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Home My WebLink AboutT-5527 - Conditions of Approval - 9/14/2006 �r� � ,W. REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII - C COMMISSION MEETING 3-1-06 March 1, 2006 APPROVED BY FROM: STAFF, Planning Division — Planning and Development Department DEPARTME DI ECTOR SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-28, VESTING TENTATIVE TRACT MAP NO. 5527/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-28rr-5527/UGM EXECUTIVE SUMMARY Rezone Application No. R-05-28 and Vesting Tentative Tract Map No. 5527/UGM, filed by Image Homes, Incorporated will facilitate the development of'a 12-lot single family residential subdivision and installation of related facilities and infrastructure located at the east side of North Cecelia Avenue between West Sierra Avenue and West Ellery Way. Rezone Application No. R-05-28 is a request to rezone the 4.80-acre subject property from the AE-5/UGM (Exclusive Five Acre AgriculturaUUrban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract No. 5527/UGM proposes a 12-lot single-family residential subdivision, consistent with the existing medium density residential planned land use designation (4.99 to 10.37 dwelling units per acre). The property is within the boundaries of, and consistent with the 2025 Fresno General Plan and Bullard Community Plan area. The project also includes the vacation of North Jeanne Avenue between West Ellery Way and West Sierra Avenue. The applications would bring the subject property into conformance with the 2025 Fresno General Plan and the Bullard Community Plan. PROJECT INFORMATION PROJECT Rezone Application No. R-05-28 and Vesting Tentative Tract Map No. 5527/UGM propose to develop a 12-lot single-family residential subdivision at an overall density of 3.44-dwelling units/per acre. APPLICANT Image Homes, Incorporated (Agent: John Allen) LOCATION East side of North Cecelia Avenue between West Sierra Avenue and West Ellery Way(Council District 2, Councilmember Calhoun) (APN 506-470-44s) SITE SIZE 4.80 gross acres 3.49 net acres A LAND USE Existing - Medium density residential planned land use (4.99-10.37 Dwelling Units/Acre). Proposed - Medium density residential planned land use (4.99-10.37 Dwelling Units/Acre). ZONING Existing - AE-5/UGM (Exclusive Five Acre AgriculturaU Urban Growth Management) "1 Proposed - R-1/UGM (Single Family Residential /Urban Growth Management) REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 2 PLAN DESIGNATION The proposed R-1/UGM zone district designation is consistent with the AND CONSISTENCY 2025 Fresno General Plan and the Bullard Community Plan designation of medium density residential planned land use (4.99 to 10.37 units per acre). ENVIRONMENTAL FINDING Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) was issued on December 15, 2005. PLAN COMMITTEE The Bullard Community Plan Advisory Committee recommended RECOMMENDATION approval of the rezone and vesting tentative tract map applications at its meeting on December 12, 2005. STAFF RECOMMENDATION Recommend approval to City Council of Rezone Application No. R-05-28 and approve Vesting Tentative Map Application No. 5527/UGM subject to compliance with the Conditions of Approval dated March 1, 2006. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium High Density AE-5/UGM Railroad Tracks Residential (Exclusive Five Acre Agricultural/Urban Santa Fe Avenue Growth Management) Church &Vacant Church property South Medium High Density R-2/UGM/cz Multiple Family Dwelling Residential (Low Density Multiple Family Units Residential/Urban Growth Medium Residential Density Management/conditional zoning) East Medium High Density AE-5/UGM Railroad Tracks Residential (Exclusive Five Acre Agricultural/Urban Santa Fe Avenue _ Growth Management) Commercial West Medium Density Residential R-1/UGM Cecelia Avenue (Single Family Residential/Urban Single Family Residential Growth Management) Dwellings ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-05-28/T-5527/UGM considered potential environmental impacts associated with the subject rezone and vesting tentative tract map applications. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated December 15, 2005, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly noticed with no comments filed within the comment period. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 3 BACKGROUND /ANALYSIS Image Homes, Incorporated has filed Rezone Application No. R-05-28 and Vesting Tentative Tract Map No. 5527/UGM pertaining to approximately 4.80-acres of property located at the east side of North Cecelia Avenue between West Sierra Avenue and West Ellery Way. Rezone Application No. R-05-28 is a request to rezone the subject property from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract No. 5527/UGM proposes a 12-lot single-family residential subdivision and installation of related facilities and infrastructure, consistent with the medium density residential planned land use designation (4.99 to 10.37 dwelling units per acre). FMC Section 12-403-B-2-b(1) allows development to occur at a density lower than the planned density (medium residential) provided that the project density does not go below the minimum density of the next lowest designation (medium low density/2.19 units per acre). The subject property has a density of 3.44 dwelling units per acre. Therefore, the project is consistent with adopted plans and policies. The property is within the boundaries of, and consistent with the 2025 Fresno General Plan and Bullard Community Plan area. According to the 2025 Fresno General Plan (Chapter 4, Section H, Noise Element) and 2025 Fresno General Plan Master Environmental Impact Report MEIR No. 10130 (Figure VK-3: 60 dBA Threshold Areas For Required Noise Evaluation), the subject property is located within the 60 CNEL distance from street centerline. The Noise Element and Figure VK-3 establish a land use compatibility criterion of 60 dB DNL for exterior noise levels in outdoor activity areas. Interior noise levels attributable to exterior noise sources are not to exceed 45 dB DNL. Due to the property's proximity to the Burlington Northern Santa Fe Railway, an acoustical analysis was required. The applicant has submitted a project specific acoustical study identifying possible mitigation measures. These measures have been incorporated into the Vesting Tentative Tract Map No. 5527/UGM, Conditions of Approval, dated March 1, 2006. This project is consistent with Objectives C-9 and C-9-j of the 2025 Fresno General Plan which state that residential land uses shall be planned for the diversity and quality of residential housing at locations necessary to provide for adequate and affordable housing opportunities which should support balanced urban growth. In addition, these policies support the efficient use of resources and public facilities through the use a wide range of densities. The subject site is currently vacant. Directly to the north are the Burlington Northern Santa Fe (BNSF) mainline tracks, North Santa Fe Avenue, a church and a vacant lot owned by the church. To the east are the BNSF mainline tracks, North Santa Fe Avenue and a commercial use. The property to the south is developed with multiple family dwelling units. To the west are Cecelia Avenue and a single-family residential development. " Public Resources The Public Utilities Department has determined that adequate water and sanitary sewer services are available to serve the project. The nearest sanitary sewer main to the project is a 10-inch main located in North Cecelia Avenue at West Ellery Way. The applicant will be required to construct an 8-inch sanitary sewer main north in North Cecelia Avenue. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be entirely accommodated by the district. The developer will be required to construct any necessary FMFCD "Master Plan Facilities" as determined by the district and pay appropriate fees. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 4 Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130 and the Water Resources Management Plan will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Major Street Improvements The 2025 Fresno General Plan designates North Cecelia Avenue as a collector street which will require dedication of right-of-way and construction of improvements. These improvements include the construction of curb, gutter, sidewalk and transition paving within the limits of the tract and construction of an underground street lighting system. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5527/UGM, Conditions of Approval, dated March 1, 2006. Streets and Access Points This subdivision is proposed to have local street access points from West Ellery Way onto North Cecelia Avenue. The Public Works Department Transportation Planning Section has reviewed the rezone and vesting tentative tract map applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedications and improvements as specified in more detail in the Vesting Tentative Tract Map No. 5527/UGM, Conditions of Approval. These conditions include the requirement for the installation of a traffic circle at the 4-way intersection of Ellery Way and Cecelia Avenue and requiring lots 11 and 12 to have circular or hammerhead driveways to prevent backing vehicles onto Cecelia Avenue. LandscapingfWalls Given that the proposed subdivision abuts local streets, the developer will be required to install 20 feet of landscaping along North Cecelia Avenue. In addition, the applicant will be required to install a minimum 10 foot high solid sound wall along the northeastern project boundary adjacent to lots 6, 7, 11 and 12, the sound wall shall then tum southward along the east side of lot 6 and be a minimum of 6 feet in height, as required in the acoustical analysis, dated October 25, 2005, prepared by Brown-Buntin Associates. This will mitigate the adverse effect of noise generated by the Burlington Northern Santa Fe mainline track. Lots and Design The proposed subdivision is a 12-lot single-family infill development providing a good transitional use of the land and facilitating the vacation of a dilapidated street (Jeanne Avenue). The development utilizes a cul-de-sac (Ellery Way)to access 10 of the 12 lots. The other 2 lots will have direct access to Cecelia Avenue with the requirements for a hammerhead or circular driveway to prevent the backing of vehicles onto the street. The lots will all be larger than 6,000 square feet as required in the R-1 zone district. Bullard Area Community Plan Advisory Committee The Bullard Area Community Plan Advisory Committee reviewed the rezone and vesting tentative tract map applications at its meeting on December 12, 2005, and recommended approval by a vote of 9 to 0 with 2 members absent. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 5 Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 Fresno General Plan and Bullard Community Plan which designates the site for medium density residential land uses and subject to Fresno Municipal Code Section 12-403-B-2- b- (1), the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure non-interference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. 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. Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. The Planning Commission's action on the proposed vesting tentative tract map is final unless appealed in accordance with the Fresno Municipal Code, Section 12-406-I. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has commented that development of the proposed residences is not expected to create significant impacts to the State Highway System. City staff notes that potential cumulative traffic impacts of full build out of the 2025 Fresno General Plan were analyzed in MEIR No. 10130. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 6 CONCLUSION / RECOMMENDATION 1. RECOMMEND APPROVAL to the City Council of the environmental finding for Environmental Assessment No. R-05-28/T-5527/UGM, dated December 15, 2005, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130. 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-05-28 to change the existing zone district designation from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. 3. RECOMMEND APPROVAL Vesting Tentative Tract Map No. 5527/UGM subject to compliance with the Conditions of Approval, dated March 1, 2006. Attachments: Vicinity Map Aerial Map Exhibit "A", Vesting Tentative Tract Map No. 5527/UGM, dated November 8, 2005. Exhibit"B", Acoustical Analysis Tract No. 5527/UGM, dated October 25, 2005. Conditions of Approval for T-5527/UGM, dated March 1, 2006, including memoranda and letters from responsible or commenting agencies. Environmental Assessment No. R-05-28/T-5527/UGM, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated December 15, 2005. 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N A VOLUME 84 OF P TS, _ �ry A� PAGES 84&85 F C.R. m u N AN Ary 21 22 — A /X "Z' i / h SFR SFR — E � 21 7 se' m q 1O a 107m , rn d 3 c oz I I / ti / � .$ / - g Irl o N �1°' ' I =� s� °�� sere 7 szs '�Z$N c � — Y +72' ^ l 3 2 N € � g y a n 9 m 1 +� m '—I x R 9 _aZI $ N � a A it $ € 4pgg a VESTING TENTATIVE SUBDIVISION '" R A B E A MAP TRACT NO. 5527 h'. I i ENGINEERING, INC. ML M.—/uro susmo ¢ CITY OF FRESNO a p ¢meN.se)"MAY azs BL" r (erm.5 Ko.Co3m ■ PREPARED FOR IMAGE HOMES 997 W.WIMBLEDON - FRESNO,CALIFORNIA 93720 PREPARED BY BROWN-BUNTIN ASSOCIATES,INC. VISALIA,CALIFORNIA OCTOBER 25, 2005 BBA W.Sc oo Ave. Visalia,CA 93291 (559(627.4923 • (559)627-6284 Fax 7996 California Ave.,Suite A Fair Oaks,CA 95628 (916)961.5822 .(916(961-6418 Fax BROWN • BUNTIN ASSOCIATES, INC. EXHIBIT INTRODUCTION The project is a proposed 12-lot single-family development to be located south of West Sierra Avenue west of the Burlington Northern Santa Fe Railway (BNSF) within the City of Fresno, California. The City of Fresno has required an acoustical analysis to determine if railroad operations on the BNSF will cause noise levels to exceed the City's standards and to determine if noise mitigation measures will be required. This report is based upon a project site plan dated August 12, 2005. Revisions to the site plan may require reevaluation of the findings of this report. ______-_-._-_--._._.Appendix_A_provides--d-efinitions of_the_acousticaL terminology_used-in-this_report._-__Unless—_----- otherwise stated, all sound levels reported in this analysis are A-weighted sound pressure levels in decibels (dB). A-weighting de-emphasizes the very low and very high frequencies of sound in a manner similar to the human ear. Most community noise standards utilize A-weighted sound levels, as they correlate well with public reaction to noise. CRITERIA FOR ACCEPTABLE NOISE EXPOSURE The City of Fresno Noise Element of General Plan establishes noise level criteria in terms of the Day-Night Average Level (DNL) metric. The DNL is the time-weighted energy average noise level for a 24-hour day, with a 10 dB penalty added to noise levels occurring during the nighttime hours (10:00 p.m.-7:00 am.). The DNL represents cumulative exposure to noise over an extended period of time and is therefore calculated based upon annual average conditions. The Noise Element establishes a land use compatibility criterion of 60 dB DNL for exterior noise eves in outdoor activity areas of new residential developments. An exterior noise exposure of up to 65 dB DNL may be allowed for developments located along the BNSF or UPRR mainlines provided it has been determined that an exterior noise exposure of 60 dB DNL may not be achieved using a practical application of the best-available noise reduction technology. Outdoor activity areas generally include backyards of single-family residences and individual patios or decks of multi-family developments. The intent of the exterior noise level requirement is to provide an acceptable noise environment for outdoor activities and recreation. The Noise Element also requires that interior noise levels attributable to exterior noise sources not exceed 45 dB DNL. The intent of the interior noise level standard is to provide an acceptable noise environment for indoor communication and sleep. PROJECT SITE NOISE EXPOSURE The BNSF Railway mainline is located east of the project site. The approximate distance from the center of the mainline track to the closest proposed backyard is approximately 125 feet. There are no grade crossings that directly affect the project site, although warning horns are audible within the project site. The railroad consists of continuously welded rail with the top of the rails being approximately 6 feet higher than the project site. The speed of trains passing the site varies depending upon rail traffic conditions. The maximum "track" speed is 70 mph for freight trains and 79 mph for passenger trains. Figure 1 shows the project site in relation to the railroad. GABBA Projects\2005\05-070 Tract No.5527,Fresno 10.25-05 1 Noise measurements were conducted at a distance of 125 feet from the center of the mainline track using a Larson-Davis Laboratories Model LDL 820 sound level analyzer equipped with a Bruel & Kjaer (B&K) Type 4176 microphone. The instrumentation was calibrated prior to use with a B&K Type 4230 acoustic calibrator to ensure the accuracy of the measurements. The microphone was located on a tripod at five feet above the ground. The instrumentation complies with applicable standards of the American National Standards Institute (ANSI) for Type 1 (precision) sound level meters. The noise measurement site is shown in Figure 1. A total of_seven train passbys were monitored consisting_of three frei lg_it trains and four _ passenger (Amtrak) trains. Measured sound exposure levels (SEL) during individual freight train passbys ranged from 94.9 to 105.2 dBA, with an energy average of 102.6 dBA. Measured sound exposure levels (SEL) during individual passenger train passbys ranged from 88.9 to 91.2 dBA, with an energy average of 92.2 dBA. A larger sample (13 passbys) of train noise levels collected in 2004 at a similar site near Bullard Avenue indicated that the mean SEL from freight and passenger trains at 125 feet from the tracks would be 99.7 and 93 dB, respectively. These data appear to be more representative of typical train noise levels at this distance and were therefore used as a basis for calculating train noise DNL values on the site. Operational data used for the calculation of railroad noise exposure are summarized in Table I. The data were recently obtained from the BNSF Railway Superintendent for Northern California and from published Amtrak schedules. Information about future train operations was not avail-able om the rai roa . TABLE I RAILROAD OPERATIONAL DATA BNSF RAILWAY-SAN JOAQUIN VALLEY AREA #Freight Trains/day 36 #Passenger Trains/da 12 Day/Night Split(Freight)' 63%/37% Day/Night Split(Passenger)2830/./17% 'Assumed to be evenly distributed over 24 hours. 2 Based on May 20,2004 Amtrak schedule. GABBA Projects12005\05-070 Tract No.5527,Fresno 10-25-05 3 Railroad noise exposure may be quantified in terms of the DNL using the following formula: DNL = SEL = 10 log Neq—49.4 where, SEL is the average SEL for a train passby, Neq is the equivalent number of passbys in a typical 24-hour period determined by adding 10 times the number of nighttime events (10 p.m. - 7 a.m.) to the, actual number of daytime events(7 a.m. - 10 p.m.), and 49.4 is a time constant equal to 10 log the number of seconds in the day. Using the above-described formula, railroad operations data and noise measurement results, the calculated railroad noise exposure at the closest backyards within the project site is 72.4 dB DNL. NOISE MITIGATION Exterior Noise Exposure: The City of Fresno exterior noise level exposure criterion for outdoor activity areas of new residential developments is 60 dB DNL. An exterior noise exposure of up to 65 dB DNL is allowed for developments located along the BNSF or UPRR mainlines provided it has been determined that an exterior noise exposure of 60 dB DNL may not be achieved using a practical application of the best-available noise reduction technology. For the undeveloped site, the is ing rai oa noise exposure at e c osest proposed noise-sensitive building is 72.4 dB DNL for a receiver 5 feet above the project grade. Since the development consists of single-family homes, outdoor activity areas are assumed to be located within individual backyards. To mitigate railroad and traffic noise exposure the project developer has proposed that a sound wall be constructed along the northeast boundary of the project site. The sound wall is intended to provide acoustical shielding of individual backyards and to reduce the amount of noise affecting the interior of proposed residences. The acoustical design objective of the sound wall is to reduce future traffic and railroad noise exposure to 60 dB DNL or below. A sound wall insertion loss program based on the FHWA Model was used to calculate the insertion loss (noise reduction) provided by the proposed s6und wall. The model calculates the insertion loss of a wall of given height based on the effective height of the noise source, height of the receiver, distance from the receiver to the wall, and distance from the noise source to the wall. The standard assumptions used in the sound wall calculations are effective source heights of 8, 2 and 0 feet above the roadway for heavy trucks, medium trucks and automobiles, respectively. The effective source height for a railroad locomotive and cars is 10 feet above the top of the rails. The standard height of a residential receiver is five feet above the building pad elevation. Based upon the above-described assumptions and method of analysis, the noise level insertion loss values for sound walls of various heights were calculated. Table H provides a summary of sound wall calculation results, and indicates that a sound wall with a minimum height of 16 feet, GABSA Projects\2005\05-070 Tract No.5527,Fresno 10-25-05 4 relative to the closest building pad elevations would reduce existing railroad noise exposure to 60.3 dB DNL at the closest noise-sensitive building. A sound wall with a minimum height of 10 feet relative to the closest building pad elevations would reduce existing railroad noise exposure to 65.0 dB DNL at the closest noise-sensitive building. The above-described sound walls would be effective at the first-floor receiver elevation only. Sound wall effectiveness will be significantly reduced at any proposed second-floor receivers adjacent to the railroad. In order for the proposed sound wall to be effective in reducing railroad noise exposure along the eastern boundary of the project, the sound wall should be turned southward along the east side of Lot 6. The height of the sound wall along the east side of Lot 6 may be 4 feet lower than the main wall. TABLE II SUMMARY OF SOUND WALL CALCULATIONS TRACT NO.5527 AT THE BNSF RAILWAY Proposed Sound Wall Height,Ft. Mitigated,DNL,dB 8 66.7 10 65.0 12 63.1 14 61.6 16 60.3 'Relative to the nearest building pad elevation. Source: Bruwa-Buntin Associates,fnc. Interior Noise Exposure: The City of Fresno interior noise level standard is 45 dB DNL. In order to satisfy the City's interior noise level standard at the first-floor level, and assuming that a sound wall will be constructed to reduce exterior noise exposure to a maximum of 65 dB DNL, the proposed- construction will need to be capable of providing an outdoor-to-indoor noise level reduction (NLR) of up to 20 dB (65-45=20). Second-floor living spaces, if proposed, would need to be capable of providing an NLR of approximately 27 dB. The higher NLR performance required for second floor living spaces is the result of reduced acoustical shielding provided by the proposed sound wall. Ii' A specific analysis of interior noise levels was not performed. However, it may be assumed that residential construction methods complying with current building code requirements will reduce exterior noise levels by a least 20-25 dB if windows and doors are closed. This will be sufficient for compliance with the City's 45 dB DNL interior standard at the first-floor level, provided the above-described sound wall is constructed. Requiring that windows and doors remain closed for the required interior noise insulation means that air conditioning or mechanical ventilation will be required. If two-story homes are proposed adjacent to the BNSF Railway, a detailed analysis of the proposed building construction will be required to ensure the City's interior noise level standard will be complied with. GABBA Projects\2005\05-070 Tract No.5527.Fresno 10-25-05 5 CONCLUSIONS AND RECOMMENDATIONS Tract No. 5527 will comply with the City's exterior and interior noise level requirements provided the following mitigation measures are incorporated into the final project design. 1. The sound wall described on pages 4 and 5 of this report should be constructed to reduce exterior noise exposure in outdoor activity areas and the level of noise affecting exterior building facades. The sound wall should be continuous without gaps or openings and should be constructed of a dense material such as masonry blocks or stucco on both sides 2. Mechanical ventilation or air conditioning must be provided for all homes so that windows and doors may remain closed for the required acoustical insulation. 3. Acoustic baffles should be installed on the interior side of attic vents that face, or are perpendicular to, the BNSF Railway. An example of a suitable attic vent baffle is shown by Appendix B. 4. Exterior doors, excluding glass doors, should be solid-core wood or insulated steel with perimeter weather-stripping and threshold seals. The conclusions and recommendations of this acoustical analysis are based upon the best information known to Brown-Buntin Associates, Inc. at the time the analysis was prepared concerning the proposed site plan, project grading, and railroad operations. Any significant changes in these factors will require a reevaluation of the findings of this report. Additionally, any significant future changes in noise control technology, noise regulations or other factors beyond BBA's control may result in long-term noise results different from those described by this analysis. It is the responsibility of the project developer to ensure that all materials and construction practices employed for this project are consistent with the design assumptions used for this analysis and with the above-described recommendations. BBA is not responsible for degradation of acoustical performance due to substitutions, deletions, modifications or defects in manufacture or workmanship, or due to changes in the project site or grading plans. Respectfully submitted, Bill C. Thiessen Senior Consultant BCT:dm GABBA Projects\2005\05-070 Tract No.5527,Fresno 10-25-05 6 energy as a time varying signal ovr given sample period. Leq is typically computed over 1, 8 and 24-hour sample periods. NOTE: The CNEL and DNL represent daily levels of noise exposure averaged on an annual basis,while Leq represents the average noise exposure for a shorter time period, typically one hour. Lmax: The maximum noise level recorded during a noise event. L,,: The sound level exceeded "n" percent of the time during a sample interval (Lgo, L50, Lio, etc.). For example, Lto equals the level exceeded 10 percent of the time. RA- BROWN • BUNTIN ASSOCIATES. INC NOISE EXPOSURE CONTOURS: Lines drawn about a noise source indicating constant levels of noise exposure. CNEL and DNL contours are frequently utilized to describe community exposure to noise. NOISE LEVEL REDUCTION(NLR): The noise reduction between indoor and outdoor environments or between two rooms that is the numerical difference, in decibels, of the average sound pressure levels in those areas or rooms. A measurement of"noise level reduction" combines the effect of the transmission loss performance of the structure plus the effect of acoustic absorption present in the receiving room. SEL or SENEL:_ Sound Exposure Level or Single Event Noise Exposure Level. The level of noise accumulated during a single noise event, such as an aircraft overflight,with reference to a duration of one second. More specifically, it is the time-integrated A-weighted squared sound pressure for a stated time interval or event, based on a reference pressure of 20 micropascals and a reference duration of one second. SOUND LEVEL: The sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise. SOUND TRANSMISSION CLASS (STC): The single-number rating of sound transmission loss for a_ _ construction element (window, door, etc.) over a frequency range where speech intelligibility largely occurs. BBA FIF r1rl BROWN • BUNTIN ASSOCIATES INC Appendix B Example of Attic Vent Baffle Treatment Wall Acoustically Lined Baffle Vent Opening Opening should be large enough to provide adequate ventilation as required by building codes G:\BBA Projects\2005\05-070 Tract No.5527,Fresno 10-25-05 FROM JOHN ALLEN COMPANY FAX NO. : 6162256456 Nov. 02 2005 12:07PM P2 LL i Q Fri, c W i Al _- Cv � � a j'(• d ;I I L `o i L11 'VOL �INZJ ,601 U r . OL ' o *v-.' .LOLL / W J ,V1. S .401 W a W s`j• .' W.• W Q p, z L Ll cc A, 00 1 -�f/— _/'^ LZ Lz LL Lj N ` N LL_ 00 `SLLY Cy- d r LL_ Lj- 09E y % U-) U i �i�SiVrld dO 99 aNnrIoA CN Ly) 0409lil 'ON ILOVU �fl NOZ !�-� �b'I1N301S3�1 kLISN30 vm03N 0 rN 1q C►7 li v 2 w c o t z o E o Q a o �R w Li ti cm ! ¢ O w w o .� ' Q,cu Ir b L'55Ln 41 2 !/S (n _ (.7 4.5 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12424 The Fresno City Planning Commission at its regular meeting on March 1, 2006, 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. 5527/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 12-lot single family residential subdivision on approximately 4.80 gross acres of property located on the east side of North Cecelia Avenue between West Sierra Avenue and West Ellery Way; and, WHEREAS, on December 12, 2005, the Bullard Community Plan Advisory Committee recommended approval of the tract map and related rezone application; 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 March 1, 2006; and, WHEREAS, at the Planning Commission hearing of March 1, 2006, the Commission reviewed related Rezone Application No. R-05-28 proposing to reclassify the subject site from the AE-5/UGM (Exclusive Five Acre-Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district; and, WHEREAS,the Fresno City Planning Commission conducted a public hearing on March 1,2006,to review the proposed subdivision and considered the staff report, related information,environmental documents and considered 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. 5527/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. 10 130) dated December 15, 2005, prepared for Environmental Assessment No. R-05-281T-5527. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the subject tentative tract map is consistent with the adopted 2025 Fresno General Plan and the Bullard Community Plan and the findings required pursuant to Section 66410 et. seq. of the Govemment Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Tentative Tract Map No. 5527/UGM subject to the Planning and Development Department Conditions of Approval dated March 1, 2006 and the following additions and modifications to said conditions: 1. Condition No. 16-A, shall be revised to read as follows: Provide a 10-foot landscaped easement (and irrigation system) along the side property lines of all lots which side onto North Cecelia Avenue. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. Planning Commission Resolution No. 12424 Tentative Tract Map No. 5527/UGM Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Kissler. VOTING: Ayes - Cherry, Kissler, Holt, Torossian, Vasquez (Chair) Noes - DiBuduo Not Voting - None Absent - Vang DATED: March 1, 2006 NIC P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12424 Tentative Tract Map No. 5527/UGM Filed by Image Homes Inc. Action: Approved K CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL March 1, 2006 VESTING TENTATIVE TRACT MAP NO. 5527/UGM Located on the east side of North Cecelia Avenue, between West Sierra and West Ellery Avenues All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Vesting Tentative Tract Map No. 5527/UGM is subject to City Council approval of Rezone Application No. R-05-28. 2. Upon conditional approval of Vesting Tentative Tract Map No. 5527/UGM entitled "Exhibit A", dated November 8, 2005, the subdivider may prepare a Final Map in accordance with the approved tentative map and conditions of approval, dated March 1, 2006. 3. Each lot shown on Vesting Tentative Map No. 5527/UGM, shall be in accordance with the R-1 zone district, Property Development Standards, pursuant to Fresno Municipal Code (FMC) Section 12-211.5. 4. The owner/developer shall execute a covenant for the purpose of the notification of any buyer, by the use of real estate disclosure statements; of the proximity of the property to the Burlington Northern Santa Fe mainline track and that the operation of the railway may affect the habitability and quiet enjoyment of the property. 4A. The owner/developer also agree to indemnify, hold harmless, and defend the City and each of its officers, agents, and employees from any and all loss, liability, costs, and damages, and from any and all claims, demands and actions in law or equity (including attorney's fees and legal expenses), arising or alleged to have arisen directly or indirectly out of or in any way connected with the approval of the residential lots adjacent to the Burlington Northern Santa Fe mainline track. 5. The preparation for submittal of the Final Map shall be prepared at a minimum of one (1) inch equals sixty (60) feet. Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 2 6. 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. 7. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 8. 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. 9. 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. 10. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewer, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 11. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. i- Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 3 12. 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. Building Setbacks 13. Building setbacks shall be in accordance with the R-1 zone district, pursuant to Fresno Municipal Code (FMC) Section 12-211.5, Property Development Standards. Landscaping and Walls 14. Construction plans for required walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. When the grading plan establishes a top slope beyond the required landscaping 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 landscaping area up to the wall location. 15. The wall height shall be in accordance with the submitted acoustical analysis, dated October 25, 2005 a. The sound wall shall be a minimum height of 10 feet along the northeastern project boundary adjacent to lots 6, 7, 11 and 12. b. The sound wall shall be turned southward along the east side of lot 6 and be a minimum height of 6 feet. c. The project shall comply with the Conclusions and Recommendations as stated on page 6 of the acoustical analysis prepared by Brown-Buntin Associates, Inc and dated October 25, 2005. d. Construct 6-foot high solid masonry wall along the side property lines of all lots which side onto North Cecelia Avenue (solid wall to meet the requirements of Seciton 12-306- H, Fresno Municipal Code).Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. Provide a corner cut-off area at the intersection as depicted on Exhibit A dated 16-A. Provide a 20-foot landscaped easement (and irrigation system) along the side property lines of all lots which side onto North Cecelia Avenue. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. 16-B. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, staff for information regarding the City's District. The property owners may petition the City for Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 4 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 Public Works Department (refer to attached Public Works Department Conditions For Vesting Tentative Tract 5527 And Community Facilities District, dated December 1, 2005). b. All curbs and gutters, sidewalks, medians, street furniture and street furniture as approved by the Public Works Department within the boundaries of the map. 17. 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. 18. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 11 above and No. 39, below, 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. 19. 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. Information 20. 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 district's adopted schedule of fees. 21. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 22. Pursuant to Section 66456.1 of the Subdivision Map Act, which states `The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 5 23. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 24. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 25. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after hours the contact phone number is 559- 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 26. 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 Conditions of Approval Tentative Tract Map No.5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 6 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. 27. 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. Noise Abatement 28. Development shall occur in accordance with the Acoustical Analysis Tract No. 5527/UGM (Exhibit B), prepared by Brown-Buntin Associates, Inc., dated October 25, 2005. 29. Development shall occur accordingly to comply with the City's 45 dB DNL interior standard throughout Vesting Tentative Tract Map No. 5527/UGM. 30. The sound wall should be constructed to reduce exterior noise exposure in outdoor activity areas and the level of noise affecting exterior building facades. The sound wall should be continuous without gaps or openings and should be constructed of a dense material such as masonry blocks or stucco on both sides of a wood/steel frame. 31. Mechanical ventilation or air conditioning must be provided for all homes so that windows and doors may remain closed for the required acoustical insulation. 32. Acoustic baffles should be installed on the interior side of attic vents that face, or are perpendicular to, the BNSF Railway. An example of a suitable attic vent baffle is shown in Appendix B of the Acoustical Analysis. 33. Exterior doors, excluding glass doors, should be of solid-core wood or insulated steel with perimeter weather-stripping and threshold seals. 34. Windows must be mounted in low air-infiltration frames. x 35. Weather-strip exterior doors, including threshold seals as required by the California Building Code. 36. The building shell should be airtight construction on the inside and outside except for required ventilation openings. All frames and junctions and any other required penetrations of the building shell should be thoroughly caulked and resilient caulking and weather stripped to prevent air leaks. 37. Any intake or exhaust vent opening to occupied space, directly or indirectly, should be provided with appropriate damper arrangement or acoustical baffles or connect to an appropriate configuration of acoustically lined ducting, or acoustically lined plenum or combination. Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 7 38. Outdoor and indoor noise generating mechanical and electrical equipment should be well separated from the immediate vicinity of a building face and nearby dwelling, including shielding and other measures as need. Such equipment should be selected with a consideration of quiet operation. COMMUNITY FACILTIES DISTRICT 39. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. If approved by City Council, the following features may be maintained by the Community Facilities District: a. Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street easements (including medians) and the landscape easements along the property lines that side or back onto North Cecelia Avenue. b. Maintenance of sidewalks as approved by the Public Works Department within the street easements and the landscape easements along the property lines bordering North Cecelia Avenue. c. Maintenance of all local street: landscaping, pavement, curbs, gutters, sidewalks, inlets, medians, hydrants, inlets and street furniture as approved by the Public Works Department within the boundary of the tentative map. d. Maintenance and operating costs of all street lights as approved by the Public Works Department within the boundary of the tentative map. e. Maintenance of all street trees as approved by Public Works Department within the boundary of the tentative map. K f. Maintenance and operating costs of police, fire, traffic control and recreation services as established by the Council of the City of Fresno. 40. Proceedings to place the Final Map into a CFD may not commence until the territory has been annexed into the City of Fresno. 41. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. This shall include a street tree location and street tree species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 8 42. Should the Council or owner/developer choose not to include the maintenance of the items listed in the above section 40 in a CFD, the property owner/developer shall provide for the maintenance of all of the above items by the property owners. PARK SERVICE 44. The developer/owner shall comply with the requirements in the letter from Public Works dated December 15, 2005 for Vesting Tentative Tract Map No. 5527/UGM. Applicant shall comply with all appropriate park fees as adjusted by Council. See Impact Fees on page 16. Urban Growth Management Requirements 45. 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 FMC Section 12-4.509-C-3. FIRE SERVICE 46. The developer/owner shall comply with the requirements in the letter from Fresno Fire Department, dated November 9, 2005 for Vesting Tentative Tract Map No. 5527/UGM. Urban Growth Management Requirements 47. The subdivider shall be required to pay the Fire Service Fees for Fire Station No. 14. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of FMC Section 12-4.509-C-3. STREETS AND RIGHTS-OF-WAY 48. The subdivider shall furnish to the city acceptable secdrity to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 49. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. ■ Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 9 50. 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: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting. 51. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. 52. The subdivider shall install all existing and proposed utility systems underground in accordance with FMC Sections 12-1011 and Resolution Nos. 78-522, 88-229. 53. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution Nos. 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. 54. 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. 55. 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. 56. Handicap access ramps are required at all corners within the limits of this subdivision. 57. All required signing and stripping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative tract map to the Public Works Department. 58. The developer shall install median island and fronta6e landscaping concurrent with the street improvements. MAJOR STREETS Cecelia Avenue (Collector) 59. Dedicate 47' of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 60. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. ■ Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 10 61. Construct 20' of permanent paving (measured from face of curb) within limits of this subdivision. 62. 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. 63. Relinquish direct vehicular access rights to Cecelia Avenue from all lots within this subdivision. INTERIOR STREETS 64. Dedicate, design and construct all curb, gutter, sidewalk (both sides), permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 50' and 54' streets. SPECIFIC MITIGATION REQUIREMENTS 65. This tract will generate 9 a.mJ12 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 66. Ellery Avenue at Cecelia: Construct a traffic circle at the 4-way intersection. See Exhibit fisC19. 67. Bike, Pedestrian and Equestrian Trail: Not applicable per Planning Department. 68. Lots 11 and 12: Backing onto a major street is prohibited. Driveway approaches shall be circular or hammer-head. 69. Identify 1' pedestrian easements on the map. r; 70. Jeanne Avenue: A feasibility study for all proposed vacations of existing public rights of way is required to be completedrp for to the approval of the tentative map. 71. 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. 72. Irrigation/Canal Requirements: The developer/owner shall enter into an agreement with the Fresno Irrigation District (FID) providing for piping the canal(s) and submit an executed copy of the agreement or commitment from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right-of-way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 11 constructed perpendicular to the street. Submit engineering plans to Public Works Department, Engineering Division for review and approval. UGM Requirements: 73. This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees. 74. Cecelia Avenue: Collector: 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. Traffic Signal Mitigation Impact Fee: i. 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 12 single-family units X $414.69, (fee rate as shown on the Master Fee Schedule)=$4,976.28. STREET NAMES ii. Change the following street names to reflect their proper spelling: a. West Ellery Avenue to West Ellery Way. SANITARY SEWER SERVICE 77. The nearest sanitary sewer main to the project is a 10-inch main located in North Cecelia Avenue at West Ellery Way. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: a. Sanitary sewer mains shall be extended within tyle proposed tract to provide sewer service to each lot created. b. Construct an 8-inch sanitary sewer main north in North Cecelia Avenue. 43.Separate sewer house branches shall be provided for each lot. 44. Public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications and policies. 45.Abandon all existing on-site private sanitary sewer systems. Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 12 46. Engineering improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. Sanitary Sewer Fees 78. The following Sewer Connection Charges are due and shall be paid for this Project: a. Sewer Lateral Charge b. Oversize Sewer Charge c. Trunk Sewer Charge: Grantland d. Wastewater Facilities Charge (Residential Only) WATER SERVICE 79. The following conditions are required to provide water service to the tract: a. Separate water services with meter boxes shall be provided to each lot created. b. Two independent sources of water meeting Federal and State Drinking Water Act Standards are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. c. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications and policies. d. Seal and abandon existing on-site well 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. A Urban Growth Management Requirements 80. This tentative tract map is in UGM zone and will be required to pay all applicable UGM fees for UGM Water Supply Area. SOLID WASTE SERVICE 81. The following general requirements are placed on this tentative map as conditions of approval by the Department of Public Utilities. a. Tract 5527 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive three containers to be used as follows: one gray Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 13 container for solid waste, one green container for green waste, and one blue container for recyclable material. b. 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 shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. c. Per FMC 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. 82. The following covenant requirement is placed on this tentative map as a condition of approval by the Department of Public Utilities. a. There shall be no parking allowed in the cul-de-sac on solid waste service day. The following lots shall be clear of all vehicles by 6:00 a.m.: Lots 5, 6 and 7 on Ellery Way. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 83. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to vesting tentative tract maps. 84. 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 85. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Rights-of-way acquisition shall include any rights-of-oay 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. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 14 acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 86. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 87. 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 December 2, 2005. 88. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. AIR QUALITY 89. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated November 18, 2005 for Vesting Tentative Tract Map No. 5527/UGM. IRRIGATION DISTRICT 90. The developer/owner shall acknowledge the comments of the Fresno Irrigation District, dated November 10, 2005, for Vesting Tentative Tract Map No. 5527/UGM. FRESNO UNIFIED SCHOOL DISTRICT 91. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Fresno Unified School District, pursuant to Government Code Section 65995 and Educational Code Section 17620. Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 15 92. Install concrete sidewalks/curbs/gutters on both sides of the interior streets for the proposed project in a manner consistent with the existing subdivisions in the area and to City Standards. 93. The developer may be subject to install a permanent school bus pull out along the project frontage. Please contact the Fresno Unified School District regarding this condition. STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION 94. The developer/owner shall comply with the comments of the State of California, Department of Transportation, dated November 16, 2005, for Vesting Tentative Tract Map No. 5527/UGM. PACIFIC GAS AND ELECTRIC 95. Project applicant shall consider the requests made by P. G. & E. as stipulated in their letter dated November 16, 2005. DEVELOPMENT FEES AND CHARGES 96. Vesting Tentative Map No. 5527/UGM is subject to the following fees: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) b. Oversize Charge* $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Chargelf $419/living unit Service Area: Cornelia d. Wastewater Facilities Charge* $2,8 19/living unit e. Fowler Trunk Sewer Interim Fee Surety# N/A f. House Branch Sewer Chargee NIA WATER CONNECTION CHARGES FEE RATE a. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) Conditions of Approval Tentative Tract Map No. 5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 16 established by the Master Fee Schedule. b. Frontage Charge► $6.50/lineal foot c. Transmission Grid Main Charge► $643/gross acre (parcels 5 gross acres or more) d. Transmission Grid Main Bond Debt Service Charge w► $243/gross acre (parcels 5 gross acres or more) e. UGM Water Supply Feer Service Area: 201s $407/living unit f. Well Head Treatment Feer $0/living unit Service Area: 201 g. Recharge Feer $0/living unit Service Area: 201 h. 1994 Bond Debt Service► $0/living unit Service Area: 201 DEVELOPMENT IMPACT FEE FEE RATE a. Fire Impact Fee - Citywide♦ $539/living unit b. Park Facility Impact Fee - Citywide♦ $3398/living unit c. 'Quimby Parkland Dedication Feer $1120/living unit d. Police Facilities Impact Fee - Citywide♦ $624/living unit e. Traffic Signal Charge► $414.69/living unit 11, URBAN GROWTH MANAGEMENT FEE RATE a. Major Street Charge► $2798/adj. acre Service Area: C/D-2 b. Major Street Bridge Charge► $94/adj. acre Service Area: C/D-2 c. UGM Grade Separation Fees► N/A d. UGM Trunk Sewer Charge► N/A Service Area: Fowler Conditions of Approval Tentative Tract Map No.5527/UGM Rezone Application No. R-05-28 March 1, 2006 Page 17 e. Street Acquisition/Construction ChargelY N/A Notes: * This amount if paid is creditable against the Park Facility Impact Fee. • Due at time of subdivision. . Due at time of development. ♦ Due at occupancy. *Deferrable through Fee Deferral Covenant. FRESNO METROPOLITIAN FLOOD CONTROL DISTRICT FEE RATE a. FMCD Development Fees - Vesting Tentative Tract No. 5527/UGM $ 9,104.00 cc: Letters from: Public Works Department, Community Facilities District (12-1-2005) Public Works Department, Street Trees (12-15-05) Fresno Fire Department (11-9-05) Public Works Department, Transportation Planning (12-15-05 and 12-22-05) Street Name Review (11-15-05) Department of Public Utilities,Planning and Engineering (11-29-05) Department of Public Utilities, Water Division (11-14-05) Solid Waste Division (12-8-05) Fresno Metropolitan Flood Control District (12-2-05) San Joaquin Valley Air Pollution Control District (11-18-05) Fresno Irrigation District (11-1.0-05) Pacific Gas and Electric (11-16-05) California Department of Transportation, (11-16-05) KAMaster Files-R-05-28lT-5527/UGM/COA.doc 1f, Robert Berend-TT 5527 conditions Ro► :i revised for Pd.doc Pa e 1 1 City of L mleg+\t,�\1/% rncO:=. q►.� PUBLIC WORKS DEPARTMENT DATE: March 1,2006 REVISED 3/1/2006 TO: ROBERT BEREND, Planner II Planning and Development Department FROM: JOE PAFF,Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5527 AND COMMUNITY FACILITIES DISTRICT The Conditions of Approval for Vesting Tentative Tract 5527 shall include the following language to ensure that ongoing perpetual maintenance of the works of improvement described herein are the sole responsibility of the Subdivider and shall not be the responsibility of the City. As may be described below,the Subdivider may shift his/her/its responsibility for maintenance of these items to future owners of the subject parcels of the proposed tentative tract map provided the Subdivider complies with the provisions described in this memorandum. 1.The Subdivider shall be responsible for ongoing maintenance of the following items: ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street easements(including medians)and the landscape easements along the property lines that side or back-onto N. Cecelia Avenue. ■ Maintenance of ail Landscaping, Irrigation Systems and Trail facilities as approved by the Public Works Department within any public trail or open spaces designated for this tentative map. • Maintenance of Sidewalks as approved by the Public Works Department within the street easements and the landscape easements along the property lines bordering N.Cecelia Avenue. ■ Maintenance of all local street:Landscaping, Pavement, Curbs,Gutters,Sidewalks, Inlets, Hydrant, Medians and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance and operating costs of all Street Lights as approved by the Public Works Department within the boundary of the tentative map. • Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. • Maintenance and operating costs of police,fire,traffic control and recreation services as established by the Council of the City of Fresno. Hereinafter,the above listed items shall be collectively referred to as"above listed maintenance responsibilities." 2. The Subdivider may elect and the Council may decide to have the above listed maintenance responsibilities become the responsibility of a Community Facilities District ("CFD"). If the Subdivider elects to petition the Council to include the above listed maintenance responsibilities in a CFD,the selection of which CFD(including the creation of a new CFD)shall be the responsibility of the Public Works Director or his/her designee. 3. If the Subdivider does not elect or the Council does not decide to have the above listed maintenance Robert p6e end-TT 5527 conditions Ro~ I revised for PC.doc - Page 2 responsibilities become the responsibility of a CFD,the Subdivider shall establish a Home Owners Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City. The agreement with the City described herein,shall among other things,specify level of effort and frequency, insurance requirements,traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorneys Office. 4. Notwithstanding the above, as an alternative to the Subdivider being responsible for the maintenance of local streets,and this above listed maintenance responsibility only: The Subdivider shall utilize the following design criteria for the construction of internal streets within the development: ■ TI for local streets shall not be less than 7.5. ■ For the purposes of determining the structural section of the streets,the"R-value"shall be quantified an approved soils testing laboratory, but in no instance shall the value exceed 50. • The gravel equivalent shall be in accordance with Caltrans design standards(Section 600) including the factor of safety. • The City shall have the final road product certified by a registered civil engineer stating that the constructed roadway meets or exceeds the approved structural section design at the expense of the Developer. This will include taking core samples at a frequency and location determined by the Public Works Director. The Public Works Director shall • Developer warrantees the roads for a period of three years after acceptance and secures the warrantee with a performance bond equal to 25%of the engineers'estimate of valuation. For the purposes of calculating this valuation the estimate used for permitting can be used, provided it is adjusted to present value based on CIP published in the ENR. 5. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. Landscaping plans shall contain actual tree and plant counts by species and include the areas(in square feet)of turf,shrubs and trees,and sidewalks or other paved areas within all landscaped areas. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me at 621-8695 e; Fi1eAwp\cfd2\ttmapreview\tt5527 ,J 1 'Robert Berend -TT 55 conditions Rof t.doc Page ' City of 01500k1—1\\l//I PUBLIC WORKS DEPARTMENT DATE: December 1,2005 TO: ROBERT BEREND,Planner II Planning and Development Department FROM: JOE PAFF,Senior Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5527 AND COMMUNITY FACILITIES DISTRICT 1. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. If approved by Council,the following features may be maintained by a Community Facilities District. • Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street easements(including medians)and the landscape easements along the property lines that side or back-onto N.Cecelia Avenue. ■ Maintenance of Sidewalks as approved by the Public Works Department within the street easements and the landscape easements along the property lines bordering N.Cecelia Avenue. ■ Maintenance of all local street:Landscaping, Pavement,Curbs,Gutters,Sidewalks, Inlets, Hydrant, Medians and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance and operating costs of all Street Lights as approved by the Public Works Department within the boundary of the tentative map. • Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance and operating costs of police,fire,traffic control and recreation services as established by the Council of the City of Fresno. 2. Proceedings to place the Final Map into a CFD may not commence until the territory has been annexed into the City of Fresno. 3. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. This shall include a Street Tree Location and Street Tree Species(by street)map. Landscaping plans shall contain actual tree and plant counts by species and include the areas(in square feet)of turf,shrubs and trees,and sidewalks or other paved areas within all landscaped areas. 4. Should the Council or owner/developer choose not to include the maintenance of the items listed in section 1 above in a CFD,the property owner/developer shall provide for the maintenance of all of the above items by the property owners. Any change affecting the Items in these conditions requires revision of this letter of conditions. If you have any questions, please call me at 621-8695 I 1 ` c:PW File No. 10770 File:%word\cfd2%ttmaprevievAtt5527 conditions x i :Robert Berend -TTM 5527.doc Page ' TENTATIVE TRACT MAP NO. 5527 GOVERNMENT CODE§66020(d)(1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments to be completed with development. SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100'depth) c. Oversize Charge* $0.05/sq.ft. (to 100' depth) d. Trunk Sewer Charger $419/living unit Service Area: Cornelia e. Wastewater Facilities Charge* $2,119/living unit g. Fowler Trunk Sewer Interim Fee Surety* N/A h. House Branch Sewer Charger N/A WATER CONNECTION CHARGES FEE RATE i. 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. j. Frontage Charge* $6.50/1ineal foot g. k. Transmission Grid Main Charge* $643/gross acre (parcels 5 gross acres or more) I. Transmission Grid Main Bond Debt* Service Charge $243/gross acre(parcels 5 gross acres or more) e m. UGM Water Supply Feer $407/living unit Service Area: 201s n. Well Head Treatment Feer $0/living unit Robert Berend-TTM 5527.doc Page Service Area: 201 o. Recharge Fee♦ $0/living unit Service Area: 201 p. 1994 Bond Debt Service* $0/living unit Service Area: 201 DEVELOPMENT IMPACT FEE FEE RATE q. Fire Impact Fee-Citywide♦ $539/living unit r. Park Facility Impact Fee-Citywide♦ $3398/living unit s. *Quimby Parkland Dedication Feet/ $1120/living unit t. Police Facilities Impact Fee-Citywide♦ $624/living unit u. Traffic Signal Charge* $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE v. Major Street Charge* $2798/adj. acre Service Area: C/D-2 w. Major Street Bridge Charge* $94/adj. acre Service Area: C/D-2 x. UGM Grade Separation Fee* N/A y. UGM Trunk Sewer Charge* N/A Service Area: Fowler z. Street Acquisition/Construction ChargeV N/A Notes: *This amount if paid is creditable against the Park Facility Impact Fee. ♦Due at time of subdivision. •♦ Due at time of development. ♦ Due at occupancy. .6 Deferrable through Fee Deferral Covenant. D E P A R T M E N T O F P U B L I C W O R K S TO: Robert Berend, Planner H Planning Division FROM: Ann Lillie,Senior Engineering Technician(559.621.8690) DATE: December 15, 2005 SUBJECT: Tentative Subdivision Map T-5527 (Located east side of North Cecelia between West Whites Sierra and Escalon Avenues) The Department of Public Works has reviewed the Vesting Tentative Subdivision Map proposed by Image Hones, Inc., on engineering plans prepared by RABE Engineering,dated April 22, 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 South Cecelia Avenue Ginkgo biloba `Autumn Gold' -Autumn Gold Ginkgo 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." K 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 to the Public Works/Engineering Services showing'the location and configuration of all median islands fronting the proposed project for review and evaluation for median island landscaping requirements prior to approval of Final Map.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/Public Works Department 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. w City of o��,DEPAflP�E�r� v !�, 1M1M1ea�1\ll\iii, r�i��!'i�►� � �' Fire Department 450 M Street �. Randy R. Bruegman Fresno, California 93721-3083 Fire Chief 559-621-4000 FAX#559-498-4261 www.fresno.gov Date 11-9-05 TO: Robert Berend, Planner II Development Department, Planning Division FROM: Mike Schmidt,"Supervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No. 5527 The Fire Department has completed a review of the Vesting Tentative Tract Map 5527, which was submitted by Rabe Engineering . The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 2 miles of Fire Station No.14. This project is subject to UGM Fire service fees for Fire Station No. 14. Provide residential hydrants and fire flows per Public Works standards. _ Access is acceptable as shown. 1f, City of 1e1n1Mg%21k1\\I// IF I k I�G" &VE DATE: 12/22/2005 TO: Robert Berend, Planner II 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 5527, Public Works Conditions of Approval (Cecelia between Sierra and Bullard) 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: Cecelia Avenue: Collector 1. Dedicate 47' of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. Page 1 of 3 C:\Louise\TRACT MAPS\T-5527 CECELIA BTWN SIERRA&BULLARD.doc 5. Relinquish direct vehicular access rights to Cecelia Avenue from all lots within this subdivision. Interior Streets: Dedicate, design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 50' and 54' streets. Specific Mitigation Requirements: 1. This tract will generate 9 a.m. / 12 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 2. Ellery Avenue at Cecelia: Construct a traffic circle at the 4-way intersection. See Exhibit "C". 3. Bike. Pedestrian and Equestrian Trail: n/a per Planning Department. 4. Lot(s) 11 and 12: Backing onto a major street is prohibited. Driveway approaches shall be circular or hammer-head. 5. Identify 1' pedestrian easements on the map. 6. Jeanne Avenue: A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to the approval of the tentative map. 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 C/13-2; therefore pay all applicable UGM fees. Cecelia Avenue: Collector 1. Dedicate and construct (2) 17' center section travel lanes with 250' left tum 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. Page 2 of 3 CaLouiselTRACT MAPSIT-5527 CECELIA BTWN SIERRA&BULLARD.doc K ,y. CITY OF FRESNO PUBLIC WORKS DEPARTMENT GAD PLAN CHECK GUIDE & REQUIREMENTS LIST ❑ RECORD PLAN INFORMATION IN PLAN CHECK LOG ❑ LANE CONFIGURATIONS MATCH CONDITIONS OF APPROVAL ❑ TURN POCKET LENGTHS ARE CALLED OUT AND CORRESPOND TO QUEUE LENGTHS IN TRAFFIC IMPACT STUDY ❑ EXISTING AND PROPOSED CURBS AND MEDIAN ISLANDS ARE CLEARLY SHOWN ❑ PERTINENT FEATURES SUCH AS EXISTING PARCELS, RAILROADS, FID CANALS ❑ CONFORMS TO EXISTING CONDITIONS AT PROJECT LIMITS ❑ EXISTING LANE WIDTHS ARE CALLED OUT AT CONFORM AREAS ❑ GAD SHOWS PROPOSED WIDTH OF STREET R/W, CURB-TO-CURB DISTANCE,ALL TRAFFIC LANES, BIKE LANES, PARKING LANES AND MEDIAN ISLANDS ❑ GAD CALLS OUT TRANSITION LENGTHS AND TAPERS EXPRESSED AS TRANSITION LENGTH PER OFFSET WIDTH (I.E. 50:1 TAPER WOULD BE A 600' TRANSITION FOR A 12' OFFSET) ❑ALL CURVE DATA IS CALLED OUT. WHERE CURVES ARE CONCENTRIC, ONLY THE C/L OR CURB LINE NEEDS TO BE CALLED OUT. ❑ THE C/L IS MATHEMATICALLY DEFINED WITH HORIZONTAL CONTROL IN CASES WHERE THE C/L DOES NOT FOLLOW THE SECTION LINE ❑ BEARINGS AND DISTANCES ARE PROVIDED WHERE THE C/L OF CONSTRUCTION (NEW C/L OR SECTION LINE) IS NOT PARALLEL TO THE PROPOSED R/W, OR WHERE THE TWO SIDES OF A DIVIDED ROADWAY ARE NOT PARALLEL. ❑ SHOW TRUCK TURNING TEMPLATES FOR ALL DUAL LEFT OR DUAL RIGHT TURNS AND ROUNDABOUTS ❑ CROSSWALK LAYOUTS MEET CITY STANDARDS (4' FROM FACE OF CURB AT RAMP, 10'WIDE, NO DOGLEGS, MEDIAN NOSES CLEAR OF CROSSWALK) ❑ PLANS INCLUDE PROJECT REFERENCE INFORMATION (Site Plan No., C.U.P. No., Rezone No., Parcel Map No. or C.I.P. No. (PW ID, Fund, Org, KRA), NORTH ARROW, SCALE, TITLE BLOCK, OWNER'S NAME, ENGINEER PREPARED BY) ❑ FOR PROJECTS INCLUDING SIGNIFICANT VERTICAL GRADE CHANGES INCORPORATING MULTIPLE GRADE BREAKS OR VERTICAL CURVES, THE GAD SHOULD INCLUDE A PROPOSED MAJOR STREET C/L PROFILE (NOT NECESSARY FOR TYPICAL ROUTINE PROJECTS) Page 3 of 3 C:\Louise\TRACT MAPS\T-5527 CECELIA BTWN SIERRA&BULLARD.doc v 1• 1 �1 1 . 1 .• 1 I 1 .n I. 1 1 1 R 1 =52' i —R=24' 54' CY b., 1 I •. 1 1 1 1 1 1 1 1 V 1 I' -1 1 .V I. 1 •1 1.• a 1 I I 1 r TRAFFIC CIRCLE REF. & REV. CITY OF FRESNO a p_ City of rn .� PUBLIC WORKS DEPARTMENT: DATE: December 15, 2005 TO: Robert Berend, Planner II 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 Section REZONE APPLICATION NO. R-05-028 OWNER (S): Image Homes, Inc. APN (S): 506-470-44s FROM: AE-5/UGM TO: R-1/1JGM LOCATION: Cecelia between Sierra and Bullard Comments/Concerns: 1. Trip Generation a. Existing: 10 Vehicle Trips per Day (VTD) b. Proposed: 115 Vehicle Trips per Day (VTD) AM Total Peak: 9 Trips PM Total Peak: 12 Trips 2. Highway Capacity a. Cecelia Avenue: Collector 1. Existing Lanes: 3 lanes undivided 17,000 VTD 2. Year Counted: 2002 4,053 VTD 3. Projected Lanes: 4 lanes undivided 24,000 VTD K A v Page 1 of 1 C:\Louise\REZONE\R-05-028 CECELIA BTWN SIERRA&BULLARD.doc Street Name Review , TM-5527 11-15-05 Street Name Status Required Change West Sierra Avenue Good West Ellery Avenue Chane West Ellery Way North Jeanne Avenue Delete North Cecelia Avenue Good ti; City of DEPARTMENT OF PUBLIC UTILITIES Date: November 29, 2005 To: Bob Berend, Planner 11 Planning and Development Department From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities,Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5527/UGM, AND R-05-28 General Vesting Tentative Tract No. 5527/UGM, and R-05-28 propose a 12-lot single-family residential subdivision, rezoning from AE-5/UGM to the R-1/UGM on 3.5 acres located on the east side of North Cecelia Avenue between West Sierra Avenue and West Escalon Avenues. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer main to serve the proposed project is a 10-inch main located in North Cecelia Avenue at West Ellery Way. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. Construct an 8-inch sanitary sewer main north in North Cecelia Avenue. 2. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. a; 3. Separate sewer house branches are required for each lot. 4. Abandon all existing on-site private sanitary sewer systems. 5. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Trunk Sewer Charge: Cornelia 4. Wastewater Facilities Charge (Residential Only) Water Requirements Comply with Water Division's letter of requirements dated November 14, 2005. >e; Y "uf P� City of WATER DIVISION Date: November 14, 2005 To: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician Department of Public Utilities, Water Division From: MICHAEL CARBAJAL, Senior Engineering Technician Department of Public Utilities, Water Division Subject: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5527/UGM The following conditions are required to provide water service to the tract. 1. Separate water services with meter boxes shall be provided to each lot created. 2. 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. 3. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 4. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. TAPROMMEMConditions of Approval\5527 111405.doc r City of DEPARTMENT OF PUBLIC UTILITIES December 8, 2005 TO: Robert Berend, Planner II Development Department, Planning Division 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 5527, Solid Waste Conditions of Approval Location: East side of North Cecelia between West Sierra and West Escalon Avenues The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5527 that was submitted by Rabe Engineering on behalf of Image Homes. 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 5527 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 t6 remain at the curbline after 8:00 p.m. on the collection day. Covenant Requirements: • There shall be no parking allowed in the cul-de-sac on the solid waste service day. The following lots shall be clear of all vehicles by 6:00 a.m. Lots 5, 6 and 7 on West Ellery Way. J:\Conditions of Approval TT5527 File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager IMAGE HOMES INC. Planning & Development Department 997 E. WIMBLEDON DRIVE City of Fresno FRESNO, CA 93720 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5527 PRELIMINARY FEE(S) (See below) M4 DRAINAG A A(S) " EF - DRAINAGE AREA " EF " $9,104.00 DATE DRAINAGE AREA TOTAL FEE $9,104.00 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. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: y 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. w" 55275469 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. X a. Drainage from the site shall be directed to Cecelia avenue. 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: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan Final Map X Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. 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, necessating appropriate floodplain management action. (See attached Floodplain Policy.) r 55275469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document Q,Y1c c FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. Eq X 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 in permit compliance, and complete an annual certification of compliance. y 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: nbnufacturing; 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. 5527 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits,eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify,reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakeman, Project Engineer: Rfe'lAyins District Engineer C: RABE ENGINEERING 2021 N. GATEWAY BLVD. FRESNO, CA 93727 5527 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 Our records indicate that there is not continuous existing curb and gutter to convey runoff to the Master Plan inlet located at Cecelia Avenue, south of Escalon 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. r; Development No. Tract 5527 t� cngr\perm its\cxhibits2\tracts\5527(rl) H 44 Planning C vi.slon Develop�-. on 'l 7J G \7— rfwtvVi P6 CI1 May 18, 2006 rKz Mr. Nick Yovino, Director City of Fresno I`"'" W�' Development Department P Floor, City Hall Fresno CA 93721 Subject: CONDIITONS OF APPROVAL, VESTING TENTATIVE TRACT NO. 5527/UGM LOCATED AT CECELIA AND ELLERY-REQUEST TO REMOVE CONDITION NO. 68 TO CONSTRUCT A TRAFFIC CIRCLE Dear Mr. Yovino, On April 18, 2006, the Fresno City Council heard and adopted Ordinance No. 2006-45 approving this project. This approval included accepting the"Conditions of Approval' for this Vesting Tentative Tract 5527, which contained several conditions that must be met to complete this Tract. Item No. 68 to construct a Traffic Circle at the intersection of Cecelia and Ellery has now raised several concerns as the design phase of this condition has evolved. On behalf of our client, Image Homes, we request this condition be waived due to existing drainage conditions that will result in an unsafe roadway for vehicles. During the preparation of design schematics for review and approval by Public Works, Traffic Engineering and Engineering Services for the traffic circle, we noticed design concerns that effected drainage and traffic at this location. It became apparent that the existing valley gutter and drainage at the west leg of Ellery must remain in tact since there are no FMFCD facilities in these streets. All drainage remains on the surface of the roadway as water drains south to Escalon Avenue. Examining vehicle tracking around the circre, we find the path of travel will result in vehicles traveling across sloped areas of valley gutter on an angle askew to its long axis causing the vehicle to rock from side to side as it crosses the valley gutter. During rainfall events the valley gutter will carry water,worsening an already unsafe condition for traffic. We evaluated removal of the valley gutter to find extensive removal of existing street, curb and gutter and sidewalk to the west leg of Ellery would be required due to existing street grades. Changing street grades would also impact the lot grades of existing homes. Mr. Nick Yovino May 18, 2006 Page 2 These same circumstances are found to apply to the design for the east leg of Ellery as required for construction by our project. All drainage flows south along Cecelia, necessitating a valley gutter at the intersection of Ellery and Cecelia similarly placing traffic patterns into the valley gutter as vehicles travel around the traffic circle. After several meetings with Public Works, it is with the agreement of Scott Mozier and Bryan Jones of Traffic, and Gary Witzel of Engineering, that this location is not appropriate for a traffic circle for the reasons mentioned. A Stop Sign will be installed on the east leg of Ellery and there will be a two-way left turn lane in Cecelia, thus allowing traffic emerging from Ellery to Cecelia to have a safety zone to enter, if need be, before entering on Cecelia, which is a low volume Collector street. Based on the above comments, we request your consideration and approval to remove Condition of Approval No. 68 for Vesting Tentative Tract No. 5527, in order that street improvement plans may be completed for submittal to the City. Should you have any questions, or desire additional information, please do not hesitate to contact me. Very truly yours, RABE ENGINEERING, INC. Gregory T. Merrill Cc: Kevin Mulligan, Image Homes John Allen, Image Homes Scott Mozier, City of Fresno, P.W. —Traffic Bryan Jones, City of Fresno, P.W.-Traffic Gary Witzel, City of Fresno, P.W.-Engineering J12005-Project Documents/05-034/Ur.Remove condition No.68.doc Kem Uyesaka- Request for Meeting with Nick Yovino 1 From: "Bob Madewell'<bmadewell c@rabeengineering.com> To: <Kerri.Uyesaka@fresno.gov> Date: 6/14/2006 11:09 am Subject: Request for Meeting with Nick Yovino Hi Kerry, Im working for Rabe Engineering now. We would like to set up a meeting with Nick Yovino (myself and Greg Merrill)to discuss a letter we sent to Nick about 3 weeks ago that we need a response to. It is a letter requesting the deletion of a traffic circle at Cecelia and Ellery Ave. for Tract 5527-Image Homes. have attached a copy of the letter. Could you please discuss this with Nick and schedule us for a meeting for about 30 min. or less. This is the last thing holding this tract from submittal to the City with Street Drawings etc. Please let me know. Sometime early next week is best. 30 San .Joaquin valley Air Pollution Control District November 18, 2005 Reference No. C200501614� City of Fresno Attn: Robert Berend 2600 Fresno Street Fresno CA, 93721-3604 Subject: T-5527, R-05-28—Image Homes, Inc. (APN: 506-470-445) Dear Mr. Berend: 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 roads, carryoui and irackout, iandfiii operations, etc. If a residential site is i.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities as specified in Section 6.4.1 of Rule 8021. The District's compliance assistance bulletin for construction sites can be found at: http://www.valleyair.org/busind/comply/PM 10/Req%20VII I%20CAB.pdf. A template of the District's Construction Notification Form is available at: http://www.vallevair.org/busind/comply/PM10/forms/Req%20VI I I%20Notification%20-%2011-17- 2004.pdf. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning)This rule regulates the use of open burning and specifies the types of materials that 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 s Rule 4103 and be subject to District enforcement action. Mr.Berend November 18, 2005 Image Homes,Inc. 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) This rule 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 on our website at www.vaflevair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at (559)230-5968. Rule 4902 (Residential Water Heaters) This rule limits emissions of NOx from residential developments. The District encourages innovation in measures to reduce air quality impacts. There are a number of measures 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 measures listed below should not be considered all-inclusive and remain options that the project proponent should consider: • Trees should be carefully selected and located to protect the buildings from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see htti3://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.org/ For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.lgc.orq/bookstore/ener9y/downloads/siv treeguidelines.pdf • 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. Pathways through the project should be built in anticipation of future growth/development. Mr.Berend November 18, 2005 Image Homes, Inc. Page 3 • As many energy conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency(above California Title 24 Requirements) See http://www.eneray.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/prdas/brochures/paintguide.htmI - High-albedo (reflecting)roofing material. See http://eetd.lbi.gov/cooiroof/ - Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Install geothermal heat pump system(s) - Programmable thermostat(s)for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.or-q - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site - More information can be found at: http://www.ciwmb.ca.gov/Gr6enBuilding/, _h_ttp://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergyicenter.ora/index.htmi • 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. Mr. Bernnd November 18, 2005 Image Homes, Inc. Page 4 • The applicant should use California Air Resources Board (CARB) certified alternative fueled engines in construction equipment where practicable. Alternative fueled equipment may be powered by Compressed Natural Gas (CNG), Propane (LPG), electric motors, or other CARB certified off-road technologies. To find engines certified by the California Air Resources Board, see their certification website http://www.arb.ca.gov/msr)roq/offroad/cerUcert.php. For more information on alternative fuel engines, please call Mr. Chris Acree, Air Quality Specialist, at(559) 230-5829. • Construction equipment should have engines that meet the current off-road engine emission standard (as certified by the California.Air Resources Board), or be repowered with an engine that meets this standard. Tier I and Tier II engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the California Air Resources Board, see http://www.arb.ca.gov/msi)rog/offroad/cerUcert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at (559)230-5831. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at(559)230-5820 and provide the reference number at the top of this letter. Sincerely, ector R. G Senior Air uality Planner Central Region HRG:cxt Enclosures c:rile r; 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,Trackout occur when materials from emptied or Idaded 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, ora combination thereof at each exit point from the site. a Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet. Storage Piles and Bulk Materials have handling, storage; and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing.wind barriers to limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700'M'Street,Suite 275 Modesto,CA 95356-9321 Fresno,CA 93726-0244 Bakersfield,CA 93301-2371 } (209)557-6400 ♦ FAX(209)557-6475 (559)230-6000 ♦ FAX(559)230-6062 (661)326-6900 ♦ FAX(661)326-6985 with applying water to the top of the load, and covering the cargo compartments are effective measures for reducing VDE and carryout from vehicles transporting bulk materials. Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces where materials may fall. Consider all structures slated for demolition as possibly being regulated because of asbestos, per District Rule 4002 - National Emission Standards for Hazardous Air Pollutants. Contact the District well before starting because a 10 working day notice will. likely be required before a demolition can begin. Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented before, during, and after any dust generating activity for the duration of the project. Owners or operators are _ required to submit plans to the District if, at anytime, the project involves: • Residential developments of ten or more acres of disturbed surface area. • Non-residential developments of five or more acres of disturbed,surface area. • Relocating more than 2,500 cubic yards per day of materials on at least three days. Construction activities may not commence until the District has approved the Dust Control Plan. Notification by owners or operators of construction projects that are at least one acre in size and where a Dust Control Plan is not required, must provide written notification to the District at least 48 hours in advance of any earthmoving activity. Record Keeping is required to.document compliance with the rules and must be kept for each day'any dust control measure is used. The District has developed record forms for water application, street sweeping, and "permanent"controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Records must be kept for one year after the end of dust generating activities .(Title V sources must keep records for five years). Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all Regulation VIII requirements and Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities exempts the following construction and earthmoving activities: - • Blasting activities permitted by California Division of Industrial Safety. • Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the existing building or less than 10,000 square feet (due to asbestos concerns, contact the District.at.least two weeks ahead of time). Additions to single family dwellings. • The disking of weeds and vegetation for fire,prevention on sites smaller than % acre. • Spreading of daily landfill cover to preserve public health and safety and to comply with California Integrated Waste Management Board requirements. Nuisances are prohibited at all times because District Rule 4102 Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is important to monitor dust- generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive dust. For more information please contact the Compliance Division of the District office nearest to you. Information. on Regulation VIII, where you may obtain copies of record keeping forms, the Dust Control Plan template, and the Construction Notification form, is available on the District's website at: www.valleyair.org - N Op U U C T N N C � N N I �•�' -k. > 00 L•+ 0 > E 4 O Y d Y Y N f0 � o m 0 m w 0o E f- " N m J r•+ C L N X y f0 a E E aYmi N co N '� N E �_ c a `� 3 Y 3 m N C N O 0 y Y 0 �„'• +O+ OO N N d Y N y mo" " m y0 N m C C r•+ N > o U E O C o f0 t +••I N m m t o c a� a o N N E v c N3 O C C °~ ,v_ m 3 O o c o al Z m N .O d Y L Y 0 •N �O Y C �5 E N > o. 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CO l0 N a m o m o c �' a °' E a o � v a E CL a> > co c ,t„ v y a> m c _ p. 3o z m o N O a c N c c - 0 7 N G N M i•+ .. Y 'D Y N 0 ci L �R N 16 �' T m 0 00 N L L T U c 3 E + - E O t L L m C O o a� .o w m a� � m m ^_ m O �•,I O L C C N !n 3 Cl) V -L) Q_ N = C. a.1 y o t > « a� 3 m N 0 G U- 0 f- • • • f • • 1 hr.5' � r `,•r � t ..?�ad �� .' `� �a "'3 y .r ti: } r 3 y a f • of � �, • k;; ', "F. z.c MAS +Mt L Y�I"R t3 ,. 14 iC it rA xL < r MIA&f '��. 1"-'S 1 .ice ��`i,'S�.�^�"v�W�`'{�h'� • �y�+�'.xE.i.s�v]-t T j"�p� r. �.. • d 1�.' A nom.. 4•r! ' �sw:\fit- ..:j¢ .�� r' OFFICES OF LOh PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water November 10, 2005 Mr. Robert Berend City of Fresno Planning and Development Dept. 2600 Fresno Street, 3rd Floor Fresno, CA 93721-3604 RE: TM No. 5527 & RA No. R-05-28 Dear Mr. Berend: FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicant's 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�fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I Agencies\City\TM5527 R-05-28 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO P Pacific Gas and Electric Company Corporate Real Estate 650"0"Street, Bag 23 South Valley Land Services Fresno, CA 93760-0001 November 16, 2005 l Development Department Engineering Services Division ��_ Land Division Section t! 3 V 1 7 12..,''15 2600 Fresno Street, Room 3043 Fresno, CA. 93721-3604 Attn: Mr. Robert Berend V Dear Mr. Robert Berend, We have reviewed Tentative Tract Map No. 5527. PG&E requests that a Public Utility Easement (PUE), ten feet (10') in width, be dedicated contiguous to all street(s) boundaries located within and along any portion of said Tract Map boundaries fronting any street(s) lying outside of said Tract Map. PG&E also requests that a PUE be incorporated within all private roads. PG&E may further require an easement from the property owner(s) over the newly created PUE's. The exact size and locations of the PUE's together with the need for an easement will be finalized on the final map review. PG&E's records show no gas or electric transmission facilities in the area. Existing gas or electric facility relocations necessitated by new street improvements (which are required as conditions of a development's final acceptance by the City of Fresno) will be at the expense of the developer. Thank you for the opportunity to review the plans of this Tentative Tract Map. If you have any questions, please contact me at 263-5167. Sincerely lee Land Agent 5 CITY OF FRE�40—ENVIRONMENTAL ASSESSMEN, 1 INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 RHEII , EB Pursuant to Section 21157.1 of the California Public Resource Code DATE RECEIVED FOR FILING: (California Environmental Quality Act) the project described below is 2005 DEC 15 AM 10: 05 determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan CITY CLERK, FRESNO CA: Initial study is on file in the Planning and Development Department, City Fall, 2600 Fresno Street, Fresno, California 93721 (559)621-8277 Applicant: Image Homes, Inc Initial Study Prepared By: 997 East Wimbledon Drive Robert Berend, Planner Fresno, CA 93720 December 15, 2005 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-05-28 East side of North Cecelia Avenue, between West Vesting Tentative Map Application No. T-5527/UGM Sierra and West Ellery Avenues. APN: 506-470-44s Project Description: Image Homes, Incorporated has filed Rezone Application No. R-05-28 and Vesting Tentative Tract Map No. 5527/UGM pertaining to approximately 4.80 acres of property located at the east side of North Cecelia Avenue between West Sierra and West Ellery Avenues. Rezone Application No.'R-05-28 is a request to rezone the 4.80-acre subject property from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family ResidentiaUUrban Growth Management) zone district. Vesting Tentative Tract No. 5527/UGM proposes a 12-lot single-family residential subdivision and installation of related facilities and infrastructure, consistent with the existing medium density residential planned land use designation (4.99 to 10.37 dwelling units per acre). The property is within the boundaries of, and consistent with the 2025 Fresno General Plan and Bullard Community Plan area plans and policies. The project also includes the vacation of North Jeanne Avenue between West Ellery and West Sierra Avenues. The subject site is currently vacant. The properties directly to the west are developed with single-family dwelling units. The properties to the south are developed with multiple family dwelling units. Abutting the subject property to the east and north are the Santa Fe Railroad line and a local road. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The 2025 Fresno General Plan and Bullard Community Plan designate the property for medium density residential planned land uses. The R-1/UGM (Single Family Residential/Urban Growth Management) zoning proposed for the subject property conforms to the listed medium density planned land.use designation of the 2025 Fresno General Plan (Table 2, Planned Land Use and Zone District Consistency Table) and pursuant to Section 12-403-B-2 of the Fresno Municipal Code. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed rezoning in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed for development in the future with single family residential uses at an intensity and scale that is permitted by the planned land use and zone designation for the site. Thus, development 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). Finding of Conformity Under MEIR o o. 10130 Environmental Assessment No. TT-5527, Rezone No. R-05-028 December 15, 2005 Page 2 Per Section 21157.1 of the California Public Resources Code (Califomia Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium density residential land use designation specified for the subject parcel. Based on this initial study, the proposed project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). /2//S'/vS arrell Unruh Date Planning Manager, City of Fresno KAMaster Files-Tracts\TT-5527,R-05-028 Finding of Conformity Attachments: Vicinity Map Environmental Checklist/Initial Study for Environmental Assessment No. R-05-028, TT-5527 Mitigation Monitoring Checklist(MEIR No. 10 130) for Environmental Assessment No. R-05-028, TT-5527 ENI 'ONMENTAL ASSESSMENT (EA) CF '�KLIST eOTENTIAL ENVIRONMENTAL EFFE%..;S EA NO. R-05-28/T-5527 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 220 AIR QUALITY 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 "0" Insufficient Information residential areas Insufficient information is available to determine the 1 8.2 Exposure of residences to high levels of glare 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 1 9.3 Induces unplanned growth The , proposed project will not have an adverse 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration. 1 10.1 Generation of vehicle traffic sufficient to cause capacity ,.2" Moderate Environmental Effect deficiencies on existing street system The proposed project will have an adverse environmental . 1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. However, this effect is not pedestrians substantial enough in itself to require the preparation of an 1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigable through 1 10.5 Insufficient or poorly located parking project changes and conditions. 1 10.6 Substantial increase in rail and/or air traffic "3" Significant Adverse Environmental Effect The environmental effect identified in this category substantiates in itself or contributes towards a finding that the proposed project has a potentially significant adverse effect on the environment sufficient to require the preparation of an Environmental Impact Report. _ s y x LL r r�•w3:< W X f X N ^",,z O T ia. ID X x /� A' ,�.,,{{4��,+ 4 4'� 1�M1y4 M1 P T m W 1W �' S •r Skr"A "Ya." 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XIVi «' D -0 o � a v C (D 8( CL a' n CD m o CJI 3 � `x m X1. -„ IYV V.'1 b.C JIJJ 7.G4HM L HL I KH11b t'LH111111Y1-7 NU,bb( N_1/;Cf _ - CITY OF FRESNO - ENVIRONMENTAL ASSESSMENT REQUEST FOR COMMENT/INFORMATION Page 1 of 2 COMMENT DEADLINE: DECEMBER 1, 2005 FILE NO.: T-5527, R-05-28 TO: RETURN TO: PLANNING DIVISION Development Department Caltrans District No. 6 2600 Fresno Street Marc Birnbaum Fresno, CA 93721-3604 Attn: Steve Curti ATTENTION:ROBERT BEREND P.O. Box 12616 FRP - CA 91778 Phone: (559) 621-8060 PROJECT DESCRIPTION: Vesting Tentative Tract No.5527/UGM and Rezoning Application No. R-05-28,a 12-lot single-family residential subdivision, rezoning from AE-5/ugm to R-1/ugm on 3.5 acres located on the east side of North Cecelia Avenue between West Sierra Avenue and West Escalon Avenues. LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT, PLEASE LIST SPECIFIC MITIGATION MEASURES THAT YOU WOULD RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS. DATE MAILED: NOVEMBERS, 2005 Should you not respond by the date indicated for the comment deadline $Lt the top of this page, it wili be assumed that the project's impacts are not of a magnitude to merit response in terms of your particular expertise of area of concern. K �- N O V 1 2005 j1 0 —:PROD/1 E.A. Request for Comment/Information REQCOMM-FORM NOV. 16.2005 V:24HM UHL fHHNb F'LHNNlrib NV.bU( F'.2/2 Page 2 of 2 THE INITIAL STUDY EVALUATING THE PROJECT SHOULD RESULT IN: 0 AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environmental Impact Report. D NEITHER OF THE ABOVE, THERE IS INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The following additional information should be provided: .I O�� n P ��rrC 10I� �$�j l� t 0.��CIJ?S• ,lam/C�.»l7l' �/ REVIEc _ y� 7 tint Name, Title) (Signature) (Phone) 7Che4ckif you need a copy of the initial study Use this space for additional information if needed_ ——:PROJ/2 E.A. Request for Commentlinfornmtion REOCOMM.FORM i