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HomeMy WebLinkAboutT-5501 - Conditions of Approval - 8/16/2006 C'"°' IS N i " REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. viz-c COMMISSION MEETING 10/19/05 October 19, 2005 APPROVED BY FROM: STAFF, Planning Division Planning and Development De ent DEPARTME R SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-18, VESTIN TENTATIVE TRACT MAP NO. 5501/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-18/T-5501 EXECUTIVE SUMMARY Ken Crabtree, on behalf of Bob and Debbie Duley, has filed Rezone Application No. R-05-18 and Vesting Tentative Tract Map No. 5501/UGM pertaining to approximately 36.21 net acres of property located on the south side of East Clinton Avenue between North Armstrong and North Temperance Avenues, Rezone Application No. R-05-18 proposes to reclassify the subject property from the RR (Rural Residential) (County of Fresno) zone district to the R-1/UGM (Single Family ResidentiaUUrban Growth Management) zone district. The applicant is also proposing to subdivide the subject property into an 81-lot, single family residential subdivision at an overall density of 2.24 units per acre. The subject property is designated for low density residential land uses by the 2025 Fresno General Plan and the McLane Community Plan which allows 0.0 to 2.18 units per acre. The applications are proposed to bring the subject property into conformance with the 2025 Fresno General Plan and the McLane Community Plan, pursuant to Section 12-403-13-2 of the Fresno Municipal Code. It is noted that Plan Amendment Application No. A-04-19 and Rezone Application No. R-04-62 were previously filed for the subject property. The plan amendment application proposed to amend the site of the 2025 Fresno General Plan and the McLane Community Plan from the low density residential planned land use designation to the medium-low density residential planned land use designation, while the rezone proposed to reclassify it to the R-1/UGM/cz zone district. The plan amendment and rezone applications were considered by the Planning Commission at their February 9, 2005 hearing, where the Commission recommended to the Council that it deny the applicant's request by a vote of 6 to 0. At their March 1, 2005 hearing, the Council, by a vote of 6 to 1, denied the applicant's original proposal. The applicant has since modified their plans and has submitted applications that are intended to be consistent with the existing low density residential planned land uses in terms of the number homes. The project also includes the detachment of the subject property from the Kings River Conservation District and the Fresno County Fire Protection District and annexation to the City of Fresno for which the Fresno County Local Agency Formation Commission (LAFCO) is the responsible agency. PROJECT INFORMATION PROJECT The rezone application proposes to reclassify the subject property from the RR (County) zone district to the R-1/UGM zone district, which would facilitate the development of an approximately 81-lot, single family residential subdivision to be developed at an overall density of 2.24 units per acre. APPLICANT Ken Crabtree (Owner: Bob and Debbie Duley) LOCATION South side of East Clinton Avenue, between North Temperance and North Armstrong Avenues. (Council District 4, Councilmember Westerlund) SITE SIZE Approximately 36.21 net acres REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-18 Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 2 LAND USE Existing - Rural Residential/Agricultural Proposed - Single Family Residential ZONING Existing - RR (Rural Residential) (County of Fresno) Proposed - R-1/UGM (Single Family Residential /Urban Growth Management) PLAN DESIGNATION The proposed R-1/UGM zone district and the 81-lot, single family AND CONSISTENCY residential subdivision are consistent with the 2025 Fresno General Plan and the McLane Community Plan designation of the site for low density residential land use (0 to 2.18 units per acre) pursuant to Section 12-403-13-2 of the Fresno Municipal Code. ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) issued on August 31, 2005. PLAN COMMITTEE The project is located within the McLane Community Plan area RECOMMENDATION which does not have an advisory committee. STAFF Recommend approval of rezone application and approve the vesting RECOMMENDATION tentative tract map subject to compliance with the Conditions of Approval for T-5501/UGM dated October 19, 2005 and parcels along the periphery of the subject property being zoned to the R-1-A/UGM zone district which requires a minimum lot size of 20,000 square feet. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-18 Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 3 BORDERING PROPERTY INFORMATION Planned Existing Zoning Existing Land Use Land Use AE-20 (County) Agricultural Exclusive Twenty Acre Minimum Rural Residential/Agricultural Low Density The City Council, at their June 14, 2005 meeting Vesting Tentative Tract Map Residential approved the following zone districts, subject to No. 5424 was recently and being annexed. approved, subject to the North applicant providing a Medium-Low R-1/EA/UGM and R-1-A/EA/UGM minimum of 20,000 square Density foot parcels along the Residential (Single Family Residential/Expressway Area property lines that abut low Overlay/Urban Growth Management) density residential planned (Single Family Residential District/Expressway Area land uses Overlay District/Urban Growth Management Low Density AE-20 (County) and RR(County) South Residential Agricultural Exclusive Twenty Acre Minimum and Rural Residential/Agricultural Rural Residential Low Density AE-20 (County) East Residential Agricultural Exclusive Twenty Acre Minimum Rural Residential/Agricultural West Low Density AE-20 (County) Rural Residential/Agricultural Residential Agricultural Exclusive Twenty Acre Minimum ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-05-18/T-5501 considered potential environmental impacts associated with the subject rezone and vesting tentative tract map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to_ the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 31, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published on August 31, 2005, with no comments received to date. BACKGROUND / ANALYSIS Ken Crabtree, on behalf of Bob and Debbie Duley, has filed Rezone Application No. R-05-18 and Vesting Tentative Tract Map No. 5501/UGM pertaining to approximately 36.21 net acres of property located on the south side of East Clinton Avenue between North Armstrong and North Temperance Avenues. Rezone Application No. R-05-18 proposes to reclassify the subject property from the RR (Rural Residential) (County of Fresno) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the existing low density planned land use designation allows 0 to 2.18 dwelling units per acre. The applicant is also proposing to subdivide the subject property into an 81-lot, single family residential subdivision at an overall density of 2.24 units per acre, however the applicant will be required to modify the subdivision. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-18 Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 4 Surrounding land uses are characterized by semi-rural single family residences to the east, south, and west, while property to the north was recently approved for single family residential development at an overall density of 2.99 dwelling units per acre. However, it should be noted that with the exception of the property to the north, which is currently vacant, the subject property is largely surrounded by rural and agricultural parcels. The project also includes the detachment of the subject property from the Kings River Conservation District and the Fresno County Fire Protection District and annexation to the City of Fresno for which the Fresno County Local Agency Formation Commission (LAFCO) is the responsible agency. McLane Community Plan The subject property is located within the boundaries of the McLane Community Plan, which does not have an advisory committee. Land Use Plans and Policies It is worth noting that the applicant previously submitted Plan Amendment Application No. A-04-19 and Rezone Application No. R-04-62. The plan amendment proposed to amend approximately 36.21 acres of the 2025 Fresno General Plan and the McLane Community Plan from the low density residential planned land use designation to the medium-low density residential planned land use designation. The rezone application proposed to reclassify the subject property from the RR (Rural Residential) (County of Fresno) zone district to the R-1/UGM (Single Family ResidentiaUUrban Growth Management) zone district. The subject property was originally designated for low density residential planned land uses during the 2025 Fresno General Plan update process, which also included an update of the McLane Community Plan. During this process, the Planning Commission and the City Council were presented with written and verbal testimony by city staff, consultants, and interested persons over the course of eight Planning Commission and two City Council meetings. During these meetings, staff recommended that the subject property be designated for low density residential planned land uses given that the majority of the surrounding parcels, specifically those to the west, southeast, and south were developed with rural residential type residences on approximately two acre parcels and were not likely to be redeveloped with more conventional single family lots. During the October 16, 2002 Commission meeting, the Commission recommended to the Council that it adopt the 2025 General Plan, which included designating the subject property for low density residential planned land uses. On November 19, 2002, the Council, per Council Resolution No. 2002-379 adopted the 2025 General Plan, which included the Commission's recommendation that the subject site be designated for low density residential planned land uses. The Commission and Council also supported the change of approximately 120 acres to the west of the subject property from the light industrial planned land use designation to the low density residential planned land use designation to further protect the rural character of the existing development from encroaching urban type land uses (Exhibit A). These changes were intended to provide a buffer to the surrounding properties from more conventional single family lot subdivisions. Because of the Planning Commission and City Council's commitment to the surrounding neighborhood that the subject site would be developed with a compatible type of development, staff recommended that the applicant's request to change the planned land use designation from the low density residential planned land use designation to the medium-low residential planned land use designation be denied. On February 9, 2005 the Commission recommended to the Council, that the Council deny the REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-18 Vesting Tentative Tract Map No. 55011UGM October 19, 2005 Page 5 applicant's request to amend the approximately 36.21 acre site from the low density residential planned land use designation to the medium-low density residential planned land use designation. At the February 9, 2005 Commission hearing, the Commission heard testimony from eight nearby property owners that urged that the Commission recommend to the Council that it deny the proposed land use and zone district amendment given the rural character of the existing community and the previous commitment from the Commission and Council to these nearby property owners during the 2025 General Plan update. The Council concurred with the Commission's recommendation and adopted Resolution No. 2005-38 on March 1, 2005 denying the proposed land use change from the low density residential planned land use designation to the medium-low density residential planned land use designation. Based upon the reasons previously noted, the proposed subdivision is incompatible with the applicable community and general plan goals and policies. As a result, staff is recommending that the subject property be developed with a more compatible (e.g. with the surrounding community) type of development. This includes providing larger estate type lots on the periphery of the subject site which would act as a buffer for the existing residences to the north, southeast and south. As a result, staff recommends that all lots on the northern, eastern, western and southern property lines be reclassified to the R-1-A/UGM (Single Family Residential District/Urban Growth Management) zone district, which requires a minimum lot size of 20,000 square feet. The remaining portion of the subject property may be reclassified to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district, which requires a minimum lot size of 6,000 square feet. As a result, a gradation of lot sizes would be provided which would descend from 20,000 to approximately 6,000 square feet in the interior of the subdivision, however the planned land use designation of 0 to 2.18 dwelling units per acre will not be exceeded. It is noted that staffs recommendation is consistent with action taken by the City Council for property immediately to the north of the subject property. The property to the north was bounded by larger estate type homes to the west, south and southeast and because of previous commitments (i.e. staff, the Planning Commission and the City Council) to the neighborhood, staff recommended and the City Council required, that parcels along those property lines be zoned R-1-A/UGM, thereby requiring minimum lot sizes of 20,000 square feet. Staff recommended that the remaining portion of the subject property be reclassified to the R-1/UGM zone district, which requires a minimum lot size of 6,000 square feet (Exhibit B). Public Services Water Resources and Public Water Supply The Water Division of the Public Utilities Department has determined that there is an adequate source of water available to serve the project with the implementation of the Urban Growth Management (UGM) service delivery requirements, the environmental impact mitigation measures, the construction of a water supply well, and installation of an above ground water storage and treatment facility. It should also be noted that adverse groundwater conditions of limited supply and compromised quality have been well-documented by planning, environmental impact report, and technical studies over the past 20 years including the Master Environmental Impact Report No. 10130 for the 2025 Fresno General Plan, Final EIR No.10100, Final EIR No.10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan) et al. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the Fresno Metropolitan Area. The proposed project would place additional demand upon peak water use REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-18 Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 6 capacity which is one of the limitations of the groundwater supply aquifer underlying the eastern portion of the McLane Community Plan area. If approved, the proposed project would be required to contribute to short-term and long-range water supply and distribution remediation projects in order to adequately address this deficiency, if approved. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project may eventually be accommodated by their facilities. However, until such time the developer will be required to construct temporary facilities as determined by the district. Sewage Collection System Capacity The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis Regional Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity was expanded to accommodate up to 80 million gallons per day, and was upgraded with modernized equipment to safeguard against equipment failures. However, in an attempt to serve the anticipated 790,000 metropolitan area population for the year 2025, one or more sub-regional treatment and reclamation facilities will be required. While the proposed project may presently be accommodated by the Fowler Avenue Trunk Sewer, previous public facility and environmental analyses have projected that the Fowler Avenue Trunk Sewer does not have sufficient design capacity to accommodate the sewage flows that could be generated by full development of the McLane Community Plan area and the Southeast Growth Area. To address this concern, the City of Fresno is pursuing several options to increase sewage collection and treatment capacity for the eastern portion of the metropolitan area. The North Avenue Trunk Sewer has been constructed to serve the easterly and southerly areas and supplement the other trunk sewers' capacity to accommodate development of the east and southeast areas. The City of Fresno has negotiated a temporary exchange of sewer capacity with the City of Clovis for its Fowler trunk sewer capacity. This temporary exchange of capacity is conditioned upon Fresno replacing capacity exchanged in the Fowler trunk sewer with capacity in future facilities to be determined. Necessary and appropriate fees to provide for the replacement of said Fowler trunk capacity exchange have not yet been adopted by the City Council. Mitigation measures and tract map conditions of approval will include a requirement that the developer pay an "Interim Fee Surety." Any amount paid above and beyond the required fee surety shall be refunded once the fee has been adopted. Thus, sanitary sewer service is available to serve the site, subject to the mitigation measures imposed with the environmental assessment, and any necessary sewer main extensions and connections. Fire Protection Services The project site is located within the city's UGM area and must comply with the applicable service delivery requirements necessary to provide not less than the minimum acceptable level of fire protection facilities and services appropriate for urban uses. Fire service will be provided by City of Fresno Fire Station No. 10, which is located within three miles. City of Fresno Fire Station No. 15, currently under construction, located at South Clovis Avenue and East Park Circle is within three miles of the subject property and will provide assistance, if necessary. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-18 Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 7 Clovis Unified School District The project site is served by the Clovis Unified School District and is within the attendance boundaries of Temperance-Kutner Elementary School (North Armstrong and East Olive Avenues), Reyburn Intermediate School and Clovis East High School. Reyburn Intermediate School and Clovis East High School are both located in the Reagan Educational Complex which is bound by East Ashlan, East Gettysburg, North Locan and North DeWolf Avenues. Because of the rapid growth occurring within the district's boundaries, the school district has advised the city that future adjustments of school attendance areas could occur such that students residing in the proposed project will attend an elementary school other than Temperance-Kutner and that students may attend more than one elementary school during their elementary school years. Furthermore, the school district has adopted development fees in accordance with current state law and currently levies a development fee based on square footage, which the project site will be subject to at the time of development. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 81 single-family residences, and the surrounding planned land uses designated by the 2025 Fresno General Plan and McLane Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate North Armstrong and East Clinton Avenues as collector streets. Collector streets are typically developed with two travel lanes in each direction but without a median island. However, all street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. The Public Works Department Traffic Division has reviewed the proposed development and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated subject to several improvements. These improvements include dedicating and constructing paving within the limits of the tract map; installing curb, gutter, sidewalk; construction of an underground street lighting system; and relinquishment of access rights to the abutting major streets for all residential lots adjacent to this street frontage. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5501/UGM Conditions of Approval dated,October 19, 2005. When the City of Fresno Master Environmental Impact Report (MEIR) No. 10130 was certified by the City Council for the 2025 Fresno General Plan, a determination was made to require project-specific traffic assessments for projects which would generate 100 or more vehicle trips during weekday peak hours. Given the number of lots in this project, no special traffic study is required because the potential traffic impacts of this plan-consistent development are deemed to have been adequately analyzed and mitigated within the scope of MEIR No. 10130 and standard city requirements. The Public Works Department staff has concluded that this project does not have significant adverse impacts upon the city's transportation system and that its nonsignificant impacts are mitigable through the city's standard Urban Growth Management (UGM) process and project requirements for developments that abut major streets. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the developer will be required to install improvements and to pay fees toward development of the major street system as outlined in the Public Facilities Element of the general plan and will be required to provide for the installation of traffic control measures (e.g., signals, stop lights, etc.) installed per UGM policies and ongoing traffic studies. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-18 Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 8 Subdivision Design/Streets and Access Points This subdivision is proposed to have one access point to East Clinton Avenue and one access point to North Armstrong Avenue. The subdivision also proposes one future street connection to the property to the south of the subject site. The Public Works Department, Transportation Planning Section has reviewed the tentative tract map and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of East Clinton Avenue and North Armstrong Avenue. In addition, the applicant will be required to construct two 12 foot center section travel lanes from the subject site west along East Clinton Avenue to the intersection of North Fowler Avenue. State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has submitted the attached comments dated June 28, 2005, indicating that the proposed project in and of itself is not expected to create significant impacts to the state highway system. LandscapingMalls Given that the proposed subdivision abuts two major streets (i.e. North Armstrong and East Clinton Avenues), the applicant will be required to install landscaping along both of these major streets. In addition, the applicant will be required to install a six-foot solid wall at the rear of the required landscape setback along both streets. Setbacks Lots within the staff recommended R-1-A/UGM zone district typically have a minimum front yard setback of 35 feet and a rear yard of 20 feet, while the R-1/UGM zoned parcels provide a 20 foot front and rear yards. As a result, homes on the periphery would provide a similar rear yard to homes in the R-1 zone district, however they would provide a slightly greater front yard setback. Lot Area and Dimensions Lot Area The R-1/UGM zone district requires minimum lot sizes of 6,000 squaw✓ feet while the R-1-A/UGM zone district requires minimum lot sizes of 20,000 square feet. As stated above, staff is recommending that all parcels on the periphery of the subject property be zoned R-1-A/UGM, which would create a minimum of 20,000 square foot parcels which would provide a buffer to the surrounding properties from more conventional single family lot subdivisions. The subdivision, as proposed, does not provide these parcel sizes, however prior to final approval, the applicant would be required to provide an amended map inclusive of this provision. Lot Dimensions The FMC requires that all lots within the R-1/UGM zone district provide a minimum lot width of 60 feet and depth of 100 feet, with the exception of lots on curved streets and reversed corner lots. In addition, the R-1-A/UGM zone district requires a minimum lot width of 110 feet and depth of 130 feet, with the exception of lots located on curved streets and reversed corner lots. The majority of the proposed parcels meet this requirement, however the applicant will be required to modify several of the proposed parcels to comply with the provisions of the FMC. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-18 Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 9 Letters from Neighbors Staff has received eight letters (Exhibit C) from neighbors regarding the subject project. In the letters the neighbors have requested that the applicant provide the following: an eight foot wall along the south and east property lines; that parcels be a minimum of 20,000 square feet along these same lines; that no multiple story homes be constructed on the south or east property lines; that front and rear yard setbacks vary; that home prices begin at $500,000.00; and, that the applicant install a four-way stop sign at the intersection of North Armstrong and East Clinton Avenues. The letters state that by incorporating these conditions into the proposed development, the project will help protect the neighborhood character which is largely comprised of single family residences on parcels that range from one acre to two. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the McLane Community Plan designates the site for low density residential planned land use pending annexation and the project design meets the density and zoning ordinance criteria for development in these plan designations, subject to redesigning the map so that all of the proposed parcels meet the minimum lot dimensions. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-18 Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 10 The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the 2025 Fresno General Plan and McLane Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Planning Commission action of the proposed tentative tract map, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the McLane Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 5501/UGM is appropriate for the project site, subject to the conditions listed below. Therefore, staff recommends that the Planning Commission: 1. RECOMMEND APPROVAL to the City Council of the environmental finding of Environmental Assessment No. R-05-18/T-5501 dated August 31, 2005 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-05-18 to rezone 36.21 gross acres of property from the RR (Rural Residential) (County of Fresno) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district and the property along the northern, eastern, western, and southern property lines in order to provide for a tier of single family residential lots developed to the R-1-A/UGM (Single Family Residential District/Urban Growth Management) zone district which includes a minimum lot area of 20,000 square feet. 3. APPROVE Vesting Tentative Tract Map No. 5501/UGM subject to compliance with the Conditions of Approval dated October 19, 2005. Attachments: Vicinity Map 2005 Aerial Photograph of Site Proposed Vesting Tentative Tract Map No. 5501 dated October 19, 2005 Conditions of Approval for T-5501/UGM dated October 19, 2005 Exhibit A, Recommended Land Use Changes for Temperance Colony for the 2025 Fresno General Plan Exhibit B, Tentative Tract Map No. 5424 immediately to the north of the subject property Exhibit C, Letters from neighbors stating their concerns dated September 7, 2005(2), September 14, 2005 (5), September 15, 2005 (1) Exhibit D, Letter from Caltrans dated June 28, 2005 Environmental Assessment No. R-05-18/T-5501, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 31, 2005 ;ar,,,� r `•r�t%;�t I � Fti,"'�� �.r .� ' ��-*��� ,�',�- � '4t'e" aC��''y q�,�^v_� ., �; ... � � �'� �''`t d �w l�s��''"r" �i r�"iy�r .I "'V1 'ts•7 tt,i T}ir�f' ,-�P, wrd.,�•np. �_ a w 7 �� �T ijq. r3w�; ,.�E�'.°'�' .+ i�,`� n�,.. 4 "d 4 yd � N r ,.' {.. .rx;v 1 n i: r+-�-;. s •re,v�t"`^a`..�' d e�p7i. • {,+ i��; t) ,k a r ,4 '� �•d4+' �' a� r. �y -Sbi4 .,i:"pi;e r�l�rt � +4 �rLr. • 't! i +i `s`,_ �*11, i.�>.�v.J'• �1.:t3.�+Y�'M..![`.♦ �.".�.. 1 Li?1 ! w .. --k ti ���4 t z ' ��` ��Z �i•y P"i:4"-:', � �+ ,� t6 n"8„ �'f' A 4,Si i `-' oo iry FF 'M lx ,�'� `w ^r■ e}4,i.`Y }t J ,e sok 1,.' .l`°'"1, ' r �y.5 _4 'rt yy' +�' �''4q ��'t•,-4 k �'�.�-.�� i �Y✓"'�- u•+"a> '�� t ,r :� 4«.'�.'� '°�'""""`�.y +' b4�`x.,C'`� � r�� 4fr4rb�6,� ''�t � e✓dy���� r- �. h a cr.: �.r, ry(�'" k.a,,.�� M'HK",�'"' �,'u�'r�a-+ L• _-.:.F...1�S�J s�:drS; +Yr+��,�, K"' '�P� v. �y, 1 3h-''L�J ��C':�.7P7}'t�.+`�ra'�rt xx+. g��. `, �!m' �rx-T -T I .r.r� ,rM. ;�a'+,r� � � �-., yY•,�,.:4i-,�� 'la � � 'd_$..� r t `� Ly`t e T.v a� ,v"�+•�4 ��i�L"�" y �i• � i ay.Via+�R a , t ., S'y.ct+w► t��a. k 7hi�' m y �"$!„rr L. .`�. 1 -� ' kA- 14" �.�.�'�.��al `.��r'��ay,-ye. � 5y-�,� r ;$� ✓,;.-.;� �� ��iY r y i a-�.b. ;< „�/ nx - � "¢,,`�,,,d"r` is ^". ,:�i,.+.r., •.. - ..' 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R-05-018 w 1;. A.P.N.: 310-210-26,27 From AE-20(County)to R-1/UGM ZONE MAP: 2257 Southeast comer,Armstrong and Clinton Aves. NOT TO s SCALE BY/DATE: J.S. / 6-22-05 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12327 The Fresno City Planning Commission, at its regular meeting on October 19, 2005, adopted the following resolution relating to Rezone Application No. R-05-18. WHEREAS, Rezone Application No. R-05-18 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-1/UGM (Single Family Residential/Urban Growth Management) zone district and R-1-A/UGM (Single Family Residential/Urban Growth Management) EXISTING ZONING: R-R (County) and AE-20 (County) APPLICANT: JS Land Company LOCATION: Southeast corner of East Clinton and North Armstrong Avenues APN: 310-210-26, 27 LEGAL DESCRIPTION: To be rezoned from the R-R (County) and AE-20 (County) to the R-1-AIUGM zone district: That Portion of Parcels No. 2 and 3 of Parcel Map no. 4426, recorded in Book 29 of Parcel Maps at Page 2, Fresno County Records, bounded and described as follows; The north 181.00 feet of Said Parcels 2 and 3 of Said Parcel Map 4426, Together with; the east 175.00 feet of Said Parcel 3 of Said Parcel Map No. 4426, 0 _ Together with the south 175.00 feet of Said Parcel 3 of Said Parcel Map No. 4426, Together with the north 310.00 feet of the most westerly 460.00 feet thereof. To be rezoned from the R-R (County) and AE-20 (County) to the RAWGM zone district: Parcels 2 and 3 of Said Parcel Map No. 4426, as per the map recorded in Book 29 of Parcel Maps at Page 2, Fresno County Records; Excepting therefrom; the north 181.00 feet of Said Parcels 2 and 3 of Said Parcel Map 4426, Planning Commission Resolution No. 12327 Rezone Application No. R-05-18 October 19, 2005 Page 2 Also excepting therefrom; the east 175.00 feet of Said Parcel 3 of Said Parcel Map No. 4426, Also excepting therefrom; the south 175.00 feet of Said Parcel 3 of Said Parcel Map No. 4426, Also excepting therefrom; the north 310.00 feet of the most westerly 460.00 feet thereof. WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to allow for a proposed 79-lot single-family residential subdivision; and, WHEREAS, the Fresno City Planning Commission on October 19, 2005, reviewed the subject rezone application in accordance with the policies of the McLane Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the October 19, 2005 hearing the Commission received a staff report and related information, environmental documents, and considered testimony regarding the requested zoning change. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-05-18 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 dated August 31, 2005, prepared for Environmental Assessment No. R-05-18/T-5501. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM (Single Family Residential/Urban Growth Management) and R-1-A/UGM (Single Family Residential/Urban Growth Management) zone districts be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by- Commissioner DiBuduo, seconded by Commissioner Kissler. VOTING: Ayes - DiBuduo, Kissler, Vang, Vasquez, Brand Noes - None Not Voting - None Absent - Cherry DATED: October 19, 2005 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12327 Rezone Application No. R-05-18 Filed by: JS Land Company Action: Recommend Approval r` FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12328 ,n The Fresno City Planning Commission at its regular meeting on October 19, 2005, adopted the ' following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, a Vesting Tentative Map of Tract No. 5501/UGM was filed with the City of Fresno and .. proposes a 79-lot single-family residential subdivision on 36.31 acres of land located on the southeast corner of East Clinton and North Armstrong Avenues; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated October 19, 2005; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on October 19, 2005, to review the proposed subdivision and considered the staff report and invited testimony and reviewed the requested subdivision in accordance with the policies of the McLane Community Plan and the 2025.Fresno General Plan; and, NOW, THEREFORE, BE IT RESOLVED, that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5501/UGM may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 31, 2005, prepared for Environmental Assessment No. R-05-181T-5501. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5501/UGM, subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and McLane Community Plan and the findings required pursuant to Section 66410 et. seq. of the California Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5501/UGM subject to the Planning and Development Department Conditions of Approval dated October 19, 2005, and the following additions to those conditions: 1. The density of the proposed project shall not exceed 2.18 dwelling units per acre. 2. There shall be a 6-foot high wood fence constructed along the south and east property lines. 3. Development on the lots along the south and east boundary of the subdivision, where adjacent to existing single family residences, shall be limited to single story. 4. The subdivision map shall be redesigned to propose six lots adjacent to North Armstrong Avenue. 5. All proposed lots adjacent to East Clinton Avenue shall be a minimum of 20,000 square feet. �2 Planning Commission Resolution No. 12328 Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Kissler. VOTING: Ayes - DiBuduo, Kissler, Vang, Vasquez, Brand Noes - None Not Voting - None Absent - Cherry DATED: October 19, 2005 ZKMT. OVINO, Secretary Fresnnning Commission Resolution No. 12328 Vesting Tentative Tract Map No. 5501/UGM Filed by JS Land Company Action: Approve DEB:IelAMCommonWaster Files-Tract Maps\PC Reso 12354-T-5511.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL OCTOBER 19,2005 VESTING TENTATIVE TRACT MAP NO. 5501/UGM SOUTH SIDE OF EAST CLINTON AVENUE,BETWEEN NORTH ARMSTRONG AND NORTH TEMPERANCE AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5501/UGM entitled "Exhibit A," dated October 19, 2005, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Rezone Application No. R-05-18. 2. The maximum number of units for Vesting Tentative Tract Map No. 5501 and Rezone Application No. R-05-18 were based on the subject property containing 36.21 acres and _ pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-13-1 of the Fresno Municipal Code. Should the subject property area be amended, the map shall be adjusted accordingly (in terms of the number of parcels). 3. 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. 4. 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 Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 2 engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 5. 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. 6. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 7. 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. 8. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 9. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. - If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 10. 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. 11. Relinquish access rights to North Armstrong and East Clinton Avenues from all residential lots which abut these streets. Ref. Section 12-10114-3 of the Fresno Municipal Code. 12. Relinquish access rights along the following property lines: Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 3 Lot 1 -The northern property line Lot 25 -The western property line Lot 26—The eastern property line Lot 81 —The eastern most 130 feet of the southern property line. 13. Prior to final map approval, the owner of the subject property shall execute a "Right to Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The "Right to Farm" covenant shall be recorded prior to or concurrent with the recording of the Final Map of Tentative Tract No. 5501/UGM. 14. Provide the legal descriptions for the R-1-A/UGM and R-1/UGM zone districts, if approved by the Fresno City Council. Landscaping and Walls 15. Pursuant to Section 12-1011-f of the FMC the developer/owner shall provide a 10-foot landscape easement (and irrigation system) along the property lines of lots which back- onto, side-onto or front-onto East Clinton Avenue and North Armstrong Avenues. 16. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required 10-foot landscape easement along East Clinton and North Armstrong Avenues. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 17. Provide a corner cut-off area at the intersection of North Armstrong and East Yale Avenues, and East Clinton and Street "I" (new name) in accordance with Section 12- 306-H-3-d of the FMC. Also note that proposed parcels 35 and 37 shall also comply with this corner cut-off. 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 along both major streets. 18. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. ■ Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 4 19. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at (559) 621-8695 for information regarding the City's District. The property owners may petition the City for annexation to the City's District prior to final map approval. If approved by City Council, the following features may be maintained by the Community Facilities District see attached letter dated July 21, 2005: a. Landscaping and irrigation systems as approved by the Parks Department at the following locations: • Within the street easements (including median to centerline) and the landscape easement along the property lines that side or back-onto North Armstrong and East Clinton Avenues. b. All local streets, curbs and gutters, sidewalks, medians and street furniture as approved by the Public Works Department within the boundary of the map. c. All curbs and gutters, sidewalks, medians, street furniture and street (to centerline) within North Armstrong and East Clinton Avenues as approved by the Public Works Department along the map frontage. d. Maintenance of all interior local street pavement, curbs, gutters, sidewalks, medians and street furniture as approved by the Public Works Department within the boundaries of this map. e. Maintenance and operating costs of all street lights as approved by the Public Works Department within the boundary of the map. f. Maintenance of all street trees as approved by the Public Works Department within the boundaries of this map. 20. Proceedings to place the final map into a CFD may not commence until the property has been annexed into the City of Fresno. 21. Construction plans for all features to by maintained by the CFD for a final map shall be included in the final map submission to the Planning and 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. 22. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 5 annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 23. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 24. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. Lot Dimensions 25. Pursuant to Section 12-211.5-B of the FMC, all parcels within the R-1 zone district must provide the following minimum standards: Width Interior lots: 60 feet Corner lots: 65 feet Reversed corner lots: 70 feet Curved/cul-de-sac lots: 40 feet . Depth Lots facing local streets: 100 feet Lot Area Minimum lot area of 6,000 square feet 26. Pursuant to Section 12-207.5-B of the FMC, all parcels within the R-1-A zone district must provide the following minimum standards: Width Interior lots: 110 feet Corner lots: 110 feet Reversed corner lots: 110 feet Curved/cul-de-sac lots: 80 feet Depth Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 6 Lots facing local streets: 130 feet Lot Area Minimum lot area of 20,000 square feet 27. Note that all of the proposed parcels shall comply with the required minimum width and depth standards for the R-1 and R-1-A zone districts as noted above. Modify the proposed map in accordance with the FMC. Building Setbacks 28. Building setbacks shall be in accordance with the R-1/UGM zone district as shown on Exhibit A of Vesting Tentative Map Tract No. 5501/UGM dated October 19, 2005, and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. 29. Building setbacks shall be in accordance with the R-1-A/UGM zone district as shown on Exhibit A of Vesting Tentative Map Tract No. 5501/UGM dated October 19, 2005, and the provisions of Section 12-207.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions for the parcels along the northern, eastern, western, and southern property lines. 30. Proposed lots 34, 35, and 37 on Vesting Tentative Tract Map No. 5501/UGM dated October 19, 2005, are considered key lots. Provide a minimum 10-foot side yard along the eastern property line of proposed parcel 34, the northern property line of lot 35, and the southern property line of lot 37. Information 31. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 4 - 32. The proposed tentative tract map shall be annexed to the City of Fresno concurrent with, or prior to, final tract map approval, pursuant to all required fees and policies of the Fresno County Local Agency Formation Commission and the City of Fresno including any cost incurred to the City of Fresno by the detachment of the property from the Fresno County Fire Protection District. 33. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 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 Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 7 provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 35. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 36. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 37. 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. 38. 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. 39. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 40. 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; Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 8 b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 41. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 42. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). PARK SERVICE 43. Comply with the memorandum from Ann Lillie of the Public Works Department dated October 14, 2005. Urban Growth Management Requirements 44. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. FIRE SERVICE 45. This project is within three miles from Fire Station No. 10. 46. Provide residential hydrants and fire flows per Public Works Standards with two sources of water. 47. Provide residential hydrants and fire flows per Public Works Standards with two sources of water. Urban Growth Management Requirements 48. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. This site is within UGM Fire Service Fee for station No. 15. Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 9 SOLID WASTE SERVICE 49. The owners, lessees or other tenants of the residential dwellings on service day,' before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 50. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 51. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 52. The cul-de-sac of proposed lot 80 shall be kept clear of all vehicles on solid waste service day. STREETS AND RIGHTS-OF-WAY 53. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 54. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 55. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Pubic Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, c. Landscape and irrigation plans (median island and street trees within all parkways). Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 10 56. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78- 522, 88-229. 57. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 58. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 59. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 60. Comply with the memorandums from the Public Works Department, Engineering Division dated July 20, 2005. Street Names 61. Change the following street names: Street names shall be determined by the Planning & Development Department, unless otherwise noted in these conditions. MAJOR STREETS - North Armstrong Avenue (Collector): 62. Dedicate 47 to 55 feet of property, from section line, for public street purposes within the limits of this subdivision to meet the modified City of Fresno Collector Standards. 63. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 64. Construct 20 feet of permanent paving (measured from face of curb) within the limits of this subdivision. Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 11 65. 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. 66. Relinquish direct access rights to North Armstrong Avenue from all lots within this tract (Reference Section 12-1011 of the FMC). East Clinton Avenue (3-lane Collector): 67. Dedicate 42 feet of property, from section line, for public street purposes within the limits of this subdivision to meet the City of Fresno Collector Standards. 68. Construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern within the limits of this tract and transition paving as necessary. 69. Construct 20 feet of permanent paving (measured from face of curb) within the limits of this subdivision. 70. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this tract. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 71. Relinquish direct access rights to East Clinton Avenue from all lots within this tract (Reference Section 12-1011 of the FMC). INTERIOR STREETS 72. Design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de- sacs, and underground street lighting system on all interior streets to Public Works Standards. Sidewalk patterns shall comply with Public Workp API Standards. 73. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. Specific Mitigation Requirements 74. 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. Identify second point of access on this map prior to approval. No building occupancy will be granted until said second access point is dedicated and constructed in accordance with City of Fresno standards. 75. Provide corner cut dedications for curb ramps at North Armstrong and East Yale Avenues. Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 12 76. Dedicate 62 feet of property and provide medians at the entrance located at North Armstrong and East Yale Avenues (7 foot residential pattern — 20 foot travel lane — 8 foot median —20 foot travel lane 7 foot residential pattern). 77. Full off-site improvements adjacent to any proposed remainder(s) shall be required for public health and safety and the orderly development of the surrounding area. Reference Government Code 66424.6 (Subdivision Map Act). East Clinton Avenue (3-lane Collector) UGM requirements: 78. APN No. 310-210-25 frontage: Dedicate and construct A.C. paving and mountable dike, as depicted on attached Exhibit C. Refer to FMC Section 11-226(f) and 2025 Fresno General Policy No. E-1-c, E-1-j, E-1-n and E-3-e for frontage improvements required beyond the limit of development. 79. Dedicate and construct two, 12 foot center section travel lanes with a 250 foot left turn lane at all major intersections within this development and continue west to North Fowler Avenue. An additional six feet of paving shall be required adjacent to the 250 foot left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading and/or transitions as necessary based on a 45 MPH design standard. North Armstrong_Avenue (Collector) UGM requirements: 80. Dedicate and construct two 17 foot center section lanes with 250 foot left turn lanes at all major intersections within this development. An additional six feet of paving shall be required adjacent to the left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions, as necessary, based on a 45 mph design speed. 81. Applicant shall pay a fair share contribution for the design and construction of a Major Street Bridge at the intersection of North Armstrong and the Mill No. 36 canal and provide a trip distribution patter/trip trace to the Public W6rks Department, Traffic - Engineering Division for the establishment of the fair share percentage impact and the required fair share contribution. 82. APN No. 310-210-25 frontage: Dedicate and construct A.C. paving and mountable dike, as depicted on attached Exhibit C. Refer to FMC Section 11-226(f) and 2025 Fresno General Policy No. E-1-c, E-1-j, E-1-n and E-3-e for frontage improvements required beyond the limit of development. 83. This map is in UGM major street zone D-1/E-2; therefore, pay all applicable UGM fees. North Temperance Avenue 84. Design and construction a Major Street Bridge at the intersection of North Temperance Avenue and the Mill No. 36 canal. The Pubic Works Department will apply this Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 13 requirement to a minimum of four other subdivision with each subdivision being responsible for a fee no greater than 1/5 of the cost of the bridge. The timing and the bridge construction shall occur prior to close out of this subdivision or at such a time tha the City Engineer deems necessary, whichever is earlier. SANITARY SEWER SERVICE 85. The City of Fresno currently does not own capacity in the Fowler Avenue Trunk Sewer line north of Tulare Avenue; however the city has negotiated a temporary exchange of sewer capacity with the City of Clovis for its Fowler trunk sewer capacity. This temporary exchange of capacity is conditioned upon Fresno replacing capacity exchanged in the Fowler trunk sewer with capacity in future facilities to be determined. Whereas, the necessary and appropriate fees for future replacement of Clovis' Fowler Trunk Sewer capacity have not been established and adopted by the City Council, the developer, in-lieu of constructing separate sanitary sewer facilities that would otherwise be required of this project (to provide collection and conveyance of sanitary sewer discharged from the project to an approved point of discharge to the sewer system located south of Tulare Avenue) shall provide payment of an "Interim Fee Surety," in the amount of$574 per living unit or living unit equivalent for the impending fees. Said "Interim Fee Surety" may be deferred through a fee deferral agreement to the issuance of a building permit/occupancy. Following adoption of a fee established for replacement of Clovis' capacity in the Fowler Avenue Trunk Sewer by the City Council, "Interim Fee Sureties" provided by the developer shall be applied to the established fee and any amounts in excess shall be refunded. 86. Comply with the memorandum from the Public Utilities Department dated July 6, 2005. 87. Sanitary sewer service through the city's sewer system would require the following prior to connection: , 88. Construct a 12-inch sanitary sewer main in East Clinton Avenue from North Fowler Avenue east to North Armstrong Avenue. 89. Construct a 10-inch main in East Clinton Avenue from North Armstrong Avenue east to North Armstrong Avenue. 90. Construct a 10-inch main in North Armstrong Avenue from East Clinton Avenue south across the project frontage. 91. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 92. Separate sewer house branches shall be provided for each lot created. Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 14 93. Abandon all existing on-site private sanitary sewer systems in accordance with City standards. 94. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 95. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for review and approval for any proposed additions to the sanitary sewer system. Sanitary Sewer Fees 96. The following sewer connection charges are due: a. Sewer Lateral Charge b. Oversize Sewer Charge c. Trunk Sewer Charge: Fowler d. Wastewater Facilities Charge: Residential only WATER SERVICE 97. The following conditions are required to provide water service to the tract: 98. Construct a 14-inch transmission grid water main in North Armstrong Avenue from East Clinton Avenue south across the project frontage (including installation of City fire hydrants). 99. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 100. Separate water services with meter boxes shall be provided to each lot created. 101. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of producing a minimum total demand of 500 gallons per minute, sufficient to serve peak water demand for the project. Well site(s) shall be of a size(s) and at a location(s) acceptable to the Water Systems Manager. The cost of acquiring the well site and construction of the well(s) shall be reimbursed from UGM Water Supply Well Service Area Fund 501s, in accordance with established UGM policies (see attached letter dated July 6, 2005). 102. Water well construction shall include wellhead treatment facilities, if required, and provided there are sufficient funds available in the UGM Wellhead Treatment Fund for the area. The cost of constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area Fund 501s, in accordance with established UGM policies. Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 15 103. Dedicate a water supply and treatment site for installation of an above ground water storage and treatment facility that will be installed and/or constructed by the City. The site shall be of size and at a location acceptable to the Water Systems Manager. The cost of acquiring the site shall be reimbursed from UGM Water Supply Well Service Area Fund 501s, in accordance with established UGM policies. 104. Installation of public fire hydrant(s) is required in accordance with City Standards. 105. Two independent sources of water meeting Federal and State Drinking Water Act Standards are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 106. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 107. Seal and abandon existing on-site wells in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of Fresno standards. 108. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. Water Fees 109. The following sewer connection charges are due: a. Payment for installation of water service(s)and/or meter(s) is required. b. Water connection charges are due and shall be paid for the project. URBAN GROWTH MANAGEMENT REQUIREMENTS(GENERAL), 110. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 111. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 112. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 16 113. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 114. 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. 115. 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. 116. 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. FLOOD CONTROL AND DRAINAGE 117. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated July 11, 2005. 118. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. FRESNO IRRIGATION DISTRICT 119. The Fresno Irrigation District does not operate any canals on the subject property. Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 17 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 120. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated July 6, 2005. CLOVIS UNIFIED SCHOOL DISTRICT 121. The developer/owner shall comply with the requirements in the letter from the Clovis Unified School District dated July 11, 2005, which includes providing a copy of said letter to all prospective purchases of property within the project. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge4 $0.10/sq. ft. (to 100' depth) 2. Oversize Charge4 $0.05/sq. ft. (to 100' depth) 3. Trunk Sewer Charger $344/living unit Service Area: Fowler 4. Wastewater Facilities Charge4 $2,119/living unit 5. Copper Avenue Sewer Lift Station Charge4 n/a 6. Fowler Trunk Sewer Interim Fee Surety4 $1,000/living unit 7. House Branch Sewer Charger n/a , 8. Millbrook Overlay Sewert. n/a WATER CONNECTION CHARGES FEE RATE 9. 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. 10. Frontage Charges $6.50/lineal foot 11. Transmission Grid Main Charge4 $643/net acre 12. Transmission Grid Main Bond Debt► Conditions of Approval Vesting Tentative Tract Map No. 5501/UGM October 19, 2005 Page 18 Service Charge $243/net acre 13. UGM Water Supply Feer $582/living unit Service Area: 501-S 14. Well Head Treatment Feer $238 Service Area: 501 15. Recharge Feer $75/living unit Service Area: 501 16. 1994 Bond Debt Service.* $244/living unit Service Area: 501 DEVELOPMENT IMPACT FEE 17. Northeast Fresno Policing Area+ n/a 18. Traffic Signal Charges $414.96/living unit URBAN GROWTH MANAGEMENT FEE RATFJCHARGE' 19. UGM Fire Station Capital Fee.* $800/gross acre Service Area: undesignated 20. UGM Park Fees $2392/gross acre Service Area: 2 21. Major Street Charge.* $3161/adj. acre Service Area: D-1/E-2 22. Major Street Bridge Charge* $304/adj. acre Service Area: D-1/E-2 23. UGM Grade Separation Fees n/a 24. Trunk Sewer Charge.* n/a Service Area: Fowler 25. "Street Acquisition/Construction Charger n/a K:1Master Files-20041—PLAN AMENDMENTSW-04-019,R-04-062 WClintonNArrnstrong—AR1T-5501-COA October 14,2005.doc Notes: f Due at the time of development -* Deferrable through fee deferral covenant r Due at time of subdivision Street Name Review TM-5501 6-29-05 Street Name Status Required Change East Clinton Avenue Good Street"A" Chane East Adena Avenue Street"B" Chane East Yale Avenue Street "C" Chane East Berkeley Avenue Street T" Chane East Cambridge Avenue North Armstrong Avenue Good Street"E" Chane North Filbert Avenue Street T" Chane North She Avenue Street "G" Chane North Pearwood Avenue Street"I" Chane 'new name' reference T5461 'blank' Add 'new name' (reference T5461 Street"H" Chane North Apricot Avenue OFFICES OF PHONE(559)233-7181 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water Ili V'l July 5, 2005 J U L 0 7 2005 Mr. Dave Braun City of Fresno Development Department Planning Division 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 RE: VTTM No. 5501 & RA No. R-05-18 Dear Mr. Braun: 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 b'o� hnsongfresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I Agencies\City\TM5501 R-05-18 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G BALLS, General Manager GARY SERRATO R+.... G1 M 0 ( `, Fresno Local Agency Formation Commission August 3,2005 LJ AUG C $ 200 Mr. Ken Crabtree c/o Union Community Partners, LLC 2517 W. Shaw, Suite 108 Fresno, CA 93711 Dear Mr. Crabtree: Subject: Pre-Application Review for Southeast Corner of N. Armstrong and E. Clinton We appreciated meeting with you to discuss your proposed annexation/reorganization proposal for property located at the southeast corner of E. Clinton and N. Armstrong Avenues (Bob and Debbie Duley). As we have mentioned,there are a number of steps in the annexation process that must be followed as per State and Local laws before the Fresno Local Agency Formation Commission (LAFCo) may consider your request. Your proposal indicates a desire to annex to the City of Fresno. The first step in the annexation process is to meet with the City of Fresno representatives to discuss your proposal. Dave Braun of the City is the designated official whom will assist you in discussing your proposal and outlining the City's requirements for annexing to the City. He may be reached at 559/621-8038. The City must perform the following steps prior to LAFCo accepting your application: • Name your Proposal (Assign an official definitive short title for the reorganization that will be utilized by all agencies through the review/adoption/recordation processes). • Pre-zone your property to a zone district consistent with the City's General Plan. • Take official action to consider a development project on at least 50% of the property (i.e. subdivision map or site plan review). • Perform all necessary environmental analysis (CEQA) for the project to include filing of the Notice of Determination. ■ Prepare a Municipal Services Plan for your property that identifies how urban level services and utilities will be extended to serve your property. The County of Fresno also plays an important role in the review process. The County and City have entered into a "Memorandum of Understanding" concerning tax-sharing and planning arrangements related to City annexation proposals. The County of Fresno will review your proposal and offer comments. A prerequisite to submitting an official application with LAFCo is to meet and confer with the County to review your Proposal and consider requirements and recommendations that the County may have. Such meeting is normally scheduled by the City of Fresno staff(City Resolution Initiating Annexation Proposal) and takes place at the LAFCo office a minimum of thirty (30) days after receipt of a formal meeting request. If you should desire to contact the County to discuss your proposal, we would suggest that you contact Ferri Harmon at 559/262-4870. Once the City and County of Fresno have taken initial steps toward reviewing your Proposal, LAFCo may accept a formal application. We have attached a listing of the items required for processing your request. You should utilize this as a checklist in order to prepare a complete and comprehensive application. You should also be aware that there is a LAFCo filing fee that must accompany the application. The fee is based upon the total acreage of your proposal. We will assist you in determining the correct amount once your application is ready for submittal. We look forward to working with you through this process. If you have questions concerning the annexation/reorganization process, please feel free to contact me. in r Ri TYNE, Deputy xecutive Officer CC. Dave Braun, Terri H mon LAFCo Office: 2115 Kern Street, Suite 310, Fresno, CA 93721 Phone (559)495-0604 W Fax(559)495-0655 ® cflemingCQco.fresno.ca.us City of IM r�C ®,�1►�� :Y Fire Department 450 M Street Randy R. Bruegman Fresno, California 93721-3083 i Fire Chief 559-621-4000 FAX#559-498-4261 www.fresno.gov Date 6 - 23 - 05 TO: Dave Braun, Planner III Development Department, Planning Division FROM: Mike Schmidt,m'Supervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No. 5501 The Fire Department has completed a review of the Vesting Tentative Tract Map 5501, which was submitted by Ingles—Braun & Assoc. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 2.5 miles of Fire Station No.10. This project is subject to UGM Fire service fees for Fire station No.15. Provide residential hydrants and fire flows per Public works standards with two sources of water. - Access is acceptable as shown. City of len Maki rii�;�;Wei®ga PUBLIC WORKS DEPARTMENT DATE: July 21, 2005 TO: Dave Braun, Planner III Planning and Development Department FROM: ANN LILLIE, Senior Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5501 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 half of medians) and the landscape easements along the property lines that side or back-onto E. Clinton and N.Armstrong Avenues. • Maintenance of Sidewalks and Street Furniture as approved by the Public Works Department within the street easements and the landscape easements along the property lines border E. Clinton and N. Armstrong Avenues. • Maintenance of all landscape and irrigation systems on sides and in medians, decorative concrete and pilasters included as entry treatments to the tract • Maintenance of all interior Local Street Pavement, Curbs, Gutters, Sidewalks, Medians and Street Furniture 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. 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. Any change affecting the Items in these conditions requires revision of this letter of conditions. If you have any questions, please call me at 621-8690 c:PW File No. 10770 File:\word\cfdZttmapreview\tt5501 conditions D E P A R T M E N T O F P U B L I C W O R K S TO: Dave Braun, Planner III Planning Division FROM: Ann Lillie,Senior Engineering Technician(559.621.8690) DATE: October 14, 2005 SUBJECT: Tentative Subdivision Map T-5501 (Located Southeast corner of East Clinton and South Armstrong Avenues) The Department of Public Works has reviewed the Tentative Subdivision Map proposed by Bob Duley, on engineering plans prepared by Insels -Braun&Associates, dated July 9.2004. 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. Dedication of a ten (10)foot planting and buffer landscaping easement is required along the street frontage of collectors, Armstrong and Clinton. Street trees shall be planted at the rate of one tree for each 60' of street frontage. Street trees shall be planted by the Developer. The subdivider is required to provide automatic drip irrigation for all street trees. The irrigation system shall comply with FMC 12-306- -23. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME East Clinton Avenue Koelreuteria paniculata-Goldenrain Tree North Armstrong Avenue Nyssa sylvatica-Tupelo 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 strget. 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. 0UTL0IS 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 for review. City of C ,N- r"�CiI��1_c- ■ 4 PUBLIC WORKS DEPARTMENT: DATE: July 20, 2005 TO: Dave Braun, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Monroe, Supervising Engineering Technician Public Works Department, Engineering Division, Traffic Planning Sectio REZONE APPLICATION NO. R-05-018 OWNER (S): Bob and Debbie Duley APN (S): 310-210-26 and 27 FROM: AE-20/UGM TO: R-1/UGM LOCATION: Southeast corner of Clinton and Armstrong Comments/Concerns: 1. Trip Generation a. Existing: 20 Vehicle Trips per Day (VTD) b. Proposed: 775 + 20 (existing)= 795 Vehicle Trips per Day (VTD) AM Total Peak: 72 Trips PM Total Peak: 84 Trips 2. Highway Capacity a. Armstrong Avenue: Collector 1. Existing Lanes: 2 lanes undivided 10,000 VTD 2. Year Counted: See Note Below 3. Projected Lanes: 4 lanes undivided 24,000 VTD b. Clinton Avenue: Collector 1. Existing Lanes: 2 lanes undivided 10,000 VTD 2. Year Counted: See Note Below 3. Projected Lanes: 3 lanes undivided 13,000 VTD Note: The City of Fresno's current records are either out of date or not existing at this location. In an effort to get a better understanding of traffic impacts due to the development of this property at the requested zoning, the owner/developer shall provide the City of Fresno's Traffic Planning Section with a 24 hour volume count report. The report shall show the actual "raw" count taken on a Tuesday, Wednesday or Thursday. Holidays are to be excluded. (Counts cannot be taken during any given week containing a federal holiday.) Contact Public Works, Traffic Planning, at (559) 621-8600, for additional information and Engineering Services at (559) 621-8690 for Street Work Permit requirements. Page 1 of 1 C:1ouiselREZONEIR-05-018 CLINTON AND ARMSTRONG.doc City of rn1 DATE: July 20, 2005 TO: Dave Braun, Planner III Development Department, Planning Division THROUGH: Jose Luis Benavides, P.E., Traffic Engineering Managers Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5501, Public Works Conditions of Approval (S/E corner of Clinton and Armstrong) 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: _ Armstrong Avenue: Collector 1. Dedicate 47'-55' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 3. Construct 20' of permanent paving (measured from face of curb)within the limits of this sub- division. 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 Armstrong Avenue from all lots within this subdivision. Page 1 of 3 C:\Louise\TRACT MAPS\T-5501 CLINTON AND ARMSTRONG.doc Clinton Avenue: 3-lane Collector 1. Dedicate 42' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 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 Clinton 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 Standards. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Mitigation Requirements: 1. This tract will generate 60 a.m. /82 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is not required. 2. Relinquish direct vehicular access rights to a. the north property line of lot 1. b. the east property line of lot 30. c. the west property line of lot 29. 3. 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. 4. Correct map to identify correctly APN(s) 310-040-20 and 64. 5. Provide corner cut dedications for curb ramps at Armstrong and Yale. 6. Dedicate 62' of property and provide medians at the entrance located at Armstrong and Yale. (7' residential pattern -20' travel lane-8' median -20' travel lane 7' residential pattern) 7. Full offsite improvements adjacent to both remainder(s) on Armstrong and Clinton shall be required for public health and safety and the orderly development of the surrounding area. Reference "The Subdivision Map Act", Chapter 1, Section 66424.6. 8. Clinton Avenue: Non-UGM a. APN 310-210-25 frontage: Dedicate and construct A.C. paving and mountable dike, as shown, on Exhibit "C". 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. 9. Armstrong Avenue: Non-UGM a. Dedicate and construct (2) 17' center section travel lanes with 250' left turn lanes at all major intersections within this development. An additional 6' of paving shall be required adjacent to the left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions, as necessary, based on a 45 MPH design speed. Page 2of3 C:\Louise\TRACT MAPS\T-5501 CLINTON AND ARMSTRONG.doc b. Applicant shall pay a fair share contribution for the design and construction of a Major Street Bridge at the intersection of Armstrong and the Mill No. 36 Canal and provide a trip distribution pattern / trip trace to Traffic Engineering for the establishment of the fair share percentage impact and the required fair share contribution. c. APN 310-210-25 frontage: Dedicate and construct A.C. paving and mountable dike, as shown on Exhibit "C". 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. UGM Requirements: This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM fees. Clinton Avenue: 1. Dedicate and construct (2) 12' center section travel lanes with 250' left turn lanes at all major intersections within this development and continue west to Fowler Avenue. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Temperance Avenue: 1. Design and construct a Major Street Bridge at the intersection of Temperance and the Mill No. 36 Canal. Public Works will apply this requirement to a minimum of 4 other subdivisions with each subdivision being responsible for a fee no greater than 1/5 of the cost of said bridge. The timing of the bridge construction shall occur riior to close out of this subdivision or at such time that the City Engineer deems necessary, whichever is earlier. Page 3 of 3 C:\Louise\TRACT MAPS\T-5501 CLINTON AND ARMSTRONG.doc I A N N a w I cz LA CR O t M I I �`xJJ I I I r 1 N ►--� ca En y tz I K O r' I bd r I �3 O I I � I I I I I = I I I I I I I I I I I I I I I I I l I A A N N I o w is w o w o N C� ,/ W g ' 4 6' A,C, PATH i ---� 14 / i 12 ' I CONCRETE6 AC DIKE MEDIAN CURB � l CL F/ W I� %-32 '-38 � -- 0 -6 ' -- 6 ' A,C, PATH 14 12 I PAINTED MEDLr-1 T /I 6 / AC DIKE 'ror ,age Improvements requ irea bc�cna !im it ofi aeve!opmerit �'Ac, :ecion il-? '6( `: 6), 20,1 !4enerai F!an Foiicy G-1-c, City of -Ua e DEPARTMENT OF PUBLIC UTILITIES Date: July 6, 2005 To: DAVE BRAUN, Planner III Planning and Development Department, Current Planning From: DOUG BECKER, Supervising Engineering Technician t.A;'-�) Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR TENTATIVE TRACT 5501/UGM General T-5,501/UGM and R-05-18 are proposing an 81-lot single-family residential subdivision, rezoning from AE-20/UGM to the R-1/UGM zone district on 35 acres located on the southeast corner of North Armstrong and East Clinton Avenues. E'.nvironmental 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 Service The City of Fresno currently does not own capacity in the Fowler Avenue Trunk Sewer line north of Tulare Avenue; however, the City of Fresno has negotiated a temporary exchange and interim use of capacity owned by the City of Clovis in the Fowler Avenue Trunk Sewer. This exchange of capacity is conditioned upon Fresno replacing Clovis' capacity with capacity in future facilities agreeable to Clovis and at a cost yet to be determined. Whereas,,the necessary and appropriate fees for future replacement of Clovis' Fowler Avenue Trunk Sewer capacity have not been established and adopted by the City Council;the Developer in-lieu of constructing separate sanitary sewer facilities that would otherwise be required of this project (to provide for collection and conveyance of sanitary sewage discharged from the project to an approved point of discharge to the Sewer System located south of Tulare Avenue) shall provide payment of an "Interim Fee Surety" in the amount of$574 per living unit or living unit equivalent for the impending fees_ Said"Interim Fee Surety" may be deferred through a Fee Deferral Agreement to the issuance of a bcuilding permittoccupancy. Following adoption of a fee established for replacement of Clovis' capacity in the Fowler Avenue Trunk Sewer by the City Council, "Interim Fee Sureties" provided by the Developer shall be applied to the established fee and any amounts in excess shall be refunded. Sanitary Sewer Requirements An existing 36-inch sanitary sewer main is located in North Fowler Avenue to serve the proposed project. Sanitary sewer facilities are currently available to provide service to the site, subject to the following requirements: 1. Construct a 12-inch sanitary sewer main in East Clinton Avenue from North Fowler Avenue east to East Armstrong Avenue. 2. Construct a 10-inch sanitary sewer main in East Clinton Avenue from North Armstrong Avenue east across the project frontage. 3. Construct a 10-inch sanitary sewer main in North Armstrong Avenue from East Clinton Avenue south across the project frontage. 4. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 5. Abandon all existing on-site private sanitary sewer systems. 6. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 7. 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 Charge 3. Trunk Sewer Charge: Fowler 4. Wastewater Facilities Charge(Residential Only) Water Requirements CLl l`1761�� An existing 12-inch water main is located in East Shie E&Avenue to serve the proposed project. Water facilities are currently available to provide service to the site, subject to the following requirements: 1. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Armstrong Avenue from East Clinton Avenue south across the frontage of the development. 2. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide water service to each lot created. 3. Separate water services with meter boxes shall be provided to each lot created. 4. 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. 5. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of producing a minimum total demand of 500 gallons per minute. Well site(s) shall be of a size(s) and at a location(s) acceptable to the Water Systems Manager. The cost of acquiring the well site(s) and construction of the well(s) shall be reimbursed from UGM Water Supply Well Service Area Fund 501 s, in accordance with established UGM policiesDedicate a water supply and treatment site for the installation of an above ground water storage and treatment facility that will be installed and/or constructed by the City. The site shall be a size and at a location acceptable to the Water Systems Manager for such purposes. The cost of acquiring the site shall be reimbursed from UGM Water Supply Well Service Area 501 s, in accordance with established UGM policies. 6. Water well construction shall include wellhead treatment facilities, if required. The cost of constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area Fund 501s, in accordance with established UGM policies. 7. Dedicate a water supply and treatment site for the installation of an above ground water storage and treatment facility that will be installed and/or constructed by the City. The site shall be a size and at a location acceptable to the Water Systems Manager for such purposes. The cost of acquiring the site shall be reimbursed from UGM Water Supply Well Service Area 501s, in accordance with established UGM policies. 8. Installation of public fire hydrant(s) is required in accordance with City Standards. 9. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 10. All public water facilities shall,be constructed in accordance with the Department of Public Works standards, specifications, and policies. 11. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. Water Fees 1. Payment for installation of water service(s) and/or meter(s) is required. 2. Water Connection Charges are due and shall be paid for the Project. File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager JS LAND COMPANY Planning & Development Department 11 FIFTH ST., SUITE F City of Fresno GILROY, CA 95020 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5501 PRELIMINARY FEE(S) (See below) DRAINAGE REA(S) 11 BS - DRAINAGE AREA BS $209,487.00 DATE 7l 1f DRAINAGE AREA - TOTAL FEE $209,487.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. O Considerations which may affect the fee obligation(s) or the timing or form of fee payment: ML 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. 5501 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 -4—? c. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). - b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: 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. 5501 5469 E.OLIVE - FRESNO.CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Z Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees O in permit compliance, and complete an annual certification of 0omplianc . ■ o` b. State General Permit for Storm Water Discharges Associated with Industrial Activities, O 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. 5501 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakem Project Engineer: R.lck yon District Engineer C: INGELS-BRAUN & ASSOCIATES 875 W. ASHLAN AVE., SUITE 102 CLOVIS, CA 93612 5501 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, DISTAN ES ARE APPROXIMATE. I I• o I 30' 30' I / CLINTON AVE. ----- --------------- Cn C� w Q 0 Z 0 01-1F- 2 CA BRIDIGE AVE. 46 48' 48' 48' 48' / \ ---------------------(/ v I I I I I• I II I I I LEGEND F_ Master Plan Facilities To Be Constructed By Developer- Pipeline(size Shown)&Inlet. ®-- Future Master Plan Facilities 40 SCALE 1"=300' —————— Inlet Boundary Direction Of Drainage TRACT 5501 • EXHIBIT N0. 1 DRAINAGE AREA:"BS" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN:Y: Mw DAA MWKuuunAlOWMEXHIBlnTRACT NIAn REVISED er: — DATE — OTHER REQUIREMENTS EXHIBIT NO. 2 The proposed development of Tract 5501 is located in an area that has historically provided a passage for major storm water flows from the areas North and East of the proposed project. The developer of Tract 5501 will be required to provide a means of passing this runoff. The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. A minimum fifteen-foot (15') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. The easement may be slightly realigned to accommodate future development, provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline alignment, and accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. Development No. Tract 5501 enOperm it\exhibits2\tract\5501(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: Policy 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: Policy 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. 3) 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. engrlengrformToodplain policy-form San Joaquin Valley Air Pollution Control District July 6, 2005 Reference No. C20050573 (�f Dave Braun (ri I-_ L- Planning & Dev. Dept. 2600 Fresno St., Third Floor JUL Fresno, CA 93721-3604 Subject: T-5501, R-05-18—APN 310-210-26, -27 Dear Mr. Braun: 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 VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, 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: httr)://www.vallevair.ora/busind/comply/PM10/forms/DCP-Form%20-%2010-14-2004.pdf Rule 4002 (National Emission Standards for Hazardous Air Pollutants). In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact Mr. Dwayne England of this office at (559) 230-5973, or contact CAL-OSHA at (559) 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. Mr. Braun July 6,2005 T-5501, R-05-18 Page 2 Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) regulates the burning of agricultural material. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that the project burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rule specifies architectural coatings storage, clean up and labeling requirements. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 11 Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.valleyair.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 prgject 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. Mr. Braun July 6,2005 T-5501, R-05-18 Page 3 • 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. • 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.aamd.gov/r)rdas/brochures/paintguide.html - High-albedo (reflecting) roofing material. See http:Heetd.lbl.gov/coolroof/ - Cool Paving. See http://www.harc.edu/harc/Projects/CoolHouston/, http://eande.lbl.gov/heatisland/ - Radiant heat barrier. See http://www.eere.energy.Qov/consumerinfo/refbriefs/bc7.htmI - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Install geothermal heat pump system(s) - Programmable thermostat(s) for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar_passive.htmi - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines - - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site More information can be found at: http://www.loc.org, http://www.sustainable.doe.gov/, http://www.consumerenergyicenter.org/index.html http://www.ciwmb.ca.gov/GreenBuilding/ • The applicant/tenant(s) 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 such provisions as encouraging employees to rideshare or carpool to the project site, preferential parking spaces for employees who participate in carpooling or vanpooling, incorporating a compressed workweek schedule, or incentives for employees who use alternative transportation. Check out the "Spare the Air"section of our website www.valleyair.org Mr. Braun July 6,2005 T-5501, R-05-18 Page 4 • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.org , http://rredc.nrel.gov/, htti)://www.energy.ca.ciov/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 - 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.gov/msproq/offroad/Cert/cert.phr). 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.gov/msproq/off road/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at _ (559) 230-5831. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5800 or Mr. Hector R. Guerra, Senior Air Quality Planner, at (559) 230-5820 and provide the reference number at the top of this letter. Sincerely, �% Chrystal Zeiler Air Quality Specialist Central Region Enclosures c:file San .Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation V111, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October .1, 2004. This is a basic summary of the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20% means dust that would obstruct an observer's view of an object by 20%. District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. Soil Stabilization is required at regulated construction sites after normal 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 1/2 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 • • • • • • • -n c v a)CD a .+ y CD ~ y f~D 0 0 O m � m v 2 D n C7 (!) (!) U) > > o O Iv �O N N n CD N CD Q m O O 7' N 0 7' 7' O tR C c w m v cD c o °" m °' < ry co ttr F. m m a s <' can) Q n m S. n a N a F-' N O O N p O 7 O N O C p oq p Cn N n DQ = O oq C W Cn CD CL O = r+ CDD 04 v n CD O oq -n m - n � - — B. =r 7 cn j n CD 0 'D r•. 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M Nl ��'�Ei1W "T ► 7 `V <au..l IIII•�q o, Com' ."" @@ C n a O o N �r qF n� cn I'w Ilhb �r @ C4 14b' IIINI'lllill '+ =rn D CCD D ��II VIII s n Cn S 7 O m OCx C @ @ rll l r s #r S @ S c _ < o� ; ,b c = C all II " ; @ S 01 a 0 @ @ n @ 01 - a CD d @@ O < @ Q @ ^A 1 1 �".,:,.. 1•N fes- i+ 1 ., ''��F` @ CD !nOPQ CD N `L of O Cn IIILn r a CD C 01 j � S — 04 O O Cl)y =rC O 07 1 fi I I� x rt y 7 r' ' I�.I r•Y S a �• y 01 S CDy o Cn CD It W A 3 c c �• .'r JUL.11.2005 1:11PM CLOVIS UNIF SCH DIST NO-097` 'P.3'4-- CLOVIS u Ni F E D July 11,2005 SCHOOL DISTRICT Dave Braun,Planner lII 1450 HIMNDON AVENUE City of Fresno ovls,CA 93611-0567 Planning&Development Department J UL arj 559.327.9000 2600 Fresno Street, Third Floor Fresno CA 93721-3604 www.clovleusd.kMc&us ' SUBJECT: Tentative Tract No. 5501,Rezone No. R-05-18 Southeast comer of Clinton and Armstrong Dear Mr, Braun: GOVERMNG50"M Sanaa A.k"8" The purpose of this letter is to provide school district information relative to the Bdan D.neryioia above-referenced applications and to comply with Business and Professions Code tinny L.Horaeosn Richard Lake,CP.A. section 11010, subdivision (b)(11)(A) regarding the provision of school-related EIL- n M J.Sandoval information to the subdivider/owner and the State Department of Real Estate. jun Van Volklnburg.D.D.S. Susan M.wWlWz,D.iisc. Project development will affect the District by generating students that will need to be housed in District schools. Assuming that the project site will be developed with 79 new single family units (81 lots proposed with structures to remain on two remainder parcels),the following comments can be made at this time: 1. The number of students generated by the project is estimated as follows: grades K-6, 31 students; grades 7-8, 8 students; grades 9-12, 13 students. Terry Bradley,Ed.D. SWendrendene 2. Elementary School Information: Virginia R bods.Ed.D. Aasodaeasupermtendear (a) The subject land is presently within the attendance area of the elementary Daniel 6 Kaiser.Ed.D. Amodato superfntcadenr school(grades K-6) listed below: wnuam C.Mcaan, Assaelateaupmkn ene School Name: Temperance-Kutner Elementary School _ I,&mdatc� Address: 1448 N. Armstrong, Fresno, CA 93727 Telephone: (559) 327-8100 Capacity: 575 Enrollment: 635 (CBEDS Enrollment 2004-05 School Year) (b) The District is planning to construct a new elementary school on the Reagan Education Center site at the northwest comer of Ashlan and Leonard Avenues. The new school is expected to be completed and open for the 2006-07 school year. The project site will be within the attendance area of the new school. in addition, the District is acquiring a new elementary school site at the southeast comer of Dakota and Armstrong Avenues.Tile construction of schools on these sites will allow the District to keep pace With anticipated development activity in the southeast area of the District. I1V.U-/I f.Y . .}VL.1I.LCJCJJ i' i1411 l.Lvr iJ Lit IlI Jl.l1 L1J1 Dave Braun July 11, 2005 Page 2 (c) Because of rapid growth in the District and the District's plans for construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than Temperance-Kutner, and (2) students residing in the project area may attend more than one elementary school within the District during their elementary school years. 3. Intermediate and High School Information: (a) The project area is currently served by the following intermediate school (grades 7-8) and high school(grades 9-12). School Name: R.eyburn Intermediate School Address: 4300 N. DeWolf, Clovis, CA 93611 Telephone: (559) 327-4500 Capacity: 1,377 Enrollment: 1,472 (CBEDS Enrollment 2004-05 School Year) School Name: Clovis East High School Address: 4343 N. Leonard, Clovis, CA 93611 Telephone: (559) 327-4000 Capacity: 2,700 Enrollment: 21P555 (CBEDS Enrollment 2004-05 School Year) (b) The District will be locating an educational center in the portion of the Distract south of the Gould Canal, which will include a high school, an intermediate school and other facilities. The future construction of these facilities will allow the District to keep' pace with anticipated development activity in the southeast area of the District. 4. Bus transportation is currently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than two and one-half miles from school. Transportation will be available for students attending the above-identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. 5. The District currently levies a school facilities fee of$3.09 per square foot for residential development. The fee is adjusted periodically in accordance with law and may increase or decrease. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. NO.097 P.5" — - JUL.11.2005 1:12PM CLOVIS UNIF SCH DIST Dave Braun July 11,2005 Page 3 The District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project Thank you for the opportunity to comment on the project. Please contact me if you have any questions regarding this letter. Sincerely, Bill McGuire Associate Superintendent Administrative Services Exhibit A, Recommended Land Use Changes for Temperance Colony for the 2025 Fresno General Plan Exhibit B, Tentative Tract Map No. 5424 immediately to the north of the subject property Exhibit C, Letters from neighbors stating their concerns dated September 7, 2005(2), September 14, 2005 (5), September 15, 2005 (l ) ` Exhibit C — 1 RCC E E V�n �1 September 7, 2005 IEIEU SEP 0 q 2005 Fresno City Planning Commission Fresno, City Hall Planning Division 2600 Fresno Street Development Department Fresno, CA 93721-3604 CITY C?P PPESNO RE: R-05-18/T-5501 We are writing in response to rezone application R-05-18 and vesting tentative tract map no. T- 5501/UGM. First, we would like to state that though it appears this has been adjusted to fit within the scope of low density housing, the developer has made no attempt to contact current residents regarding their plans for this property, or to find out what they can do to make their development less intrusive to the residents. Therefore, as residents having to give up our current lifestyle we would like to have on record some of our requests for developing this property. • We request a block fence with a minimum height of 8 ft. to run along the south and east sides of the proposed development to protect current residents. • We request the lots along the south and east sides of the proposed development are the largest lots in the development with a minimum of 20,000 sq. ft., this will blend better with the existing homes and coincides with the Dunmore development, A-04-28, R-04- 89, T-5424, the City Council approved earlier this year. • We request no multiple story homes on the south or east sides of the proposed development. • We request the front and back set-backs be varied to provide a more custom appearance. • We request home prices start at $500,000 and go up from there. • For safety reasons, we also request a 4-way stop sign be installed at the intersection of Clinton and Armstrong. _ The above request to the south and east sides of the proposed development are to protect the current residents along those sides. These residents have to give up the life style they moved here for, and we are requesting that the builder respect the residents of this area by honoring these requests. Respectf ly, Michael &Alice Timken 2168 N. Armstrong Fresno, CA 93727 559-251-5125 Exhibit C — 2 September 7, 2005 SEP 2 1 2405 Planning Division ` rresno City Planning Commission Development Department Fresno, City Hall CITY OF 2600 Fresno Street 1J � rresno, CA 93721-3604 RE R-05-18x1'-5501 'Ne are writing in response to rezone application R-05-18 and vesting tentative tract map no. T- i501/UGM. First, we would like to state that though it appears this has been adjusted to fit �tithin the scope of low density housing, the developer has made no attempt to contact current residents regarding their plans for this property, or to find out what they can do to make their :evelopment less intrusive to the residents. Therefore, as residents having to give up our •irrent lifestyle we would like to have on record some of our requests for developing this ,Xoperty. + We request a block fence with a minimum height of 8 ft. to run along the south and east sides of the proposed development to protect current residents. + We request the lots along the south and east sides of the proposed development are the largest lots in the development with a minimum of 20,000 sq. ft., this will blend better with the existing homes and coincides with the Dunmore development, A-04-28, R-04- 89, T-5424, the City Council approved earlier this year. We request no multiple story homes on the south or east sides of the proposed development. We request the front and back set-backs be varied to provide a more custom appearance. - We request home prices start at$500,000 and go up from there. For safety reasons, we also request a 4-way stop sign be installed at the intersection of Clinton and Armstrong. ''nc- above request to the south and east sides of the proposed development are to protect the :i,rent residents along those sides. These residents have to give up the life style they moved +•�� for, and we are requesting that the builder respect the residents of this area by honoring -esa requests. 'espectfully, 1 T0 'd +9trST9tr£6SS 9£trLE84 Wti a£= 0T nHl 50-ZZ-d35 Exhibit C - 3 September 14, 2005 c_ �, ��C� SEP 16 2001. Fresno City Planning Commission Planning Division Fresno, City Hall Development Depa'tmeni 2600 Fresno Street CITY �F �r4=Si"0 Fresno, CA 93721-3604 RE: R-05-18/T-5501 We are writing in response to rezone application R-05-18 and vesting tentative tract map no. T- 5501/UGM. First, we would like to state that though it appears this has been adjusted to fit within the scope of low density housing, the developer has made no attempt to contact current residents regarding their plans for this property, or to find out what they can do to make their development less intrusive to the residents. Therefore, as residents having to give up our current lifestyle we would like to have on record some of our requests for developing this property. We request a block fence with a minimum height of 8 ft. to run along the south and east sides of the proposed development to protect current residents. , • We request the lots along the south and east sides of the proposed development are the largest lots in the development with a minimum of 20,000 sq. ft., this will blend better with the existing homes and coincides with the Dunmore development, A-04-28, R-04- 89, T-5424, the City Council approved earlier this year. • We request no multiple story homes on the south or east sides of the proposed development. • We request the front and back set-backs be varied to provide a more custom appearance. We request home prices start at $500,000 and go up from there. 0 For safety reasons, we also request a 4-way stop sign be installed at the intersection of Clinton and Armstrong. The above request to the south and east sides of the proposed development are to protect the current residents along those sides. These residents have to give up the life style they moved here for, and we are requesting that the builder respect the residents of this area by honoring these requests. Respectfully, Exhibit C - 4 September 14, 2005 Fresno City Planning Commission: We are writing in response to the rezone application R-05-18, Tract map# T-5501/UGM. We recently moved into a 2 acre home that butts up against this proposed development. Knowing that this development would be adjacent to our property, we have some requests for the developing subdivision. We truly hope you take these items into your planning and act in a way that if this was happening in your neighborhood, you would feel the same. 1. We request a block fence with a minimum height of 8 ft. to run along the east and south sides of the development for security & privacy. 2. No multiple story homes on the south or east sides for security & privacy. 3. The lots along the south and east sides are the largest lots w/minimum 20,000 sq.ft, to blend with existing homes for resale & continuity. 4. Front & back set-backs be varied to provide a more custom appearance for resale & continuity. 5. A 4-way stop sign be installed at the intersection of Clinton&Armstrong for safety reasons. 6. Home prices start @$500,000 and go up from there for resale& continutiy. We chose to have a rural lifestyle and we are requesting that the builder respect the residents of this area by honoring our choice. Development is bound to happen. We hope you will consider continuity, lifestyle, safety, and privacy amongst the top of your priorities in allowing this builder to proceed. Sincerely, David&Patti Sarabian 6828 E. Carmalee Lane " @ C IE�n v�;IED Fresno, Ca. 93727 LR] (559)292-0085 SEP 16 2005 Planning Division Development Department CITY OF FREISi O �—" Exhibit C — 5 September 14, 2005 Fresno City Planning Commission Fresno, City Hall SEP 15 2005 2600 Fresno Street Fresno, CA 93721-3604 Planning l7iepart Development Gepartmen CITY Or: FA,GSIN0 RE: R-05-18/T-5501 We are writing in response to rezone application R-05-18 and vesting tentative tract map no. T- 5501/UGM. First, we would like to state that though it appears this has been adjusted to fit within the scope of low density housing, the developer has made no attempt to contact current residents regarding their plans for this property, or to find out what they can do to make their development less intrusive to the residents. Therefore, as residents having to give up our current lifestyle we would like to have on record some of our requests for developing this property. • We request a block fence with a minimum height of 8 ft. to run along the south and east sides of the proposed development to protect current residents. • We request the lots along the south and east sides of the proposed development are the largest lots in the development with'a minimum of 20,000 sq. ft., this will blend better with the existing homes and coincides with the Dunmore development, A-04-28, R-04- 89;T-5424, the City Council approved earlier this year. • We request no multiple story homes on the south or east sides of the proposed development. • We request the front and back set-backs be varied to provide a more custom appearance. • We request home prices start at $500,000 and go up from there. • For safety reasons, we also request a 4-way stop sign be installed at the intersection of Clinton and Armstrong. _ The above request to the south and east sides of the proposed development are to protect the current residents along those sides. These residents have to give up the life style they moved here for, and we are requesting that the builder respect the residents of this area by honoring these requests. Respectfully, -7 r September 14, 2005 Exhibit C - 6aj [ T�/�D Fresno City Planning Commission SEP 19 2005 Fresno, City Hall Planning Division 2600 Fresno Street Development Departmen, Fresno, CA 93721-3604 CITY cam`= P`-`'`'"� RE: R-05-1 SIT-5501 We are writing in response to rezone application R-05-18 and vesting tentative tract map no. T- 5501/UGM. First, we would like to state that though it appears this has been adjusted to fit within the scope of low density housing, the developer has made no attempt to contact current residents regarding their plans for this property, or to find out what they can do to make their development less intrusive to the residents. Therefore, as residents having to give up our current lifestyle we would like to have on record some of our requests for developing this property. • We request a block fence with a minimum height of 8 ft. to run along the south and east sides of the proposed development to protect current residents. • We request the lots along the south and east sides of the proposed development are the largest lots in the development with a minimum of 20,000 sq. ft., this will blend better with the existing homes and coincides with the Dunmore development, A-04-28, R-04- 89, T-5424, the City Council approved earlier this year. • We request no multiple story homes on the south or east sides of the proposed development. • We request the front and back set-backs be varied to provide a more custom appearance. • We request home prices start at $500,000 and go up from there. • For safety reasons, we also request a 4-way stop sign be installed at the intersection of Clinton and Armstrong. The above request to the south and east sides of the proposed development are to protect the current residents along those sides. These residents have to give up the life style they moved here for, and we are requesting that the builder respect the residents of this area by honoring these requests. Respectfully, � Qa4lv� OF !.n September 14, 2005 Exhibit C — 7 _ � OVEDD Fresno City Planning Commission SEP 2 j 2005 Fresno, City Hall 2600 Fresno Street Planning Divi Fresno, CA 93721-3604 Development department CITY RE: R-05-18/T-5501 We are writing in response to rezone application R-05-18 and vesting tentative tract map no. T- 5501/UGM. First, we would like to state that though it appears this has been adjusted to fit within the scope of low density housing, the developer has made no attempt to contact current residents regarding their plans for this property, or to find out what they can do to make their development less intrusive to the residents. Therefore, as residents having to give up our current lifestyle we would like to have on record some of our requests for developing this property. • We request a block fence with a minimum height of 8 ft. to run along the south and east sides of the proposed development to protect current residents. • We request the lots along the south and east sides of the proposed development are the largest lots in the development with a minimum of 20,000 sq. ft., this will blend better with the existing homes and coincides with the Dunmore development, A-04-28, R-04- 89, T-5424, the City Council approved earlier this year. • We request no multiple story homes on the south or east sides of the proposed development. • We request the front and back set-backs be varied to provide a more custom appearance. • We request home prices start at $500,000 and go up from there. • For safety reasons, we also request a 4-way stop sign be installed at the intersection of Clinton and Armstrong. _ The above request to the south and east sides of the proposed development are to protect the current residents along those sides. These residents have to give up the life style they moved here for, and we are requesting that the builder respect the residents of this area by honoring these requests. Respectfully, hE'�1 ■ Exhibit C — 8 I �FOVEED) September 15,2005 SEP 16 2005 Fresno Planning Commission Planning Division Fresno City Hall Development Department 2600 Fresno Street CITY OF FRESNO Fresno, CA 93721-3604 RE: R-05-18/T-5501 Weare writing in response to the proposed rezone application R-05-18 and the tentative tract map no.T-5501/UGM. We live on Clinton,adjacent to the east side of the property and have been here since 1974.As we look over the notice we received regarding this proposal,we see that the developer has met some of the conditions imposed by the City in that the lot size has been increased. However,we are concerned that the developer chose not to meet with the landowners that are adjacent to or live in the vicinity of the proposed development. Thus far,we are clueless as to what type of development is being proposed and have been excluded from being able to express our concerns or interests directly to the developer prior to this meeting. The developer of the property due north of the proposal met with the neighbors numerous times to listen to our concerns and accordingly,made adjustments in their proposal prior it being presented to the City. Perhaps this is not the way business is usually done but it is what we have experienced and have become accustomed too. Therefore, we would like to indicate what we would like to see incorporated into the proposed development. • We request that a block wall,minimum 8 feet high, be constructed around the entire development as a buffer to the existing residences. • We request that the block wall be constructed first so as to reduce the impact of noise,dust,and dirt to the existing residences, • We request the lots along the south and east sides of the proposed development are the largest lots in the development with a minimum of 20,000 sq. ft.,so as to be a better size transition to the existing homes and to meet or exceed the exterior lot sizes of the Dunmore development,A-04-28,R-04-89,T-5424,the City Council approved in June,2005. • We request that the homes on the east and south sides of the development be single story only. • We request the front and back set backs be varied so as to provide a more custom built home appearance. • We request that the home prices start at a minimum of$500,000. so as to not diminish the value of the existing homes in the area. - • We request that there are entrances and exits to the development on Armstrong to diminish the traffic on Clinton Ave.and that a four way stop sign is installed at the Clinton Armstrong intersection. The above requests to the proposal are to protect the current residents along the east and south of the development and to be less intrusive on the rural lifestyle that they have enjoyed for many years. Resp e lly, Rick and Rita its e 6737E. Clinton A e. Fresno, CA 93727 291-0122 Exhibit D, Letter from Caltrans dated June 28, 2005 STATE OF CALIFORNIA—BUSINES5.TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER.Goveraor DEPARTMENT OF TRANSPORTATION Exhibit D — 1 1352 WEST OLIVE AVENUE P. O. BOX 12616 FRESNO, CA 93778-2616 PHONE (559) 445-6666 r=lL,7 L Flexyourpower! FAX (559) 488-4088 Be energy efficient! TTY (559) 488-4066 J U L 0 1 2005 June 28, 2005 Ranrii:, C.!*Aion D 0 213 1-IGR/CEQA 6-FRE-180-64.9+/- R-05-018 & T-5501 JS LAND COMPANY Mr. Dave Braun City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93 721-3 604 Dear Mr. Braun: We have reviewed the rezone and tract map for the 81-lot single-family residential project located on the southeast comer of North.Arm.strong and East Clinton Avenues... Caltrans has the following comments: The proposed developn'jentjn' ,and.of itself,'is"riot" pe teex 6-; 'd lo"create significant impacts to the State Highway Systernl 'However, the City should be aware that continued land use changes have the potential to create cumulatively significant impacts to both transportation and air quality. As cumulative impacts to these resources were not addressed in the General Plan Update Master EIR, but deferred to future studies, the City should consider a mechanism for evaluating and mitigating for these impacts. The Freeway 180 extension has been delayed due to a lack of funds. This delay could mean that the extension will not be construction until 2012,possibly longer if there are additional funding shortfalls. Prior to the construction of the Freeway 180 interchange at Temperance, the City and the developer should be aware that local.road movements at the intersection of Kings Canyon Road (currently State Route 180) and Temperance may begin to experience significant delay. Per the Fancher Creek DEIR, this intersection has met signal war-rants. The City should condition this project to pay a pro rata fair share towards this signalization. Until signalization occurs, it is projected that movements would seek out alternative routes in order to avoid the State Route 180 intersection at Temperance. The City should consider a transit alternative for thii project. There is sufficient development in this general area to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number I for other recommended transportation alternatives. We request that this letter be made part of the permanent public record for this project and that a copy of our letter be included in the staff reports for both the City Council and the Planning "Caltrans improves mobility across California Mr. Dave Braun Exhibit D — 2 June 28, 2005 Page 2 Commission. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" Tentative Tract Map No. 5501 GOVERNMENT CODE§66020(d)(1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments 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) d. Trunk Sewer Charger $344/living unit Service Area: Fowler e. Wastewater Facilities Charge* $2,119/living unit f. Copper Avenue Sewer Lift Station Charge* N/A g. Fowler Trunk Sewer Interim Fee Surety* $1,000/living unit h. House Branch Sewer Charger N/A 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/linea!foot I. Transmission Grid Main Charge* $643/gross acre (parcels 5 gross acres or more) m. Transmission Grid Main Bond Debt* Service Charge $243/gross acre (parcels 5 gross acres or more) n. UGM Water Supply Feer Service Area: 501s $582/living unit o. Well Head Treatment Feer $238/living unit Service Area: 501 p. Recharge Feer $75/living unit Service Area: 501 q. 1994 Bond Debt Service* $244/living unit Service Area: 501 DEVELOPMENT IMPACT FEE FEE RATE r. Northeast Fresno Policing Area* N/A s. Traffic Signal Charge* $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE t. UGM Fire Station Capital Fee* $800/gross acre Service Area: undesignated u. UGM Park Fee* $2392/gross acre Service Area: 2 v. Major Street Charge* $3161/adj. acre Service Area: D-1/E-2 w. Major Street Bridge Charge* $304/adj. acre Service Area: D-1/E-2 x. UGM Grade Separation Fee* N/A y. UGM Trunk Sewer Charge* N/A Service Area: Fowler z. Street Acquisition/Construction Charger N/A Notes: + Due at time of development * Deferrable through Fee Deferral Covenant. IV Due at time of subdivision CITY OF FRESNO —ENVIRONMENTAL ASSESSMENT/INITIAL STUDY FINDING OF CONFORMITY/MSIR NO. 10130 nn Pursuant to Section 21157.1 of the California Public Resource Code DATER aJNG: (California Environmental Quality Act) the project described below is 2005 AUG 31 determined to be within the scope of the Master Environmental Impact ReportPh 3: 24 (MEIR) No. 10130 prepared for the 2025 Fresno General Plan CITY CLERK, FRESMO CA Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 Applicant: Initial Study Prepared By: JS Land Company David Braun, Planner III 111 Fifth Street, Suite F August 29, 2005 Gilroy, California 95020 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-05-18 Southeast corner of South Armstrong and East Vesting Tentative Tract Map No. 5501/UGM Clinton Avenues (APN: 310-210-26, 27) Project Description: Rezone Application No. R-05-18 proposes to rezone approximately 37 (net) acres of property located on the southeast comer of South Armstrong and East Clinton Avenues, from the RR (County) and AE-20 (County) zone districts to the R-1/UGM (Single Family ResidentiaUUrban Growth Managemeno zone district. Vesting Tentative Tract Map No. 5501/UGM is proposing to subdivide the subject property into an 80- lot single family residential planned development subdivision to be developed at a density of 2.16 dwelling units per acre. The property is within the jurisdictions of the Roosevelt Community Plan and the 2025 Fresno General Plan. Both plans designate the property for low density residential planned land uses (0 to 2.18 units per acre). The subject site is currently vacant and is predominantly surrounded by agricultural/rural residential properties. Conformance to Master Environmental Impact Report(MEIR NO. 10130): As previously indicated, the recently adopted 2025,Fresno General Plan designates the subject parcel for low density residential planned land use. The requested R-1/UGM zone district conforms to the low density residential land use designation pursuant to Section 12-403-13-2 of the Fresno Municipal Code. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the requested rezoning in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed to be developed with single-family residential uses at an intensity and scale that is permitted by the planned land use and proposed zoning designations for the site. Thus, the rezoning will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the existing and future development, per the requested rezoning, will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the low density residential land use designation specified for the subject parcel. Based on this initial study, the project does not change the land use indicated Exhibit D — 3 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. ENVIRONMENTAL ASSESSMENT(EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA No. R-05-1&T-5501 1_0 TOPOGRAPHIC,SOIL.GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities (on or off 1 2.1 Substantial indirect source of pollution site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous substances 3_0 WATER 1 12.2 Site subject to flooding 1 3.1 Insufficient ground water available for long-term project 1 12.3 Adverse change in course of flow of flood waters use 1 12.4 Potential hazards from aircraft accidents 1 3.2 Use of large quantities of ground water 1 12.5 Potential hazards from landfill and/or toxic waste sites 1 3.3 Wasteful use of ground water 1 3.4 Pollution of surface or ground water supplies 12.0 AESTHETICS 1 3.5 Reduction in ground water recharge 1 13.1 Obstruction to public or scenic vista or view 1 13.2 Creation of aesthetically offensive conditions 4_0 PLANT LIFE 1 13.3 Removal of street trees or other valuable vegetation 1 4.1 Reduction of the numbers of any unique, rare or 1 13.4 Architectural incompatibility with surrounding area endangered species 1 4.2 Reduction in acreage of agricultural crop 14.0 HISTORICAL/ARCHAEOLOGICAL 1 4.3 Premature or unnecessary conversion of prime 1 14.1 Removal of historic building,disruption of agricultural land archaeological site 1 14.2 Construction or activity incompatible with adjacent 5.0 ANIMAL LIFE historic site 1 5.1 Reduction in the numbers of any rare, unique or endangered species 150 ENERGY 1 5.2 Deterioration or displacement of valuable wildlife habitat 1 15.1 Use of substantial amounts of energy or fuel 1 15.2 Substantial increase in demand upon existing sources 1 6_0 HUMAN HEALTH of energy 1 15.3 Wasteful use of energy 7_0 NOISE -ANATIUN OF RATINGS 1 7.1 Increases in existing noise levels EXPL 1 7.2 Exposure to high noise levels 80"In3ufficient Information 8_0 LIGHT AND GLARE Insufficient information is available to determine the potential 1 8.1 Production of glare which will adversely affect residential environmental effects which may result from the proposed areas project in this category. 1 8.2 Exposure of residences to high levels of glare "1"No Significant Environmental Effect The proposed project will not have an adverse environmental 9_0 LAND USE effect in this category, or any such effect is not substantially 1 9.1 Incompatibility with adopted plans and policies unusual or of undesirable magnitude. This rating is also 1 9.2 Acceleration of growth rate utilized in cases where the category is not applicable to the 1 9.3 Induces unplanned growth particular project under consideration. 1 9.4 Adverse change in existing or planned area -2"Moderate Environmental Effect characteristics The proposed project will have an adverse environmental effect in this category,which is of sufficient magnitude to be of 10.0 TRANSPORTATION AND CIRCULATION specific concern. However, this effect is not substantial 1 10.1 Generation of vehicle traffic sufficient to cause capacity enough in itself to require the preparation of an Environmental deficiencies on existing street system Impact Report,and is mitigable through project changes and 1 10.2 Cumulative increase in traffic on a major street for which conditions. capacity deficiencies are projected 63"Significant Adverse Environmental Effect 1 10.3 Specific traffic hazard to motorists,bicyclists, pedestrians The environmental effect identified in this category 1 10.4 Routing of non-residential traffic through residential area substantiates in itself or contributes towards a finding that the 1 10.5 Insufficient or poorly located parking proposed project has a potentially significant adverse effect on 1 10.6 Substantial increase in rail and/or air traffic the environment sufficient to require the preparation of an Environmental Impact Report. Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. R-05-18/T-5501/UGM Page 2 for the subject parcels and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). Gil rt J. 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