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HomeMy WebLinkAboutT-5508 - Conditions of Approval - 5/15/2006 City of CIISL�II>•la�I/� Planning and Development Department 2600 Fresno Street • Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559)488-1020 March 3, 2006 Please reply to: Arnoldo Rodriguez (559) 621-8633 Precision Engineering 7690 N. Palm Ave., Ste. 104 Fresno, CA 93711 SUBJECT: Final action by the Fresno City Planning Commission and the Fresno City Council regarding Rezone Application No. R-05-31, Tentative Tract Map No. 5508/UGM, and Conditional Use Permit Application No. C-05-107 for property located on the north side of East Church Avenue, between South Chestnut and South Willow Avenues The Fresno City Council conducted a duly noticed public hearing on December 13, 2005, to consider Rezone Application No. R-05-31. This application relates to the proposed development of an approximately 18.85 acre single family residential subdivision. Following a full and complete hearing,the Council adopted Ordinance No. 2005-158, relating to the above application as follows: 1. ADOPTED Ordinance Bill No. 2005-158 (enclosed) that rezones the site from the AE-20/UGM(Exclusive Twenty Acre Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family ResidentiadUrban Growth Management)zone district. The Fresno City Planning Commission previously conducted a duly noticed public hearing on November 30, 2005 to consider Rezone Application No. R-05-31 (Planning Commission Resolution No. 12368), Tentative Tract Map No. 5508/UGM (Planning Commission Resolution No. 12369),and Conditional Use Permit Application No. C-05-107 (Planning Commission Resolution No. 12370). The Commission approved the tentative tract map and conditional use permit applications and recommended that the Council approve the rezone application. The tentative tract map and conditional use permit applications were final at the Planning Commission and, therefore, no Council review was necessary. Please be advised that pursuant to Section 5 of the enclosed Ordinance Bill,the rezoning ordinance shall become effective and in full force at 12:01 a.m., thirty-one days after its passage. The Planning Commission also approved Vesting Tentative Tract Map No. 5508/UGM subject to the enclosed Conditions of Approval for Vesting Tentative Tract No.5508/UGM and Conditional Use Permit Application_ No. C-05-107 dated November 30. 2005. Rezone Application No. R-05-31 Tentative Tract Map No. 5508/UGM Conditional Use Permit Application No. C-05-107 Page 2 March 3, 2006 Please record this information for your future use. You will receive no further notice regarding these applications. Should you have any questions relating to this matter, please feel free to contact me. Sincerely, PLANNING DIVISION A"e-0 4L Arnoldo Rodriguez Supervising Planner KWASTER FILES-TRACT MAPSITRACT 5508 ARNOLDO RODRIGUEZ(R-055-31,C-05-107)Vt-05-31,T-5508,C-05-107-FINAL ACTION LETTER-DOC Enclosures: Ordinance Bill No. 2005-158 Planning Commission Report, including Conditions of Approval for Tentative Tract Map No. 5508 and Conditional Use Permit Application No. C-05-107 c: Pleasant Valley Investments, LC, 7675 N. Ingram Ave., Ste. 104, Fresno, CA 93711 Recording Requested by. City Clerk, Fresno, Cal/fomia No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorders Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO ,>>�e� PROPOSED AND INITIATED BY MOVED BYn a G SECONDED BY parPa *1 - BILL NO. B-155 ORDINANCE NO. 2005-158 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-05-31 has been filed with the City of Fresno by Pleasant Valley Investment, LC,applicant,on behalf of property owners listed below to rezone property as described hereinbelow; and, Prooertv owners: M.E.Radin, Limited Partnership, H. Marcus Radin/Trustee of the H. Marcus Radin Revocable Trust WHEREAS, the Roosevelt Implementation/Advisory Committee considered this application at its meeting of November 14, 2005, and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12,of the Fresno Municipal Code,the Planning Commission of the City of Fresno held a public hearing on the 30'"day of November, 2005,to consider Rezone Application No. R-05-31 and related Environmental Assessment No.R-05-31[T-5508/C- 05-107, during which the Commission considered the environmental assessment and recommended to the Council of the City of Fresno approval of the rezone application which proposes to amend the City's Zoning Ordinance on real property described hereinbelowfrom the AE-20/UGM (Exclusive Twenty Acre P i3 0 �4p�„a+cd 4_ / 3 r f_5 `'Tl"lilL `+ i /' Ordinance Amending OffiL . Zone Map ,Rezone Application No. R-05-31 n; Page 2 Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district; and, WHEREAS, the Council of the City of Fresno, on the 13"' day of December, 2005, received the recommendation of the Planning Commission. NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided,the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated November 10, 2005, prepared for Environmental Assessment No. R-05-31/T-5508/C-05-107. Accordingly,Environmental Assessment No. R-05-31(T-5508/C-05-107 is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the medium density residential planned land use designation of the 2025 Fresno General Plan and the Roosevelt Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno,is reclassified from the AE-20/UGM (Exclusive Twenty Acre AgriculturaUUrban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district. From AE-20/UGM to R-1/UGM: Parcel 1: The north 318 feet of the east half of lot 29 of Newhall Tract, according to the map thereof recorded in book 2 page 42 of record of surveys, Fresno County Records. (APN: 481-070-03) Parcel 2: The east 175 feet of the east half of the east half of lot 29 of Newhall Tract, Ordinance Amending Offi. , Zone Map Rezone Application No. R-05-31 Page 3 .0^v; according to the map thereof recorded in book 2 page 42 of record of surveys, j/ Fresno County Records. (APN: 481-070-04) Parcel 3: Lots 19 and 20 of Newhall Tract, according to the map thereof recorded in book 2 page 42 of record of surveys, Fresno County Records. (APN: 481-070-22) SECTION 4. The development of the property described in Section 3 shall be conditioned upon the following conditions of zoning which are recorded and on file in the Fresno County Recorder's Office. 1. The developer shall limit lots two through six, inclusive, of Tentative Tract Map No. 5508 as approved by the Planning Commission of the City on November 30, 2005, to single story homes. 2. The developer shall construct a six foot high solid masonry wall along the rear property lines of proposed lots two through six, inclusive, of Tentative Tract Map No. 5508 as approved by the Planning Commission of the City on November 30, 2005. SECTION 5. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. t.f 1 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 13th day of December , 2005, by the following vote: Ayes: Boyajian, Calhoun, Perea, Sterling, Westerlund, Dages Noes: None Absent: Duncan Abstain: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By Deputy Rezone Application No. R-05-31 Filed by Pleasant Valley Investments, LC Assessor's Parcel No.481-070-03,04, and 22 KWASTER FILES-TRACT MAPS\TRACT 5508 ARNOLDO RODRIGUEZ(R435-31,C-05-107)%R-05-31 CC ORDINANCE BILL.DOC FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12369 The Fresno City Planning Commission at its regular meeting on November 30, 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, Tentative Tract Map No. 5508/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 112-lot single family residential subdivision on approximately 18.85 gross acres of property located on the north side of East Church Avenue, between South Chestnut and South Willow Avenues; and, WHEREAS, on November 14, 2005, the Roosevelt Implementation/Advisory Committee recommended approval of the tract map and related rezone and conditional use permit applications; 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 November 30, 2005; and, WHEREAS, at that same hearing the Commission reviewed related Rezone Application No.R-05- 31 proposing to reclassify the subject site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district and Conditional Use Permit Application C-05- 107 which proposes a planned development, which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks,and common open space for the subdivision; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on November 30, 2005,to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, WHEREAS, no neighbors spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Tentative Tract Map No. 5508/UGM may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130)dated November 10,2005, prepared for Environmental Assessment No. R-05-31/T-5508/C- 05-107. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map subject is consistent with the adopted 2025 Fresno General Plan and the Roosevelt Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Tentative Tract Map No. 5508/UGM subject to the Planning and Development Department Conditions of Approval dated November 30,2005 and the following additions and modifications to said conditions: 1. Condition No. 40, which reads as follows, shall be deleted: An archaeological assessment shall be conducted for ,the project, the site shall be formally recorded, and Planning Commission Resolution No. 12369 Tentative Tract Map No. 5508 November 30, 2005 Page 2 recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 2. Condition 86A shall be added to the Conditions of Approval dated November 30,2005 and shall read as follows: On-site water and sewer shall be private, unless otherwise approved by the Public Utilities Department Director. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Vasquez. VOTING: Ayes - Cherry, Vasquez, Kissler, Brand Noes - None Not Voting - None Absent - DiBuduo, Vang i f�JJ� DATED: November 30, 2005 NICKFYOVINO, Secretary Fresno City Planning Commission Resolution No. 12369 Tentative Tract Map No. 5508/UGM Filed by Pleasant Valley Investments, LC Action: Recommend Approval FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12368 The Fresno City Planning Commission, at its regular meeting on November 30, 2005, adopted the following resolution relating to Rezone Application No. R-05-31. WHEREAS, Rezone Application No. R-05-31 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 EXISTING ZONING: AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management)zone district APPLICANT: Pleasant Valley Investments, LC LOCATION: North side of East Church Avenue, between South Chestnut and South Willow Avenues APN: 481-070-03, 481-070-04, and 481-070-22 LEGAL DESCRIPTION: From AE-20/UGM to R-1/EA/UGM: Parcel 1: The north 318 feet of the east half of lot 29 of Newhall Tract, according to the map thereof recorded in book 2 page 42 of record of surveys, Fresno County Records. (APN: 481-070-03) Parcel 2: The east 175 feet of the east half of the east half of lot 29 of Newhall Tract, according to the map thereof recorded in book 2 page 42 of record of surveys, Fresno County Records. (APN: 481-070-04) Parcel 3: Lots 19 and 20 of Newhall Tract, according to the map thereof recorded in book 2 page 42 of record of surveys, Fresno County Records. (APN: 481-070-22) WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to facilitate the development of a 112-lot,single family residential subdivision on approximately 18.85 acres; and, WHEREAS, on November 14, 2005, the Roosevelt Implementation/Advisory Committee recommended approval of the rezone and related tract map and conditional use permit application; and, Planning Commission Resolution No. 12368 Rezone Application No. R-05-31 November 30, 2005 Page 2 WHEREAS, the Fresno City Planning Commission on November 30, 2005, reviewed the subject rezone application in accordance with the policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the November 30, 2005, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change; and, WHEREAS, at that same hearing the Commission reviewed related Tentative Tract Map No. 5508/UGM to subdivide the property into a 112-lot, single family residential subdivision and Conditional Use Permit Application No. C-05-107 which proposes a planned development, which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common open space for the subdivision; and, WHEREAS, no neighbors spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Rezone Application No. R-05-31 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130) dated November 10, 2005, prepared for Environmental Assessment No. R-05-31/T- 5508/C-05-107. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-1/UGM (Single Family Residential/Urban Growth Management) zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Vasquez. VOTING: Ayes - Cherry, Vasquez, Kissler, Brand Noes - None Not Voting - None Absent - DiBuduo, Vang DATED: November 30, 2005 NICK P. INO, Secretary Fresno City Planning Commission Resolution No. 12368 Rezone Application No. R-05-31 Filed by Pleasant Valley Investments, LC Action: Recommend Approval KWASTER FILES-TRACT MAPSITRACT 5508 ARNOLDO RODRIGUEZ(R-05-31,C-05-107r11-05-31-PC RESO 12368.DOC FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12370 The Fresno City Planning Commission,at its regular meeting on November 30,2005,adopted the following resolution relating to Conditional Use Permit Application No. C-05-107. WHEREAS, Conditional Use Permit Application No.C-05-107 has been filed with the City of Fresno by Pleasant Valley Investments, LC,for approximately 18.85 gross acres of property located on the north side of East Church Avenue, between South Chestnut and South Willow Avenues; and, WHEREAS, Conditional Use Permit Application No. C-05-107 seeks authorization for the development of a planned development which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common open space for the subdivision; and, WHEREAS, on November 14, 2005, the Roosevelt Implementation/Advisory Committee recommended approval of the conditional use permit application and related rezone application and tract map; and, WHEREAS, on November 30, 2005, the Fresno City Planning Commission, reviewed the subject conditional use permit application in accordance with the policies of the Roosevelt Area Community Plan and the 2025 Fresno General Plan; and, WHEREAS, the Commission conducted a public hearing to review the proposed conditional use permit, received testimony from the applicant and considered the Planning and Development Department's report recommending approval of the proposed conditional use permit subject to special permit conditions; and, WHEREAS, at that same hearing the Commission reviewed related Rezone Application No. R-05- 31 proposing to reclassify the subject site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district and Tentative Tract Map No. 5508/UGM to subdivide the property into a 112-lot, single family residential subdivision; and, WHEREAS,the Fresno City Planning Commission considered the proposed conditional use permit relative to the staff report and environmental assessment issued for the project; and, WHEREAS, the Fresno City Planning Commission invited testimony with respect to the proposed conditional use permit; and, WHEREAS, no neighbors spoke in opposition to the project. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Conditional Use Permit Application No. C-05-107 may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130)dated November 10, 2005, prepared for Environmental Assessment No. R-05- 31/T-5508/C-05-107. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Conditional Use Permit Application No. C-05-107 authorizing the development of a planned PLANNING COMMISSION RESOLUTION No. 12370 Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 2 development,which includes gates to restrict vehicular access,private streets,reduced lot sizes and setbacks, and common open space for the subdivision. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Vasquez. VOTING: Ayes - Cherry, Vasquez, Kissler, Brand Noes - None Not Voting - None Absent - DiBuduo, Vang DATED: November 30, 2005 NICK P. Y O, Secretary Fresno City Planning Commission Resolution No. 12370 Conditional Use Permit Application No. C-05-107 Filed by Pleasant Valley Investments, LC Action: Recommend Approval K.1A&dw Floe•Trod Mspdffrad 5505.Mooldo Roddp n(R115-31.C45-107W,4&107 Real.12370.doo Recording Requested by. City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorders Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-05-31 has been filed with the City of Fresno by Pleasant Valley Investment, LC,applicant, on behalf of propertyowners listed belowto rezone propertyas described hereinbelow; and, Property owners: M.E. Radin, Limited Partnership, H. Marcus Radin/Trustee of the H.Marcus Radin Revocable Trust WHEREAS, the Roosevelt Implementation/Advisory Committee considered this application at its meeting of November 14, 2005, and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4,Chapter 12,of the Fresno Municipal Code,the Planning Commission of the City of Fresno held a public hearing on the 30''day of November, 2005, to consider Rezone Application No. R-05-31 and related Environmental Assessment No.R-05-31/T-5508/C- 05-107, during which the Commission considered the environmental assessment and recommended to the Council of the City of Fresno approval of the rezone application which proposes to amend the City's Zoning Ordinance on real property described hereinbelow from the AE-20/UGM (Exclusive Twenty Acre Ordinance Amending Official Zone Map Rezone Application No. R-05-31 Page 2 Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district; and, WHEREAS, the Council of the City of Fresno, on the 13th day of December, 2005, received the recommendation of the Planning Commission. NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated November 10, 2005, prepared for Environmental Assessment No. R-05-31/T-5508/C-05-107. Accordingly, Environmental Assessment No. R-05-31/T-5508/C-05-107 is hereby approved. SECTION 2. The Council finds the requested R-1/UGM zone district is consistent with the medium density residential planned land use designation of the 2025 Fresno General Plan and the Roosevelt Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno,is reclassified from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Resident/aUUrban Growth Management)zone district. From AE-20/UGM to R-1/UGM: Parcel 1: The north 318 feet of the east half of lot 29 of Newhall Tract, according to the map thereof recorded in book 2 page 42 of record of surveys, Fresno County Records. (APN: 481-070-03) Parcel 2: The east 175 feet of the east half of the east half of lot 29 of Newhall Tract, Ordinance Amending Official Zone Map Rezone Application No. R-05-31 Page 3 according to the map thereof recorded in book 2 page 42 of record of surveys, Fresno County Records. (APN: 481-070-04) Parcel 3: Lots 19 and 20 of Newhall Tract, according to the map thereof recorded in book 2 page 42 of record of surveys, Fresno County Records. (APN: 481-070-22) SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. /I/ CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2005, by the following vote: Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By Deputy Rezone Application No. R-05-31 Filed by Pleasant Valley Investments, LC Assessor's Parcel No.481-070-03,04, and 22 KWASTER FILES-TRACT MAPSITRACT 5508 ARNOLDO RODRIGUEZ(R-05-31,C-05-107)1R-05-31 CC ORDINANCE BILL.DOC / G"°' REPORT TO THE CIN COUNCIL AGENDA ITEM NO. rrum- % COUNCIL MEETING: December 13, 2005 APPROVED BY FROM: NICK P. YOVINO, Director , �p/L Planning and Development Departnt DEPART NT DIRECTOR BY: GILBERT J. HARD, Plannig nage CITY MANAGER Planning Division SUBJECT: CONSIDERATION OF REZONE A ICATION NO. R-05-31 AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-31/T-5508/C-05-107 KEY RESULT AREA One Fresno RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental finding for Environmental Assessment No. R-05-31/T-5508/C-05- 107, dated November 10, 2005, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. APPROVE Rezone Application No. R-05-31 to rezone the subject site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. EXECUTIVE SUMMARY Rezone Application No. R-05-31 pertains to approximately 18.85 gross acres of property located on the north side of East Church Avenue, between South Chestnut and South Willow Avenues. The rezone application proposes to reclassify the subject site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family ResidentiaUUrban Growth Management) zone district. The subject property is planned for medium density residential land uses and is vacant. The application would bring the subject property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan. On November 30, 2005, the Fresno City Planning Commission recommended approval of the rezone application to the City Council. The Planning Commission also took action to approve related Tentative Tract Map No. 5508/UGM to subdivide the property into a 112-lot, single family residential subdivision and Conditional Use Permit Application No. C-05-107 which proposes a planned development, which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common open space for the subdivision. KEY OBJECTIVE BALANCE Council action regarding this proposed land use application optimizes the three Key Objectives of Customer Satisfaction, Employee Satisfaction, and Financial Management. Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is, in turn, funding the operations of the Planning and Development Department. Employee satisfaction is derived from the fact that the professional and REPORT TO THE CITY COUNCIL Rezone Application No. R-05-31 December 13, 2005 Page 2 technical staff, who have reviewed and made a recommendation on this land use application, have done so in a thorough and professional manner, thereby enhancing the sense of accomplishment in the completion of the application process. PROJECT INFORMATION PROJECT A 112-lot, single family residential subdivision to be developed at an overall density of 6.02 units per acre APPLICANT Pleasant Valley Investments, LC LOCATION North side of East Church Avenue, between South Chestnut and South Willow Avenues (Council District 5, Councilmember Dages) SITE SIZE Approximately 18.85 gross acres LAND USE Existing - Vacant Proposed - Single family residential ZONING Existing - AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) Proposed- R-1/UGM (Single Family Residential/Urban Management)zone district PLAN DESIGNATION The proposed R-1/UGM zone district and 112-lot single family AND CONSISTENCY residential subdivision is consistent with the 2025 Fresno General Plan and Roosevelt Community Plan designation of the site for medium density residential planned land uses ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) dated November 10, 2005 PLAN COMMITTEE The Roosevelt Implementation/Advisory Committee RECOMMENDATION recommended approval of the proposed project at its meeting on November 14, 2005 STAFF Approve Rezone Application No. R-05-31 RECOMMENDATION PLANNING COMMISSION On November 30, 2005 the Planning Commission voted to recommend RECOMMENDATION approval of the rezone application by a vote of 4 to 0, with two Commission members absent REPORT TO THE CITY COUNCIL Rezone Application No. R-05-31 December 13, 2005 Page 3 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use Medium Density AL-20 Vacant Agricultural North Land/Mobile Home Residential Limited Twenty Acre Agricultural District Park Medium Density AE-20/UGM South Residential Exclusive Twenty Acre Agricultural/Urban Rural Residential Growth Management Public Facility/School AE-20/UGM East Exclusive Twenty Acre Agricultural/Urban School Growth Management West Medium Density T-P Residential Trailer Park Residential District Mobile Home Park ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Roosevelt Community Plan area including the Master Environmental Impact Report (MSIR No. 10130) for the 2025 Fresno General Plan. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. 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 the Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated November 10, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on November 10, 2005, with no comments received to date. BACKGROUND /ANALYSIS Pleasant Valley Investments, LC has filed Rezone Application No. R-05-31 pertaining to approximately 18.85 gross acres of property located on the north side of East Church Avenue, between South Chestnut and South Willow Avenues. The rezone application proposes to reclassify the subject site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The subject property is planned for medium density residential land uses and is vacant. The applicant also filed related Tentative Tract Map No. 5508 and Conditional Use Permit (CUP) Application No. C-05-107 REPORT TO THE CITY COUNCIL Rezone Application No. R-05-31 December 13, 2005 Page 4 which proposed to subdivide the property into a 112 lot, single family residential subdivision. The CUP Application proposed a planned development, which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common open space for the subdivision. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium density residential planned land use designation allows 4.99 to 10.97 units per acre. Overall, the proposed subdivision density is 6.02 units per acre. On November 30, 2005, the Planning Commission approved the tract map and CUP application. Conditional Use Permit Application (CUP) and Subdivision Map In addition to submitting a rezone application, the applicant submitted a tentative tract map and CUP Application for the subject property. The applicant has proposed to subdivide the property into a 112 lot, single family residential subdivision, while the CUP is to establish a gated planned development. According to Section 12-306-N-21 of the FMC, a CUP application must be obtained to create planned developments. As part of the CUP, an applicant may request a modification of development standards, including lot size, setbacks and yard areas. The planned development will be served by private streets which will be gated. In addition, it will contain reduced lot sizes in comparison to conventional subdivisions, reduced setbacks and common open space. Property owners will be required to share in common ownership of all the private streets, open space, walls, etc., on the entire site of the planned development. The CUP application for this project helps meet several of the goals of the 2025 Fresno General Plan and the Roosevelt Community Plan. One of these goals, Goal Number 5 of the 2025 Fresno General Plan indicates that the city supports the "Landscape of Choice-Principles and Strategies" as defined in Appendix A. Appendix A of the 2025 Fresno General Plan provides guiding principles for the Land Use Element of the 2025 Fresno General Plan by promoting development that utilizes urban land use as efficiently as possible. One such objective, Land Use/Residential Objective C-10, is aimed at "Promot[ing] the development of more compact, pedestrian friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and material." Since this project allows for the development of more compact single family residences, it will help to accomplish this objective. In short, the proposed project is different from conventional subdivisions given that it provides shared open space, private streets and smaller lot sizes which offers a unique sense of community that is not commonly offered in conventional single family developments. The tract map and CUP application were approved by the Planning Commission at their November 30, 2005 hearing. Roosevelt Community Plan The subject property is located within the boundaries of the Roosevelt Community Plan. The Roosevelt Implementation/Advisory Committee reviewed and recommended approval of the project at their November 14, 2005 meeting, subject to the following conditions: • Provide entry gates as shown on the original map. • Provide varying setbacks throughout the subdivision. • Provide stamped concrete or pavers at the four-way intersection. • Provide shared driveways. • Side yard setbacks shall be five feet. • Provide anti-graffiti landscaping for the block walls. • A block wall should be constructed for the property line abutting the mobile home park. REPORT TO THE CITY COUNCIL Rezone Application No. R-05-31 December 13, 2005 Page 5 • Air-conditioning units shall not be roof mounted. Staff imposed the majority of the Committee's comments, with the exception of the block wall and five foot side yards. Rather, staff recommended that the applicant provide one five foot side yard while the other may be three feet. The Committee's second recommendation will be provided for a portion of the subdivision. The applicant has agreed to provide it along a portion of the project, however walls are not required wherever single family residences abut other residences. Fresno City Planning Commission On November 30, 2005, the Fresno City Planning Commission considered Rezone Application No. R-05-31 in conjunction with Tentative Tract Map No. 5508/UGM and Conditional Use Permit Application No. C-05-107. After hearing testimony from city staff and the applicant, the Planning Commission voted to recommend approval of the rezone application by a vote of 4 to 0, with two Commission members absent, to the Council, and also approved the tract map and conditional use permit application. 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 and the environmental impact mitigation measures. 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. As a result, 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. It should be noted that although there is an adequate water supply, the water system (i.e. water mains) will be private and will be required to be maintained by the homeowner's association. 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. However, 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. It should be noted that although there is adequate sewer capacity to accommodate the proposed project, the sanitary sewer system (i.e. lines) will be private and will be required to be maintained by the homeowner's association. REPORT TO THE CITY COUNCIL Rezone Application No. R-05-31 December 13, 2005 Page 6 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. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 112 single-family residences, and the surrounding planned land uses designated by the 2025 Fresno General Plan and Roosevelt 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 East Church Avenue as a collector street. Collector streets are typically developed with two travel lanes in each direction 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. As required by the mitigation measures established by the certification of MEIR No. 10130, a Traffic Impact Study (TIS) was prepared by Peters Engineering Group (dated May 9, 2005) to evaluate the number of vehicle trips projected to be generated by the proposed project. Utilizing the Institute of Traffic Engineers (ITE) Trip Generation Manual, Seventh Edition, and associated computer software together with the COG's computerized traffic model, this analysis predicts the number of vehicle trips that will be generated from the proposed project and surrounding planned land uses, and the direction in which these trips will travel. The TIS analyzed the intersections at Chestnut and Church Avenues and Willow and Church Avenues and analyzed 112 single family residential units. At 112 single family residential dwelling units, the project is expected to generate an average of approximately 611 vehicle trips per day (VTD). Of these vehicle trips, it is projected that 103 will occur during the morning (7 to 9 a.m.) peak hour travel period and 126 will occur during the evening (4 to 6 p.m.) peak hour travel period. Because much of the immediately surrounding area is not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project, as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the UGM Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. Subdivision Design/Streets and Access Points This subdivision is proposed to have two access points to East Church Avenue. However, the 112-unit planned development will restrict access by installing vehicular gates at their entrances. Regardless that the streets will be private, the applicant will also be required to install traffic calming devices at four locations within the development, and contrasting paving material at the entrances from East Church Avenue. Landscaping/Common Open Space Pursuant to Policy 1-5.8 of the Roosevelt Community Plan the developer/owner shall provide a 15-foot landscape easement (and irrigation system),along the property lines of lots which back-onto East Church Avenue. The applicant will also be required to install a six foot high solid masonry wall at the REPORT TO THE CITY COUNCIL Rezone Application No. R-05-31 December 13, 2005 Page 7 rear of the required 15 foot landscape easement. Furthermore, the applicant is proposing a planned development, which will require that the developer establish a homeowner's association which will be responsible for maintaining the common open space within the subdivision. Lot Area and Dimensions Planned Development Lots within planned developments may have modified lot widths, depths and areas, however lots must still be a minimum of 4,200 square feet in area. The majority of the proposed lots are 45 feet in width and 100 feet in width. Although the lots for the planned development are smaller in area in comparison to the standard R-1 lot, the site as a whole is developed to achieve a more compact, pedestrian friendly neighborhood which will provide future residents with common open space. Setbacks Planned Development The applicant is proposing a planned development which allows for modified development standards. The applicant is proposing 15 foot driveways, rather than the conventional 20 feet. The Public Works Department has indicated that the preferable distance is 18 feet, subject to the applicant providing roll- up garage doors. In addition, staff is recommending that the applicant provide shared drive-approaches or an alternative, to the Planning & Development Director's satisfaction, that will minimize the number of drive approaches. The applicant is also proposing 15 foot rear yards, with side yards of three and five feet, respectively. It should be noted that staff is recommending that the applicant provide varying front yard setbacks between 14 to 20 feet. Furthermore, identical setbacks shall not be provided for more than two consecutive lots (i.e. each third lot will have a different front yard setback of at least one foot). This is intended to create off-setting setbacks to break up a monolithic appearance and to stimulate visual interest. State Department of Transportation (Caltrans) In a letter to the city dated October 11, 2005, Caltrans states that the northbound off-ramp to Jensen Avenue will likely require improvements in the future. However, Caltrans notes that the proposed project will simply generate 12 trips that would impact State Route 99, therefore, this projects impacts are negligible. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Roosevelt Community Plan and the 2025 Fresno General Plan; its compatibility with surrounding existing or proposed uses; and, its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the proposed Rezone Application No. R-05-31 is appropriate for the project site. REPORT TO THE CITY COUNCIL Rezone Application No. R-05-31 December 13, 2005 Page 8 Attachments: Vicinity Map 2005 Aerial Photograph of Site Exhibit A, Tentative Tract Map No. 5508 dated November 30, 2005 Exhibit B, Site plan for Conditional Use Permit Application No. C-05-107 dated November 30, 2005 Exhibit C, Proposed gated entry Exhibit D, Letter from Caltrans dated October 11, 2005 Environmental Assessment No. R-05-31/T-5508/C-05-107 Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated November 10, 2005 Planning Commission Resolution No. 12368 (Rezone Application No. R-05-31), 12369 (Tentative Tract Map No. 5508/UGM), and 12370 (Conditional Use Permit Application No. C-05-107) Ordinance Bill LVi Mw-Ts M PATS SM A�4ilpn(Rd 41,C4 107W u CC ?+pay 124345 e it City 01 ,NIZ REPORT TO THE PLANNING COMMISSION VIII-C M�� AGENDA ITEM NO. COMMISSION MEETING 11/30/05 November 30, 2005 APPROVED BY FROM: STAFF, Planning Division Planning and Development Department DEPARTMENT DI"T SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-31, TENTATIVE TRACT MAP NO. 5508/UGM AND CONDITIONAL USE PERMIT APPLICATION NO. C-05-107 AND ENVIRONMENTAL ASSESSMENT NO. R-05-31/T-5508/C-05- 107 EXECUTIVE SUMMARY Pleasant Valley Investments, Inc. has filed Rezone Application No. R-05-31, Tentative Tract Map No. 5508/UGM, and Conditional Use Permit Application No. C-05-107 pertaining to approximately 18.85 gross acres of property located on the north side of East Church Avenue, between South Chestnut and South Willow Avenues. Rezone Application No. R-05-31 proposes to reclassify the subject site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family ResidentiaUUrban Growth Management) zone district. The subject property is planned for medium density residential land uses and is vacant. Tentative Tract Map No. 5508 proposes to subdivide the property into a 112 lot, single family residential subdivision. Conditional Use Permit Application C-05-107 proposes a planned development, which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common open space for the subdivision. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium density residential planned land use designation allows 4.99 to 10.97 units per acre. Overall, the proposed subdivision density is 6.02 units per acre. The applications would bring the subject property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan. PROJECT INFORMATION PROJECT A 112-lot, single family residential subdivision to be developed at an overall density of 6.02 units per acre APPLICANT Pleasant Valley Investments, Inc. LOCATION North side of East Church Avenue, between South Chestnut and South Willow Avenues (Council District 5, Councilmember Dages) SITE SIZE Approximately 18.85 gross acres LAND USE Existing - Vacant Proposed - Single family residential ZONING Existing - AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) Proposed- R-1/UGM (Single Family Residential/Urban Management) zone district REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-31 Tentative Tract Map No. 5508/UGM Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 2 PLAN DESIGNATION The proposed R-1/UGM zone district and 112-lot single family AND CONSISTENCY residential subdivision is consistent with the 2025 Fresno General Plan and Roosevelt Community Plan designation of the site for medium density residential planned land uses ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) dated November 10, 2005 PLAN COMMITTEE The Roosevelt Implementation/Advisory Committee RECOMMENDATION recommended approval of the proposed project at its meeting on November 14, 2005 STAFF Recommend approval of the rezone application to the City Council RECOMMENDATION and approve the tentative tract map and conditional use permit application subject to compliance with the Conditions of Approval for T-5508/UGM dated November 30, 2005 and Conditions of Approval for C-05-107 dated November 30, 2005 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium Density AL-20 Vacant Agricultural Land/Mobile Home Residential Limited Twenty Acre Agricultural District Park Medium Density AE-20/UGM South Residential Exclusive Twenty Acre AgriculturaUUrban Rural Residential Growth Management Public Facility/School AE-20/UGM East Exclusive Twenty Acre AgriculturaUUrban School Growth Management West Medium Density T-P Mobile Home Park Residential Trailer Park Residential District ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Roosevelt Community Plan area including the Master Environmental Impact Report (MEIR No. 10130) for the 2025 Fresno General Plan. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-31 Tentative Tract Map No. 5508/UGM Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 3 existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. 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 the Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated November 10, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on November 10, 2005, with no comments received to date. BACKGROUND / ANALYSIS Pleasant Valley Investments, Inc. has filed Rezone Application No. R-05-31, Tentative Tract Map No. 5508/UGM, and Conditional Use Permit Application No. C-05-107 pertaining to approximately 18.85 gross acres of property located on the north side of East Church Avenue, between South Chestnut and South Willow Avenues. Rezone Application No. R-05-31 proposes to reclassify the subject site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R- 1/UGM (Single Family Residential/Urban Growth Management) zone district. The subject property is planned for medium density residential land uses and is vacant. Tentative Tract Map No. 5508 proposes to subdivide the property into a 112 lot, single family residential subdivision. Conditional Use Permit Application C-05-107 proposes a planned development, which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common open space for the subdivision. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium density residential planned land use designation allows 4.99 to 10.97 units per acre. Overall, the proposed subdivision density is 6.02 units per acre. The applications would bring the subject property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan. Conditional Use Permit Application (CUP) In addition to submitting a tentative tract map and rezone application, the applicant has also submitted CUP Application No. C-05-107 for the subject property. According to Section 12-306-N-21 of the FMC, a CUP must be obtained to create planned developments. As part of the CUP, an applicant may request a modification of development standards, including lot size, setbacks and yard areas. The applicant is proposing a planned development for all of the proposed 112 lots. The planned development will be served by private streets which will be gated. In addition, it will contain reduced lot sizes in comparison to conventional subdivisions, reduced setbacks and common open space. Property owners will be required to share in common ownership of all the private streets, open space, walls, etc., on the entire site of the planned development. The CUP application for this project helps meet several of the goals of the 2025 Fresno General Plan and the Roosevelt Community Plan. One of these goals, Goal Number 5 of the 2025 Fresno General Plan indicates that the city supports the "Landscape of Choice-Principles and Strategies" as defined in Appendix A. Appendix A of the 2025 Fresno General Plan provides guiding principles for the Land Use Element of the 2025 Fresno General Plan by promoting development that utilizes urban land use as efficiently as possible. One such objective, Land Use/Residential Objective C-10, is aimed at "Promot[ing] the development of more compact, pedestrian friendly, single-family residential projects to REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-31 Tentative Tract Map No. 5508/UGM Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 4 aid in the conservation of resources such as land, energy, and material." Since this project allows for the development of more compact single family residences, it will help to accomplish this objective. In short, the proposed project is different from conventional subdivisions given that it provides shared open space, private streets and smaller lot sizes which offers a unique sense of community that is not commonly offered in conventional single family developments. Roosevelt Community Plan The subject property is located within the boundaries of the Roosevelt Community Plan. The Roosevelt Implementation/Advisory Committee reviewed and recommended approval of the project at their November 14, 2005 meeting, subject to the following conditions: • Provide entry gates as shown on the original map. • Provide varying setbacks throughout the subdivision. • Provide stamped concrete or pavers at the four-way intersection. • Provide shared driveways. • Side yard setbacks shall be five feet. • Provide anti-graffiti landscaping for the block walls. • A block wall should be constructed for the property line abutting the mobile home park. • Air-conditioning units shall not be roof mounted. Staff has incorporated the majority of the Committee's comments, with the exception of the block wall and five foot side yards. Rather, staff is recommending that the applicant provide one five foot side yard while the other may be three feet. The Committee's second recommendation will be provided for a portion of the subdivision. The applicant has agreed to provide it along a portion of the project, however walls are not required whenever single family residences abut other residences. 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 and the environmental impact mitigation measures. 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. As a result, 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. It should be noted that although there is an adequate water supply, the water system (i.e. water mains) will be private and will be required to be maintained by the homeowner's association. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-31 Tentative Tract Map No. 5508/UGM Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 5 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. However, 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. It should be noted that although there is adequate sewer capacity to accommodate the proposed project, the sanitary sewer system (i.e. lines) will be private and will be required to be maintained by the homeowner's association. 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. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 112 single-family residences, and the surrounding planned land uses designated by the 2025 Fresno General Plan and Roosevelt 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 East Church Avenue as a collector street. Collector streets are typically developed with two travel lanes in each direction 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. As required by the mitigation measures established by the certification of MEIR No. 10130, a Traffic Impact Study (TIS) was prepared by Peters Engineering Group (dated May 9, 2005) to evaluate the number of vehicle trips projected to be generated by the proposed project. Utilizing the Institute of Traffic Engineers (ITE) Trip Generation Manual, Seventh Edition, and associated computer software together with the COG's computerized traffic model, this analysis predicts the number of vehicle trips that will be generated from the proposed project and surrounding planned land uses, and the direction in which these trips will travel. The TIS analyzed the intersections at Chestnut and Church Avenues and Willow and Church Avenues and analyzed 112 single family residential units. At 112 single family residential dwelling units, the project is expected to generate an average of approximately 611 vehicle trips per day (VTD). Of these vehicle trips, it is projected that 103 will occur during the morning (7 to 9 a.m.) peak hour travel period and 126 will occur during the evening (4 to 6 p.m.) peak hour travel period. Because much of the immediately surrounding area is not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However, the proposed project, as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the UGM Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130) REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-31 Tentative Tract Map No. 5508/UGM Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 6 which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. Subdivision Design/Streets and Access Points This subdivision is proposed to have two access points to East Church Avenue. However, the 112-unit planned development will restrict access by installing vehicular gates at their entrances. Regardless that the streets will be private, the applicant will also be required to install traffic calming devices at four locations within the development, and contrasting paving material at the entrances from East Church Avenue. Landscaping/Common Open Space Pursuant to Policy 1-5.8 of the Roosevelt Community Plan the developer/owner shall provide a 15-foot landscape easement (and irrigation system) along the property lines of lots which back-onto East Church Avenue. The applicant will also be required to install a six foot high solid masonry wall at the rear of the required 15 foot landscape easement. Furthermore, the applicant is proposing a planned development, which will require that the developer establish a homeowner's association which will be responsible for maintaining the common open space within the subdivision. Lot Area and Dimensions Planned Development Lots within planned developments may have modified lot widths, depths and areas, however lots must still be a minimum of 4,200 square feet in area. The majority of the proposed lots are 45 feet in width and 100 feet in width. Although the lots for the planned development are smaller in area in comparison to the standard R-1 lot, the site as a whole is developed to achieve a more compact, pedestrian friendly neighborhood which will provide future residents with common open space. Setbacks Planned Development The applicant is proposing a planned development which allows for modified development standards. The applicant is proposing 15 foot driveways, rather than the conventional 20 feet. The Public Works Department has indicated that the preferable distance is 18 feet, subject to the applicant providing roll- up garage doors. In addition, staff is recommending that the applicant provide shared drive-approaches or an alternative, to the Planning & Development Director's satisfaction, that will minimize the number of drive approaches. Furthermore, the applicant is proposing 15 foot rear yards, with side yards of three and five feet, respectively. It should be noted that staff is recommending that the applicant provide varying front yard setbacks between 14 to 20 feet. Furthermore, identical setbacks shall not be provided for more than two consecutive lots (i.e. each third lot will have a different front yard setback of at least one foot). This is intended to create off-setting setbacks to break up a monolithic appearance and to create visual interest. State Department of Transportation (Caltrans) In a letter to the city dated October 11, 2005, Caltrans states that the northbound off-ramp to Jensen Avenue will likely require improvements in the future. However, Caltrans notes that the proposed project will simply generate 12 trips that would impact State Route 99, therefore, this projects impacts are negligible. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-31 Tentative Tract Map No. 5508/UGM Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 7 Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No. C-05-107 proposes the development of a 112-unit single family residential planned development subject property. The project will provide gates with private streets, a landscaped common open space, reduced lot sizes and reduced setbacks. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code can be made. 1. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features; and, Conditional Use Permit Application No. C-05-107 will comply with all applicable codes, including parking, landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. Furthermore, the site will provide a common open space area, which will allow future tenants to interact and to enjoy passive recreational opportunities, rather than conventional single family residential subdivisions which rarely offer such opportunities. Furthermore, although the proposed parcels are slightly smaller in area in comparison to conventional subdivisions, they require less maintenance which is often sought by empty nesters and young professionals. 2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, Although the project will increase traffic in comparison to what exist today, vehicular traffic will be directed towards East Church Avenue, a collector street, minimizing the impact on local streets. Furthermore, the Public Works, Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic and the surrounding community. 3. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of the FMC. The proposed use, a residential development, will not have a negative impact on either the subject site, or neighboring properties given that the conditions of approval will ensure that the developer meet the minimum standards. Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§ 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 REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-31 Tentative Tract Map No. 5508/UGM Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 8 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 Roosevelt Community Plan designates the site for medium density residential planned land use and the project design meets the density and zoning ordinance criteria for development in these plan designations. Furthermore, the applicant will be required to construct a vista point, a trail and streets to which will increase travel options. 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. Furthermore, the applicant will be prohibited from draining towards the bluff, which will keep it from eroding. 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 area is not known to contain any unique or endangered species. 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. 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 Roosevelt 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. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-05-31 Tentative Tract Map No. 5508/UGM Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 9 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 Roosevelt 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 Tentative Tract Map No. 5508/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 a mitigated negative declaration for Environmental Assessment No. R-05-31/T-5508/C-05-107 dated November 10, 2005. 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-05-31 to rezone the subject site from the AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. 3. APPROVE Tentative Tract Map No. 5508/UGM subject to compliance with the Conditions of Approval dated November 30, 2005. 4. APPROVE Conditional Use Permit Application No. C-05-107 subject to compliance with Conditions of Approval dated November 30, 2005. Attachments: Vicinity Map 2005 Aerial Photograph of Site Exhibit A, Proposed Tentative Tract Map No. 5508 dated November 30, 2005 Exhibit B, Proposed Conditional Use Permit Application No. C-05-107 dated November 30, 2005 Exhibit C, Proposed gated entry (i.e. Exhibit A of the Conditions of Approval) Exhibit D, Letter from Caltrans dated October 11, 2005 Conditions of Approval for T-5508/UGM dated November 30, 2005 Conditions of Approval for CUP Application No. C-05-107 dated November 30, 2005 Environmental Assessment No. R-05-31/T-5508/C-05-107 dated November 10, 2005. CUSaY Fin-Tir3 11-3 O.m w w f w x; a ♦� J � FLORENCE T-PM; k. hie 4 t e r CHURC "2♦ EDNA Z 7"":` �4x i LEGEND a Subject Property am U.G.M.Area VICINITY 31" PLANNING & DEVELOPMENT VESTING TENTATIVE MAP OF TRACT NO. 5508 N DEPARTMENT REZONE APPLICATION NO. R-05-031A.P.N.: 481-070-03,04,22 From AE-20/UGM to R-1/UGM ZONE MAP:2553 CONDITIONAL USE PERMIT NO. C-05-107 North of Church btwn Chestnut&Willow Aves. 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Be energy efcienl! TTY (559)488-4066 October 11, 2005 OCT 2005 Ranning division 213 1-IGR/CEQA C)eve opi..ynt 6-FRE-99-19.2+/- C-05-107,R-05-31 &T-5508 PLEASANT VALLEY INVESTMENTS LLC Mr. Arnoldo Rodriguez City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr.Rodriguez: We have reviewed the rezone, use permit, tract map,and Traffic Impact Study(TIS)for the 119-lot single-family residential subdivision located on the north side of East Church Avenue between South Chestnut and South Willow Avenues. Caltrans has the following comments: Caltrans concurs with the trip distribution/trip generation from the project's TIS. The revised TIS indicates that 12 trips from this site would impact the State Route (SR) 99 interchange at Jensen Avenue during the evening peak travel periods. None of these trips were identified as impacting the northbound off-ramp. As we have previously indicated, the northbound off-ramp to Jensen Avenue will likely require an additional turn-lane. The current estimated cost for this improvement is$265,900. Since the analysis indicates that no trips generated from this site would impact this ramp, Caltrans concludes that this project's impacts to State facilities would be negligible. However, when combined with other development in the area, this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. Cumulative impacts to these resources were not fully addressed in the General Plan Update Master EIR,but postponed to future studies. The City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project. When combined with other residential projects in the area, there is sufficient development to support transit, and early planning could make such an alternative feasible.. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. If you have any questions,please call me at(559)445-6666. Sincerely, 67 c1 MOSES STITES = r.ti ,:• - Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEMBER 30,2005 TENTATIVE TRACT MAP NO. 5508/UGM NORTH SIDE OF EAST CHURCH AVENUE BETWEEN SOUTH CHESTNUT AND SOUTH WILLOW 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 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 Tentative Tract Map No. 5508/UGM entitled "Exhibit A," dated November 30, 2005, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Conditional Use Permit Application No. C-05-107 for the subject property. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 2 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 10. Relinquish access rights to East Church Avenue from all residential lots which abut this street. Ref. Section 12-10114-3 of the Fresno Municipal Code. 11. 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 and Cities 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. 5508/UGM. 12. Install stamped concrete, paving stones, brick, flagstone, or other contrasting paving material to clearly demarcate the three intersections at the street that travels along Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 3 eastern property line as depicted on Exhibit A dated November 30, 2005 for Conditional Use Permit application No. C-05-107, the Ione four-way intersection within the boundaries of the subdivision, and the two entrances from East Church Avenue. Identify material on Exhibit A (of the CUP). Note that painted lines and/or speed bumps are not acceptable. Said contrasting paving material are intended to act as traffic calming devices, without providing speed bumps. Landscaping and Walls 13. Pursuant to Policy 1-5.8 of the Roosevelt Community Plan the developer/owner shall provide a 15-foot landscape easement (and irrigation system) along the property lines of lots which back-onto East Church Avenue. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. 14. Provide a ten foot landscape easement along the eastern property line of proposed Lot 1; the western property line of Lot 55; the eastern property line of Lot 56; and, the western property line of lot 59. In addition, provide a six foot, decorative solid masonry wall and corner cut-off at the rear of the required landscape easement (i.e. eastern property line of proposed Lot 1; the western property line of Lot 55; the eastern property line of Lot 56; and, the western property line of lot 59). 15. Construct a decorative six foot wall along the southwestern boundary, northwestern boundary, and at the rear of proposed Lots 7 through 13 as depicted on Exhibit A for Conditional Use Permit Application No. C-05-107 dated November 30, 2005. 16. Outlot "A" on Exhibit A dated November 30, 2005 shall be used for private street purposes. 17. Outlots "B", "C" and "D" on Exhibit A dated November 30, 2005 shall be used for landscaping and recreational purposes only and shall be maintained by a homeowner's association. 18. Provide entry gates as shown on the original tentative tract map (see attached Exhibit A). The gates as shown on the revised Tentative Tract Map No. 5508/UGM dated November 30, 2005 are not acceptable. 19. Provide a "gated entry" detail to the City of Fresno Public Works and Fire Departments and Department of Public Utilities Department, Solid Waste Division for review and approval prior to submittal of the final map. 20. Provide a corner cut-off area at the intersection of the two proposed ingress/egress areas and East Church Avenue; and in accordance with Section 12-306-H-3-d of the FMC. Comer 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 Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 4 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, unless within a required homeowner's association. 21. 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. 22. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, proposed Outlots A, B, C and D and street furniture shall be the responsibility of the Homeowner's Association. 23. Maintenance of the required 15-foot landscape easement along East Church Avenue 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: 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 East Church Avenue; and the ten foot landscaping easement along the entrances of the subdivision. b. All streets, curbs and gutters, sidewalks, medians and street furniture as approved by the Public Works Department within the boundary of the map (i.e. East Church Avenue only). c. All curbs and gutters, sidewalks, medians, street furniture and street (to centerline) within East Church Avenue as approved by the Public Works Department along the map frontage. d. All street lights as approved by the Public Works Department within the boundary of the map (i.e. East Church Avenue only). 24. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of 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. Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 5 25. 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. 26. 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 27. Pursuant to Section 12-306.N-21 of the FMC (refers to Section 12-211.3-G), the Director of Planning and Development or Planning Commission may modify property development standards of the underlying zone district if determined that the proposed development conforms to the provisions of the above mentioned section. However, in no case shall the proposed parcels be less then the following minimum standards. Note that all proposed parcels must have a minimum lot area of 4,200 square feet. Building Setbacks 28. Front yard building setbacks shall be a minimum of 14, 15, 16, 17, 18, 19, and 20 feet, and must be staggered. Identical setbacks shall not be provided for more than two consecutive lots (i.e. each third lot will have a different front yard setback of at least one foot). 29. Garages shall be setback a minimum of 18-feet from the front property line subject to providing roll-up garage doors. Habitable space may be provided closer, subject to compliance with the condition above. 30. Side yard setbacks shall be five-feet for all interior lots. However, one side yard setback may be a minimum of three-feet provided that the other side yard is no less than five- feet. The five yard setback shall be adjacent to the garage. 31. Street side yards for all corner parcels shall be a minimum of eight feet. 32. Rear yard setbacks shall be a minimum of 15-feet. Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 6 33. Parcels less than 50 feet in width shall provide shared drive approaches and driveways, unless otherwise approved by the Planning and Development Department. Information 34. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school districts adopted schedule of fees. 35. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 36. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. 37. 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 FMC. 38. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 39. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriffs Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 40. 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. 41. 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. Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 7 42. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. 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. 43. 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. 44. 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 45. Comply with the memorandum from Ann Lillie of the Public Works Department dated November 3, 2005. Urban Growth Management Requirements 46. 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. Conditions of Approval Tentative Tract Map No. 55081UGM November 30, 2005 Page 8 FIRE SERVICE 47. This project is within three miles from Fire Station No. 8. 48. Provide residential hydrants and fire flows per Public Works Standards with two sources of water. 49. Comply with the memorandum from the Fire Department dated October 7, 2005. Urban Growth Management Requirements 50. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. This site is currently within a non-designated fee area. SOLID WASTE SERVICE 51. 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. 52. 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. 53. 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. 54. Provide a minimum of 44 foot turning radius at all corners. 55. Comply with the memorandum from the Solid Waste Division Date November 1, 2005. Note that entrances/exits gates must provide a minimum clearance of 18 feet on side. STREETS AND RIGHTS-OF-WAY 56. 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. 57. 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 Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 9 satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 58. 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). 59. 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. 60. 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. 61. 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. 62. 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. 63. Comply with the memorandum from the Public Works Department, Engineering Division dated October 26, 2005. General Conditions 64. Provide handicap access ramps at all corners within the limits of this subdivision. 65. Underground all existing offsite overhead utilities with the limits of this map in accordance with FMC Section 12-1011, 8-801 and Resolution No. 78-522/88-229. Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 10 66. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, prior to submittal of street plans. 67. Submit the following plans, as applicable, in a single package, to the Public Works Department for review and approval: Street Construction, Signing, Striping, Traffic Signal, Streetlight, Landscape and Irrigation. FRONTAGE IMPROVEMENT REQUIREMENTS: East Church Avenue: Collector Street 68. Dedicate 47 feet of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. Transition paving from 47-feet right-of-way to the existing 42-feet. 69. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10-foot residential pattern. 70. Construct 20 feet of permanent paving within the limits of this subdivision. 71. 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. 72. Relinquish direct vehicular access rights to East Church Avenue from all lots within this subdivision. Interior Streets 73. Outlot A shall be used for private street purposes. Specific Mitigation Requirements: 74. This tract will generate 90 a.m. / 120 p.m. peak hour trips, therefore, a Traffic Impact Study (TIS) is required to comply with the mitigation measure requirements of the 2025 General Plan circulation element. 75. The first order of work shall include a minimum of two points of vehicular access to the major street for any phase of this development. 76. Provide a detail identifying the clearance for backing out of garages. 77. Revise handicap ramps to Public Work Standard P-29. 78. Pedestrian easements are required. Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 11 79. Identify full off-site improvements, dedications, etc. on the site plan for Conditional Use Permit Application No. C-05-107. 80. Revise map to read "Indicates private streets" Urban Growth Management Requirements 81. This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM fees. South Peach Avenue: Arterial 82. Dedicate and construct two 17 foot center section travel lanes with 250-feet left turn lanes, at all major intersections within the limits of this subdivision. An additional six-feet of paving shall be required adjacent to the 250-feet left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on 45 mph design speed. 83. Design and construct two major street bridge(s) (36) and (37) at the intersection(s) of South Peach and the Central No. 23 Canal and at East Church and the Central No. 23 Canal. Public Works will apply this requirement to a minimum of four 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 prior to close out of this subdivision or at such time that the City Engineer deems necessary, whichever is earlier. 84. Comply with Public Works, Engineering Division's memorandum dated October 26, 2005. SANITARY SEWER SERVICE 85. Comply with the Department of Public Utilities, Planning and Engineering Division's memorandum dated November 3, 2005. WATER REQUIREMENTS 86. Comply with the Department of Public Utilities, Planning and Engineering Division's memorandum dated November 3, 2005, and with the Department of Public Utilities, Water Division's memorandum dated October 14, 2005. URBAN GROWTH MANAGEMENT REQUIREMENTS(GENERAL) 87. 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 tentative tract maps. Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 12 88. 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 89. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 90. 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. 91. 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. 92. 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. 93. 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 94. 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 October 26, 2005. 95. 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 Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 13 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 96. The Fresno Irrigation District does not own, operate nor maintain any facilities on the subject property. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 97. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated October 11, 2005. COUNTY OF FRESNO, DEPARTMENT OF COMMUNITY HEALTH 98. The developer/owner shall comply with the requirements in the letter from the County of Fresno, Department of Community Health dated October 17, 2005. PACIFIC GAS AND ELECTRIC COMPANY 99. The developer/owner shall comply with the requirements in the letter from the PG&E Company dated October 14, 2005. CALTRANS 100. Consider the letters from Caltrans dated October 11, 2005. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: 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 Chargee N/A Service Area: e. Wastewater Facilities Charge* $2,119/living unit f. House Branch Sewer Chargee N/A Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 14 WATER CONNECTION CHARGES FEE RATE g. 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. h. Frontage Charge* $6.50/lineal foot i. Transmission Grid Main Charge* $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt Service Charge $243/gross acre (parcels 5 gross acres or more) k. UGM Water Supply Feew Service Area: 501 s $582/living unit I. Well Head Treatment Feew $238/living unit Service Area: 501 m. Recharge Feew $75/living unit Service Area: 501 n. 1994 Bond Debt Service* $244/living unit Service Area: 501 DEVELOPMENT IMPACT FEE FEE RATE o. Fire Impact Fee- Citywide* $539/living unit p. Park Facility Impact Fee- Citywide* $3,398/living unit q. `Quimby Parkland Dedication Fee-6 $1,120/living unit r. Police Facilities Impact Fee- Citywide-6 $624/living unit s. Traffic Signal Charge-6 $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE t. Major Street Charge- $3161/adj. acre Service Area: D-1/E-2 Conditions of Approval Tentative Tract Map No. 5508/UGM November 30, 2005 Page 15 u. Major Street Bridge Charge* $304/adj. acre Service Area: D-1/E-2 v. UGM Grade Separation Fee* N/A Service Area: w. Street Acquisition/Construction Charger N/A Notes: 'This amount if paid is creditable against the Park Facility Impact Fee. 46 Due at time of development .6 Deferrable through Fee Deferral Covenant. v Due at time of subdivision. KAMaster Files-Tract Maps\Tract 5508 Amoldo Rodriguez(R-0531,C-05.107rCOA-T-5508 Nov.30,2005.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEMBER 30, 2005 CONDITIONAL USE PERMIT APPLICATION NO. C-05-107 PART A- PROJECT INFORMATION 1. Assessor's Parcel No: 481-070-03, 481-070-04, 481-070-22 2. Zone Map No: 2254 3. Job Address: Tentative Tract Map No. T-5508/UGM and Rezone Application No. R-05-31 4. Street Location: North side of East Church Avenue, between South Chestnut and South Willow Avenues 5. Existing Zoning: AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management)zone districts 6. Proposed Zoning: R-1/UGM(Single Family Residential/Urban Growth Management) per Rezone Application No. R-05-31 7. Planned Land Use: Medium density residential 8. Plan Areas: Roosevelt Community Plan 9. Project Description: Proposal to create a planned development,which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks,and common open space for 112 lots of Tentative Tract Map No. 5508/UGM. PART B -GENERAL CONDITIONS AND REQUIREMENTS The Planning Commission on November 30,2005,approved the special permit application subject to the enclosed list of conditions and Exhibit A dated November 30, 2005. An environmental assessment/initial study was conducted and resulted in a Finding of Conformity, dated November 10, 2005. The Finding of Conformity was been published in the Fresno Bee commencing a 20-day public review and comment period on November 10, 2005. The expiration date for the comment period is November 30, 2005 Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 2 IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies,those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code (FMC) Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Director within 15 days. In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval, you may do so by filing a written appeal with the Director. The appeal shall include a statement of your interest in or relationship to the subject property,the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Your appeal must be filed by December 15, 2005. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 3 No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes,etc.,shown on all original site plan exhibits(dated November 30,2005)to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by November 30, 2009 (four years from the date of Planning Commission approval). There is no exception. To complete the back-check process for building permit relative to planning and zoning issues, submit eight copies of this corrected,final site plan, together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Current Planning Section,for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped,corrected,approved exhibits in the plan check sets. Contact Arnoldo Rodriguez at (559) 621-8633 or via e-mail at Arnoldo.Rodriguez@fresno.gov to schedule an appointment. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1),the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information,for which this review process is dependent,will be imposed whenever such conditions are disclosed. Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 4 Questions relating to dedications, street improvements or off-street parking lot geometrics may be directed to David Padilla at(559)621-8798 or Greg Jenness at(559)621-8812 of the Public Works Department, Engineering Division. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights of way. b) Provide a minimum 4 foot wide path of travel along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements can not be met within the existing public rights of way. c) Deed documents for the required property dedications shall be prepared by the applicant's engineer and submitted to the Public works Department, Engineering Division, Special Districts / Projects and Right-of -Way Section with verification of ownership E!2E to issuance of building permits. Deed documents must conform to the format specified by the city. Document format specifications may be obtained from the Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, or by calling (559)621-8694. d) The construction of any overhead, surface or sub-surface and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the Public Works Department, Engineering Division,Special Districts/Projects and Rights-of- Way Section. Encroachment permits must be approvednp iorto the issuance of building permits. Please call (559)621-8693 for additional information. STREET IMPROVEMENTS All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division, prior to commencement of the work. All required street improvements must be completed and accepted by the City prior to occupancy. For additional information you may call (559)621-8686. e) Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division. For additional information you may call (559) 621-5500. f) Install sidewalk and concrete approaches to City Standard Specifications within all street frontages. Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 5 g) Install streetlights along all street frontages in accordance with City Standards. Plans must be prepared by a registered Civil Engineer and must be approved by the Public Works Department Engineering Division prior to installation. h) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. i) Provide parkway landscaping. Street trees shall be planted every 60 feet on center. Plans shall be prepared by a landscape architect. j) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. For additional information you may call (559) 621-8682. GATED ENTRY k) Submit a detailed gated entry design to Public Works and Fire Departments and the Department of Public Utilities, Solid Waste Division for approval. This includes any required or proposed on-site gates that restrict vehicular access. SURVEY MONUMENTS AND PARCEL CONFIGURATION 1) Existing survey monuments shall be preserved and if disturbed, shall be reset by a person licensed to practice land surveying in the State of California. SITE PLAN m) Exhibit A dated November 30,2005 for Conditional Use Permit Application No.C-05-107 shall be modified and resubmitted for review and approval in accordance with the memorandum from the Public Works Department, Traffic Engineering Division dated October 26, 2005. URBAN GROWTH MANAGEMENT MAJOR STREET REQUIREMENTS The project site is located within the Major Street Zone D-1/E-2, Urban Growth Management(UGM) area. Pay all fees at the time of issuance of building permits. The UGM Fee obligations for this development will be calculated during the building plan check process. Building permits can not be issued until the UGM requirements have been satisfied. PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) 2025 Fresno General Plan Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 6 ii) Roosevelt Community Plan iii) Planned Development(Section 12-306-N-21 of the FMC) iv) Medium density residential planned land use 2) ZONING a) Development is proposed in accordance with the proposed R-1/UGM (Single Family Residential/Urban Growth Management)zone district. Approval of the CUP is contingent upon approval of Rezone Application No. R-05-31 and Tentative Tract Map No.5508/UGM. 3) POPULATION DENSITY(Residential Proiects) a) Contingent upon approval of Rezone Application No. R-05-31 and the medium density residential planned land use designation, the subject property shall not be developed with more than 4.99 to 10.97 units per acre or parcels less than 4,200 square feet in lot area per Section 12-306-N-21 of the FMC. b) Exhibit A dated November 30,2005 shall be resubmitted and shall clearly depict the parcel size for each proposed lot. 4) BUILDING HEIGHT a) The maximum allowable building height is 30 feet per Section 12-211.5-D. The proposal is within the required height. b) EXCEPTIONS: Overheight structure may be approved by the City Planning Commission. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. 5) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING a) Garages shall be setback a minimum of 18-feet from the front property line subject to providing roll-up garage doors. Habitable space may be provided closer, subject to compliance with the condition below. b) Front yard building setbacks shall be a minimum of 14, 15, 16, 17, 18, 19, and 20 feet, and must be staggered. Identical setbacks shall not be provided for more than two consecutive lots (i.e. each third lot will have a different front yard setback of at least one foot). c) Side yard setbacks shall be five-feet for all interior lots. However, one side yard setback may be a minimum of three-feet provided that the other side yard is no less than five-feet. The five yard setback shall be adjacent to the garage. d) Street side yards for all comer parcels shall be a minimum of eight feet. e) Rear yard setbacks shall be a minimum of 15-feet. Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 7 f) Parcels less than 50 feet in width shall provide shared drive approaches and driveways, unless otherwise approved by the Planning and Development Department. g) Resubmit Exhibit A inclusive of the conditions listed above. h) Clearly identify the uses for all outlots (common open space, street, etc.). Note that all outlots are subject to review and approval by the responsible agency. Clearly depict all streets, including all improvements. i) The following outlots shall be landscaped and maintained by the homeowner's association: i) Outlots B, C, D (on map dated November 30, 2005). ii) Outlot A is proposed for private street purposes and shall be maintained by the homeowner's association. j) Pursuant to Policy 1-5.8 of the Roosevelt Community Plan the developer/owner shall provide a 15-foot landscape easement(and irrigation system)along the property lines of lots which back-onto East Church Avenue. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. k) Provide a ten foot landscape easement along the eastern property line of proposed Lot 1; the western property line of Lot 55; the eastern property line of Lot 56; and, the western property line of lot 59. In addition, provide a six foot, decorative solid masonry wall and corner cut-off at the rear of the required landscape easement (i.e. eastern property line of proposed Lot 1;the western property line of Lot 55;the eastern property line of Lot 56;and, the western property line of lot 59). 1) Construct a decorative six foot wall along the southwestern boundary, northwestern boundary, and at the rear of proposed Lots 7 through 13 as depicted on Exhibit A for Conditional Use Permit Application No. C-05-107 dated November 30, 2005. m) The property owner/developer shall create a homeowner's association for the maintenance of the landscape areas and proposed private streets, utilities and walls/gates (all Outlots within the planned development). The proposed Declaration of Covenants,Conditions,and Restrictions (CC&R's)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&R's dated January 11, 1985. n) The number of trees will be determined by the following formula: Section 12-306-N-24-G-3 of the FMC requires one medium sized tree (30 — 60 feet at maturity)for each parking space, plus one medium sized tree for each residential unit. Two small trees (15-30 feet at maturity)shall be counted as one medium-sized tree. o) Trees shall be maintained in good health. However,trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 8 the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Include this note on the landscape plan.) p) Submit landscaping plans to the Planning & Development for review and approval. q) Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Planning Division.(Include this note on the landscape plan.) r) Prior to final inspection,a written certification,signed by a landscape professional approved by the Director, shall be submitted stating that the required landscaping and irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Planning Division, Development Department. (include this note on the landscape plan.) s) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. Mechanical equipment must be screened. t) No structures of any kind (including signs, call boxes, site maps, directional signs, etc. unless permitted by Section 12-212.5-K-2 of the FMC)maybe installed or maintained within the above-landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device),etc.,are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers,etc.,shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. (include this note on the site plan.) 7) FENCES, HEDGES, AND WALLS a) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind,vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard,which may occur as a result of improper fence installation or damage to the fence. b) Only those fences as shown on the site plan shall be reviewed for approval. c) Submit a rendering depicting the fence height, design and color for review and approval. d) Provide a six foot high concrete block wall at the rear of the landscape areas along East Church Avenue. Depict and label on Exhibit A. e) Provide a six foot,decorative solid masonry wall and corner cut-off at the rear of the required landscape easement(i.e.eastern property line of proposed Lot 1;the western property line of Lot 55; the eastern property line of Lot 56; and, the western property line of lot 59). f) Construct a decorative six foot wall along the southwestern boundary, northwestern boundary, and at the rear of proposed Lots 7 through 13 as depicted on Exhibit A for Conditional Use Permit Application No. C-05-107 dated November 30, 2005. Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 9 8) ACCESS a) Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for Tentative Tract Map No. T-5508/UGM dated November 30, 2005. b) Install stamped concrete, paving stones, brick, flagstone, or other contrasting paving material to clearly demarcate the three intersections at the street that travels along eastern property line as depicted on Exhibit A dated November 30, 2005 for Conditional Use Permit application No. C-05-107, the Ione four-way intersection within the boundaries of the subdivision, and at the two entrances to the subdivision from East Church Avenue. Identify material on Exhibit A (of the CUP). Note that painted lines and/or speed bumps are not acceptable. Said contrasting paving material are intended to act as traffic calming devices, without providing speed bumps. 9) COVENANTS AND AGREEMENTS a) The covenants, conditions, and restrictions for the owner's association shall comply with Section 12-1026 of the Fresno Municipal Code. b) Provide a cross access agreement for shared drive-approaches. 10)OUTDOOR ADVERTISING a) Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. Note that all signs, including directional signs, must be located outside of the required landscape setbacks. b) Signs must comply with Sections 12-212.5K-2 and 12-207.5-J-1, 2, 3 and 4 of the FMC. c) Free-standing permanent signs identifying the development are subject to the following conditions: d) The number of such signs shall be limited to two single-faced or one double-faced sign for each major entrance from a public street, or one single-faced sign for each street frontage for multiple-family developments which have no entrances from a public street. e) No such sign may have an area greater than forty square feet. f) Such signs may be located at the entrance to the development or within any required front or street side yard landscaped setback, if the sign height is five feet or less and the sign is set back at least five feet from any street property line. The provisions of Section 12-306-N-9 of the FMC shall apply to any signs placed within a utility or landscape easement. Signs may be placed flush against a solid masonry or wood fence/wall, provided that the copy area of each sign does not exceed thirty-two square feet and that no portion extends above the fence or wall. Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30,2005 Page 10 g) Free-standing signs placed behind any landscaped setbacks may not exceed ten feet in height. h) Signs may not be internally illuminated but may be floodlighted, provided floodlights do not cast direct light on adjoining streets or properties. i) Permanent signs with a maximum area of four square feet and a height of five feet,directing residents or visitors to parking areas or the rental office, may be installed without issuance of a sign permit. j) Permanent directories with a maximum area of twenty-four square feet and a height of six feet, showing the locations of individual units, may be installed for multiple-family developments having an area of one-half acre or more.Any such directory under six square feet in area or required as a condition of approval of a special permit for the development shall be exempt from issuance of a sign permit. k) Clearly depict and label any proposed and future signs on exhibit. Should any signs be proposed under this conditional use permit application, provide their height, location and area. 11)BUILDING ELEVATIONS a) All houses in the subject planned development shall be subject to review an approval by the Planning and Development Department in accordance with these conditions. b) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. Roof mounted mechanical equipment shall be recessed and shall not be visible from the public right-of-way or shall be placed on the ground outside of required yards. c) Pursuant to Policy numbers C-20-f,C-21-a,C-21-b,and C-21-C of the 2025 General Plan,all proposed buildings shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless"blank"walls. This may be accomplished by varying the building footprint with indentations, projections, offsets, different building materials, or adding polyfoarn with a stucco finish to add visual interest and to break up monotonous walls. Submit elevations inclusive of modifications for review and approval. PART E -CITY AND OTHER SERVICES 12)FIRE PROTECTION REQUIREMENTS a) Comply with the requirements of the attached Fire Department memorandum dated October 7, 2005. 13)TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS a) Comply with the requirements of the attached Public Works memorandum, dated October 26, 2005. Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 11 14)SOLID WASTE COLLECTION a) Comply with the attached Solid Waste Management memorandum dated November 1,2005. b) The subject site shall be serviced by the City of Fresno,Public Utilities,Solid Waste Division. 15)SANITARY SEWER SERVICE a) Comply with the Department of Public Utilities, Planning and Engineering Division's memorandum dated November 3, 2005. 16)WATER REQUIREMENTS a) Comply with the Department of Public Utilities, Planning and Engineering Division's memorandum dated November 3, 2005, and with the Department of Public Utilities,Water Division's memorandum dated October 14, 2005. 17)HEALTH PROTECTION REQUIREMENTS a) Comply with the requirements of the County of Fresno Department of Health,dated October 17, 2005. 18)FRESNO METROPOLITAN FLOOD CONTROL DISTRICT(FMFCD) a) Comply with the attached FMFCD memorandum, dated October 26, 2005. 19)SCHOOL FEES a) School fees must be paid prior to issuance of building permits. (Contact Fresno Unified School District.) Provide proof of payment(or no fee required)prior to issuance of building permits. 20)SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT a) Comply with the attached San Joaquin Valley Air Pollution Control District memorandum, dated October 11, 2005. 21)DEPARTMENT OF PUBLIC WORKS, STREET TREES DIVISION a) Comply with the attached Department of Public Works,Street Tree Division memorandum, dated November 3, 2005 22)PACIFIC GAS AND ELECTRIC COMPANY a) The developer/owner shall comply with the requirements in the letters from the Pacific Gas and Electric (PG&E) Company dated October 14, 2005. Conditions of Project Approval Conditional Use Permit Application No. C-05-107 November 30, 2005 Page 12 23)CALTRANS a) Consider the letter from Caltrans dated October 11, 2005. PART F - MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1) Include a color and material schedule on the site plan, as well as on the elevations, for the exterior of all buildings and structures, including the proposed maintenance room. 2) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.) 3) If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted,and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.) 4) If animal fossils are uncovered,the Museum of Paleontology, U.C.Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and, if the paleontologist determines the material to be significant,it shall be preserved.(Include this note on the site plan.) All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. KANIaster Files-Tract Maps%Tract 5508 Amoldo Rodriguez(R-0531,C-05-107)\COA C-05-107 Nov.30,2005.doe File No.210.413 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning� Manager PLEASANT VALLEY INVESTMENTS,LC Planning & Development Department 7675 N. INGRAM AVE., SUITE 104 C City of Fresno FRESNO,CA 93711 2600 Fresno Street - Ma Fresno, CA 93721 PROJECT NO. 2005-107 PRELIMINARY FEE(S) (See below) DRAINAGE AREA BF - DRAINAGE AREA BF $82,235.00 DATE DRAINAGE AREA APN 481-070-03,04 & 22 TOTAL FEE $82,235.00 ADDRESS N/S CHURCH E/S CHESTNUT AVE. The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in O 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 O issuance of a building permit at the rates in effect at the time of such issuance. The fee O indicated above is valid through February 28, 20 06 based on the site plan submitted to the District on 10/07/05 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: j a) Fees related to undeveloped or phased portions of the project may be deferrable. O 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. 2005-107 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Q 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 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 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.) 2005.107 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 X Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. Does not appear to be located within a flood prone area. 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. Z a. O 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 Z and must pay a permit fee to the State Water Resources Control Board (State Board), O develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance, and complete an annual certification of compliance. , O b. State General Permit for Storm Water Discharges Associated with Industrial Activities, y April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 2005.107 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. See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lake-m,' Proje t E gineer: Mit i M. Molina District Engineer C: PRECISION 7690 N. PALM AVE., SUITE 104 FRESNO, CA 93711 2005-107 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: I ____———J THIS DRAWING IS SCHEMATIC, ——————————— DISTANCES ARE APPROXIMATE. I I III I I I I I III I l I U ji��I I - .. 2 II , °°5•, °7 DI ZI WI I I I I r^ Temporary fnlet _ E. ToBe.Removed, AVE. �A CHURCH 4 z 24• LEGEND ♦ Master Plan Facilities To Be Constructed By Developer- Inlet& Lateral. C]—— Existing Master Plan Facilities Direction Of Drainage —————— Inlet Boundary SCALE V=300' • Existing Temporary Inlet TRACT 5508 CUP 2005- 107 DRAINAGE AREA:"BY' • EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT MOM Br.RC DATE 1OH30 K 107.0" REVmor.. — DATE — OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. A minimum fifteen-foot (15) wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Our records indicate that there is not continuous existing curb and gutter to convey runoff to the Master Plan inlet located approximately 800' east of Chesnut Avenue on Church Avenue. The Developer shall be required to provide documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location. Development No. CUP 2005-107 engr\permit\exhibits2\city-cup\2005-107(mm) File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro,Planning Manager PLEASANT VALLEY INVESTMENTS,LC Planning& Development Department 7675 N. INGRAM AVE., SUITE 104 City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5508 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " BF " " - " DRAINAGE AREA " BF " $82,235.00 DATE DRAINAGE AREA " - " _ TOTAL FEE $82,235.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District O 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: 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. 5508 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 AL-2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. S. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessating appropriate floodplain management action. (See attached Floodplain Policy.) 5508 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 X Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. 04 Does not appear to be located within a flood prone area. 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. Z State General Permit for Storm Water Discharges Associated with Construction O 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 Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees O in permit compliance, and complete an annual certification of compliance. .C* b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking, recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non- storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5508 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 wx Secretary of the District within ten days of the date of this Notice of Requirements. 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. era E. La an, Proje En eer: Mitzi M. Molina District Engineer C: PRECISION 7690 N. PALM AVE., SUITE 104 FRESNO, CA 93711 ttos 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document y I I I I I NOTE: I W ___— —-- THIS DRAWING IS SCHEMATIC, ————————— DISTANCES ARE APPROXIMATE. _ I I I I I I II IIS I WI >I QI I 4"R I _ — K --- P 206%_1 ' I CT F- DI Hi I k =I I0or �w � I UL I I I f I I te raty Inlet I -------___-- h.F :To Be Removed ,AVE. y ,I CHURCHr_`z — = a 2 za� -- ------ � � � ----- —— -- --- ----- LEGEND Master Plan Facilities To Be Constructed By Developer- Inlet& Lateral. ❑--— Existing Master Plan Facilities Direction Of Drainage 40 —————— Inlet Boundary SCALE 1"=300' ® Existing Temporary Inlet TRACT 5508 CUP 2005- 107 DRAINAGE AREA:'BF" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT WAYM BY: RC CAIE: ,ansa! — REVISED er. — atE OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. A minimum fifteen-foot (15) wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Our records indicate that there is not continuous existing curb and gutter to convey runoff to the Master Plan inlet located approximately 800' east of Chesnut Avenue on Church Avenue. The Developer shall be required to provide documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location. Development No. Tract 5508 engr\permit\exhibits2\tract\5508(mm) Pacific Gas and & Electric Company® Corporate Real Estate 650"0"Street,Bag 23 South Valley Land Services Fresno,CA 93760.0001 October 14, 2005 Development Department Engineering Services Division i Land Division Section DEVELOP-,-NIT DEPARTMENT 2600 Fresno Street, Room 3043 CITYOF FRESNO Fresno, CA. 93721-3604 Attn: Arnold Rodgriguez Dear Arnold Rodgriguez, We have reviewed Tentative Tract Map No. 5508. OUR FILE. Sanger-California Ave 70 KV Thank you for the opportunity to review the Tentative Tract Map No. 5508. Pacific Gas and Electric Company (PG&E) owns and operates an electric transmission line located within the proposed project's boundaries. To promote.the safe and reliable maintenance and operation of utility facilities, the California Public Utilities Commission (CPUC) has mandated specific clearance requirements between utility facilities and surrounding objects or construction activities. To ensure compliance with these standards, project proponents should coordinate with PG&E early in the development of their project plans. Any proposed development plans should provide for unrestricted utility access and prevent easement encroachments that might impair the safe and reliable maintenance and operation of PG&E's facilities. Some examples of activities that could have an impact upon our facilities include permanent/temporafy changes in grade under our facilities; construction of structures within or adjacent to PG&E's easements; and planting of certain types of vegetation under our electric facilities. Developers will be responsible for the costs associated with the relocation of existing PG&E facilities to accommodate their proposed development. Because facility relocation's require long lead times and are not always feasible, developers should be encouraged to consult with PG&E as early in their planning stages as possible. Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In addition to adding new distribution feeders, the range of electric system improvements needed to accommodate growth may include upgrading.existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capacity, and building new substations and interconnecting transmission lines. Comparable upgrades or additions needed to accommodate additional load on the gas system could include facilities such as regulator stations, odorizer stations, valve lots, distribution and transmission lines. PG&E remains committed to working with the City of Fresno to provide timely, reliable and cost effective gas and electric service. Please contact me at 263-5167 if you have any questions regarding our comments. We would also appreciate being copied on future correspondence regarding this development. Sincerely, elePatftl�� en Land Agent San Joaquin Valley Air Pollution Control District October 11, 2005Reference No. C200501329 City of Fresno PLANNIG DIVISION/Development Dept. Attn: Arnoldo Rodriguez 2600 Fresno Street Fresno, CA 93721-3604 Subject: T-5508, R-05-31, C-05-107—M.E. Radin, Limited Partnership (APN:481-070-03, 04, 22) Dear Mr. Rodriguez: 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). 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. This project may be subject to additional District Rules. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demolition activities, road construction, bulk materials storage, paved and unpaved --ads, Gari yout and l -ckouf, ;aridfiil operations, Etc. if a residential project is 10.0 or i i ioi a acres in i area or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials on at least three days, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. The District's compliance assistance bulletin for construction sites can be found at: http://www.valleyair.org/busind/comply/PM10/Req%20V111%20CAB.pdf. A template of the District's Dust Control Plan is available at: http://www.valleyair.org/busind/complv/PM1 0/form s/DC P-Form%2 0-%2010-14-2 004.pdf Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) regulates the use of open burning and specifies the types of materials which may be open burned. Agricultural material shall not be burned when the land use is converting from agriculture to non-agricultural purposes (e.g., commercial, industrial, institutional, or residential uses). Section 5.1 of this rule prohibits the burning of trees and other vegetative (non-agricultural) material whenever the land is being developed for non-agricultural purposes. In the event that the project applicant burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Mr. Rodriguez October 11, 2005 T-5508, R-05-31, C-05-107 Page 2 Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per-acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.vallevair.org. For compliance assistance, please contact Mr.Wayne Clarke, Air Quality Compliance Manager, at 230-5968. Rule 4902 (Residential Water Heaters) limits emission of NOx from residential developments. The District encourages innovation in measures to reduce air quality impacts. There are a number of features that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The suggestions listed below should not be considered all-inclusive and remain options that land-use authority should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Also, large canopy shade trees should be planted adjacent to all sidewalks thirty foot on center and at a ratio of one tree for each five parking spaces. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see htti)://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.org For Urban Forestry see http://www.coolcommunities.orq http://wcufre.ucdavis.edu http://www.lgc.org/bookstore/energy/downloads/siv treeguidelines.pdf • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Direct pedestrian access to the main entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Such access should consist of paved walkways or ramps and should be physically separated from parking areas and vehicle access routes. Mr. Rodriguez October 11, 2005 T-5508, R-05-31, C-05-107 Page 3 • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment-for all potential users (pedestrian, bicycle and disabled)from obstacles and automobiles_ Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. • As many energy-conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E) - Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at http://www.agmd.-gov/business/brochures/zerovoc.html - High-albedo (reflecting) roofing material. See htti)://eetd.Ibl.gov/coolroof/ - Energy efficient lighting, appliances, heating and cooling systems. See htti)://www.energystar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Install geothermal heat pump system(s) - Programmable thermostat(s)for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (naturai lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.adyancedbuildings.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.) - More information can be found at: http://www.lgc.org, http://www.sustainable.doeago /, http://www.consumerenergvicenter.org/index.htmi, htti)://www.ciwmb.ca.gov/GreenBuilding/ The applicant should implement measures to reduce the amount of vehicle traffic to and from the residential area(s) that further reduce air pollution in the valley. This could include providing an information center for residents to coordinate carpooling. Check out the"Spare the Air' section of our website www.vallevair.org Mr. Rodriguez October 11,2005 T-5508,R-05-31, C-05-107 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/, http://www.eneray.ca.gov/renewables/ • Construction activity mitigation measures include: Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - 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) - Apply idling time limits or require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. - 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 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 CARB, see their certification website http://www.arb.ca.gov/msprog/offroad/cerUcert.php. For more information on alternative fuel engines, please call Mr. Chris Acree, Senior 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 CARB), or be re-powered with an engine that meets this standard. Tier I and Tier II engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the CARB, see http://www.arb.ca4ov/mspreaioffroad/cer`Jcert.ph;,. 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)230-5820 and provide the reference number at the top of this letter. Sincerely, ector R. G a Senior Air ality Planner Central Region HRGcxt Enclosures San Joaquin valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 2004. This is a basic summary of the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20% means dust that would obstruct an observer's view of an object by 20% District inspectors are state certified to evaluate visible emissions. . Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. Soil Stabilization is required at regulated construction sites after normal 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.Jrackout 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 donstruction 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 v A j f E v Y G C C O Y O � F O F N � A ^ h L LO ^V L �C-n d F- > a) O a) Q m > c Q) L m to N Ql + U) o o CL. r' (A 0 UD y T Lcc C+ra 1 I I { 11 I a Y N Mr +'I co E C C O'_ O 'D C 7 O O H 1 m D -0 m cS `o 'w a>> { < h o- IIIA OC O L O c p L cu- ,y' a) o a) a) (n a) N 4)-p a) m a) m Y a) `� r = a) i (n t y'E?, � cCL a3 � r wub �� o ��� s N i p + c p rj o +� Co N L o — N o 0 0 o ami c 3 c +u c 2 m 0 > m m a c a m a m a 3' p O N (O a+ +' m � N N O L N Q) N y m c m m O U s m = O L o ai m m m 4 G ( N .CCU- -. C L C 'O r +,, L }�� d O 7 L N N C Y Q) 00 7 L O C UD., yq, '"B"M N c m c y N o •t310Y z• � . NA a 3 y O 0 C C c m O. C Q) M O N Q) Q) 3 m Q) > y ,;, Q) Y O. m' U y u3 U +� >,Y O N L p 2 �"+ Q) m N c >,L N O UD O �' m +' m L O c m .0 m p � 7 L a) L ` .c 1''''{ d N O a N L a +� Li. O Nm Li. L ate+ m aL-, F-• lr+' y�j 7 j m . rV_J1 ^ 7 C E > Z a) O N N O C 3 0 • • • • 0 20 > O a) w Z m H :° c Co County of Fresno h DEPARTMENT OF PUBLIC WORKS AND PLANNING 1856 Alan Weaver, Director �ItE October 17, 2005 UE r-v L �rE City of Fresno, Development Department OCT 2 0 2005 Planning Division p ann;ng 01vQs'kon Land Division Section DeVE,!L 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 Attention: Arnold Rodriguez Dear Mr. Rodriguez: Subject: Tentative Map of Tract No. 5508/UGM, Rezoning Application No. R-05-31, and Conditional Use Permit No. C-05-107 Fresno County will need to review and approve the Grading and Drainage Plan to insure that the properties under the County's jurisdiction to the north are not adversely impacted by the increase in storm water runoff or alteration to the existing drainage patterns. Thank you for the opportunity to review this project. You can reach me at 262-4106 if you have any question regarding these comments. Sincerely, Frank L. Daniele, Interim Division Manager Maintenance and Operations Division Casey Ch ng, enior Engineer Developme Engineering Cc:cb G:\4510RdMainADev.Engineering\Tract No.5508 UGM Rezoning App.No.R-05-31.doc ROAD MAINTENANCE&OPERATIONS DIVISION 2220 Tulare Street,Sixth Floor/Fresno,California 93721/Phone(559)262-4240/FAX(559)262-4166 Equal Employment Opportunity a Affirmative Action•Disabled Employer �LAU QF CALIFORNIA—BUSINESS.TRANSPORT/ J AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO CA 93778-2616 _ PHONE (559)445-6666 U)C L V IE D Flex yourpower! FAX 559 488-4088 e Be ene TTY (559)488-4066 energy efficient! October 11, 2005 0 C T 1 2005 P!arininq Division 213 1-IGR/CEQA Deva opi-i tlil C,,, oartfnent 6-FRE-99-19.2+/- C-05-107, R-05-31 &T-5508 PLEASANT VALLEY INVESTMENTS LLC Mr. Arnoldo Rodriguez City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr.Rodriguez: We have reviewed the rezone, use permit, tract map, and Traffic Impact Study(TIS) for the 119-lot single-family residential subdivision located on the north side of East Church Avenue between South Chestnut and South Willow Avenues. Caltrans has the following comments: Caltrans concurs with the trip distribution/trip generation from the project's TIS. The revised TIS indicates that 12 trips from this site would impact the State Route (SR) 99 interchange at Jensen Avenue during the evening peak travel periods. None of these trips were identified as impacting the northbound off-ramp. As we have previously indicated,the northbound off-ramp to Jensen Avenue will likely require an additional turn-lane. The current estimated cost for this improvement is $265,900. Since the analysis indicates that no trips generated from this site would impact this ramp, Caltrans concludes that this project's impacts to State facilities would be negligible. However, when combined with other development in the area,this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. Cumulative impacts to these resources were not fully addressed in the General Plan Update Master EIR,but postponed to future studies. The City should consider a mechanism for evaluating and mitigating for these impacts. The City should consider a transit alternative for this project. When combined with other residential projects in the area,there is sufficient development to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX)staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. If you have any questions,please call me at(559)445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms.Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" City of FR -164\ PUBLIC WORKS DEPARTMENT: DATE: October 26, 2005 TO: Arnoldo Rodriquez, Supervising Planner Development Department, Planning Division THROUGH: Scott Mozier, 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-05-031 OWNER (S): M. E. Radin, Limited Partnership APN (S): 481-070-03, 04, 22 FROM: AE-20/UGM TO: R-1/UGM LOCATION: Church between Chestnut and Willow Comments/Concerns: 1. Trip Generation a. Existing: 10 Vehicle Trips per Day (VTD) b. Proposed: 1139 Vehicle Trips per Day (VTD) AM Total Peak: 90 Trips PM Total Peak: 120 Trips 2. Highway Capacity a. Church 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 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 one week prior to the planning commission hearing. 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. 3. Traffic Impact Study(TIS) required: Yes Page 1 of 2 CALouise\REZ0NE\R-05-031 CHURCH BTWN CHESTNUT&WILLOW.doc If yes, the Developer/Owner should consult with the City of Fresno Traffic Engineering Section for the scope of the Traffic Impact Study (TIS). A trip trace for the proposed project should be provided prior to consulting with the Traffic Engineering Section. The TIS shall identify the mitigation measures, which would mitigate the project and/or other related projects' significant impacts to a level of insignificance. Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b. Page 2of2 CALouise\REZ0NE\R-05-031 CHURCH BTWN CHESTNUT&WILLOW.doc City of C15CdL%IkI rnc- : DATE: October 26, 2005 TO: Arnold Rodriguez, Supervising Planner Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5508/C-05-107 Public Works Conditions of Approval (Church between Chestnut and Willow) The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Frontage Improvement Requirements: Major Streets: Church Avenue: Collector 1. Dedicate 47' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. Transition paving from 47' R/W to the existing 42'. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. Page 1 of 3 CALouise\TRACT MAPS\T-5508 CHURCH BTWN CHESTNUT&WILLOW.doc 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 5. Relinquish direct vehicular access rights to Church Avenue from all lots within this subdivision. Interior Streets: Private Note: Vehicles require 27' backup. Specific Mitigation Requirements: 1. This tract will generate 90 a.m. / 120 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is required and has been submitted. Comply with the mitigation measure requirements of the Traffic Engineering Manager once review is complete. 2. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 3. Entry: 1 week prior to Planning Commission Hearing, redesign entry to provide a minimum of 100 feet from the back of walk to the proposed gates and provide onsite turnaround. Contact Traffic Engineering for examples. 4. Entry and Emergency Access: Revise handicap ramps to P-29. 5. Tentative Tract Map: Revise note to read "Indicates private streets" Traffic Signal Mitigation Impact Fee: This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is $414.69 per single family unit, (fee rate as shown in the Master Fee Schedule). UGM Requirements: This Map is in UGM major street zone D-1/E-2; therefore pay all applicable UGM fees. Church Avenue: Collector 1. Dedicate and construct (2) 17' center section travel lanes with 250' left turn lanes, at all major intersections within the limits of this subdivision. An additional 6' of paving shall be required 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. 2. Design and construct(2) Major Street Bridge(s) (36) & (37) at the intersection(s) of Peach and the Central No 23 Canal and at Church and the Central No. 23 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 prior to close out of this subdivision or at such time that the City Engineer deems necessary, whichever is earlier. Page 2 of 3 CALouise\TRACT MAPSIT-5508 CHURCH BTWN CHESTNUT&WILLOW.doc City of 1e®1LWQMJ_4\1/11L rRC-M0FV11 J WATER DIVISION Date: October 14, 2005 To: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician/19;w— Department of Public Utilities, Water Division From: MICHAEL CARBAJAL, Senior Engineering Technicianc&V Department of Public Utilities, Water Division Subject: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5508/UGM The following conditions are required to provide water service to the tract. 1. 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 total of 500 gallons per minute. Well sites shall be of a size and at a location acceptable to the Water Systems Manager. The cost of acquiring the well site(s) and construction of the well(s) shall be reimbursed from the UGM Water Supply Well Service Area Fund 501s, in accordance with established UGM policies. 2. Water well construction shall include wellhead treatment facilities, if required. The cost for constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead Treatment Service Area Fund 501s, in accordance with established UGM policies. 3. Separate water services with meter boxes shall be provided to each lot created. 4. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 5. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 6. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. TAPROWNEMCondidons of Approva115508 101405.doc City of r-ff DEPARTMENT OF PUBLIC UTILITIES Date: November 3, 2005 To: ARNOLDO RODRIGUEZ, Supervising Planner Planning and Development Department From: DOUG HECKER, Supervising Engineering Technician& Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5508/UGM, C-05-170 AND R-05-31 General Tentative Tract Map No. 5508/UGM, Rezoning Application No. R-05-31 and Conditional Use Permit No. C-05-107, a 119-lot single-family residential gated private street planned development subdivision, rezoning from AE-20/UGM to R-1/UGM on 18.5 acres located on the north side of East Church Avenue between South Chestnut and South Willow Avenues. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements 1. On-site sewer facilities shall be private. Water Requirements 1. On-site water facilities shall be private or extend the Public Utility Easement and additional 5- feet beyond the proposed right-of-way. 2. Comply with attached City of Fresno Water Division memo, dated October 14, 2005, for water requirements for Tentative Tract 5508/UGM. Fresno sam uch City of '1II[► 2000 Department of Public Utilities Solid Waste Division 1325 E. EI Dorado • Fresno,California 93706-2014 (559)498-1452 November 1, 2005 TO: Arnoldo Rodriguez, Supervising Planner Planning and Development Department THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Provisional Management Analyst I \ Department of Public Utilities, Administration SUBJECT: TT 5508, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5508. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5508 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curb-line after 8:00 p.m. on the collection day. Special Conditions: • Solid Waste requires 18' of unobstructed clearance in the path the truck travels. • Provide 44' turning radius at all corners. TT 5508-Page I of 2 • Gates shall be placed at least 40' from the property line to prevent the solid waste vehicle from sticking out into the street while waiting to access the gate. Check the distance when the gate is fully opened. • Developer shall provide the Public Works standard of 40' curb face to curb face radius on both cul-de-sacs. Covenant Requirements: • There shall be no parking allowed in the cul-de-sacs on the solid waste service day. The following lots shall be clear of all vehicles by 6:00 a.m. Lots 59, 60, 61 and 62 on South Laureen Avenue Lots 65, 66, 67, 68, 69 and 70 on East Truman Avenue Frontage Concerns: • Solid waste containers are approximately 3'x3' and are required to be placed approximately 4' apart for service. Total frontage required is approximately 17'. Containers are not allowed to block any vehicle accesses. Project Phasing • If project is going to be developed in phases, all streets shall connect to one another or a temporary turnaround shall be provided. Turnaround shall be large enough to accommodate a solid waste vehicle that is 35' long with a turning radius of 44'. Turnaround shall be kept clear of all vehicles on the solid waste service day. TT 5508-Page 2 of 2 J:\Conditions of Approval_TT5508.wpd City of v����EDEPIIRT�f�P�� Fire Department 450 M Street Randy R. Bruegman Fresno, California 93721-3083 �0 Fire Chief 559-621-4000 FAX#559-498-4261 *O/SRVAO www.fresno.gov Date 10-7-05 TO: Amoldo Rodriguez, Supervising Planner Development Department, Planning Division FROM: Mike Schmidt, Supervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No. 5508 The Fire Department has completed a review of the Vesting Tentative Tract Map 5508, which was submitted by Precision Civil Eng. 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 3 miles of Fire Station No.8. This project is subject to UGM Fire service fees for undesignated areas. Provide residential hydrants and fire flows per Public Works standards with two sources of water. See C-05-107 for hydrant locations. Access is acceptable as shown. See C-05-107 requirements. Note: Phasing of tract will require re-review for access requirements. D E P A R T M E N T O F P U B L I C W O R K S TO: Amoldo Rodriquez, Supervising Planner Planning Division FROM: Ann Lillie,Senior Engineering Technician(559.621.8690) DATE: November 3,2005 SUBJECT: Tentative Subdivision Map T-5508 (Located north side of East Church between South Chestnut and Willow Avenues) The Department of Public Works has reviewed the Vesting Tentative Subdivision Map proposed by Pleasant Valley Investments,LC, on engineering plans prepared by Precision.dated June 23, 2005. The Department of Public Works offers the following comments regarding the Street Tree,Buffer/Parkway and Median Island Landscape conditions. GENERAL REQUIREMENTS STREET TREES REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and the dedication planting and buffer landscaping easements. Street trees shall be planted at the minimum 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 irrigation with bubblers 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 Church Avenue Cinnamomum camphora-Camphor 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting,the developer shall plant one tree for each 60'of street frontage,or one tree per lot having street frontage,whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno,Department of Public Works"Standard Specifications." c. Landscape Plans shall indicate street tree planting locations and species. Landscape Plans shall be reviewed and approved by the Department of Public Works,Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities,paid with final map,will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/engineering Services Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags,signs or identification of any kind shall be permitted in the right-of-way,within the City-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall be required to submit plans showing the location and configuration of all median islands fronting the proposed project for review and evaluation for median island landscaping requirements. Existing utilities, including, but not limited to city water lines/service points, sanitary sewer, storm drains, electrical lines,existing landscaping including trees,shrubs,ground cover beds,irrigation facilities,and other miscellaneous landscape features shall also be clearly defined. If new median islands are required to be constructed,median island landscaping is required and shall be applied in accordance with the City of Fresno standards and FMC section 12-306-24. The Public Works Department requires 2 foot wide colored concrete strips on all proposed median islands with a 12 inch by 12 inch slate pattern in brick red. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the CFD2. If the outlots are to be included into the CFD2, the Department of Public Works will require approving landscape and irrigation plans prior to inclusion into the CFD2. BIKE PATH 1. All proposed Multipurpose Paths shall be constructed in accordance with City requirements and standards. Cross-sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review and approval. Y 1 F�/,y .,r - ♦. ,11.. '�'.. `' OFFICES OF /! A. - PHONE(559)233-7181 = " '"� --r= FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water October 18, 2005 I L �_U, ,- ED) OCT 2 0 2005 Mr. Arnold RodriguezlanninQ D'V°"°n o s City of Fresno Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: TTM No. 5508, RA No. R-05-31 & CUP No. C-05-107 Dear Mr. Rodriguez: 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 bjohnson@u,fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I Agencies\City\TM5508 R-05-31 C-05-107 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO NOTICE OF DETERMIN/. ION E200510000543 QAT R CEI D FO ENDTO: Office of Planning and Research FROM: CITY OF FRESNO 1400 Tenth Street, Room 121 Planning and Development Dept Sacramento, California 95814 2600 Fresno Street X County Clerk Fresno, California 93721-3604 DEC 15 2005 County of Fresno 2221 Kern Street FRESNOFLIN CL,ZRK; , Fresno, California 93721 Subject: Filing of Notice of Determination in compliance with Section 21152 of the Public Resources Code. Rezone Application No. R-05-31,Tentative Tract Map No. 5508/UGM and Conditional Use Permit Application No. C-05-107 Project Title Planning and Development Department City of Fresno N/A Arnoldo Rodriquez, Planner (559)621-8633 State Clearinghouse Number Lead Agency Area Code/Telephone/Extension (If subject to Clearinghouse) Contact Person Approximately 18.85 gross acres of property located on the north side of East Church Avenue, between South Chestnut and South Willow Avenues, Fresno City and County. Project Location (include County) Project Description: Rezone Application No. R-05-31 proposes to reclassify approximately 18.85 acres of property from the AE-20/UGM(Exclusive Twenty Acre Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family ResidentiaUUrban Growth Management) zone district. Tentative Tract Map No.5508/UGM proposes to subdivide the property into a 112 lot,single family residential subdivision. Conditional Use Permit Application C-05-107 proposes a planned development, which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common open space for the subdivision. This is to advise that the City of Fresno, the Lead Agency, has approved the above-described project on December 13, 2005, and has made the following determinations regarding the above-described project: 1. The project( [ ]will [X]will not) have a significant effect on the environment. 2. [ ]An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. [ ]A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. [X]A determination of project conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130)was made. 3. Mitigation measures ( [X]were[ ]were not)made a condition of the approval of the project as related to MEIR No. 10130. 4. A statement of Overriding Considerations ( [ ]was [X]was not)adopted for this project. 5. Findings ( [ ]were [X]were not) made pursuant to the provisions of CEQA. This is to certify that the above-described Finding of Conformity to the 2025 Fresno General Plan with comments and responses and record of project approval is available to the general public at the City of Fresno,Planning and Development Department,2600 Fresno Street, Room 3043, Fresno, California 93721-3604. filbert J. HaroDate - ' ;� Planning Manager, City o resno I `-- == J 7 Attachments: De Minimis Finding . . JAN 1 820G6 Project Vicinity Map City of Fresno Environmental Assessment No. R-05-31/T-5508/C-05-107 KWASTER FILES-TRACT MAPS%TRACT 5508 ARNOLDO RODRIGUEZ(R-05.37,C-05.707)%EA STUFFWOD,T-5508,R-05-37,C-05-107.DOC CALIF_,-?`A DEPARTMENT OF FISF ' -7 GAME CERTIFICATE OF FEE EXEMPTION DE MINIMIS IMPACT FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-31/T-5508/C-05-107 LEAD AGENCY: City of Fresno, Planning and Development Department, 2600 Fresno Street, Fresno, California 93721 PROJECT TITLE AND LOCATION: Rezone Application No. R-05-31, Tentative Tract Map No. 5508/UGM and Conditional Use Permit Application No. C-05-107 Approximately 18.85 gross acres of property located on the north side of East Church Avenue, between South Chestnut and South Willow Avenues, Fresno City and County. PROJECT DESCRIPTION: Rezone Application No. R-05-31 proposes to reclassify approximately 18.85 acres of property from the AE-20/UGM (Exclusive Twenty Acre AgriculturallUrban Growth Management)zone district to the 1/UGM (Single Family ResidentiallUrban Growth Management)zone district. Tentative Tract Map No.550 rop�ses to subdivide the property into a 112 lot, single family residential subdivision. Conditional Ilse Permit Application C-05-107 proposes a planned development, which includes gates to restrict vehicular access, private streets, reduced lot sizes and setbacks, and common open space for the subdivision. FINDING OF EXEMPTION: Pursuant to the above-noted environmental assessment a determination of project conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), which incorporates a MEIR Mitigation Monitoring Checklist has been prepared by the lead agency for the proposed project. There is no evidence in the record that the proposed project may have an adverse effect on wildlife resources. "I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources,as defined in Section 711.4 of the Fish and Game Code." Gilbert J. Haro, Plan (n anager Planning Division Date: December 13, 2005 Section 711.4, Fish and Game Code KWASTER FILES-TRACT MAPS%TRACT 5508 ARNOLDO RODRIGUEZ(R-05-31,C 05-107)%EA STUFMEMINIMUS T-5508,R-05-31,C-05-107.DOC UJ UJ !k R 1 R 1a UJ PiE�, Z < �We FLORENCE 'MV Ap tir -0 T—P CH N" R Jp v EDNA LEGEND Subject Property U.G.M.Area VICINITY NIAP PLANNING & DEVELOPMENT DEPARTMENT VESTING TENTATIVE MAP OF TRACT NO. 5508 REZONE APPLICATION NO. R-05-031r A.P.N.: 481-070-03,04-22 From AE-20/UGM to R-1/UGM ZONE MAP: 2553 CONDITIONAL USE PERMIT NO. C-05-107 North of Church btwn Chestnut&Willow Aves. NOT TO SCALE BY/DATE: - J.S. 1 10-11-05 CITY OF FmE . 0 —ENVIRONMENTAL ASSESS. . / INITIAL STUDY FINDING OF CONFORMITY/MSIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resource Code Fw N (California Environmental Quality Act) the project described below is ZOQS - U determined to be within the scope of the Master Environmental Impact Report PSI S (MEIR) No. 10130 prepared for the 2025 Fresno General Plan CITY Rx,e,.Fp[LWW­, 60 Ct Initial study is on file in the Planning and Development Department, City Hall, l� �- 2600 Fresno Street, Fresno, California 93721 COUN4VZX_" (559) 621-8277 ny Applicant: Initial Study Prepared By: DEPUTY Pleasant Valley Investments, LLC Arnoldo Rodriguez, Supervising Planner 7675 N. Ingram Ave., Ste. 104 November 10, 2005 Fresno, CA 93711 Environmental Assessment Number: Project Location (including APN): Tentative Tract Map No. 5508, Rezone Application North side of East Church Avenue, between South No. R-05-31 and Conditional Use Permit Application Chestnut and South Willow Avenues No. C-05-107 (APN: 481-070-03, 481-070-04, 481-070-22) Project Description: Pleasant Valley Investments, LLC has filed Tentative Tract Map No. 5508, Rezone Application No. R-05-31 and Conditional Use Permit Application No. C-05-107, for approximately 18.85 gross acres of property located on the north side of E. Church Avenue, between S. Chestnut and S. Willow Avenues. The rezone application proposes to reclassify the site from the AE-20/UGM (Exclusive Twenty Acre Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The subdivision map proposes the development of a 112-lot (plus three outlots for open-space purposes) single family residential subdivision. The conditional use permit application proposes private streets, and reduced lots widths and setbacks. The subject property is within the jurisdiction of the Roosevelt Community Plan and the 2025 Fresno General Plan which designate the property for medium density residential planned land uses. Conformance to Master Environmental Impact Report(MEIR NO. 10130): The recently adopted 2025 Fresno General Plan and the Roosevelt Community Plan designate the subject parcel for medium density residential planned land uses. In addition, the proposed R-1/UGM (Single Family . Residential/Urban Growth Management) zone district, conforms to the existing medium density residential planned land use designation as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District Consistency Matrix" as well as the adopted Roosevelt Community Plan. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed reorganization in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed for development in the future with residential uses at an intensity and scale that is permitted by the planned land use and proposed zoning designation for the site. Thus, the subject project 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 future development will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not E200510000543 Finding of Conformity Under MEim 1 10130 Environmental Assessment No. T-5508/R-05-31/C-107 Page 2 November 10, 2005 cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this speck project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium density residential planned land designation specified for the subject parcel. Based on this initial study, the proposed project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). o. _ O Gilbert J. Haro Date Planning Manager, City of Fresno K1 aW Fiaa-Trod Ma PAThad SSW Mwft RWnguu(R45-31.C-05-707WA SOAIIFf-*V d CW*WIn*y Co A= Attachments: Environmental Checklist/initial Study for Environmental Assessment No. T-5508/R-05-31/ C-05-107 Mitigation Monitoring Checklist (MEIR No. 10130)for Environmental Assessment No. T-5508/R-05-31/C-05-107 E. F )NMENTAL ASSESSMENT (EA) r-'C^KLIST TENTIAL ENVIRONMENTAL EFt EA NO. R-05-31/C-05-107/T-5508 1_0 TOPOGRAPHIC,SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities(on or 1 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous 3_0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste 1 3.4 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 13.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique,rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5_0 ANIMAL LIFE 1 14.1 Removal of historic building,disruption of 1 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat historic site 6_0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy 8.0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect „ residential areas 0„ Insufficient Information 1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the potential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 1 9.1 Incompatibility with adopted plans and policies "1" No significant Environmental Effect 1 9.2 Acceleration of growth rate The proposed project will not have an adverse 1 9.3 Induces unplanned growth 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration. 1 10.1 Generation of vehicle traffic sufficient to cause capacity 112" Moderate Environmental Effect deficiencies on existing street system The proposed project will have an adverse environmental 1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. 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