards, Bulletin 74-90 or current revisions issued by California Department of Water
Resources and City of Fresno standards.
Water Fees
The following Water Connection Charges and fees shall be paid for the project:
1. Wet-ties, water service(s), and meter(s)installations to be performed by the City Water
Division.
2. Frontage Charge.
3. Transmission Grid Main Charge.
4. Transmission Grid Main Bond Dept Service Charge.
'' `r - ,,,,�• �' OFFICES OF
N7T
A 'T
1
PHONE(559)233-7161
- FAX(559)233-8227
2907 SOUTH MAPLE AVENUE
- FRESNO,CALIFORNIA 93725-2218
Your Most Valuable Resource-Water
July 11, 2005 I r
J U L 13 2005
Ms. Sandra Brock P;,:,;s; ;n ;-};,,,ss;nt,
City of Fresno i � ;mot i1r nt
,11 jr
Development Department
Planning Division
2600 Fresno Street, Room 3043
Fresno, CA 93721-3604
RE: VTTM No. 5492, CUP No. C-05-84
Dear Ms. Brock:
FID's comments and requests are as follows:
1. FID does not own, operate or maintain any facilities located on the applicants property.
2. FID expects no adverse impacts from the approval of the subject proposal.
Thank you for submitting this for our review. Please feel free to contact me with any questions
or concerns at 233-7161 extension 317 or biol-inson@fresnoirrigation.com.
E
rely,
Bret Johnson
Engineering Technician I
Agencies\City\TM5492 C-05-84
BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL
DIRECTORS JEFF NEELY.EDDIE NIEDERFRANK,STEVEN G BALLS, General Manager GARY SERRATO
File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro, Planning Manager LZR, INC.
Planning & Development Department 7545 N. DEL MAR AVE.
City of Fresno FRESNO, CA 93711
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 5492 PRELIMINARY FEE(S) (See below)
DRAINAGI AREA(S) " II1 SS DRAINAGE AREA " II1 " $34,510.00
DATE 7(/25 bi' DRAINAGE AREA " SS " $621)701.00
TOTAL FEE $97,211.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The
District in cooperation with the City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to mph
approval of the final map for the fee.
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required to be
constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
5492 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee.obligation, reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. a. Drainage from the site shall be directed to
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 -4-3
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan X Storm Drain Plan X Final Map
X Street Plan X Water& Sewer Plan Other
4. Availability of drainage facilities:
a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
X b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No. 2.
5. The proposed development:
X Appears to be located within a X 500 year 100 year flood prone
area as designated on the latest Flood Insurance Rate Maps available to the District,
necessitating appropriate floodplain management action. See attached Floodplain Policy
Does not appear to be located within a flood prone area.
5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges
Associated with Construction and Industrial Activities (State General Permits) require developers
of construction projects disturbing one or more acres, and discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)
permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. These
requirements apply both to pollutants generated during construction, and to those which may be
generated by operations at the development after construction. Mi
a.
State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading, and disturbances to the ground
that result in soil disturbance of at least one acre (or less than one acre if part of a larger
common plan of development or sale). Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control Z
Board (State Board), develop and implement a storm water pollution prevention plan,
eliminate non-storm water discharges, conduct routine site inspections, train employees O
in permit..compliance, and complete an annual certification of compliance.
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification(SIC) code. The following categories of industries
are generally required to secure an industrial permit: manufacturing; trucking;
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:
submit a Notice of Intent to be covered and must pay a permit fee to the State Water
Resources Control Board, develop and implement a storm water pollution prevention
plan, eliminate non-storm water discharges, conduct routine site inspections, train
employees in permit compliance, sample storm water runoff and test it for pollutant
indicators, and annually submit a report to the State Board.
5492 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office) to
meet the requirements of the State General Permits, eliminate the potential for non-
storm water to enter the municipal storm drain system, and where possible minimize
contact with materials which may contaminate storm water runoff.
7. A requirement of the District may be appealed by filing a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
8. The District reserves the riht to modify, reduce or add to these requirements, or revise fees,as-
Z1- —
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
9. X See Exhibit No. 2 for additional comments, recommendations and requirements.
erald E. Lakeman, Project Engineer: Ric y s
District Engineer
C: QUAD KNOPF
8405 N. FRESNO ST., STE 300
FRESNO, CA 93720
549. 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
NOTE:
THIS DRAWING IS SCHEMATIC,
DISTANCES ARE APPROXIMATE.
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LEGEND
Master Plan Facilities To Be Constructed By Developer-
Pipeline(size Shown)&Inlet
® Existing Storm Drainage Easement Location
p-- —p Existing Master Plan Facilities
�-- Future Master Plan Facilities
Direction Of Drainage
—————— Inlet Boundary TRACT 5492
Drainage Area Boundary SCALE i"=300'
• Existing Temporary.lnlet CUP 2005-084
DRAINAGE AREA: "Bl","SS"
EXHIBIT NO. 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
MOM BY. MY CAM 7113M
K1M ITRgACf531B2Mq REVISED BY: - CAM -
OTHER REQUIREMENTS
EXHIBIT NO. 2
The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements,
is eligible for credit against the drainage fee of the drainage area served by the facilities. A
Development Agreement shall be executed with the District to effect such credit. Reimbursement
provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that
Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the
facilities cost for such individual area total less than the fee of said area,the difference shall be paid
upon demand to the City or District.
There are existing easements within this project as shown on Exhibit No. 1. No encroachments into
the easement shall be permitted including,but not limited to,foundations,roof overhangs,swintruing
pools, and trees.
No surface run-off shall be directed towards the District basin.
The District recommends a single fence between the site and the District's basin. The Developer
should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than
the existing chain link fence is proposed, District review and approval of the proposed fence is
required.
The District requests that the grading Engineer contact the District as early as possible to review the
proposed site grading for verification and acceptance of grades at our mutual property line prior to
preparing a grading plan.
The drainage fee identified on this notice reflects a reduction credit of fifty-five percent(55%)of the
drainage fee amount otherwise payable by the proposed development of Tract 5492. This credit is
applied to development entitlements within Drainage Areas "RR" and "III" which are obligated
under ordinance to pay a"full cost"drainage fee,but which are also subject to an increased Benefit
Assessment on their annual property tax bill for completion of the Drainage Area "RR" and "III"
systems. As this increased levy will fund a portion of a project which will complete the storm drain
facilities in Drainage Areas"RR"and"Ili",the"full cost"drainage fee rates for these drainage areas
can be, and are by this fifty-five percent (55%) reduction, proportionately reduced.
Development No. Tract 5492
ener\permits\exhib OWract\5492(rl)
FLOOD PLAIN POLICY
Primary Flood Plains
Because of the relatively high velocities and volumes of flood flow associated with primary flood
plains, and because the primary flood plain is responsible for passing the greatest percentage of the
flood event,development located in such flood plains is subject to substantial risk,both to itself and
to others as a result of the potential for blockage and diversion of flood waters. In view of these
factors, the following policy statement is proposed:
Policv 1) All proposed development activity shall be the subject of a detailed
hydrological flood hazard investigation to determine the relationship of the
proposed development to the secondary flood plain and the primary flood
plain; and,further, to identify the estimated high water elevation of the 100-
year flood event.
2) All development and/or permanent improvement activity which, if located
within the primary floodway, may unduly impede, retard, or change the
direction of flow of water either,by itself,or by the catching or collecting of
other debris or is placed where the flow of water would carry such
obstruction downstream to the damage or detriment of either life or property,
should not be permitted.
Secondary Flood Plains
Because development within secondary flood plains is subject to inundation,but without the threat of
increased velocities of flood waters, and because the excessive development of the secondary flood
plain can result in increased water surface elevations through displacement of flood waters, the
following policy statement is suggested:
Policv 1) Development in secondary flood plains is generally acceptable when a
detailed hydrological flood hazard investigation report had been prepared
indicating that the area proposed for development is located within a
secondary as opposed to a primary flood plain.
2) The development must be properly flood proofed below the estimated high
water elevation of the 100-year flood event.
�) The development is accomplished is such a way as to prohibit the
displacement of any and all flood waters from that portion of the flood plain
to be developed.
engAengrformUloodplain policy-form
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
PROPOSED SPECIAL PERMIT CONDITIONS OF APPROVAL
FOR
CONDITIONAL USE PERMIT APPLICATION NO. C-05-084
PLANNED UNIT DEVELOPMENT APPLICATION FOR
VESTING TENTATIVE TRACT MAP NO. 5492
NOVEMBER 2, 2005
PART A - PROJECT INFORMATION
Assessor Parcels Nos. 479-020-36, -49, and -50
Street Location: South side of East Church Avenue, west of South Elm Avenue
Zoning: R-1 and R-2-A/cz
Project Description: A 203-lot single family residential planned unit development on
approximately 36.5 acres of property to be developed at an overall
density of 5.5 dwelling units per acre. This development will have public
streets; reduced lot sizes and building setbacks; one outlot for wall and
landscaping, one outlot for on-site open space/mini-park and potential
water well location; and four outlots for open space/pedestrian trail.
PART B - GENERAL CONDITIONS AND REQUIREMENTS
The Fresno City Planning Commission, on November 2, 2005, will consider this conditional use permit
(CUP) application subject to the enclosed list of conditions and final corrected Exhibits A (site plan,
dated October 20, 2005), B-1-a through B-3-d (home floor plans and elevations, dated October 20,
2005), E (wall, fence, and common use feature elevation plans), L (landscape plans), and these
proposed Special Permit Conditions of Approval in conjunction with the Commission's consideration
of Vesting Tentative Tract Map No. T-5492 and its proposed Conditions of Approval (copy attached).
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project may be subject to a variety of discretionary conditions of
approval. These include conditions based on adopted City plans and policies, those
determined through site plan review and environmental assessment essential to mitigate
adverse effects on the environment including the health, safety, and welfare of the community,
and recommended conditions for development that are not essential to health, safety, and
welfare, but would on the whole enhance the project and its relationship to the neighborhood
and environment.
Discretionary conditions of approval are listed in the last section of this list of conditions under the
heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are
mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal
Code Section 12-405.A can be made.
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 2
Approval of this special permit shall be considered null and void in the event of failure by the applicant
and/or the authorized representative, architect, engineer, or designer to disclose and delineate all
facts and information relating to the subject property and the proposed development including, but not
limited to, the following:
1. All existing and proposed improvements including but not limited to buildings and structures, signs
and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject
property and all of the preceding which are located on adjoining property and may encroach on
the subject property;
2. All public and private easements, rights-of-way and any actual or potential prescriptive easements
or uses of the subject property;
3. Existing and proposed grade differentials between the subject property and adjoining property
zoned or planned for residential use; or
4. Vesting Tentative Tract Map expires (i.e., no Final Tract Map is approved for the subject property).
Approval of this special permit may become null and void in the event that development is not
completed in accordance with all the conditions and requirements imposed on this special
permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The
Development Department shall not assume responsibility for any deletions or omissions
resulting from the special permit review process or for additions or alterations to construction
plan not specifically submitted and reviewed and approved pursuant to this special permit or
subsequent amendments or revisions.
No uses of land, buildings, or structures other than those specifically approved pursuant to this site
plan shall be permitted. (Include this note on the final corrected site plan.)
Transfer all red line notes, etc., shown on all original conditional use permit exhibits to the final
exhibits, and add notes and make corrections on those exhibits. CORRECTIONS SHALL INCLUDE
ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST
PROVIDED BY THE PLAN CHECK PROCESS.
To complete the backcheck process for building permit relative to planning and zoning issues, submit
eight copies of this corrected, final site plan, together with six copies of the home floor
plans/elevations, landscape, and irrigation plans, and any required covenants and/or studies or
analyses to the Planning Division, for final review and approval, at least ten days before applying for
building permits.
Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the
Planning Division must be substituted for unstamped copies of same in each of the four sets of
construction plans submitted for plan check prior to issuance of building permits. The final approved
site plan must also include all corrections identified in the plan check process. Be advised that on-
site inspections will not be authorized unless the final stamped approved site plan, home floor
plansielevations, landscape, and irrigation plans are included in the plan check file copy.
Please call Sandra Brock at 559-621-8041 for an appointment for final sign-off for building
permits following your receipt and substitution of the four copies of the stamped, corrected,
approved exhibits in the plan check sets.
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 3
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees,
dedication, reservations or exactions for this project are subject to protest by the project applicant at
the time of approval or conditional approval of the development or within 90 days after the date of the
imposition of the fees, dedications, reservation or exactions imposed on the development project.
This notice does not apply to those fees, dedications, reservations or exactions which were previously
imposed and duly noticed; or, where no notice was previously required under the provisions of
Government Code Section 66020(d)(1) in effect before January 1, 1997.
PART C - PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and proposed
on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to
omission or misrepresentation of information, for which this review process is dependent, will be
imposed whenever such conditions are disclosed.
Questions relative to dedications, street improvements or off-street parking geometrics may be
directed to Louise Monroe of the Public Works Department, Engineering Division, Traffic Engineering
Section, ph. 559-621-8678. Questions relative to utility requirements may be directed to Doug Hecker
of the Department of Public Utilities, Engineering Division, ph. 559-621-8554.
The Fresno City Council adopted new and updated impact fees for development projects; these fees
have not yet been estimated in detail for this project. Questions relative to utility connection charges,
traffic signalization, and other development impact fees may be directed to Frank Saburit of the
Planning and Development Department, Building and Safety Services Division, Land Division and
Engineering Section, ph. 559-621-8077, .
1. DEDICATIONS, STREET IMPROVEMENTS, GEOMETRICS AND PARKING
a. All improvements shall be constructed in accordance with the General Conditions of
Project Approval (copy attached) and in accordance with Standard Specifications of the
City of Fresno-Public Works Department. Street construction plans must be reviewed
and approved by the City Engineer prior to commencement of work. Performance of any
work within the public street rights of way (including pedestrian and utility easements)
requires a Street Work Permit prior to commencement of the work. All required street
improvements must be completed and accepted by the City prior to occupancy.
b. Dedications and street improvements shall be made according to requirements set forth
in the September 2, 2005 memorandum from the Public Works Department, Engineering
Division, Traffic Engineering Section, regarding Vesting Tentative Tract Map No. 5492
and CUP Application No. C-05-084 and in the letter from the Public Works Department,
Engineering Division, Traffic Engineering Section to Peters Engineering, dated
October 31, 2005 (copies attached).
C. A site grading and drainage plan is required to be reviewed and approved by the
Planning and Development Department, Building & Safety Services Division prior to the
commencement of grading or street work.
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 4
d. Any damaged and/or off-grade off-site concrete improvements within the area of work
required for this tract shall be repaired as determined by the Public Works Department
Construction Management Division (ph. 559-621-5500). All survey monuments within
the area of construction shall be preserved or reset by a Registered Civil Engineer or a
Licensed Land Surveyor.
e. Install street lighting on public and private street frontages to applicable City Subdivision
Standards (arterial standards for West McKinley Avenue; local street standards for local
streets within the tract). Street lighting plans must be approved by the Public Works
Department (Traffic Engineering Division 559-621-8811) prior to street light installation.
Show street light locations on the final corrected site plan exhibit.
f. Provide access and directional signs (e.g. "Entrance," "Exit," "Right Turn Only," "One
Way," handicap signs, etc.) as determined by the-City Traffic Engineer and as noted on
redline corrections to Exhibit A dated October 20, 2005.
g. Vehicular and Pedestrian access to East Church Avenue shall be prohibited for Lots 1, 2,
3, and 163. Vehicular and Pedestrian access to South Elm Avenue shall be prohibited
for Lots 71, 72, and 73. Vehicular and Pedestrian access to South Clara Avenue and
East Grove Avenue shall be prohibited for Lots 39 through 50. Relinquish direct
vehicular access rights (but retain pedestrian access rights) to South Clara Avenue for
Outlot D. Relinquish direct vehicular and pedestrian access rights to South Tracy
Avenue (to be renamed) for Lot 2 to within thirty feet of East Larson Avenue (to be
renamed East Edna Avenue).
h. Parking shall be prohibited on the street frontages of Outlot C of Tract 5492, the on-site
mini-park. "No Parking" signage and any required curb painting shall be included on
street work plans and shown on corrected Exhibit A site plan and on street work plans.
i. Minimum driveway length (minimum building setback for garages) is to be twenty feet
(20'). Alternatively, this setback may be reduced to eighteen feet (18') where homes,are
to be equipped with roll-up garage doors (this is to be noted this on final corrected
building elevations).
2. WATER AND SEWER SERVICE REQUIREMENTS AND CONNECTION CHARGES
a. Connection to the City of Fresno water and sewer system is required (refer to the
Department of Public Utilities memorandum, dated July 20, 2005).
b. Dedication of a water well site acceptable to the Water Division Manager is required
(refer to the Department of Public Utilities memorandum, dated July 20, 2005). Depict
this well on the final corrected site plan and landscape exhibits for CUP C-05-084.
C. Maintain the easement for the Winery Stillage Waste Line as required by the Department
of Public Utilities in its memorandum dated July 20, 2005. Depict this easement on the
final corrected site plan and landscape exhibits for CUP C-05-084 and consult with the
Department of Public Utilities and Public Works Department prior to designing, or
installing, any landscaping or structures, including fencing and walls, on any part of this
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 5
easement.
d. Water and sewer connection fees shall be paid as required in the attached list of
charges, dated July 20, 2005. These charges may be revised prior to approval of a Final
Tract Map for Vesting Tentative Tract Map No. T-5492. NOTE: Connection charge
obligations for this project will be computed during the Final Tract Map and construction
plan check processes. Any request for estimates prior to this time is subject to payment
of a Fee Exaction Charge as listed in the Master Fee Schedule.
NOTICE OF FEE DEFERRAL OPTION
Effective June 9, 1995, the provisions of Fresno Municipal Code Section 12-4.604 allow
the property owner the option to defer the payment of certain water and sewer connection
charges, from the time of issuance of building permits to the time of issuance of certificate
of occupancy.
To enable this deferment requires the owner to request the preparation of a fee deferral
covenant, pay the covenant preparation (including surcharges) and provide a certified
copy of the most current Grant Deed from the Fresno County Recorder for the subject
property. The processing of this covenant will place a lien on the property in the amount
of the outstanding fee obligation and requires subordination by parties having record title
interest in the property.
Owners are advised to submit covenant requests at their earliest opportunity as covenant
preparation, execution and approval may take 2 weeks or more and will delay the
issuance of building permits until the executed covenant is duly approved by the City.
3. UTILITIES AND UTILITY EASEMENTS
a. All existing and proposed utility systems shall be installed underground in accordance
with Sections 8-801 and 12-1011 of the Fresno Municipal Code and in accordance with
City Council Resolutions Nos. 78-522 and 88-229.
b. A ten-foot (10') public utility easement shall be provided on the subject property along the
frontage of public streets, as shown in Vesting Tentative Tract Map No. T-5492 (dated
October 20, 2005). Additional easements may be required pursuant to street
improvements. Prior to preparation of the Final Tract Map and final corrected exhibits for
CUP No. C-05-084, contact the design and right-of-way/land rights divisions of SBC
Pacific Bell, Pacific Gas & Electric Company, and Comcast (or their respective successor
companies) to verify easement requirements. Show all utility easements on final
corrected site plan and landscaping exhibits.
C. Drainage easements for Fresno Metropolitan Flood Control District (FMFCD), as
referenced in the District's Notice of Project Requirements dated July 25, 2004 and as
referenced in Vesting Tentative Tract Map No. 5492 Conditions of Approval, shall be
provided and shall be depicted on the Final Tract Map and in the final corrected site plan
and landscape plans for CUP No. C-05-084.
d. All transformers, utility vaults, manholes, above-ground backflow prevention devices,
etc., shall be shown on the final corrected site plan and on CUP landscape plans.
Above-ground transformers, utility cabinets, and related structures are not permitted in
required landscape setbacks, with the exception that backflow prevention devices may
be located in landscape setbacks, provided they are screened by vegetation.
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 6
PART D — PLANNING AND ZONING REQUIREMENTS
1. PLANNING
Development is subject to the following plans and policies:
Medium and Medium-High Density Residential Land Use, as specified by the
2025 Fresno General Plan and the Edison Community Plan
- Southwest Fresno G. N. R. A. redevelopment plan policies, for the portion of the project lying
east of the westerly side of the South Geneva Avenue alignment.
2. ZONING
Development is in accordance with:
- the existing R-1, Single Family Residential, and R-2-A/cz, Low Density Multiple Family
Residential/conditions of zoning, zone districts.
- the Planned Development section of the Zoning Ordinance (Fresno Municipal Code
Section 12-306-N-21)
3. POPULATION DENSITY
The proposed density is approximately 5.5 dwelling units per acre, which is within the
allowable range of the medium and medium-high density residential planned land uses of the
subject property, as provided by Fresno Municipal Code Section 12-403-B-2.b(1).
4. LOT AREA
Each lot shall have a minimum area as shown on the final corrected Exhibit "A" site plan for
CUP No. C-05-084.
5. BUILDING HEIGHT AND BUILDING ELEVATIONS
a. All houses in the subject planned development shall be in compliance with elevations
and plans shown in final corrected Exhibits B.
b. The maximum allowable building height for the R-1 zone district is thirty-five feet (35').
The maximum allowable building height for the R-2-A zone district is twenty feet (20').
The proposal is within the required height, provided that only the one-story home model
(shown in Exhibits B-1-a, B-1-b, B-1-c, and B-1-d) is constructed on Lots 66 through 80.
EXCEPTION: Overheight structures may be approved by the City Planning
Commission. However, no roof structure or any space above the
height limit shall be allowed for the purpose of providing additional
living or floor space. Submit a letter together with the filing fee to
the Secretary of the Planning Commission requesting approval.
6. BUILDING SETBACKS, OPEN SPACES AND LANDSCAPING
a. Reduced front, side, and rear yard setbacks of may be permitted, as shown on the final
corrected Exhibit A site plan for Conditional Use Permit No. C-05-084. Front yard
setbacks shall be varied within the building envelope depicted in Exhibit A. As noted
previously, garage setbacks shall be a minimum of twenty feet from the property line
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 7
(from the inner edge of sidewalks), but may be reduced to a minimum of eighteen feet
when roll-up garage doors are specified on a home.
b. There shall be side yard at least six feet in width on the garage side of all residential lots
in the tract. Alternatively, the garage side yard may be less than six feet in width,
provided the side yard gate has a clear opening at least four feet in width. This garage
side yard shall have a paved area at least five feet in width extending from the driveway
along the side of the garage, in order to facilitate storage of City trash containers behind
garages or behind side yard fences. Installation of paving on this extent of side yards will
require special drainage provisions such as a drainpipe from the rear yard to the front of
the paved side yard area. These paving and drainage features shall be detailed on tract
grading plans.
C. Tract Outlots B, C, D, E, and F are to be provided and improved for open space and
pedestrian trail purposes, except that a portion of Outlot C may be required to a water
well site, at the discretion of the City's Water Division Manager. These open spaces
shall be maintained by either a homeowner's association (if ownership is to be retained
by the subdivider or held in common by the association) or they shall be deeded to the
City of Fresno and maintained through the City's Community Facilities District.
d. Provide the following minimum landscaped areas, incorporating street tree requirements
set forth in the Conditions of Approval for Vesting Tentative Tract Map No. 5492, dated
November 2, 2005:
(1) 10 feet along South Elm Avenue
(2) 10 feet along East Church Avenue
(3) 10 feet along South Clara Avenue
(4) Outlot A where there is no hardscape (sidewalk/path, curbing, etc.) being installed
(5) Outlots B, C, D, E, F, and A shall be landscaped where there is no hardscape
being installed, provided that the Department of Public Utilities and the Public
Works Department review and approve any proposed landscaping on, and
abutting, the fifteen-foot easement for the Winery Stillage Waste pipeline that
traverses Outlots C, D, E, and F.
(6) The developer shall install front yard landscaping in all residential lots, with
irrigation systems and at least two medium-sized trees in each front yard. Trees
in planting strips shall be considered street trees and shall require a street tree
inspection fee of $30 per each 60 ft. of lineal street frontage or $30 per street
tree, whichever is greater; street tree inspection fees shall be payable prior to
Final Tract Map approval. (Refer to the Department of Public Works
memorandum from Ann Lillie, dated August 4, 2005; copy attached). Shrubs and
hedges, may be installed in front yards, subject to safe visibility standards (height
below three feet).
NOTE: A "medium-sized tree" is defined as one which will attain a height of 30
to 60 feet at maturity. Two small trees (up to 30-feet high at maturity) may be
substituted for one medium sized tree.
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2,2005
Page 8
(7) Final corrected landscape exhibits for CUP No. C-05-084 shall detail all the
required the landscaping, and landscaping, park, and pedestrian trail
improvements for Tract 5492 Outlots must be approved by the Planning and
Development, Public Works and Parks, Recreation, and Community Services
departments prior to approval of the Final Tract Map for Vesting Tentative Tract
No. 5492. This landscape plan will require revision if the water well site required
for Vesting Tentative Tract No. 5492 is subsequently located within the
subdivision's boundaries.
(8) Include the following instructional note on final corrected landscape plans
for CUP No. C-05-084, and ensure compliance with these procedures during tree
planting:
STREET TREES SHALL BE PLANTED BY THE PROPERTY OWNER AND
SHALL BE INSPECTED BY THE CITY PURSUANT TO THE PAYMENT OF
STREET TREE INSPECTION FEES. -THE PROPERTY OWNER IS REQUIRED
TO PROVIDE AN IRRIGATION SYSTEM WITH ONGOING WATER SUPPLY.
AN APPROVED LANDSCAPE PLAN, PROPERLY SCALED AND DIMENSIONED,
SHALL SERVE AS A STREET TREE PLANTING PERMIT FOR ON-SITE TREES
NOT IN THE PUBLIC RIGHT OF WAY. A COPY OF THIS PLAN SHALL BE KEPT
AT THE JOB SITE AT ALL TIMES.
FOR ALL TREES BEING PLANTED WITHIN THE RIGHT OF WAY, INCLUDING
PARK STRIPS, AN ENCROACHMENT PERMIT FROM THE PUBLIC WORKS
DEPARTMENT IS REQUIRED PRIOR TO COMMENCEMENT OF ANY
LANDSCAPE WORK. ALL PLANTING AND IRRIGATION IN THE PUBLIC RIGHT
OF WAY SHALL BE IN ACCORDANCE WITH THE CITY OF FRESNO PUBLIC
WORKS STANDARD SPECIFICATIONS SECTIONS NOS. 25 AND 26:
NOTIFY THE PUBLIC WORKS DEPARTMENT CONSTRUCTION MANAGEMENT
DIVISION (559-621-5600) 72 HOURS PRIOR TO TREE HOLE DRILLINGITREE
PLANTING IN THE PUBLIC RIGHT OF WAY, IN ORDER TO VERIFY TREE
LOCATIONS, TO OBTAIN INSPECTION OF DRILLING OPERATIONS, AND TO
CHECK BACKFILLING PROCEDURES AND SAFETY BARRIERS. DRILLING
SHALL BE COMPLETED WITHIN THE 14 DAYS FOR WHICH CLEARANCE WAS
OBTAINED FOR APPROVED LOCATIONS.
DRILLED TREE HOLES SHALL BE TWO FEET (2') IN DIAMETER AND DRILLED
TO A DEPTH WHERE VISUAL EVIDENCE OF THE SUBSURFACE SAND OR
GRAVEL DRAINAGE STRATUM IS APPARENT. THE DRAINAGE HOLE SHALL
BE DRILLED A MINIMUM OF TEN FEET(10') DEEP.
IMMEDIATELY FOLLOWING DRILLING, THE HOLE SHALL BE BACKFILLED
WITH SOIL DRILLED FROM THE HOLE, USING SUFFICIENT WATER TO
THOROUGHLY SATURATE THE BACKFILL MATERIAL. IMMEDIATELY
FOLLOWING BACKFILLING, THE WHITE SPOT DESIGNATING THE PLANTING
SITE IS PAINTED BLACK TO INDICATE THAT THE SITE HAS BEEN DRILLED.
DRILLED SITES ARE TO BE BARRICADED AND CHECKED DAILY FOR FIVE
(5) WORKING DAYS FOR SOIL SETTLING. SOIL LEVELS ARE TO BE
ADJUSTED AS NECESSARY DURING THIS TIME. AFTER SEVEN (7) DAYS,
THE BARRICADES AND EXCESS SOIL ARE TO BE REMOVED. SOIL SHALL
BE ALLOWED TO SETTLE FOR A MINIMUM OF TWENTY (20) DAYS PRIOR TO
PLANTING.
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 9
(9) No structures of may be installed or maintained within the above landscaped
areas such as exposed utility boxes, transformers, meters, or piping
EXCEPTIONS:
(a) Backflow prevention devices are allowed to be located in the landscape
areas or setbacks if they are screened by landscaping or such other means
as may be approved.
(b) A public water well pump station may be located and constructed in
Outlot C, pursuant to a separate Conditional Use Permit, if that is the
location chosen by the Water Division Manager for the water well site
required for Vesting Tentative Tract No. 5492.
(c) Structural improvements related to recreational use of Outlots B, C, D, E,
and F may be installed, provided they meet the standards outlined in the
communication frorn Forrest Dean, Parks Maintenance Supervisor, in an -
email dated October 24, 2005, and provided that the Department of Public
Utilities and the Public Works Department review and approve any
proposed landscaping on, and abutting, the fifteen-foot easement for the
Winery Stillage Waste pipeline that traverses Outlots C, D, E, and F.
(10) Prior to final inspection of the first sale home in this subdivision, a written
certification, signed by a landscape professional approved by the Director, shall be
submitted stating that the required landscaping and irrigation system was installed
in the landscape strips and outlots. Prior to final inspection and issuance of
occupancy for each home in the subdivision, written certification shall be provided
that the front yard landscaping and irrigation system has been installed in that
home's lot.
(11) Landscaping shall be maintained in good health. Trees may not be trimmed or
pruned to reduce the natural height or overall crown of the tree, except as
necessary for the health of the tree and public safety; or as may otherwise be
approved by the Planning and Development Department. (Put this note on the
final corrected site plan and landscape plans.) Proper maintenance�of :this
landscaping and irrigation shall be addressed in tract covenants/homeowners
association regulations.
11. FENCES, HEDGES, AND WALLS
a. Walls and gates shall be in compliance with the final corrected Exhibit A site plan and as
specified in the Conditions of Approval for Vesting Tentative Tract Map No. 5492 dated
November 2, 2005. These conditions specify backup wall treatment along East Church,
South Elm, and South Clara Avenues, with further requirements to extend the walls
along side and rear property lines of tract lots and existing residential parcels on East
Church Avenue. The conditions also address corner cutoff provisions applicable to walls
and fences in the tract, and require a minimum four-foot (4') clear opening for side yard
gates on the garage sides of homes, to provide sufficient room to store trash containers
in the rear yard or behind the fence in the side yard. Final corrected elevation exhibits
for CUP No. C-04-084 shall include a detail of the construction design,
material/surfacing, and color of walls and fences to be used in this project.
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 10
b. Temporary fences to secure projects under construction are allowed. Any temporary
fence shall be adequately secured and constructed to prevent overturning due to wind,
vandalism and/or casual contact by the general public. The construction shall be
performed in such a manner as to minimize any potential safety hazard which may occur
as a result of improper fence installation or damage to the fence.
12. ACCESS
a. Vehicular and pedestrian access shall be provided to all parcels by means of public
street improvements. This access shall be provided, and prohibited, as specified in the
Conditions of Approval for Vesting Tentative Tract Map No. 5492 dated November 2,
2005.
b. Vesting Tentative Tract NO. 5492 Outlots B, D, E, and F, and the southerly portion of
Outlot C, are reserved for pedestrian trail uses.
C. There is no direct cross-access required or approved between the subject property and
adjacent properties.
d. Two points of emergency access capable of accommodating Fresno Fire Department
apparatus shall be maintained throughout the construction phase of this project and after
the project is completed.
13. SPACE BETWEEN BUILDINGS
Depict minimum required space between buildings on the final corrected Exhibit A site plan as
may be required by the California Building Code, Fresno Fire Department.
14. OFF-STREET PARKING AND LOADING SPACES
a. A minimum of two fully enclosed parking spaces per dwelling unit is required in this
project. These spaces shall conform to the size and accessibility standards of Fresno
Municipal Code Section 12-306-1-1.
b. if truck loading spaces, or additional parking for guests or employees, is to be provided
within this project, delineate these loading spaces and parking spaces on the final
corrected Exhibit A site plan exhibit. Loading spaces for trucks in excess of two tons
have a minimum required size of twelve feet by forty feet (12' x 40') and a minimum
vertical clearance of fourteen feet (14').
C. Public and staff parking related to any on-site tract sales office is not addressed in this
application. If an on-site tract sales office is to be provided, a separate application will
need to be submitted to determine appropriate parking for that use.
14. OUTDOOR ADVERTISING
Signs, other than directional signs,_are not approved for installation as part of this special
permit. Submit for separate Sign Review. Contact the Planning and Development Department
Public Services Counter for information (ph 559-621-8277). (Include this note on the final
corrected Exhibit A site plan.)
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 11
15. COVENANTS AND AGREEMENTS
The covenants, conditions, and restrictions for the owner's association shall comply with
Section 12-1026 of the Fresno Municipal Code. Pursuant to a commitment made by the
applicant, the proposed homeowners' association covenants (containing rules and restrictions
for use and maintenance of property within the tract) shall be provided to the Edison Merger 11
Advisory Committee for their review and comment prior to being recorded.
PART E - CITY AND OTHER SERVICES
1. FIRE PROTECTION REQUIREMENTS
Comply with requirements noted in Vesting Tentative Tract Map No. 5492 Conditions of
Approval dated November 2, 2005.
2. FLOOD CONTROL AND DRAINAGE REQUIREMENTS
a. Comply with the Fresno Metropolitan Flood Control District (FMFCD) Notice of
Requirements for Conditional Use Permit No. C-05-084, dated July 25, 2005 (copy
attached). If the project is to be phased, or if the last phase is not completed prior to
FMFCD's annual fee update, contact FMFCD regarding pro-rate and adjustment of the
$97,211 drainage fee required by this Notice of Requirements.
b. Temporary ponding basins are not required for this project; however, if they become
necessary due to phasing of Vesting Tentative Tract Map No. 5492, they shall be
constructed according to City of Fresno Public Works Standard No. P-62 and fenced
according to Public Works Standard No. P-45 (copies of updated standards are
attached). Temporary basins and their related fencing shall be properly maintained
(refer to the attached Guidelines for Ponding Basin/Pond Construction and Management
to Control Mosquito Breeding, dated October 29, 2004) by the developer until they are no
longer needed, and then they are required to be filled in and compacted pursuant to a
grading plan approved by the Planning and Development Department.
I,Y
C. The proposed project is over one acre in size and requires a stormwater pollution
prevention plan under the National Pollutant Discharge Elimination System permitting
program. It is the developer's and property owner's responsibility to ensure that the
Notice of Intent is filed in accordance with the federal and state regulations. Contact the
FMFCD Environmental Section for information and compliance assistance regarding this
requirement. File the required Notice of Intent prior to construction, and file the Notice of
Completion after all construction is done, with the California Environmental Protection
Agency Water Quality Control Board.
3. SOLID WASTE DISPOSAL AND RECYCLING
Comply with the City of Fresno Department of Public Utilities requirements noted in the
Vesting Tentative Tract Map No. 5492 Conditions of Approval, dated November 2, 2005.
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2,2005
Page 12
4. SCHOOL FEES
School fees must be paid prior to issuance of building permits. Contact West Fresno School
District and Washington Union High School District for fee details. Provide proof of payment is
required prior to issuance of building permits.
5. PARK, PEDESTRIAN TRAIL, AND STREET TREE REQUIREMENTS
Comply with requirements specified in Vesting Tentative Tract Map No. 5492 Conditions of
Approval, dated November 2, 2005, which specify areas to be landscaped, areas to be set
aside and improved as open space and trails, street tree species, and maintenance provisions
required for this open space and landscaping.
6. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Comply with requirements noted in Vesting Tentative Tract Map No. 5492 Conditions of
Approval dated November 2, 2005.
7. FRESNO IRRIGATION DISTRICT
(No requirements.]
B. FRESNO MOSQUITO AND VECTOR CONTROL DISTRICT
This District shall be afforded access as requested to inspect for mosquito breeding and to
abate unhealthy or unsanitary conditions in any public or private property in this development.
For more information, contact the District at 559-268-6565.
9. CALIFORNIA DEPARTMENT OF TRANSPORTATION ("CALTRANS")
Caltrans District 6, in a letter dated July 12, 1005, requested that the developer of Vesting
Tentative Tract No. 5492 pay $2,635 to mitigate potential traffic impacts from this subdivision
to the Jensen Avenue/Freeway 99 interchange. Imposition of this condition is dependent upon
the City of Fresno and Caltrans having an executed agreement for the City to collect and
administer State Highway facilities fees.
PART F- MISCELLANEOUS
All discretionary conditions of approval will ultimately be deemed mandatory unless appealed
in writing to the Planning and Development Department Director within 15 days.
(No discretionary conditions]
Conditions of Approval for CUP No. C-05-084, relating to Vesting Tentative Tract Map No. 5492
November 2, 2005
Page 13
Attachments: Exhibit A Site Plan, dated October 20, 2005
Exhibits B-1-a, B-1-b, B-1-c and B-1-d; B-2-a, B-2-b, B-2-c, and and; B-3-a, B-3-b, B-3-c and
B-3-d; house floor plans and elevations, dated October 20, 2005
Finding of Conformity with Master Environmental Impact Report (MEIR) No. 10130 prepared for
Environmental Assessment No. T-5492/C-05-084, with mitigation monitoring checklist
Conditions of Approval for Vesting Tentative Tract Map No. 5492, dated November 2, 2005
General conditions of Project Approval, dated November 24, 2004
Memorandum from City of Fresno Public Works Department Engineering Division Traffic
Planning Section, dated September 2, 2005
Revised letter from City of Fresno Public Works Department Engineering Division Traffic
Planning Section to Peters Engineering Group, dated October 31, 2005
Memorandum from the City of Fresno Department of Public Utilities Planning and Engineering
Division, dated July 20, 2005
Listing of estimated fees for Vesting Tentative Tract Map No. 5492/CUP C-05-084 as of July 20,
2005
Memorandum from the Department of Public Works, Ann Lillie, dated August 4, 2005
Email from Forrest Dean, Parks Maintenance Supervisor, dated October 24, 2005
Fresno Metropolitan Flood Control District Notice of Requirements for CUP No. C-2005-084,
dated July 25,2005
City of Fresno Public Works Standard Drawings Nos. P-62 and P-45
Guidelines for Ponding Basin/Pond Construction and Management to Control Mosquito
Breeding, dated 10/29/04 with Centers for Disease Control information sheet
Letter from California Department of Transportation District 6, dated July 12, 2005
K:\Master Files-Tract Maps\Tract 5492 Sandra Brock(C-05-084)\T-5492,C-05-084 08-C CUP COA.doc
city of November 24, 2004
GENERAL CONDITIONS OF PROJECT APPROVAL
PUBLIC WORKS DEPARTMENT GENERAL REQUIREMENTS
All construction required by the City of Fresno Public Works Department shall be in accordance with
adopted Standard Specifications and Department policies. Any work in the public right-of-way or
pedestrian easements requires a permit from the Public Works Department. Prior to obtaining this permit,
plans must be submitted to the Public Works Department Engineering Services Division for approval.
All required signing and striping of streets, driveways, and parking areas shall be done and paid for by the
developer/owner. Signing and striping plans shall be prepared per current Caltrans standards and shall be
submitted as part of the street construction plans for review and approval prior to obtaining permits.
Install street lights on all frontages to City subdivision standards as determined by the City Traffic
Engineer. Street lighting plans are required and must be submitted and approved by the Public Works
Department Engineering Services Division prior to commencement of work.
Underground all existing off-site overhead utilities within the limits of a project per Fresno Municipal Code
Sections 12-1011 and 8-801 and per Fresno City Council Resoiutions Nos. 78-522 and 88-229. Any
relocation of existing utilities required because of reconstruction or new construction of curb radius returns
shall be the developer's responsibility.
Repair all damaged and/or off-grade concrete street improvements as determined by the Public Works
Department Construction Management inspector prior to occupancy. Remove existing improvements that
are not to planned alignments, and install improvements to current approved street alignment and grade.
Remove any abandoned driveway approaches and driveways and reconstruct the sidewalk, curb, and
gutter across the opening; match the existing improvements.
PUBLIC WORKS STANDARD NOS.
Concrete Driveway Approach design and construction:
Residential P-1 and P-4
Commercial P-2 and P-4
Street-type approaches P-76 and P-77
Sidewalk, Curb, and Gutter design and construction: P-5 and P-7
Curb Radius P-24 through P-27
Street Paving P-52
Parking Lot Paving/Drainage: P-41, P-42, and P-43
Design and construct parking lot geometrics in accordance with the City of Fresno Parking Manual,
Fresno Municipal Code Section 12-306-I, and the standards of the project's zone district.
Solid masonry wall P-29 or p-30
Alternate: Structural design approved by the Development Department.
Wheelchair ramps P-28 through P-332
Curb radius P-24 through P-27
On-site drainage to public street P-35 and P-36
Water backflow prevention devices W-11 or W-12
City of Fresno General Conditions of Project Approval
November 24, 2004
Page 2
PUBLIC LANDSCAPING AND STREET TREES
Submit major street landscape strip, median island landscape, and street tree plans, with irrigation plans,
to the Public Works Department Engineering Services Division for review and approval.
In situations where sidewalks are to be constructed in a solid pattern, tree wells may be required. When
required, construct tree wells at locations indicated on the exhibit map. Place a one-inch concrete cap
over the well for future tree planting.
CONSTRUCTION ON STATE HIGHWAY RIGHTS-OF-WAY
Any construction on State highway rights-of-way must conform to both City of Fresno and State
Department of Transportation Specifications. Obtain an encroachment permit from the Caltrans District 6
office.
SEWER,WATER, AND DRAINAGE -
If a sewer main extension is required, submit engineered sewer construction plans to the City of Fresno
Department of Public Utilities Engineering Division for approval.
If a water main extension is required, submit engineered water main construction plans to the City of
Fresno Department of Public Utilities Engineering Division for approval.
Drainage and grading plans for all grading and paving must be reviewed and approved by the Planning
and Development Department and by Fresno Metropolitan Flood Control District.
PLANNING & DEVELOPMENT DEPARTMENT GENERAL REQUIREMENTS
SPECIAL PERMIT APPROVAL PROCESS-GENERAL
Transfer all noted corrections and additions from special permit exhibits and conditions to construction
plans.submitted for plan check and construction permits. All applicable corrections and notes from
corrected construction plans shall also be reflected on final corrected special permit exhibits. At least one
copy of the final, corrected site plan, elevations, and landscape plan shall be provided for archiving in the
special permit file.
If development of any phase is proposed to be modified from the approved special permit exhibits, submit
an application for amended or revised special permit.
UTILITY EASEMENTS
Show all public and private utility and drainage easements on site plan exhibits and on construction plans.
Per Fresno Municipal Code Section 12-306-N-9, no projections (including eaves) are permitted in street
rights-of-way or in utility easements, unless an encroachment is approved by the Planning and
Development Department after review and consultation with the Public Works Department and utilities.
City of Fresno General Conditions of Project Approval
November 24, 2003
Page 3
DEEDS FOR STREET DEDICATIONS AND EASEMENTS
If dedications for streets, easements, or rights-of-way are required, the deed shall be prepared by the
owner/developer's engineer utilizing the City's standard formats. The property owner shall submit fully
executed original documents (including all required subordinations), with signatures notarized, to the City
along with any required current title reports, and appropriate fees. These documents shall be reviewed by
the City, and may require correction or amendment, prior to recordation. Recordation is required prior to
issuance of permits.
LANDSCAPING AND AESTHETICS
Landscape plans are required to clearly indicate plant materials, size, and spacing, as well as landscape
irrigation system details such as pipe sizes and fittings/fixtures.
Final corrected landscape plans are to be submitted with each set of construction plans and one additional
set is to be provided for archiving in the special permit file.
Landscaping is required to be installed prior to occupancy. The Planning and Development Department
has a certification form for the landscaper to certify that landscaping and irrigation system work is
completed.
Provide screening of all mechanical equipment, method to be approved by the City of Fresno.
Projects shall implement design standards adopted with the 2025 Fresno General Plan and any design
standards adopted for the community or specific plan area in which a project is located.
FRESNO REDEVELOPMENT AGENCY GENERAL REQUIREMENTS
The Redevelopment Agency has adopted development standards in its project areas, which have the force
and effect of specific plan policies in project areas. Project features are required to comply with these
standards.
Obtain Fresno Redevelopment Agency approval of projects located in redevelopment project areas. The
Agency's stamp of approval must appear on the construction permit application, on site plans, elevations,
and on landscape plans. If Redevelopment Agency review results in modification of the project exhibits,
submit modified exhibits to Planning and Development Department for review and archiving.
CITY OF FRESNO ENVIRONMENTAL ASSESSMENT
FINDING OF CONFORMITY/MEIR NO. 10130
Pursuant to Section 21157.1 of the California Public Resources Code DATE RECEIVED FOR FILING:
(California Environmental Quality Act)the project described below is
determined to be within the scope of the Master Environmental Impact
Report(MEIR) No. 10130 prepared for the 2025 Fresno General Plan. c� o
Initial study is on file in the Planning and Development Department,
City Hall, 2600 Fresno Street, Fresno, Califomia 93721 (559)621-8277 r
Applicants: Initial Study Prepared By: f `''
LZR, Inc. (subdivider) 3
7545 N. Del Mar Ave. Ste. 103 Sandra Brock, Planner c�
Fresno CA 93711 October 13, 2005
o Ln
n
Charles W. Davidson (owner)
255 W. Julian St. Ste. 200
San Jose, CA 95110
Environmental Assessment Number: Project Location (including Assessor's Parcel Numbers):
South side of West Church Avenue,-west of South Elm Avenue.
T-5492/C-05-084 APNs 479-020-36, -49, and -50
Project Description:
Vesting Tentative Tract Map Application No. T-5492 proposes to subdivide the subject property,
approximately 36.5 acres zoned R-1 (Single-Family Residential District) and R-2-A/cz (Low Density Multiple
Family Residential District, One Story/conditions of zoning) into up to 201 single family residential parcels
and up to seven outlots for open space and recreation purposes, with concomitant grading and installation
of related infrastructure to serve this project.
Conditional Use Permit Application No. C-05-084 proposes to establish this tract as a planned development
with reduced-size lots, modified building setbacks, specified home designs, and open space landscaping.
Conformance to Master Environmental Impact Report (MEIR NO. 10130):
The Planning and Development Department staff has prepared an initial study and environmental checklist
and evaluated the requested vesting tentative tract map in accordance with the land use and environmental
policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact
Report (MEIR) No. 10130. The 2025 Fresno General Plan and Edison Community Plan designate the
subject property for medium density and medium-high residential uses, allowing a range of 4.99 to 18.15
dwelling units per acre. The subject property is proposed to be developed with single-family housing at an
intensity and scale that is permitted by the planned land uses of the site. The proposed vesting tentative
tract map and conditional use permit will not facilitate an additional intensification of uses beyond that which
would be allowed by the above-noted planned land use designation approved with the 2025 Fresno General
Plan and Edison Community Plan. After dedication of right-of-way for major streets, the remaining net
35.9± acres will be subdivided for residential use at a density of 5.6 dwelling units per acre. Per Fresno
Municipal Code Section 12-403-B-2, this density is consistent with the medium and medium-high density
land use designations applicable to the project site.
With imposition of tract map conditions and special permit conditions regarding infrastructure construction, it
is not expected that development of the property will adversely impact existing city service systems or the
traffic circulation system that serves the subject site. These findings have been verified by the Public Works
and Public Utilities Departments. All applicable mitigation measures of MEIR No. 10130 have been applied
Finding of Conformity with MEIR No. 10130 Prepared for the 2025 Fresno General Plan
EA No.T-5492/C-05-084
October 13, 2005
Page 2
to the project necessary to ensure that the project will not cause significant adverse cumulative impacts,
growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as
provided by CEQA Section 15178(a).
Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may
be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not
cause significant impacts on the environment that were not previously examined by the MEIR. Relative to
this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General
Plan land use designations, include impacts associated with the medium density residential use designation
specified for the subject property. The project does not change the land use approved for the subject
property, and will not generate additional significant effects not previously identified by the MEIR and no
new additional mitigation measures are required. Therefore, the project proposal is within the scope of the
MEIR as defined by Section 15177 of the CEQA Guidelines.
Moreover,-as lead agency for this project, the Planning and Development Department, per Section 15177(d)
of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall
apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice is
being provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by
Section 21092 of the California Public Resources Code (CEQA provisions).
0 113 v
Darrell Unruh Date
Planning Manager, City of Fresno
Attachments: Environmental Impact Checklist for Environmental Assessment No. T-5492/C-05-084
Mitigation Monitoring Checklist(MEIR No. 10130)for Environmental Assessment
No.T-5492JC-05-084
ENVIRONMENTAL ASSESSMENT CHECKLIST EA No. T-5492/C-05-084
Potential Environmental Effects
12.0 HAZARDS
1.0 TOPOGRAPHIC SOIL GEOLOGIC 1 T2.T -isF of explosion or release of hazardous
11.1 Geologic azar s, unstable soil conditions substances
1.2 Adverse change in topography or ground surface relief 1 12.2 Site subject to flooding
_T_ 1.3 Destruction of unique geologic or physical features _7 12.3 Adverse change in course of flow of flood
T_ 1.4 Increased water erosion waters
1 12.4 Potential hazards from aircraft
2.0 AIR QUALITY - accidents
1 2.1 Generates su stantial indirect source pollution 1 12.5 Potential hazards from landfill and/or toxic
7_ 2.2 Direct on-site pollution generation waste sites
T_ 2.3 Generation of objectionable odors
7_ 2.4 Generation of dust except during construction 13.0 AESTHETICS
T_ 2.5 Adverse local climatic changes 1 13.1 Obstructs pu lic/ scenic vista or view
T_ 13.2 Creates aesthetically offensive conditions
3.0 WATER T_ 13.3 Removes street trees or other valuable
1 3.1nsl uTcient groundwater for long-term project use - vegetation
_T_ 3.2 Uses large quantities of ground water 1 13.4 Architecturally incompatible with
T_ 3.3 Wasteful use of water surrounding area
7_ 3.4 Pollution of surface water or groundwater supplies
T_ 3.5 Reduces groundwater recharge 14.0 CULTURAUPALEONTOLOGICAL
1 1 14.1 Rem-oval ot historic building, or disruption
4.0 PLANT LIFE of archaeological site
1 4.1 a aces numbers of any rare/unique/endangered 1 14.2 Construction or use activity incompatible
species with adjacent historic site
1 .4.2 Reduction in acreage of agricultural crop
T 4.3 Premature or unnecessary conversion of prime 15.0 ENERGY
agricultural land 1 15.1s's substantial amounts of fuel or energy
7 15.2 Substantial increase in demand upon
5.0 ANIMAL LIFE existing sources of energy
1 5.1 a uces numbers of any rare/unique/endangered 1 15.3 Wasteful use of energy
species
1 5.2 Deterioration/displacement of valuable habitat
1 6.0 HUMAN HEALTH/SAFETY-Potential for causing
injury//illnesses Explanation of Ratings
7.0 NOISE
1 7.1ncT ceases existing noise levels "0" Insufficient Information
7.2 Increases exposure to high noise levels
8.0 LIGHT AND GLARE Insufficient information is available for this
1 8.1 ro uction o are,which will adverse) affect category and pe ect to determine the potential
g y environmental effects which may result from
residential areas the proposed project.
1 8.2 Exposure of residences to high levels of glare
9.0 LAND USE "1" No Significant Environmental Effect
1 9.1 Incompatible with adopted plans and policies
� 9.2 Accelerates growth rate In this category, the proposed project will not
7 9.3 Induces unplanned growth have an adverse environmental effect, or any
T 9.4 Causes adverse change in existing or planned area such effect is not substantially unusual or of
characteristics undesirable magnitude. This rating is also
utilized in cases where the category is not
10.0 TRANSPORTATION AND CIRCULATION applicable to the project under consideration.
1 10.1 Generation of vehicle traffic sufficient to cause capacity "2" Moderate Environmental Effect
deficiencies on existing street system
1 10.2 Cumulative increase in traffic on a mayor street for which
capacity deficiencies are projected In this category, the proposed project could
1 10.3 Specific traffic hazard to motorists, bicyclists, or have an adverse environmental effect which is
pedestrians of sufficient magnitude to be of some concern.
1 10.4 Routes non-residential traffic through residential area However, this effect is not substantial enough
7 10.5 Insufficient or poorly located parking in itself to require preparation of an Environ-
7 10.6 Substantial increase in rail and/or air traffic mental Impact Report, and is mitigable through
project changes and conditions.
11.0 URBAN SERVICES
1 11.1 Availability of fire protection '*3'*Significantly Adverse Environmental Effect
11.2 Lack of emergency vehicle access
T- 11.3 Adequacy of design for crime prevention The environmental effect identified in this
7 11.4 Overcrowdingg of school facilities category substantiates in itself, or contributes
7 11.5 Availability ofwater mains of adequate size toward, a finding that the Proposed project has
7 11.6 Availability of sewer line and treatment capacity a potentially significant adverse effect on the
11.7 Availability of storm water drainage facilities (on or off- environment sufficient to require the
site
preparation of an Environmental Impact Report.
1 11.8 Availability of adequate park and recreation areas
11.9 Unusually high solid waste generation
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