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HomeMy WebLinkAboutT-5538 - Conditions of Approval - 2/6/2009 C'"°' REPORT 1 O THE PLANNING COMMISSION AGENDA ITEM NO. vTzz-A COMMISSION MEETING 5/17/06 May 17, 2006 APPROVED BY FROM: STAFF, Planning Divisi n _ Planning and Develop nt rtm n DEPARTME I ECTOR SUBJECT: CONSIDERATION OF REZONE PPLICATION NO. R-05-71, VE TING TENTATIVE TRACT MAP NO. 5538/UGM AND CONDITIONAL USE PERMIT APPLICATION NO. C-05-201 AND ENVIRONMENTAL ASSESSMENT NO. R-05-71/T-5538/C-05-201 EXECUTIVE SUMMARY Hansen Edenbridge Fresno Venture, on behalf of Ag Land Development Co., has filed Rezone Application No. R-05-71, Vesting Tentative Tract Map No. 5538/UGM, and Conditional Use Permit Application No. C-05-201 pertaining to approximately 19.09 gross acres of property located on the northwest corner of North Polk and West Dakota Avenues. Rezone Application No. R-05-71 proposes to reclassify the subject site from the RR (Rural Residential (County of Fresno]) zone district to the R-2/UGM (Low Density Multiple Family ResidentiaUUrban Growth Management) zone district. Vesting Tentative Tract Map No. 5538 proposes to subdivide the property into a 93 lot, single family residential subdivision. Conditional Use Permit Application C-05-201 proposes a planned development, which includes reduced lot sizes and setbacks. In addition, the subdivision will provide a 6,613 square foot park and various pedestrian paths throughout the site, which will allow residents to access the park and the proposed bus bay along North Polk Avenue with relative ease. The 2025 Fresno General Plan and the West Area Community Plan designate the subject site for medium-high density residential planned land uses which according to the land use consistency table allows 10.38 to 18.15 units per acre. The applicant wishes to pursue a development of the subject property with a 93 lot single family residential planned development subdivision at a density of 5.23 dwelling units per acre. The medium-high density residential planned land use designation requires a density of 10.38 to 18.15 units per acre. However, pursuant to Section 12-403-B-2-b-1 of the Fresno Municipal Code (FMC) a lower density is allowed if the site is developed with a density not less than the minimum density of the next lowest planned land use designation. The density allowed at the next lowest planned land use designation is medium density residential which requires a density of 4.99 to 10.37 dwelling units per acre, thus, the proposed 5.23 dwelling units per acre for the project site is allowed and is consistent with the planned land use designation. The applications would bring the subject property into conformance with the 2025 Fresno General Plan and the West Area Community Plan, pursuant to Section 12-403-13-2 of the Fresno Municipal Code. PROJECT INFORMATION PROJECT A 93-lot, single family residential subdivision to be developed at an overall density of 5.23 units per acre APPLICANT Hansen Edenbridge Fresno Venture, on behalf of Ag Land Development Co. LOCATION Northwest corner of North Polk and West Dakota Avenues (Council District 1, Councilmember Boyajian) SITE SIZE Approximately 19.09 gross acres (17.78 net acres) LAND USE Existing - Two existing single family homes which will be demolished as part of this project Proposed - Single family residential REPORT TO THE PLANNING �,OMMISSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 2 ZONING Existing - RR (Rural Residential[County of Fresno]) Proposed- R-2/UGM (Low Density Multiple Family Residential/Urban Growth Managemeno PLAN DESIGNATION The proposed R-2/UGM zone district and 93 lot single family AND CONSISTENCY residential subdivision are consistent with the 2025 Fresno General Plan and West Area Community Plan designation of the site for medium-high density residential planned land uses pursuant to Section 12-403-13-2 of the FMC ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) dated March 16, 2006 PLAN COMMITTEE The West Area Citizen Advisory Committee reviewed and RECOMMENDATION recommended approval of the rezone, tract map, and conditional use permit applications at their meeting on February 6, 2006 STAFF Recommend approval of the rezone application to the City Council RECOMMENDATION and approve the vesting tentative tract map and conditional use permit application subject to compliance with the Conditions of Approval for T-5538/UGM dated May 17, 2006 and Conditions of Approval for C-05-201 dated May 17, 2006 BORDERING PROPERTY INFORMATION Planned Land Existing Zoning Existing Land Use Use Medium-Low Density North Residential RR (County of Fresno) Rural Residential Medium Density Rural Residential Residential South Medium Density RR (County of Fresno) Industrial Residential Rural Residential Agriculture R-1/UGM Medium Density Residential Single Family Residential/Urban Growth East Management Single Family Residential Medium-High Rural Residential/Ranch Density AE-5/UGM Residential Exclusive Five Acre Agricultural/Urban Growth Management West Medium Density RR(County of Fresno) Vacant Residential Rural Residential REPORT TO THE PLANNING COP. .FISSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 3 ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the West Area Community Plan area including the Master Environmental Impact Report (MEIR No. 10130) for the 2025 Fresno General Plan. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of the Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 16, 2006, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on March 16, 2006, with no comments received to date. BACKGROUND /ANALYSIS Hansen Edenbridge Fresno Venture, on behalf of Ag Land Development Co., has filed Rezone Application No. R-05-71, Vesting Tentative Tract Map No. 5538/UGM, and Conditional Use Permit Application No. C-05-201 pertaining to approximately 19.09 gross acres of property located on the northwest corner of North Polk and West Dakota Avenues. Rezone Application No. R-05-71 proposes to reclassify the subject site from the RR (Rural Residential [County of Fresno]) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract Map No. 5538 proposes to subdivide the property into a 93 lot, single family residential subdivision. Conditional Use Permit Application C-05-201 proposes a planned development, which includes reduced lot sizes and setbacks. In addition, the subdivision will provide a 6,613 square foot park and various pedestrian paths throughout the site, which will allow residents to access the park and the proposed bus bay along North Polk Avenue with relative ease. The 2025 Fresno General Plan and the West Area Community Plan designated the subject site for medium-high density residential planned land uses which according to the land use consistency table allows 10.38 to 18.15 units per acre. The applicant wishes to pursue a development of the subject property with a 93 lot single family residential planned development subdivision at a density of 5.23 dwelling units per acre. The medium-high density residential planned land use designation requires a density of 10.38 to 18.15 units per acre. However, pursuant to Section 12-403-B-2-b-1 of the Fresno Municipal Code (FMC) a lower density is allowed if the site is developed with a density not less than the minimum density of the next lowest planned land use designation. The density allowed at the next lowest planned land use designation is medium density residential mhich requires a density of 4.99 to 10.37 dwelling units per acre, thus, the proposed 5.23 dwelling units per acre for the project site is allowed and is consistent with the planned land use designation. The applications would bring the subject property into conformance with the 2025 Fresno REPORT TO THE PLANNING �JMMISSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 4 General Plan and the West Area Community Plan, pursuant to Section 12-403-B-2 of the Fresno .Municipal Code. Conditional Use Permit Application (CUP) In addition to submitting a vesting tentative tract map and rezone application, the applicant has also submitted Condition Use Permit Application No. C-05-201 for the subject property. According to Section 12-306-N-21 of the Fresno Municipal Code (FMC), a conditional use permit is required in order to create planned developments. As part of the conditional use permit, an applicant may request a modification of development standards, including lot size, setbacks and yard areas. The applicant is proposing a planned development for all 93 lots. A majority of the proposed lots will range between 5,000 square feet to approximately 6,500 square feet, with some outliers. Thus, the parcels are relatively smaller in comparison to single family residential lots found in conventional subdivisions which are often 6,000 square feet in area. As a result, the applicant is also proposing reduced yards, which includes an 18 foot front yard setback, rather than 20 feet. Staff supports the applicant's request which will ensure that variable front yard setbacks are provided, creating visual interest in the subdivision. The conditional use permit portion of this project (i.e. the smaller lots) implements several of the goals of the 2025 Fresno General Plan. One of these goals, Goal Number 5 of the 2025 Fresno General Plan states that the city supports the "Landscape of Choice-Principles and Strategies" as defined in Appendix A. Appendix A of the 2025 Fresno General Plan provides guiding principles for the Land Use Element of the 2025 Fresno General Plan by promoting development that utilizes urban land use as efficiently as possible. One such objective, Land Use/Residential Objective C-10, is aimed at "Promot[ing] the development of more compact, pedestrian friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and material." Since this project allows for the development of more compact single family residences, it will help to accomplish this objective. In short, the proposed project is different from conventional subdivisions given that it provides shared open space and smaller lot sizes leading to a unique sense of community that is not commonly found in conventional single family developments. West Area Community Plan Advisory Committee The subject property is located within the boundaries of the West Area Community Plan. The West Area Community Plan Advisory Committee reviewed and recommended approval of the project at their February 6, 2006 meeting, subject to the following conditions: • The conditional use permit application approval is contingent on the approval of Vesting Tentative Tract Map No. 5538. • A four-way stop at North Polk and West Dakota Avenues shall be included with street improvement plans and installed prior to building permits. A preliminary all-way stop controlled intersection volume warrant performed by the City of Fresno Traffic Engineering Division based on the Manual of Uniform Traffic Control Devices was not satisfied for the intersection of Polk Avenue/Dakota Avenue for existing, near-term, or cumulative 2025 volumes. The developer shall perform an all-way stop controlled warrant prior to occupancy of REPORT TO THE PLANNING COt FISSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 5 the first unit and if the warrant is satisfied work in coordination with Fresno County and City of Fresno to install stop signs and pavement markings for an all-way stop controlled intersection. Land Use Plans and Policies The subject site is designated for medium-high density residential planned land uses by the 2025 Fresno General Plan and the West Area Community Plan. The proposed zone district and subdivision are consistent with the planned land use designation. In addition, the following development standards and policies are applicable: Policy W-6-a of the West Area Community Plan The following interface standards shall be mandatory when proposed single-family subdivisions with lots averaging less than 12,500 square feet in size abut one or more rural residential parcel(s) that is/are (1) between one-half and two acres in size and(2) developed with at least one dwelling unit. • There shall be a minimum rear yard building setback according to the following standards: for single-story structures, the rear yard setback shall be 30 feet. Rear-yard encroachments may be permitted for single-story structures per the provisions of the FMC. However, in no case shall the rear yard setback be reduced to less than 20-feet by means of these encroachments. for two-story structures, the minimum building setback shall be 40 feet. For those two-story structures with no rear-facing windows above the first floor, or for those portions of two-story structures which have no rear-facing windows above the first floor, rear yard encroachments may be permitted per the provisions of the FMC. However, in no case shall the rear-yard setback be reduced to less than 20 feet by means of these encroachments. • There shall be a six-foot high solid wall or approved architecturally-designed solid fence (meeting requirements of the FMC) provided along the side and rear property lines between new single- family uses and the above-defined rural parcels. Subdivision Design/Streets and Access Points This subdivision is proposed to have two access points, one to North Polk Avenue and another to West Dakota Avenue. There will also be a pedestrian access point to North Polk Avenue between lots 22 and 23 which allows individuals to access the proposed bus bay. Interior streets will be connected throughout the proposed subdivision. Landscaping/Common Open Space The applicant is proposing a 15-foot landscape easement (and irrigation system) along the property lines of lots which back and side-onto West Dakota Avenue, meeting West Area Community Plan Policy W-3-c, and a 20-foot landscape easement (and irrigation system) along the property lines of lots which back and side-onto North Polk Avenue, in accordance with West Area Community Plan Policy W-3-b. The applicant will also be required to install a six foot high solid masonry wall at the rear of these landscape easements. In addition to providing landscaping and wrap-around walls at the entry points of the subdivision from the adjacent major streets, improving the visual image, the applicant is also proposing an approximately REPORT TO THE PLANNING uJMMISSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 6 6,613 square foot park within the subdivision. The park will be accessed by public streets on two sides and will also be connected to the subdivision by a web of pedestrian walkways that will provide access to residents, and will encourage both active and passive recreation opportunities. Furthermore, the walkways, which vary in width, will promote active modes of transportation. In addition to the park and web of internal pedestrian walkways, the applicant is providing a 23-foot landscape pedestrian easement from North Polk Avenue into the subdivision. Even more so, the park, along with the pedestrian walkways, will help meet several of the goals of the 2025 Fresno General Plan, including Goal No. 10 which states that we (i.e. the City along with developers) "provide quality open space, park and recreational facilities..." and also Policy F-3-i which states that "the location of park and recreation sites should be central and accessible to the population served, while preserving the integrity of the surrounding neighborhood." By placing the park within the subdivision, linked to the proposed neighborhood via walkways, the proposed map will provide individuals, specifically younger children and persons with physical limitations the opportunity to visit the park in a safe and relatively easy path of travel. Furthermore, by placing the park within the subdivision and open on two sides, it will allow passers-by the opportunity to monitor the park while also creating a safe environment for those taking advantage of the many opportunities it provides. Immediately at the intersection of West Dakota and North Polk Avenues, the applicant is also proposing 5,523 square feet of landscaped area. Lot Area and Dimensions The FMC requires that all lots within the R-2 zone district provide a minimum lot width of 60 feet and depth of 100 feet, with the exception of lots on curved streets and reversed corner lots and a minimum lot size of 6,000 square feet. Lots within planned developments may have modified lot widths, depths and areas. The majority of the proposed lots are between 50 and 57 feet in width and 100 feet in depth. Although the proposed lots are smaller in area in comparison to standard single family residential lots, the site as a whole is intended to achieve a more compact, pedestrian friendly neighborhood which will provide future residents with common open space. Setbacks Lots within the R-2 zone district typically have a minimum front yard setback of 20 feet and a rear yard of 20 feet. The applicant is proposing a planned development for the subdivision which allows for modified development standards. The applicant is proposing 18 foot front yards, rather than the conventional 20 feet. By doing so, this will ensure that there will be a varied streetscape with alternating the front of the proposed homes from 18 feet to 20 feet from the public right-of-way depending on the floor plan being used. Furthermore, pursuant to policy W-6-a of the West Area Community Plan, the applicant must maintain a 30-foot rear yard building setback for single-story homes and a 40-foot rear yard building setback for two-story homes. Public Services Water Resources and Public Water Supply The Water Division of the Public Utilities Department has determined that there is an adequate source of water available to serve the project with the implementation of the Urban Growth Management (UGM) service delivery requirements, the environmental impact mitigation measures, and the construction of a water supply well. It should also be noted that adverse groundwater conditions of limited supply and compromised quality have been well-documented by planning, environmental impact report, and technical studies over the past 20 years including the Master Environmental Impact Report No. 10130 for the 2025 Fresno General Plan, Final EIR No.10100, Final EIR No.10117, Final EIR No. SCH 95022029 REPORT TO THE PLANNING COL iSSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 7 (Fresno Metropolitan Water Resource Management Plan) et al. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the Fresno Metropolitan Area. Furthermore, the applicant will be required to meet Federal and State Drinking Water Act Standards by providing two independent sources of water. The two-source water requirement may be accomplished through a combination of water main extensions, construction of a water supply well (or wells if necessary), or other acceptable sources of water supply approved by the Water Systems Manager. Sewage Collection System Capacity The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis Regional Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity was expanded to accommodate up to 80 million gallons per day, and was upgraded with modernized equipment to safeguard against equipment failures. However, in an attempt to serve the anticipated 790,000 metropolitan area population for the year 2025, one or more sub-regional treatment and reclamation facilities will be required. Regardless, sanitary sewer service is available to serve the site, subject to the mitigation measures imposed with the environmental assessment, and any necessary sewer main extensions and connections. Fire Protection Services The project site is located within the city's UGM area. Fire service will be provided by City of Fresno Fire Station No. 16, within two miles of the subject property. Central Unified School District The project site is served by the Central Unified School District and is within the attendance boundaries of Steinbeck Elementary School (West Dakota and North Milburn Avenues), Rio Vista Intermediate School (West Palo Alto and North Bryan Avenues), and Central High School- East Campus (West Dakota and North Cornelia Avenues). Due to the distance of these schools from the subject property, the applicant will be required to install a permanent school bus pull-out along southbound Polk Avenue or westbound Dakota Avenue. The District has indicated that it will be able to accommodate the new students that will be generated by the proposed subdivision at the schools of attendance indicated above. The applicant will be required to pay the current development fees for all new residential development in accordance with a resolution adopted by the Central Unified School District pursuant to Government Code Section 65995 and Educational Code Section 17620 at the time of building permits. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 93 single-family residences, and the surrounding planned land uses designated by the 2025 Fresno General Plan and West Area Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards including the Urban Growth Management program. Both plans designate North Polk Avenue as an arterial street and West Dakota Avenue as a collector street. Arterial streets are typically developed with four to six lanes of divided roadway, with somewhat limited access to abutting properties and their primary purpose is to move traffic between plan areas and to state highways and expressways, while collector streets are typically developed with two travel lanes in each direction REPORT TO THE PLANNING I,vMMISSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 8 without a median island. However, all street standards provide for a widened pavement width at major street intersections to allow for exclusive left-turn and right-turn lanes as well as bus bays or turnouts. As required by the mitigation measures established by the certification of MSIR No. 10130, a Traffic Impact Study (TIS) was prepared by VRPA Technologies, Inc. (dated July 27, 2005) to evaluate the number of vehicle trips projected to be generated by the proposed project. Utilizing the Highway Capacity Software (HCS) based on the 2000 Highway Capacity Manual, this analysis predicts the number of vehicle trips that will be generated from the proposed project and surrounding planned land uses, and the direction in which these trips will travel. The TIS analyzed the intersections at State Route 99 northbound and southbound ramps at Shaw Avenue; Gettysburg and Polk Avenues; Ashlan and Polk Avenues; Dakota and Polk Avenues; Shields and Polk Avenues; State Route 99 northbound and southbound off ramps at Ashlan Avenue; Polk Avenue between Dakota and Shields Avenues; Polk Avenue between Dakota and Ashlan Avenues; and Polk Avenue between Ashlan and Gettysburg Avenues; Shaw Avenue between State Route 99 and Golden State Boulevard; and Ashlan Avenue between State Route 99 northbound ramps and Marks Avenue. At 93 single family residential dwelling units, the project is expected to generate an average of approximately 890 vehicle trips per day (VTD). Of these vehicle trips, it is projected that 69 will occur during the morning (7 to 9 a.m.) peak hour travel period and 94 will occur during the evening (4 to 6 p.m.) peak hour travel period. There have been numerous projects recently approved within the surrounding area and therefore the traffic impact study calculated trip generation based on the cumulative impact of the project within the study area. The proposed project, as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the UGM Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to design traffic signal plans for the intersection of Ashlan and Polk Avenues as well as conducting a traffic signal warrant study for the intersection of Ashlan and Polk Avenues at the time of first building permit is issued. State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has commented that development of the proposed project together with adjacent proposed developments will cause impacts to the State Highway System. It is the recommendation of Caltrans that this proposed project should contribute its proportional share of $12,726 for the proposed improvements of the SR 99 interchanges at Shaw and Ashlan Avenues. The comments provided by the California Department of Transportation are outlined in more detail in the letters attached to Vesting Tentative Tract Map No. 5538/UGM, Conditions of Approval, dated May 17, 2006. At this time the city is working with Caltrans to develop a legally permissible means for collecting state facility traffic impact fees. A legally permissible means for collecting impact fees under the Mitigation Fee Act (California Government Code §§ 60000, et seq.), among other things, would require a capital improvement plan, a nexus/rough proportionality study that demonstrated a property owner/developer's proportionate share of costs to those capital improvements, and an accounting system for using funds collected. The City of Fresno, together with the County of Fresno and other cities, has partnered with the Fresno County Council of Governments and Caltrans on a regional study of state highway facility capacity and REPORT TO THE PLANNING COQ JSSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 9 measures needed to preserve and improve capacity of those facilities. This study focuses on facilities projected to be most impacted by projected increases in traffic, identification of the sources and patterns of vehicle traffic within the greater metropolitan area and the improvements that would be necessary to provide adequate vehicular capacity. Findings from this study may allow proportionate traffic impact fees to be implemented by cities and counties in the study area, upon adoption by the respective jurisdictions. The City of Fresno has also entered into an interim agreement with Caltrans, as of February 23, 2006, for the identification of measures to mitigate impacts to the state highway system and to impose a mitigation fee as contemplated by the agreement. This project was filed prior to the approval of this interim agreement. Therefore, a project condition has been identified consistent with the city's previous practice of including the Caltrans recommended impact fee subject to completion of the area-wide Freeway Deficiency Study, now in progress. Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No. C-05-201 proposes a planned development for the 93 lot single family residential subdivision. The project will provide common open space, reduced lot sizes and reduced setbacks. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code can be made. 1. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features; and, Conditional Use Permit Application No. C-05-201 will comply with all applicable codes, including parking, landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. Furthermore, the site will provide a common open space area, which will allow future tenants to interact and enjoy passive recreational opportunities, rather than conventional single family residential subdivisions which rarely offer such opportunities. Furthermore, although the proposed parcels are slightly smaller in area in comparison to conventional subdivision lots and as a result require less maintenance which is often sought by empty nesters and young professionals. 2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, Although the project will increase traffic in comparison to what exist today, vehicular traffic will be directed towards North Polk Avenue, an arterial street, West Dakota Avenue, a collector street, and West Shields Avenue, an arterial street, minimizing the impact on local streets. Furthermore, the Public Works, Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic and the surrounding community, subject to the applicant dedicating and improving the streets proximate to the subject property. 3. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of the FMC. REPORT TO THE PLANNING uiMMISSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 10 The proposed use, a residential development, will not have a negative impact on either the subject site, or neighboring properties given that the conditions of approval will ensure that the developer meet the minimum standards. Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§ 66400, et seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the West Area Community Plan designates the site for medium-high density residential planned land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. Furthermore, the applicant will be required to construct a park and pedestrian paths throughout the subdivision which will increase travel options. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. Furthermore, the applicant will be required to improve adjacent public streets, including improving the intersection of Polk and Ashlan Avenues, improving the flow of traffic in the area. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the area is not known to contain any unique or endangered species. Although the site has historically been used for rural residential uses, during the 2025 Fresno General Plan update, the city analyzed the impacts of converting rural land uses into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing, growth, employment opportunities, etc. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of !andscaping plant materials and because of the orientation of the proposed lots. REPORT TO THE PLANNING COi. .,ISSION Rezone Application No. R-05-71 Vesting Tentative Tract Map No. 5538/UGM Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 11 The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the 2025 Fresno General Plan and West Area Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Planning Commission action of the proposed vesting tentative tract map, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the West Area Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 5538/UGM is appropriate for the project site, subject to the conditions listed below. Therefore, staff recommends that the Planning Commission: 1. RECOMMEND APPROVAL to the City Council of the environmental finding for Environmental Assessment No. R-05-71/T-5538/C-05-201 dated March 16, 2006 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-05-71 to rezone approximately 19.09 acres of the subject site from the RR (Rural Residential [County of Fresno]) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. 3. APPROVE Vesting Tentative Tract Map No. 5538/UGM subject to compliance with the Conditions of Approval dated May 17, 2006. 4. APPROVE Conditional Use Permit Application No. C-05-201 subject to compliance with Conditions of Approval dated May 17, 2006. Attachments: Vicinity Map 2005 Aerial Photograph of Site Exhibit A, Proposed Vesting Tentative Tract Map No. 5538 dated May 17, 2006 Exhibit B, Proposed site plan for Conditional Use Permit Application No. C-05-201 dated May 17, 2006 Exhibit C, Proposed building elevations Exhibit D, Letter from Caltrans dated October 21, 2005 Conditions of Approval for T-5538/UGM dated May 17, 2006 Conditions of Approval for CUP Application No. C-05-201 dated May 17, 2006 Environmental Assessment No. R-05-71/T-5538/C-05-201, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 16, 2006 KU1nu.r Fk.-Tm M.gUT 553.0...Ntvk IR.D541,C-05-IDIMPC Rrym-SJI6.d� HAMPTON AE-5 w F a i GRIFFITH GRIFFITH j PO LLJE SAGINA R-1 i FLINT / x d FLIM NT v~s E-ILANSIN AE-5 IP j DAKOTA LU I ONA •,, a i w ROBINSON I I GARLAND LEGEND Subject Property _ U.G.M.Area "CINIWV 31AP PLANNING & DEVELOPMENT DEPARTMENT VESTING TENTATIVE MAP OF TRACT NO. 5538 A.P.N.: 311-221-18 REZONE APPLICATION NO. R-05-071 w From AE-20(County)to R-21UGM ZONE MAP: 2044 CONDITIONAL USE PERMIT NO. C-05-201 Northwest corner, Dakota and Polk Aves. NOT To SCALE BY/DATE: J.S. 110-13-05 • �. �, � lay*1� .�` F� �. �,�' t-.1 �'s"�eY`t .�, sc �t =i F� > I T .. ; - r ._.� f• ��' r��.� �f>�a_.�^�►�V� �} �"�+.�i. .m.t 2�e , �:.��� � F��1 ..;*t��`.I�� -s.�y � `� /��,�Y h �... �'� ,I. -yµ L ���j fna .,�'eI �^ys�_ r���'e� ... 1 .i 7- :7 .w• �� Aux �.�'w f .''�M -�_•�TF�' _ • - i- 4. i ; J •tuP. .' t'? JOil r•'AL�'t �'�1• Y .W. I _:''� ,R4!✓� �'; moi' �1py n,y aa�" ` �1. t rh`M '"h Y y, , 55J� * . s. 0 Ci '.■ ,? 'L /"+. �� �-...y��.�ri,w daQ+�'F- wFT��''+�� �:•�i��'T�.� ^` °` �„�,t'.: � . �V �h-�-"�b;aA•a«�y' a� t'e�'i�+r �~ iI �� 7 S,• )r.�}a }� ��'y_n � I:+. � ,w ^,� �� .� r -'TM �� ?r= •�y� � �� ..� 1 �� J� ��'cqJ� ` .•1}" .L. -�..h�Tk 'iF_.�`A_TK.�,\, r��r yn f '�fc S� JR.a"r���' .-"qA -.�� �'. a :1, y�e t� +Cr ye �� I�•_z 's "'•� r..�' ..ice Ir 3...F,::+y,.r° r al.� w.,� r.� c .. � �! 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W Z 0 L *y . . 4 3 a0 � 7 m yY j IMMlI��I�S. - � W W N ct ' - C3 Q L 1 oc :,�.•. �°•mss (^� • C cd cq 4-1 v o a� ;--4 C) Exhibit D, Letter from Caltrans dated October 21 , 2005 STATE OF-CAL[FORMA— Exhibit D, _atter from Caltrans dated ,#ober 21 , 2006 ZEnQGER.Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE s P.0.BOX 12616 FRESNO,CA 93778-2616 PHONE 559 445-6666 1 Flexyour ower! FAX (559)488-4088 �tl -` L_U \ TTY (559)488-4066 / �J Be energy efficient! October 21, 2005 Planrin'- Civision C,,epartment 213 1-IGR/CEQA 6-FRE-99-25.8+/- C-05-201,R-05-71 & T-5444 HANSON PSC, INC. Mr.Mike Sanchez City of Fresno Development Department 2600 Fresno Street,Third Floor Fresno, CA 93721-3604 Dear Mr. Sanchez: We have reviewed the rezone, use permit, tract map, and Traffic Impact Study(TIS) for the 97-lot_single- family residential subdivision located on the northwest comer of North Polk and West Dakota Avenues. Caltrans has the following comments: Caltrans concurs with the trip generation/trip distribution as presented in TIS. Figure 3-4 of the TIS indicates thai trips from this site.would impact the State Route(SR) 99 interchanges at Shaw (3 trips) and Ashlan(6 trips) Avenues. Caltrans has previously determined a cost-per-trip for each of these interchanges. Using the applicant's traffic study and our cost- per-trip, we calculate the following fair share for this project: Shaw Interchange Eastbound through on Shaw 3 trips .k $685/trip =$2,055 Ashlan Interchange Northbound off-ramp 3 trips * $1,163 =$3,489 Southbound off-ramp 3 trips * $2,394=$7,182 It is therefore estimated that this development's proportional fair share to mitigate for cumulatively significant project-related impacts is $12,726. When combined with other development in the area, this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. Cumulative impacts to these resources were not fully addressed in the General Plan Update Master EIR, but postponed to future studies. The Master EIR did not perform any analysis of the impacts to State facilities from implementation of the General Plan, and hence cannot be relied upon to support subsequent projects that impact State Highways. The City should consider a mechanism for evaluating and mitigating for these impacts. 4` "Caltrans Improves mobility across California" Mr. Mike Sanchez October 21, 2005 Page 2 The City should consider a transit alternative for this project. There is sufficient development in the area to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for the Planning Commission and the City Council. This will provide the decision-making body and the general public with a complete and .accurate environmental evaluation for the project. If you have any questions,please call me at (559) 445-6666. Sincerely, D MOSES STITES Office of Transportation Planning District 06 Enclosure C:Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be.financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. City of LI nIcd!�1k\L\II% Irn�UMMA&I: Planning and Development Department 2600 Fresno Street ! Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8003 FAX (559) 498-1026 February 7, 2008 Please Reply To: Robert Lewis (559) 621-8055 Jeff O'Neal Provost and Pritchard, Inc. 286 West Cromwell Avenue Fresno, California 93711-6162 Dear Mr. O'Neal, SUBJECT: ACTION OF THE FRESNO CITY PLANNING COMMISSION RELATING TO A REQUEST FOR A TWO-YEAR EXTENSION OF TIME FOR THE FILING OF A FINAL MAP OF VESTING TENTATIVE TRACT NO. 5583/UGM The Fresno City Planning Commission at its regular meeting of February 6, 2008, approved a two-year extension to May 17, 2010, for the filing of the final map of Vesting Tentative Tract No. 5538/UGM. Enclosed is a copy of the Planning Commission Resolution No. 12807, approving the extension request for the tract map. If you have any additional questions concerning this matter,please contact this office. Sincerely, PLANNING DIVISION Robert Lewis Supervising Planner Enclosures c: Hansen Edenbridge Fresno Venture FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12807 The Fresno City Planning Commission at its regular meeting on February 6, 2008, adopted the following resolution extending the time for the filing of a final map of Vesting Tentative Tract No. 5538/UGM. WHEREAS, the Vesting. Tentative Map of Tract No. 5538/UGM was conditionally approved for an initial two years on December 7, 2005; and, WHEREAS, the local Subdivision Ordinance applicable to this subdivision provides for extensions of tentative map approval up to two years maximum; and, WHEREAS, the City Attorney has determined that a request for an additional five years may be permitted based on a state appellate court decision; and, WHEREAS, a timely request for a two-year extension of time was filed by the applicant on January 8, 2008, in accordance with Section 12-1005.1 of the local Subdivision Ordinance; and, WHEREAS, no person spoke in opposition to the proposed extension of time. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby extends the tentative map approval of Vesting Tentative Tract No. 5538/UGM to May 17, 2010, subject to all conditions and requirements as set forth in Planning Commission Resolution No. 12484. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Kissler. VOTING: Ayes - Vang, Kissler, Cherry, Dibuduo, Torossian, Vasquez Noes None Not Voting - None Absent - Holt KEITH BERGTHOLD, Secretary Fresno City Planning Commission DATED: February 6, 2008 Resolution No. 12807 Request for two year extension Vesting Tentative Tract No. 5538 Action: Approved K: Master files/Tract maps/PCR12807 "Y°' REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. v-e-2 r"W--- .► COMMISSION MEETING 02-06-08 February 6, 2008 APPROVED BY FROM: STAFF, Planning Division Planning and Development Department ;DEPARTMENT DIRECTOR SUBJECT: REQUEST FOR A TWO YEAR EXTENSION OF TIME FOR THE FILING OF A FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 5538/UGM INFORMATION Vesting Tentative Tract Map No. 5538/UGM is a request to subdivide approximately 17.78 gross acres of property located on the northwest corner of North Polk and West Dakota Avenues into a 93-lot, single family residential subdivision. On May 17, 2006, the Fresno City Planning Commission approved the subdivision map for an initial two years, subject to the conditions noted in Planning Commission Resolution No. 12484. In accordance with Government Code Section 66452.6(e) and Section 12-1005.1.x. of the FMC, a final tract map must be filed within two years of the approval date of the tentative tract map. However, both the Government Code and FMC allow for a twenty-four month extension of time for the filing of a final map, subject to the applicant requesting an extension and approval of the extension by the Planning Commission. The applicant has requested a two year extension for the filing of Vesting Tentative Tract Map No. 5538/UGM. If approved, the filing date will be extended to May 17, 2010. Staff has reviewed the conditions of approval for Vesting Tentative Tract Map No. 5538/UGM as approved per Resolution No. 12484, and has found no basis for any modifications to those conditions. RECOMMENDATION Based upon the above information, staff recommends that the Planning Commission- 1. ommission:1. APPROVE the request for a two-year extension of time for the filing of the final map of Vesting Tentative Tract No. 5538/UGM, subject to compliance with the original conditions of approval as contained in Planning Commission Resolution No. 12484. Attachments: Vicinity Map Vesting Tentative Tract Map No. 5538/UGM Letter from Provost & Pritchard, Inc., Engineering Group dated January 8, 2008 Planning Commission Resolution No. 12484 _ _ WATER&WASTEWATER FRESNO VISALIA • BAKERSFIELD EMLMUNICIPAL INFRASTRUCTURE PROVOST& LAND DEVELOPMENT AGRICULTURAL SERVICES 286 W.Cromwell Avenue DAIRY SERVICES Fresno,CA 93711-6162 PRITCHAR = PLANNING&ENVIRONIMENTAL LAND SURVEYING& 1\u� FAX 559 449-271449-2700 559 ' 5 An Employee Owned Company DISTRICT MANAGEMENT 8 / Planning Division January 8, 2008 Planning & Development Dept C17Y OF FRESNO City of Fresno Planning Commission c/o Keith Bergthold, Assistant Director, Planning and Development City Hall, 3rd Floor 2600 Fresno Street Fresno, CA 93721 SUBJECT: Extension of Vesting Tentative Tract Map No. 5538 Dear Sirs and Madams: VTTM No. 5538, submitted by Hansen -Edenbridge Fresno Venture, was originally approved by the Planning Commission on May 17, 2006. Since approval of the. map, control of the subject property has reverted from the original development group back to the property owner, AG Land Development. While we have. met with the owner on numerous occasions to discuss completion of the project, extenuating circumstances, including the slowing of the housing market and conditions for offsite improvements, have limited our ability to proceed until,now. At this time, the AG Land Development wishes to move forward with the,final map and improvement plan process. Since the creation and approval of improvement drawings and the .final map would carry beyond the period of the original map approval, we are requesting that VTTM No. 5.538 be granted a two-year extension, valid through May 17, 2010. Thank you for your consideration in this matter, and please contact me with any questions at 559.449.2700 or at joneal@ppeng.com. Respectfully, O'Neal, AICP Provost & Pritchard Engineering cc: Paul Laughton, AG Land Development Recording Requested by. City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder=s Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY Dages SECONDED BY Duncan BILL NO. B-85 ORDINANCE NO. 2006-84 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-05-71 has been filed with the City of Fresno by Hansen Edenbridge Fresno Venture on behalf of Ag Land Development Co., property owner,to rezone property as described in attached Exhibit A; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a public hearing on the 17`h day of May,2006,to consider Rezone Application No. R-05-71 and related Environmental Assessment No. R-05-71/T-5538/C-05-201, during which the Commission considered the environmental assessment and recommended to the Council of the City of Fresno approval of the rezone application which proposes to amend the City's Zoning Ordinance on real property described hereinbelow from the RR (Rural Residential[County of Fresno]) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management)zone district; and, WHEREAS, the Council of the City of Fresno, on the 201h day of June, 2006, received the recommendation of the Planning Commission. ,djPud C 0 67 Ordinance Amending OL. al Zone Map } 'Rezone Application No. R-05-71 Page 2 NOW,THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided,the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 16, 2006, prepared for Environmental Assessment No. R-05-71/T-5538/C-05-201 is hereby approved. SECTION 2. The Council finds the requested R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district is consistent with the medium-high density residential planned land use designation of the 2025 Fresno General Plan and the West Area Community Plan pursuant to Section 12-403-B-2 of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described in attached Exhibit A, located in the County of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the RR (Rural Residential[County of Fresno])zone district to the R-2/UGM (Low Density Multiple Family ResidentiaUUrban Growth Management)zone district. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage and upon annexation of the subject property into the City of Fresno and upon payment of required fire district "transitional fees." ti I// /J CLERK=S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 20th day of June , 2006, by the following vote: Ayes: Calhoun, Dages, Sterling, Duncan Noes: Boyajian, Westerlund Absent: Perea Abstain: None REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: JAMES SANCHEZ City A hey By Deputy - Rezone Application No. R-05-71 Filed.-by Hansen Edenbridge Fresno Venture Assessor's Parcel No. 311-221-18 KAMaster Files-Tract Maps\Tract 5538 Dawn Marple(R-05-71,C-05-201)W-05-71 CC Ordinance Bill.doc order No. 260713 Exhibit A The Cast half of Cho Southeast quarter of the Northwest quarter of Section 22, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, according to the Official Plats thereof. Assessor's Parcel No; 311-221-18 2 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12484 The Fresno City Planning Commission at its regular meeting on May 17,2006,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, Vesting Tentative Tract Map No.5538 was filed with the City of Fresno and proposes to subdivide the subject property into a 93 lot single family residential subdivision on approximately 17.78 net acres of property located on the northwest corner of North Polk and West Dakota Avenues; and, WHEREAS, on February 6, 2006, the West Area Citizen Advisory Committee recommended approval of the vesting tentative tract map and related rezone and conditional use permit applications; and, WHEREAS,the Fresno City Planning Commission on May 17,2006, reviewed the subjecttract map application in accordance with the policies of the West Area Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the May 17, 2006, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested subdivision; 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 May 17, 2006; and, WHEREAS, at that same hearing the Commission reviewed related Rezone Application No. R-05-71 proposing to reclassify approximately 19.09 gross acres of property from the RR (Rural Residential [County of Fresno]) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district and Conditional Use Permit Application No. C-05-201 proposing to create a planned development, which includes reduced lot sizes and setbacks and common open space dated May 17, 2006; and, WHEREAS,one nearby neighbor voiced concern about traffic conditions at the intersection of North Polk and West Dakota Avenues. 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 the vesting tentative tract map may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130)dated March 16,2006, prepared for Environmental Assessment No. R-05-71/T-5538/C-05- 201. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5538/UGM, subject to Section 12-403-B-2 of the Fresno Municipal Code is consistent with the adopted 2025 Fresno General Plan and West Area Community Plan and the findings required pursuant to Section 66410 et. seq. of the California Government Code. Planning Commission Resolution No. 12484 Vesting Tentative Tract Map No. 5538 May 17, 2006 Page 2 BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5538/UGM as shown on the map thereof, stamp dated May 17, 2006 subject to the Planning and Development Department Conditions of Approval dated May 17, 2006. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Torossian. VOTING: Ayes - Cherry, Torossian, Vang, Kissler Noes - None Not Voting - None Absent - DiBuduo, Holt, Vasquez DATED: May 17, 2006 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12484 Vesting Tentative Tract Map No. 5538 Filed by Hansen Edenbridge Fresno Venture Action: Approve KA4aster Files-Tract MapsUracl 5538 Dawn Marple(R-05-71,C-05-201)17-5538 PC Resc.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MAY 17,2006 VESTING TENTATIVE TRACT MAP No. 5538/UGM NORTHWEST CORNER OF WEST DAKOTA AND NORTH POLK AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5538/UGM, a Planned Development entitled "Exhibit A," dated May 17, 2006, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Rezone Application No. R-05-71 and Conditional Use Permit Application No. C-05-201 which establishes a planned development for the 93-lot subdivision. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 2 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 10. Relinquish access rights to West Dakota and North Polk Avenues from all residential lots and pedestrian easements which abut these streets. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. 11. Relinquish access rights to the streets and/or easements along the following property lines: The northern property lines: Lots 11, 23 The eastern property lines: Lots 1, 10, 44, 45, 54, 55 Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 3 The western property lines: Lots 5, 6, 39, 40, 49, 50, 58, 74, 75 The southern property line. Lot 22 12. Prior to final map approval, the owner of the subject property shall execute a "Right to Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The "Right to Farm" covenant shall be recorded prior to or concurrent with the recording of the Final Map of Vesting Tentative Tract No. 5538/UGM. Landscaping and Walls 13. Pursuant to West Area Community Plan Policy W-3-c the developer/owner shall provide a 15-foot landscape easement (and irrigation system) along the property lines of lots and/or outlots/easements which back or side-onto West Dakota Avenue. 14. Pursuant to West Area Community Plan Policy W-3-b the developer/owner shall provide a 20-foot landscape easement (and irrigation system) along the property lines of lots and/or outlots/easements which back or side-onto North Polk Avenue. 15. A 23-foot wide landscaped easement as shown on Exhibit A dated May 17, 2006 shall be used for landscaping and a pedestrian walkway. 16. Outlot "B" on Exhibit A dated May 17, 2006 shall be used as a park with landscaping and recreational purposes. 17. Construct a six-foot high decorative solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the FMC at the rear of the required 15-foot landscape easement along West Dakota Avenue and the 20-foot landscape easement along the North Polk Avenue. 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. This wall and landscape easement shall continue along the following property lines: Lot 11: The northern property line. Lot 22: The southern property line. Lot 23: The northern property line. Lot 39: The western property line. 18. Provide a corner cut-off area at the intersection as depicted on Exhibit A dated May 17, 2006 in accordance with Section 12-306-H-3-d of the FMC. Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points cn the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 4 The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District, unless within a required homeowner's association. 19. Pursuant to West Area Community Plan Policy No. W-6-a a six-foot high solid wall or approved architecturally-designed solid fence shall be constructed along the rear property lines of lots 83 through 93, inclusive. 20. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 21. 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 non-local streets within or adjacent to the tentative map. • Maintenance of all Landscaping, Irrigation Systems and Trail facilities as approved by the Public Works Department within any public trail or open space easements designated for this tentative map. • Maintenance of all local street: Landscaping, Pavement, Curbs, Gutters, Sidewalks, Medians and Street Furniture as approved by the Public Works Department associated with the tentative map. ■ Maintenance and operating costs of all local street Street Lights as approved by the Public Works Department within the boundary of the tentative map. it Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. Hereinafter, the above listed items shall be collectively referred to as "above listed maintenance responsibilities." 22. 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. 23. If the Subdivider does not elect or the Council does not decide to have the above listed maintenance responsibilities become the responsibility of a CFD, the Subdivider shall Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 5 establish a homeowners 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 Attorney's Office. 24. Notwithstanding the above, as an alternative to the Subdivider being responsible for the maintenance of local streets, curbs, gutters and sidewalks the Subdivider may utilize the following design criteria for the construction of internal streets within the development: ■ The minimum pavement structural section shall be 2.5" of asphalt concrete over 4" of base rock placed on compacted subgrade per City standards. Additional structural section thicknesses may be required based on the geotechnical analysis of the sub- soils. The placement and timing of the AC lifts shall be approved by the Public Works Director. The intent of this requirement is to provide a 20 year life of the street. ■ The City, at the developers cost, shall have the final streets, curbs, gutters and sidewalks certified by a registered civil engineer stating that the constructed improvements meet or exceed the approved structural section design. This will include taking core samples at a frequency and location determined by the Public Works Director. At the discretion of the Public Works Director, additional testing shall be performed to determine the remaining useful life of the pavement. In the event the testing reveals that the remaining useful life of the street is less than 20 years, the developer shall be required to take the necessary actions to increase the useful life. ■ Developer warrantees the streets, curbs, gutters and sidewalks for a period of three years after acceptance and secures the warrantee with a performance bond in an amount approved by the Public Works Director. ■ All trees planted shall be certified as planted to City standards and specifications by a registered landscape architect with written certification submitted to the City's Construction Management Division. 25. Proceedings to place the Final Map into a CFD may not commence until the territory has been annexed into the City of Fresno. 26. Construction plans for all features to be maintained by a CFD for a final map shall be included with the request for CFD annexation to be submitted 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. Quantities for all interior: street paving, curbs, gutters, sidewalks, streetlights, street trees and street signs will be Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 6 submitted with the CFD annexation request letter. Contact Joe Paff at 621-8695 for data requirements. 27. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 28. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 29. Pay appropriate park facilities fee and/or dedicate lands for park and recreation purposes pursuant to Ordinance No. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 30. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. Lot Dimensions 31. Pursuant to Section 12-212.5-13 of the FMC, all parcels within the R-2 zone district must provide the following minimum standards: Width Interior lots: 60 feet Corner lots: 65 feet Reversed comer lots: 70 feet Curved/cul-de-sac lots: 40 feet Depth Lots facing local streets: 100 feet Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 7 32. Conditional Use Permit Application No. C-05-201 proposes to reduce lot widths, depths and areas. Building Setbacks 33. Building setbacks shall be in accordance with the R-2/UGM zone district as shown on Exhibit A of Vesting Tentative Map Tract No. 5538/UGM dated May 17, 2006, and the provisions of Section 12-212.5-E of the FMC, unless otherwise noted in these conditions. 34. Pursuant to West Area Community Plan Policy W-6-a the rear yard setback of lots 83 through 93, inclusive, shall be as follows: • for single-story structures, the rear yard setback shall be 30 feet. Rear-yard encroachments may be permitted for single-story structures per the provisions of the FMC. However, in no case shall the rear yard setback be reduced to less than 20-feet by means of these encroachments. • for two-story structures, the minimum building setback shall be 40 feet. For those two-story structures with no rear-facing windows above the first floor, or for those portions of two-story structures which have no rear-facing windows above the first floor, rear yard encroachments may be permitted per the provisions of the FMC. However, in no case shall -the rear-yard setback be reduced to less than 20 feet by means of these encroachments. Planned Development (C-05-201) 35. Building setbacks shall be in accordance with the R-2/UGM zone district as shown on Exhibit B of Conditional Use Permit Application No. C-05-201 dated May 17, 2006 and as follows: Front yard: Front yard setbacks shall be a minimum of 18-feet from property line. Interior Side yard: Interior side yard setbacks shall be a minimum of five feet. Street side yard: Street side yard setbacks shall be a minimum of 10-feet. Rear yard: Rear yard setbacks shall be a minimum of 20-feet from property line (Pursuant to West Area Community Plan Policy W-6-a). Information 36. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 37. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 8 38. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. 39. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the FMC. 40. Vesting Tentative Tract Map No. T-5538/UGM is subject to City Council approval of Rezone Application No. R-05-71. 41. Conditional Use Permit Application No. C-05-201, filed to establish a 93 lot, planned development for the subject site shall be approved prior to final map approval. 42. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 43. 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. 44. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 45. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 46. 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 Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 10 FIRE SERVICE 52. The project is located within two miles of Fire Station No.16. 53. Provide residential hydrants and fire flows per Public Works Standards with two sources of wate r. 54. Comply with the memorandum from the Fire Department dated October 10, 2005. Urban Growth Management Requirements 55. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. This site is currently within a non-designated fee area. SOLID WASTE SERVICE 56. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 57. Lot 82 shall place their solid waste containers along North McCaffrey Avenue for service. 58. Lots 83 and 84 shall place their solid waste containers on the southwest corner of North McCaffrey Avenue and West Pontiac Way for service until West Pontiac Way is connected to the west. 59. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 60. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 61. Comply with the memorandum from the Solid Waste Division dated November 1, 2005. STREETS AND RIGHTS-OF-WAY 62. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 63. 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 Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 9 application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 47. 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. 48. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). STREET NAMES 49. Comply with the street name review memorandum dated October 20, 2005. PARK SERVICE 50. Comply with the memorandum from Ann Lillie of the Public Works Department dated November 3, 2005. Urban Growth Management Requirements 51. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 11 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. 64. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Pubic Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, c. Landscape and irrigation plans (median island and street trees within all parkways). 65. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78- 522, 88-229. 66. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 67. 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. 68. 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. 69. Comply with the memoranda from the Public Works Department, Engineering Division dated November 1, 2005 and November 4, 2005. General Conditions 70. Provide handicar access ramps at all corners with,;,-, the !imits of this subdivision. Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 12 71. Underground all existing offsite overhead utilities with the limits of this map in accordance with FMC Section 12-1011, 8-801 and Resolution No. 78-522/88-229. 72. Submit a Geometric Approval Drawing (GAD) to Public Works, Traffic Engineering Division for review and approval, per the attached checklist, prior to submittal of street plans. 73. Submit the following plans, as applicable, in a single package, to the Public Works Department for review and approval: Street Construction, Signing, Striping, Traffic Signal, Streetlight, Landscape and Irrigation. Urban Growth Management Requirements 74. This Map is in UGM major street zone E-4; therefore pay all applicable UGM fees. SANITARY SEWER SERVICE 75. The following sewer improvements shall be required prior to providing City sewer service to the project: The following off-site sanitary sewer main extensions are required: 76. Construct a 24-inch and an 18-inch sanitary sewer main in West Dakota Avenue Alignment from North Grantland Avenue east to North Hayes Avenue. 77. Construct a 12-inch sanitary sewer main in West Dakota Avenue from North Hayes Avenue east to North Polk Avenue. 78. Construct an eight-inch sanitary sewer main in North Polk Avenue from West Dakota Avenue north to West Ashlan Avenue. 79. Installation of sewer laterals shall be required to the parcels adjacent to North Polk Avenue. 80. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 81. Separate sewer house branches shall be provided for each lot created. 82. All public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications, and policies. 83. Abandon all existing on-site private sewer septic systems in accordance with City standards, specifications, and policies. 84. All underground street utilities shall be installed prior to permanent street paving. Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 13 85. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 86. Engineered improvement plans prepared to City Standards by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. 87. A preliminary sewer design plan layout shall be prepared by the Developer's Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developer's final map and engineered plan & profile improvement drawings for City review. 88. Comply with the memorandum from the Public Utilities Department dated November 1, 2005. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: Sewer Lateral Charge Oversize Sewer Charge Trunk Sewer Charge: Fowler Wastewater Facilities Charge (Residential Only) WATER REQUIREMENTS 89. The following water improvements shall be required prior to providing City water service to the project: The following off-site water extensions (including installation of City fire hydrants) are required: 90. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Polk Avenue from the existing 14-inch main north of West Dakota Avenue extending north across the frontage of the tract. 91. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in West Dakota Avenue from north Polk Avenue west across the frontage of this tract. 92. Water mains (including installation of City fire hydrants) shall be constructed within the tract to service each lot created. 93. Separate water services with meter boxes shall be provided to each lot created. 94. Installation(s) of public fire hydrant(s) are required in accordance with City Standards. Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 14 95. 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. 96. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 97. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 98. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. 99. Comply with the Department of Public Utilities, Water Division memorandum dated October 11, 2005. Water Fees The following Water Connection Charges and fees shall be paid for the project: Wet-tie(s) and meter(s) installations to be performed by the City Water Division Frontage Charge Transmission Grid Main Charge Transmission Grid Main Bond Dept Service Charge URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 100. 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. 101. 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 102. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 15 103. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 104. 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. 105. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 106. 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 107. 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 November 3, 2005. 108. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. FRESNO IRRIGATION DISTRICT 109. Comply with the Fresno Irrigation District letter dated October 19, 2005. Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 16 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 110. Comply with the San Joaquin Valley Air Pollution Control District letter dated October 11, 2005. CENTRAL UNIFIED SCHOOL DISTRICT 111. The developer/owner shall comply with the requirements in the letter from the Central Unified School District dated November 14, 2005. PACIFIC GAS AND ELECTRIC COMPANY 112. The developer/owner shall comply with the requirements in the letters from the Pacific Gas and Electric (PG&E) Company dated October 14, 2005. CALTRANS 113. Prior to the approval of any Final Tract Map for this tentative tract map, the subdivider/developer shall pay shares of cost for improvements to interchanges affected by vehicular travel related to this subdivision. The following shares of cost were derived by the California Department of Transportation (Caltrans) Division 6 Office of Transportation Planning from its review of the Traffic Impact Study (TIS) for Vesting Tentative Tract Map No. 5538. $12,726 for impacts to the State Route 99/Shaw and Ashlan Avenues interchanges. Imposition of this condition is dependent upon the City of Fresno and Caltrans having an executed agreement for the City to collect and administer State Highway facilities fees. This agreement to collect impact fees must be based upon the results of the area-wide Freeway Deficiency Study, now in progress. COUNTY OF FRESNO 114. Comply with the County of Fresno letter dated October 17, 2005. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) c. Oversize Charge* $0.05/sq. ft. (to 100' depth) Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 17 d. Trunk Sewer Charge♦ $419/living unit Service Area: Grantland e. Wastewater Facilities Charge.. $2,119/living unit f. House Branch Sewer Charge♦ NIA WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. h. Frontage Charge► $6.50/lineal foot i. Transmission Grid Main Charge► $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt Service Charge► $243/gross acre (parcels 5 gross acres or more) k. UGM Water Supply Fee♦ $508/living unit Service Area: 301s I. Well Head Treatment Fee♦ $221/living unit Service Area: 301 m. Recharge Feer $0/living unit Service Area: 301 n. 1994 Bond Debt Service* $60/living unit Service Area: 301 DEVELOPMENT IMPACT FEE FEE RATE o. Fire Facilities Impact Fee - Citywide♦** $539/living unit p. Park Facility Impact Fee - Citywide♦** $3398/living unit q. *Quimby Parkland Dedication Feer** $1120/living unit r. Police Facilities Impact Fee - Citywide♦** $624/living unit s. Traffic Signal Charge► $414.69/living unit Conditions of Approval Vesting Tentative Tract Map No. 5538/UGM May 17, 2006 Page 18 URBAN GROWTH MANAGEMENT FEE RATE t. Major Street Charge* $2,798/adj. acre Service Area: E-4 u. Major Street Bridge Charge* $94/adj. acre Service Area: E-4 v. UGM Grade Separation Fee* N/A Service Area: E-4-A w. Street Acquisition/Construction Chargev N/A Notes: "This amount if paid is creditable against the Park Facility Impact Fee. "" Fee applicable to all maps accepted for filing after August 30, 2005 • Due at time of subdivision. * Due at time of development. ♦ Due at occupancy. 4, Deferrable through Fee Deferral Covenant KAMaster Files-Tract Maps\Tract 5538 Dawn Marple(R-05-71,C-05-201)1COA-T-5538 45-06.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MAY 17, 2006 CONDITIONAL USE PERMIT APPLICATION NO. C-05-201 PART A- PROJECT INFORMATION 1. Assessor's Parcel No: 311-221-18 2. Job Address: Vesting Tentative Tract Map No. T-5538 and Rezone Application No. R-05-71 3. Street Location: Northwest corner of West Dakota and North Polk Avenues 4. Existing Zoning: RR (Rural Residential[County of Fresno]) zone district 5. Proposed Zoning: R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) per Rezone Application No. R-05-71 6. Planned Land Use: Medium-high density residential 7. Plan Areas: West Area Community Plan 8. Project Description: Proposal to create a planned development, which includes, reduced lot sizes and setbacks for the entire 93-lots of Vesting Tentative Tract Map No. 5538. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Planning Commission on May 17,2006, approved the special permit application subject to the enclosed list of conditions and Exhibits B, B-1, B-2, C-1, C-2, D-1, D-2, E-1, E-2 and F dated May 17, 2006. An environmental assessment/initial study was conducted and resulted in a Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130), dated March 16, 2006. The finding of conformity was been published in the Fresno Bee commencing a 20-day public review and comment period on March 16, 2006. No comments have been received to date. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 2 development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code (FMC) Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Director within 15 days. In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval, you may do so by filing a written appeal with the Director. The appeal shall include a statement of your interest in or relationship to the subject property, the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Your appeal must be filed by May 17, 2006. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits (dated May 17, 2006)to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 3 The exercise of rights granted by this special permit must be commenced by April 5, 2010 (four years from the date of Planning Commission approval). There is no exception. To complete the back-check process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan,together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Current Planning Section, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped,corrected, approved exhibits in the plan check sets. Contact Dawn Marple at(559)621-8058 or via e-mail at Dawn.Marple@fresno.gov to schedule an appointment. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1),the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracyof the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relating to dedications, street improvements or off-street parking lot geometrics may be directed to Greg Jenness at(559)621-8812 of the Public Works Department, Engineering Division. Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 4 STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit A is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights of way. b) Provide a minimum 4 foot wide path of travel along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements can not be met within the existing public rights of way. c) Deed documents for the required property dedications shall be prepared by the applicant's engineer and submitted to the Public works Department, Engineering Division, Special Districts / Projects and Right-of -Way Section with verification of ownership gLjor to issuance of building permits. Deed documents must conform to the format specified by the city. Document format specifications may be obtained from the Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, or by calling (559) 621-8694. d) The construction of any overhead, surface or sub-surface and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the Public Works Department, Engineering Division, Special Districts/Projects and Rights-of- Way Section. Encroachment permits must be approvedrip iorto the issuance of building permits. Please call (559) 621-8693 for additional information. STREET IMPROVEMENTS All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division, prior to commencement of the work. All required street improvements must be completed and accepted by the City prior to occupancy. For additional information you may call (559) 621-8686. e) Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division. For additional information you may call (559) 621-5500. f) Install sidewalk and concrete approaches to City Standard Specifications within all street frontages. g) Install streetlights along all street frontages in accordance with City Standards. Plans must be prepared by a registered Civil Engineer and must be approved by the Public Works Department Engineering Division prior to installation. Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 5 h) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. i) Provide parkway landscaping. Street trees shall be planted every 60 feet on center. Plans shall be prepared by a landscape architect. j) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. For additional information you may call (559) 621-8682. SURVEY MONUMENTS AND PARCEL CONFIGURATION k) Existing survey monuments shall be preserved and if disturbed, shall be reset by a person licensed to practice land surveying in the State of California. URBAN GROWTH MANAGEMENT MAJOR STREET REQUIREMENTS The project site is located within the Major Street Zone E-4, Urban Growth Management (UGM) area. Pay all fees at the time of issuance of building permits. The UGM Fee obligations for this development will be calculated during the building plan check process. Building permits cannot be issued until the UGM requirements have been satisfied. PART D- PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) 2025 Fresno General Plan ii) West Area Community Plan iii) Planned Development (Section 12-306-N-21 of the FMC) iv) Medium-high density residential planned land use 2) ZONING a) Development is proposed in accordance with the proposed R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. Approval of the CUP is contingent upon approval of Rezone Application No. R-05-71 and Vesting Tentative Tract Map No. 5538/UGM. 3) POPULATION DENSITY (Residential Proiects) a) Contingent upon approval of Rezone Application No. R-05-71 and proposed Vesting Tentative Tract Map No. 5538, the subject property shall not be developed with more than 10.38-18.15 units per acre. Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 6 4) BUILDING HEIGHT a) The maximum allowable building height is 35 feet per Section 12-212.5-D-1 of the FMC. b) EXCEPTIONS: Overheight structure may be approved by the City Planning Commission. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. 5) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING a) Building setbacks shall be in accordance with the R-2/UGM zone district as shown on Exhibit B of Conditional Use Permit Application No. C-05-201 dated May 17, 2006 and as follows: Front yard: Front yard setbacks shall be a minimum of 18-feet from property line. Interior Side yard: Interior side yard setbacks shall be a minimum of five feet. Street side yard: Street side yard setbacks shall be a minimum of 10-feet. Rear yard: Rear yard setbacks shall be as follows pursuant to West Area Community Plan Policy W-6-a: for single-story structures,the rear yard setback shall be 30 feet. Rear-yard encroachments may be permitted for single-story structures per the provisions of the FMC. However, in no case shall the rear yard setback be reduced to less than 20-feet by means of these encroachments. • for two-story structures, the minimum building setback shall be 40 feet. For those two-story structures with no rear-facing windows above the first floor, or for those portions of two-story structures which have no rear-facing windows above the first floor, rear yard encroachments may be permitted per the provisions of the FMC. However, in no case shall the rear-yard setback be reduced to less than 20 feet by means of these encroachments. b) Clearly identify the use for Outlot"B"and all easements (common open space, street, etc.). Note that the easements and outlot are subject to review and approval by the responsible agency. Clearly depict all streets, including afl improvements. c) The number of trees will be determined by the following formula: Section 12-306-N-24-G-3 of the FMC requires one medium sized tree (30 — 60 feet at maturity) for each parking space, plus one medium sized tree for each residential unit. Two small trees (15-30 feet at maturity) shall be counted as one medium-sized tree. d) Trees shall be maintained in good health. However,trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessanj for the health of -the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Include this note on the landscape plan.) Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 7 e) Submit landscaping plans to the Planning & Development for review and approval. f) Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Planning Division.(Include this note on the landscape plan.) g) Prior to final inspection,a written certification,signed by a landscape professional approved by the Director,shall be submitted stating that the required landscaping and irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Planning Division, Development Department. (Include this note on the landscape plan.) h) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. Mechanical equipment must be screened. i) No structures of any kind (including signs, call boxes, site maps, directional signs, etc. unless permitted by Section 12-212.5-K-2 of the FMC) may be installed or maintained within the above-landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device), etc., are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc., shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. (Include this note on the site plan.) 6) FENCES, HEDGES, AND WALLS a) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind,vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard,which may occur as a result of improper fence installation or damage to the fence. b) Only those fences as shown on the site plan shall be reviewed for approval. c) Submit a rendering depicting the fence height, design and color for review and approval. d) Construct a six-foot high decorative solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the FMC at the rear of the required 15-foot landscape easement along West Dakota Avenue and the 20-foot landscape easement along the North Polk Avenue. 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. This wall and landscape easement shall continue along the following property lines: Lot 11: The northern property line. Lot 39: The western property line. Lot 22: The southern property line. Lot 23: The northern property line. Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 8 e) Pursuant to West Area Community Plan Policy No. W-6-a a six-foot high solid wall or approved architecturally-designed solid fence shall be constructed along the rear property lines of lots 83 through 93, inclusive. f) Provide a corner cut-off area at the intersection as depicted on Exhibit A dated May 17,2006 in accordance with Section 12-306-H-3-d of the FMC. Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets,this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District, unless within a required homeowner's association. 7) ACCESS a) Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for Vesting Tentative Tract Map No. T-5538/UGM dated May 17, 2006. 8) OUTDOOR ADVERTISING a) Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. Note that all signs, including directional signs, must be located outside of the required landscape setbacks. b) Signs must comply with Sections 12-212.5K-2 and 12-207.5-J-1, 2, 3 and 4 of the FMC. c) Free-standing permanent signs identifying the development are subject to the following conditions: d) The number of such signs shall be limited to two single-faced or one double-faced sign for each major entrance from a public street, or one single-faced sign for each street frontage for multiple-family developments which have no entrances from a public street. e) No such sign may have an area greater than forty square feet. f) Such signs may be located at the entrance to the development or within any required front or street side yard landscaped setback, if the sign height is five feet or less and the sign is set back at least five feet from any street property line. The provisions of Section 12-306-N-9 of the FMC shall apply to any signs placed within a utility or landscape easement. Signs may be placed flush against a solid masonry or wood fence/wall, provided that the copy area of each sign does not exceed thirty-two square feet and that no portion extends above the fence or wall. g) Free-standing signs placed behind any landscaped setbacks may not exceed ten feet in height. Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 9 h) Signs may not be internally illuminated but may be floodlighted, provided floodlights do not cast direct light on adjoining streets or properties. i) Permanent signs with a maximum area of four square feet and a height of five feet,directing residents or visitors to parking areas or the rental office, may be installed without issuance of a sign permit. j) Permanent directories with a maximum area of twenty-four square feet and a height of six feet, showing the locations of individual units, may be installed for multiple-family developments having an area of one-half acre or more.Any such directory under six square feet in area or required as a condition of approval of a special permit for the development shall be exempt from issuance of a sign permit. k) Clearly depict and label any proposed and future signs on exhibit. Should any signs be proposed under this conditional use permit application, provide their height, location and area. 9) BUILDING ELEVATIONS a) All houses in the subject planned development shall be in compliance with elevations shown in Exhibits B-1, B-2, C-1, C-2, D-1, D-2, E-1, E-2, and F dated May 17, 2006. Note that mechanical equipment may not be visible from the public right-of-way. PART E - CITY AND OTHER SERVICES 10) FIRE PROTECTION REQUIREMENTS a) Comply with the requirements of the attached Fire Department memorandum dated October 10, 2005. 11)TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS a) Comply with the requirements of the attached Public Works memorandum,dated November 1, 2005, and November 4, 2005. 12)SOLID WASTE COLLECTION a) Comply with the attached Solid Waste Management memorandum dated November 1,2005. b) The subject site shall be serviced by the City of Fresno, Public Utilities, Solid Waste Division. 13) PUBLIC UTILITIES REQUIREMENTS a) Comply with the attached Public Utilities requirements memorandum, dated October 11, 2005, and November 1, 2005. 14) FRESNO METROPOLITAN FLOOD CONTROL DiS T RIC T(F1ylFCD) a) Comply with the attached FMFCD memorandum, dated November 3, 2005. Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 10 15) SCHOOL FEES a) School fees must be paid prior to issuance of building permits. (Contact Central Unified School District.) Provide proof of payment(or no fee required) prior to issuance of building permits. Comply with that attached letter from Central Unified School District dated November 24, 2005. 16) DEPARTMENT OF PUBLIC WORKS, STREET TREES DIVISION a) Comply with the attached Department of Public Works, Street Tree Division memorandum, dated November 3, 2005. 17) PACIFIC GAS AND ELECTRIC COMPANY a) The developer/owner shall comply with the requirements in the letters from the Pacific Gas and Electric (PG&E) Company dated October 14, 2005, 18) FRESNO IRRIGATION DISTRICT a) Comply with the Fresno Irrigation District letter dated October 19, 2005. 19)CALTRANS a) Prior to the approval of any Final Tract Map for this tentative tract map, the subdivider/developer shall pay shares of cost for improvements to interchanges affected by vehicular travel related to this subdivision.The following shares of cost were derived by the California Department of Transportation (Caltrans) Division 6 Office of Transportation Planning from its review of the Traffic Impact Study(TIS) for the related Vesting Tentative Tract Map No. 5538. $12,726 for impacts to the State Route 99/Shaw and Ashlan Avenues interchanges. Imposition of this condition is dependent upon the City of Fresno and Caltrans having an executed agreement for the City to collect and administer State Highway facilities fees. This agreement to collect impact fees must be based upon the results of the area-wide Freeway Deficiency Study, now in progress. 20)COUNTY OF FRESNO a) Comply with the County of Fresno letter dated October 17, 2005. 21) SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT a) Comply with the San Joaquin Valley Air Pollution Control District letter dated October 11, 2005. Conditions of Project Approval Conditional Use Permit Application No. C-05-201 May 17, 2006 Page 11 PART F - MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1) Include a color and material schedule on the site plan, as well as on the elevations, for the exterior of all buildings and structures, including the proposed maintenance room. 2) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.) 3) If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded,and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.) 4) If animal fossils are uncovered,the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.) All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. KAMaster Files-Tract Maps\Tract 5538 Dawn Marple(R-05-71,C-05-201)\COA C-05-201 4-5-06.doc City of DATE: November 1, 2005 TO: Mike Sanchez, Supervising Planner Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manager -- Public Works Department, Engineering Division .FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5538/ C-05-201, Public Works Conditions of Approval (Northwest corner of Dakota and Polk) 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. Identify durb ramps and routes on the tentative map. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-101.1 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: Dakota Avenue: Collector 1. Dedicate 47'- 55' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The sidewalk pattern shall be constructed to a 10' residential pattern. 3. Construct an 80' bus bay curb and gutter at the northwest corner of Dakota and Polk to Public Works Standard P-73, complete with a 10' monolithic sidewalk. 4. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. Page 1 of 4 C:\Louise\TRACT MAPS\T-5538 DAKOTA AND POLK NW COR.doc 5. 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. 6. Relinquish direct vehicular access rights to Dakota Avenue from all lots within this subdivision. Polk Avenue: Arterial 1. Dedicate 55 -57' of property, from center line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards. 2. Construct concrete curb and gutter and sidewalk to Public Works Standard P-5. Construct sidewalk to a 10' residential pattern. 3. Construct 20' of permanent paving within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to Polk 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. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Pubic Works Standard P-44. Specific Mitigation Requirements: 1. This tract will generate 72 a.m./98 p.m. peak hour trips. A Traffic Impact Study has been submitted. Comply with the mitigated measures as set forth by the Traffic Engineering Manager. Letter to follow. 2. Relocate the southern access point to approximately lot 93 or lot 30. Provide required corner cut dedications. 3. The intersection of a. Polk and Lot 93 shall be limited to right-in and right-out turns. b. Polk and Pontiac Avenues shall be designed with a full median opening to allow for left turns-in and left turns-out. 4. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 5. Wheeler and McCaffrey Avenues- Redesign proposed lot configuration to eliminate potential speeding by: a. providing 600' maximum block lengths or b. providing mini circles ;tom Dedicate 62' of property and provide medians at the following entrances: (7' residential pattern - 20' travel lane-8' median - 20' travel lane-7' residential pattern) a. Polk Avenue at Pontiac. Page 2of4 C:1Louise\TRACT MAMT-5538 DAKOTA AND POLK NW COR.doc 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 E-4; therefore pay all applicable UGM fees. Dakota Avenue: Collector 1. Dedicate and construct (2) 17' center section travel lanes with 250' left turn lanes, at all major intersections within the limits of this subdivision. An additional 6' of paving shall be required adjacent to the 250' left turn lanes. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. 2. Install a signal pole with a 150-watt safety light to Public Works Standards at the northwest corner of Dakota and Polk. Polk Avenue:Arterial 1. Dedicate and construct (2) 17' center section travel lanes and a raised concrete median island within the limits of this subdivision. Construct a raised concrete median with 250' left turn pockets .at all major intersections. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. 2. Dedicate and construct the two center 17-foot lanes separated by a 16' median from the intersection of Polk and Dakota north to Polk and Ashlan. Construct a raised concrete median with a 250' left turn pocket for north bound traffic at Ashlan. 3. Dedicate sufficient right-of-way and construct additional paving for northbound to southbound U- turns at Polk and Ashlan. See Exhibit "B". Page 3 of 4 CALouise\TRACT MAPS\T-5538 DAKOTA AND POLK NW COR.doc 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 RNV, 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 4 of 4 C:\Louise\TRACT MAPS\T-5538 DAKOTA AND POLK NW COR.doc N OJ c� Ln _ i. / s 1 � 1 1 VARIES ; MIN. PROPERTY I I - - LIN ZI oIw SECTION �' I LINE j PROPERTY 1 I LINE I{r I w 1 1.L 1 i I I I J 1 I It , Fresno hrokyl City of z000 City Hall 559-621-8800 Public Works Department 2600 Fresno Street,Rm.4064 David Healey, Director Fresno,CA 93721-3623 www.fresno.aov November 4, 2005 VRPA Technologies Jason Ellard 4630 W Jennifer Avenue,Suite 105 Fresno, CA. 93722 SUBJECT: TRAFFIC IMPACT STUDY(TIS) SCOPE FOR THE PROPOSED SUBDIVISION T5538 LOCATED ON THE WEST SIDE OF POLK BETWEEN DAKOTA AND ASHLAN AVENUE This project proposes to construct 98 single family residential units on the north side of Belmont Avenue on the east and west side of Polk Avenue. Based on the ITE Trip Generation manual it is estimated that this project will generate 73 am and 100 pm peak hour trips. 1. As a condition of approval, the traffic signal plans for the intersection of Ashlan at Polk Avenue shall be designed and approved prior to issuance of any building permits for the project. The intersection signalization plans shall be to City of Fresno standards, complete with left turn phasing, actuation and signal pre-emption. 2. A traffic signal warrant study for the intersection of Ashlan at Polk Avenue shall be performed at the time the first building-permit is issued. If the intersection meets warrants with projected volumes from the proposed project and other approved maps in the vicinity, then the project shall install the traffic pp signal as a condition of a roval. If the intersection doe's not meet warrants,then the project shall 9 furnish all traffic signal poles, mast arms and luminaires to the City for a,future installation at such time as signal warrants are met. 3. 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 for T5538 is 98 (units) x 414.69 (fee rate as shown in the Master Fee Schedule) _ $40,640. 4. Future lane configurations for all study intersections shall have a separate left-turn lanes, two (2) through lanes, and a separate100-foot right turn pocket. The intersection of Ashlan at Polk Avenue shall have dual left turns; therefore, the level of service shall be reassessed and shown in a revised traffic impact study or addendum. If you have any questions regarding this matter, please contact me at (559) 621-8798 or at David.PadiIla @fresno.gov Sincerely, Scott L. Mozier, P.E.,Traffic Engineering Manager Public Works Department, Engineering Services C: Traffic Engineering Reading File Louise Monroe,City of Fresno Q:\Traffic Impact Studies\T5538 Hayes Dakota.doc City of CnIeg%.i1\,I// PUBLIC WORKS DEPARTMENT DATE: November 3, 2005 TO: Mike Sanchez, Supervising Planner Planning and Development Department FROM: JOE PAFF, Senior Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5538 AND COMMUNITY FACILITIES DISTRICT 1. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. If approved by Council,the following features may be maintained by a Community Facilities District. ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street easements (including half of any medians) and the landscape easements along the property lines that side or back-onto N. Polk and W. Dakota Avenues. ■ Maintenance of Sidewalks as approved by the Public Works Department within the street easements and the landscape easements along the property lines border N. Polk and W. Dakota Avenues. ■ Maintenance of all interior Local Street Pavement, Curbs, Gutters, Sidewalks, Medians, Hydrants, Inlets and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance and operating costs of all local 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 c: PW File No. 10770 File:\word\cfd2\ttmapreview\tt5538 conditions DEPARTIVItNT OF PUBLIC WORKS TO: Mike Sanchez, Supervising Planner Planning Division FROM: Ann Lillie,Senior Engineering Technician (559.621.8690) DATE: November 3, 2005 SUBJECT: Tentative Subdivision Map T-5538 (Located northwest corner of West Dakota and North Polk Avenues) The Department of Public Works has reviewed the Vesting Tentative Subdivision Map proposed by Hansen Edenbridge Fresno Venture,on engineering plans prepared by Provost&Pritchard. dated September 13, 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 West Dakota Avenue Ginkgo biloba `Autumn Gold' -Autumn Gold Ginkgo North Polk Avenue Pistacia chinensis - Chinese Pistache Sapium sebiferum-Chinese Tallow 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60'of street frontage,or one tree per lot having street frontage,whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno,Department of Public Works"Standard Specifications." c. Landscape Plans shall indicate street tree planting locations and species. Landscape Plans shall be reviewed and approved by the Department of Public Works,Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities,paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of ti,.;required work, warranty security shall bt _.Arnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. 1. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient.Landscaping and Buffer landscaping. 2. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip,the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 3. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/engineering Services Division. 4. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. 5. No private flags,signs or identification of any kind shall be permitted in the right-of-way,within the City-controlled easement or on the fence or wall facing the street. 6. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall be required to submit plans showing the location and configuration of all median islands fronting the proposed project for review and evaluation for median island landscaping requirements. Existing utilities, including, but not limited to city water lines/service points, sanitary sewer, storm drains, electrical lines,existing landscaping including trees,shrubs,ground cover beds,irrigation facilities,and other miscellaneous landscape features shall also be clearly defined. If new median islands are required to be constructed, median island landscaping is required and shall be applied in accordance with the City of Fresno standards and FMC section 12-306-24. The Public Works Department requires 2 foot wide colored concrete strips on all proposed median islands with a 12 inch by 12 inch slate pattern in brick red. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the CFD2. If the outlots are to be included into the CFD2, the Department of Public Works will require approving landscape and irrigation plans prior to inclusion into the CFD2. BIKE PATH 1. All proposed Multipurpose Paths shall be constructed in accordance with City requirements and standards. Cross-sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review and approval. 9 City of DEPARTMENT OF PUBLIC UTILITIES Date: November 1, 2005 To: MIKE SANCHEZ, Supervising Planner Planning and Development Department, Current Planning From: DOUG BECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5538/UGM, R-05-71 and C-05-201 General Vesting Tentative Tract No. 5538/UGM, R-05-71 and C-05-201 propose a 97-lot single-family residential planned development subdivision, rezoning from the AE-20 to R-11UGM zone district on 20 acres located on the northwest corner of North Polk and West Dakota 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 capable of serving-proposed project is a 60-inch trunk main located in North Grantland Avenue. Sanitary sewer service through the City's Sewer System shall require the following prior to connection. 1. The following off-site sanitary sewer main extensions (including sewer house branch installations to adjacent properties) are required: a) Construct a 24-inch and an 18-inch sewer main in the West Dakota Avenue Alignment from North Grantland Avenue east to North Hayes Avenue. b) Construct a 12-inch sewer main in West Dakota Avenue from North Hayes east to North Polk Avenue. c) Construct an 8-inch sewer in North Polk Avenue from West Dakota Avenue north to West Ashlan Avenue. d) Installation of sewer laterals shall be required to the parcels adjacent to North Polk Avenue. e) All underground street utilities shall be installed prior to permanent street paving. f) Street easements and/or deeds shall be recorded prior to approval of improvement plans. 2. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 3. Separate sewer house branches shall be provided for each lot created. 4. Abandon all existing on-site private sanitary sewer systems. 5. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plan &profile improvement drawing for City review. 6. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 7. Engineered improvement plans prepared by a Registered Civil Engineer 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 Area: #39 3. Trunk Sewer Charge: Grantland 4. Wastewater Facilities Charge (Residential Only) Water Requirements Comply with the attached City of Fresno Water Division memo, dated November 3, 2005, for water requirements for Vesting Tentative Tract Map 5538. City of WA TER DIVISION Date: October 11, 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. 55381UGM The following conditions are required to provide water service to the tract. 1. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in North Polk Avenue from the existing 14" main north of West Dakota Avenue extending north across the frontage of the tract. 2. Construct a 14-inch transmission grid water main (including installation of City fire hydrants) in West Dakota Avenue from North Polk Avenue west across the frontage of the tract. 3. Separate water services with meter boxes shall be provided to each lot created. 4. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 5. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 6. Seal and abandon existing on-site well(s) in compliance with the State of Cali fomia Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. TAPROJMWEMConditons of Approvd\5538 101105.doc City of ov r�6�� �1►�� AY Fire Department 450 M Street Randy R. Bruegman Fresno, California 93721-3083 ` �`� Fire Chief 559-621-4000 FAX#559-498-4261 ��fOfSERV10E°�b�� www.fresno.gov Date 10-10 -05 TO: Mike Sanchez, Supervising Planner Development D partment, Planning Division FROM: Mike Schmid*, upervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No. 5538 The Fire Department has completed a review of the Vesting Tentative Tract Map 5538, which was submitted by Provost & Pritchard, Inc. 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 (temp. & perm.) Fire Station No.16. This project is subject to UGM Fire service fees for Fire Station No. 16. Provide residential hydrants and fire flows per Public Works standards with two sources of water. Access is acceptable as shown. Note: Phasing of tract will require re-review for access requirements. Fresno City of A-Amedcacar .2000 Department of Public Utilities Solid Waste Division 1325 E. EI Dorado Fresno, California 93706-2014 (559)498-1452 November 1, 2005 TO: Mike Sanchez, Supervising Planner Planning and Development Department THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Provisional Management Analyst Department of Public Utilities, Administration SUBJECT: TT 5538, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5538. 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 5538 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. The owners, lessees or other tenants of the residential dwellings on service day,before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curb-line after 8:00 p.m. on the collection day. Special Conditions: • Provide a minimum 44'radius at all corners. �2 • LotXshall place their solid waste containers along North McCaffrey Avenue for service. TT 5538-Page I of Covenant Requirements: T D"h • Lot�O on"New Street" will be required to place their solid waste containers at the southeast edge of the property line of lot 29 for service. fib+ N C omcY-0-� CVast A C C� • Lot on "New Street"will be required to place their solid waste containers at the edge of the property line close to North McCaffrey Avenue for service. TT 5538-Page 2 of 2 JAConditions of Approval_TT5538.wpd Street Name Review TM-5538 10-20-05 Street Name Status Required Change West Pontiac Way Good West Saginaw Way Chane West Farrin Avenue West Flint Way Chane West Saginaw Way West Lansing Way Chane West Flint Way 'blank' (siding onto lots 41 and 97) Add West Lansing Way New Street Chane West Lansing Way West Dakota Avenue Good North McCaffrey Avenue Good North Wheeler Avenue Good North Polk Avenue Good File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager HANSEN EDENBRIDGE FRESNO VENTURE Planning & Development Department 661 LIVE OAK DR., SUITE 3 City of Fresno MENLO PARK,CA 94025 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5538 PRELIMINARY FEE(S) (See below) DRAINAG A A(S) " AK it " - " DRAINAGE AREA " AK " $87,000.00 DATE l l3c� DRAINAGE AREA - TOTAL FEE $87,000.00 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: w 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. 5538 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 -4-2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessating appropriate floodplain management action. (See attached Floodplain Policy.) 5538 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. 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. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non- storm water discharges, conduct routine site inspections,train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5538 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: Rickjjyo s District Engineer C: PROVOST AND PRITCHARD, INC. 286 W. CROMWELL AVE. FRESNO, CA 93711 5538 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS DRAWING IS SCHEMATIC, "EO" "AK" DISTANCES ARE APPROXIMATE. A.P.N. A.P.N. -------- 311-221-07 311-221-06 24" A.P.N.: I — A.P.N. A.P.N. - -- 311-221-21 311-221-19 �\ I. ------- v -- I A.P.N. 311-221-20 i I I I 1 I I � MI � NUIn LL- REMOVE TEMP. "EO" "AK" 18" =-°a TYPE"E"INLET o ------ DAKOTA AVE. ' w> IN I LEGEND Master Plan Facilities To Be Constructed By Developer- Pipeline(size Shown)&Inlet. �—— Existing Master Plan Facilities �— Future Master Plan Facilities SCALE 1"=300' Direction Of Drainage —————— Inlet Boundary Drainage Area Boundary 0 Existing Temporary Inlet TRACT 5538/CUP 2005-201 DRAINAGE AREA: "AK" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY: RC DATE 1011945 KkuroMWWG=EXHI8InTRACTSl5 Xd%q REVISED BY: — DATE: — OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. Parcel 311-221-18 is required to grant drainage covenants for Parcels 311-221-06,07, 19,20 and 21 to allow surface runoff to reach future Master Planned facilities as shown on Exhibit No. 1. A minimum fifteen-foot (15') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations,roof overhangs, swimming pools, and trees. The easement may be slightly realigned to accommodate future development,provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline alignment,and accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. The District recommends a stub street to the north of Tract 5538. This is necessary to provide surface drainage from APN Nos. 311-221-06 and 07 to the future Master Plan inlet to the southeast. If the stub street is not constructed,then the Developer of Tract 5538 will be responsible for the non- fee creditable cost of a pipe extension to the south property line of APN No. 311-221-07. Development No. Tract 5538 enrr\permits\exh ibit2\tracts\5533(rl) �•l� r � _ „f i. �" OFFICES OF i� TR WvRD .. � PHONE(559)233-7161 FAX(559).233-8227 2907 SOUTH MAPLE AVENUE - FRESNO,CALIFORNIA 93725.2218 Your Most Valuable Resource-Water October 19, 2005 ;; lsJ � tiL__ l OCT 2 2005 Mr. Mike Sanchez City of Fresno Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 9372.1-3604 RE: VTTM No. 5533, RA No. R-05-71 & CUP No. C-05-201 —FID's Teague School No. 46 Dear Mr. Sanchez: FID's comments and requests are as follows: 1. FID's Teague School No. 46 pipeline traverses north and west of the subject property as shown on the enclosed map. 2. Should any off site improvements be required that would .affect FID's pipeline and easement FID requests it review and approve all applicable plans. 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 bjohnsonafresnoirriyation.com. Sincerely, Bret Johnson Engineering Technician I Agencies\City\TM5538 R-05-71 C-05-201 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO L'1 z�N Sf10 ve 3 X = w F_ cn ti = a OLL E Ar 1 1: 11 ' Q Q 311 S z N O Q Z � 01 Z Q Q m O ZI s a z z z g a F- a D g 31d4N3113 y s g LL 31daN3113 3 LL 2 III III MR- , J LL g $ g 1d: S ' E a II �h II fF r U J II lit - - - - - -- - - - - - - 1 I - - - - - - - - - - - - - -- - - 9V'ON IooyoS en6eal U F- h o 1 O 1 F- t i C9 W NU- 0 0 o` STATE OF CALIFORNIA—BUSINESS.TRANSPOR- -)N AND HOUSNNG AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE s P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE 559 445-6666p Flex our ower! FAX (559)488-4088 L` -. `` L_--i `J �- `�!' g – Be energy efficient! TTY (559)488-4066 O C T 2 29-05 October 21, 2005 Civ::. ,..'e.r;'•"� ,. 213 1-IGR/CEQA 6-FRE-99-25.8+/- C-05-201, R-05-71 & T-5444 HANSON PSC, INC. Mr. Mike Sanchez City of.Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Sanchez: We have reviewed the rezone, use permit, tract map, and Traffic Impact Study(TIS) for the 97-lot,single- family residential subdivision located on the northwest comer of North Polk and West Dakota Avenues. Caltrans has the following comments: Caltrans concurs with the trip generation/trip distribution as presented in the TIS. Figure 3-4 of the TIS indicates that trips from this site.would impact the State Route (SR) 99 interchanges at Shaw (3 trips) and Ashlan(6 trips)Avenues. Caltrans has previously determined a cost-per-trip for each of these interchanges. Using the applicant's traffic study and our cost- per-trip, we calculate the following fair share for this project: Shaw Interchanae Eastbound through on Shaw 3 trips * $685/trip =$2,055 zkshlan Inter chanEe Northbound off-ramp 3 trips * $1,163 =$3,489 Southbound off-ramp 3 trips * $2,394=$7,182 It is therefore estimated that this development's proportional fair share to mitigate for cumulatively significant project-related impacts is $12,726. When combined with other development in the area, this project's impacts to the transportation/circulation system and to air quality will be cumulatively significant. Cumulative impacts to these resources were not fully addressed in the General Plan Update Master EIR, but postponed to future studies. The Master EiR did not perform any analysis of the impacts to State facilities from implementation of the General Plan, and hence cannot be relied upon to support subsequent projects that impact State Highways. The City should consider a mechanism for evaluating and mitigating for these impacts. V "Caltrans improves mobility across California" Mr. Mike Sanchez October 21, 2005 Page 2 The City should consider a transit alternative for this project. There is sufficient development in the area to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in the staff reports for the Planning Commission and the City Council. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions, please call me at (559) 445-6666. Sincerely, O MOSES STITES Office of Transportation Planning District 06 j Enclosure C:Ms Barbara Goodwin, Council of Fresno County Governments ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the ion- term viability of public transportation. co Countyof Fresno �( DEPARTMENT OF PUBLIC WORKS AND PLANNING 0� 1$50 Alan Weaver, Director October 17, 2005 OCT0 20.j Ilfj Dwitsi,7n City of Fresno, Development Department ;i W r }`en' Planning Division Land Division Section 2600 Fresno Street, Room ,3043 Fresno, CA 03721-3604 Attention: Mike Sanchez Dear Mr. Sanchez: Subject: Vesting Tentative Map of Tract No. 5538/UGM, Rezoning Application No. R-05-71, and Conditional Use Permit No. C-05-201 The properties being processed for this Map is still under the jurisdiction of Fresno County. City of Fresno must obtain Fresno County consent for acquisition of right-of- way within County's jurisdiction for road construction purposes on both Polk and Dakota Avenue. .Fresno County will need to review and approve the Grading and Drainage Plan to insure that the properties under the County's jurisdiction to north and west are not adversely impacted by the increase in storm water runoff or alteration to the existing drainage patterns. Street Improvement plans of all new and/or reconstructed roads which are adjacent to County roads or properties under the County's jurisdiction should be reviewed and approved by the County. Temporary timber barricades should be required at the end of streets which are proposed as through streets (New Street). ROAD MAINTENANCE& OPERATIONS DNISION 2220 Tulare Street,Sixth Floor/Fresno, California 93721/Phone(559)262-4240/FAX(559)262-4166 Equal Employment Opportunity•Affirmative Action•Disabled Employer Mike Sanchez October 17, 2005 Page 2 Thank you for the opportunity to review this project. You can reach me at 262-4106 if you have any question regarding these comments. Sincerely, Frank L. Daniele, Interim Division Manager Maintenance and Operations Division Casey Cf� er Engineer Developmentngineering CC.ch G14510RdMaintlDev.EngineenngWike Sanchez 101705.doc ROAD MAINTENANCE&OPERATIONS DIVISION 2220 Tulare Street,Sixth Floor 7 Fresno, California 93721 /Phone(559)262-4240/FAX(559)262-4166 Equal Employment Opportunity•Affirmative Action •Disabled Employer San Joaquin Valley Air Pollution Control District October 11, 2005 E�feT:�:q::No. C200501328 City of Fresno Q C r 1 2 aP PLANNIG DIVISION/Development Dept. Attn: Mike Sanchez n ni;7", C/1%7:"'1 2600 Fresno Street Fresno, CA 93721-3604 Subject: T-5538, R-05-71, C-05-201 — Hansen Edenbridge Fresno Venture (APN: 311-221-'i 8) Dear.Mr. Sanchez: 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.ora/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, carryout and trackout, landfill operations, etc. If a residential project is 10.0 or more acres in area or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials on at least three days, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. The District's compliance assistance bulletin for construction sites can be found at: http://www.vallevair.org/busind/comp) /PM10/Req%20V111%20CAB.pdf. A template of the District's Dust Control Plan is available at: htti)://www.valleyair.org/busind/com ply/PM 10/forms/DCP-Form%20-%2010-14-2004.pdf Rule 4002 (National Emission Standards for Hazardous Air Pollutants). In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos-contractor in accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact Mr. Brian Dodds of this office at (559) 230- 5962, or contact CAL-OSHA at (559) 454-1295. An Asbestos Requirements Bulletin has been enclosed for the applicant. The District's Asbestos Requirements Bulletin can be found at: http://valleyair.org/busind/comply/asbestosbultn.htm Mr. Sanchez October 11, 2005 T-5538, R-05-71, C-05-201 Page 2 Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) regulates the use of open burning and specifies the types of materials which may be open burned. Agricultural material shall not be burned when the land use is converting from agriculture to non-agricultural purposes (e.g., commercial, industrial, institutional, or residential uses). Section 5.1 of this rule prohibits the burning of trees and other vegetative (non-agricultural) material whenever the land is being developed for non-agricultural purposes. In the event that the project applicant burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1,2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three.(3) dwelling units per acre. 5.3.3 No person shall install more than one (1)wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.valleyair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager,at 230-5968. Rule 4902 (Residential Water Heaters) limits emission of NOx from residential developments. The District encourages innovation in measures to reduce air quality impacts. There are a number of features that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The suggestions listed below should not be considered all-inclusive and remain options that land-use authority should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Also, large canopy shade trees should be planted adjacent to all sidewalks thirty foot on center and at a ratio of one tree for each five parking spaces. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http,://www.ufei.org/ For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.lgc.org/bookstore/'energy/downloadsisiv tree quidelines.pdf Mr. Sanchez October 11, 2005 T-5538,R-05-71, C-05-201 Page 3 • As many energy-conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency(above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E) - Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at http://www.agmd.gov/business/brochures/zerovoc.htmi - High-albedo (reflecting) roofing material. See http://eetd.IbI.gov/cooIroof/ - 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://wmv.advancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - More information can be found at: http://www.lgc.org, http://www.sustainable.doe._qov/, http://www.consumerenergyicenter.org/index.html, http://www.ciwmb.ca.qov/GreenBuildingf • The project should include as many clean alternative energy features as possible to promote energy self-sufficiency. Examples include (but are not limited to): photovoltaic cells, solar thermal electricity systems, small wind turbines, etc. Rebate and incentive programs are offered for alternative energy equipment. More information can found at- http://www.dsireusa.or_q , htto://rredc.nrel.gov/, http://www.energy.ca.gov/renewables/ • Construction activity mitigation measures include: - Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - 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. Sanchez October 11, 2005 T-5538, R-05-71, C-05-201 Page 4 • The applicant should use CARB certified alternative fueled engines in construction equipment where practicable. Alternative fueled equipment may be powered by Compressed Natural Gas (CNG), Propane (LPG), electric motors, or other CARB certified off-road technologies. To find engines certified by the CARB, see their certification website http://www.arb.ca.gov/msprog/offroad/cert/cert.php. For more information on alternative fuel engines, please call Mr. Chris Acree, Senior Air Quality Specialist, at (559)230-5829. • Construction equipment should have engines that meet the current off-road engine emission standard (as certified by the CARB), or be re-powered with an engine that meets this standard. Tier I and Tier II engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the CARB, see http://www.arb.ca.gov/msprog/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Kevin McCaffrey, Air Quality Specialist, at (559)230-5831. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5820 and provide the reference number at the top of this letter. Sincere[ ector R. G} a Senior Air I ality Planner Central Region HRG:cxt Enclosures San ,Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 2004. This is a basic summary of.the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at anytime. Visible Dust Emissions opacity of 20% means dust that would obstruct an observer's view of an object by 20% District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and holidays. This :requirement also applies to inactive construction areas such as phased. .projects where disturbed 'land is left unattended. Applying water to form a visible crust on the soil and restricting`vehicle access are often effective for short-term.stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover. Carryout and,Trackout occur when materials from emptied or loaded vehicles falls onto a paved surface or shoulder of a public road or when materials adhere to vehicle tires and are deposited onto a paved surface or . shoulder of a public road. Should either occur, the material must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods require the complete removal and cleanup of mud and dirt from the paved surface and shoulder. Using a blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a violation. Larger construction sites must prevent carryout and trackout from occurring by installing gravel pads, grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from the site. Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet. Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing wind barriers to limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700"Ni" Street,Suite 275 Modesto,CA 95356-9321 Fresno, CA 93726-0244 Bakersfield,CA 93301-2373 (209) 557-6400 ♦ FAX(209) 557-6475 (559)230-6000 ♦ FAX(559) 230-6062 (661)326-6900 ♦ FAX(661)326-6985 with applying water to the top of the load, and covering the cargo compartments are effective measures for reducing VDE and carryout from vehicles transporting bulk materials. Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces where materials may fall. Consider all structures slated for demolition as possibly being regulated because of asbestos, per District Rule 4002 - National Emission Standards for Hazardous Air Pollutants. Contact the District well. before starting because a 10 working day notice will. likely be required before a demolition can begin. Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented before, during, and after any dust generating activity for the duration of the project. Owners or operators are . required to submit plans to the District if, at anytime, the project involves: • Residential developments of ten or more acres of disturbed surface area. • Non-residential developments of five or more acres of disturbed surface.area. • Relocating more than 2,500 cubic yards per day of materials on at least three days. Construction activities may not commence until the District has approved the Dust Control Plan. Notification by owners or operators of construction projects that are at least one acre in size and where a Dust Control Plan is not required, must provide written notification to the District at least 48 hours in advance of any earthmoving activity. Record Keeping is required .to_document compliance with the rules and must be kept for each day any dust control measure is used. The District has developed record forms for water application, street sweeping, and "permanent" controls such as applying long term.dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Records must be kept for one year after the end of dust generating activities (Title V sources must keep records for five years). .Exemptions.exist for several activities. Those occurring above 3,000 feet in elevation are exempt from 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 V111, 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 .+i ✓ +5 a� "Yi+ it �•_ - �_Zr'X'; °-'.fib, W, � �� � � N .k' *• 106 `gar^�_� ��-{.}i y..•• �„rl � � -� � M ;SI+M T LO �. �� � .�s . •cif�t � .. C s+t+r-a+�-+ •.-..r L ami 3 3' o L 2 y,1 Rcc cu 2 c CO c c m Q cc VJ cn ch E a > (D tn EE N E N •c o `o ccO cuo (/) �- � C) C) �.atici2i ax.�•it.i•i�1LFJa.�.'..�._-r` � 3 ;�. 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N cc ti_ +0.1 � y C O (0 a aJ a) a) Q7 m CL > O a) sO•, O C }� m Q) cn >� _ .i — 3 m C �' CL c - C m m L , m c°) a) m cmo �' c E �, `o aNi en m o m o c c ° ° ca c c c o L a� a� m „�� ' m m .o C om• 3 ca '^ a� N m m N � o � — W o `o 0 m o ua o C L C L = C O - E m U- na CD CL 3 .Lv o Q m o t o o c ha v m N c c ED � ¢� � = p c L o m p0 0 o a C y N c nCc a� v -0 m �` > m L" Y m cu L a� m o > m m o u0i c C m 3 E E O L 'C L m L O O a) a) (9 a] U N luffl- ca m. p ..� O C En fn Ul U "G Q C� N 2 C O L > 3 - N 0 cc 0 7 p Q) L ��saae�rf ✓� CENTRAL UNIFIED SCHOOL DISTRICT �turian�r�y d _ 4605 NORTH POLK AVE • FRESNO, CA 93722-5334 (559)276.5206 mrydetQcentralusdk12.ca.us DISTRICT SUPERINTENDENT oar DXS� Marilou Ryder,Ed. D. TRUSTEES: Cindy Berube Terry Cox November 14, ZOOS Judith Geringer _ ... - -- Theresa Hagans Diana Milla IS Cit of Fresno J Phil Rusconi City Mike Yada Planning Department 2600 Fresno Street17 Fresno, CA 93721 Attn: Mike Sanchez Subject: File No.: TT 5538 Central Unified School District has the following conditions/comments for the above project(s): Condition of approval: 1. School Developer Fees shall :be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620. 2. 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. 3. Install a permanent school bus pull-out, per the attached design drawing, located at one of the following areas: 1. Along Southbound Polk Avenue adjacent to lots 89, 90, 91 & 92 Or 2. Along Westbound Dakota Avenue adjacent to lots 30, 31, 32 & 33. The District is willing to work with the Developer to determine the location of this permanent school bus pull out. JUvl YOVINO JOHN IVIULLIGAN SARAH KOLIGIAN Assistant Superintendent,Personnel Chief Financial Officer Assistant Superintendent,Instruction (559)276-5224 (559)276-5200 (559)276-3115 FAX/5991?7h_?9ti3 FAX(5591 276-0394 FAY f1;1C 77�A Ing Comments: The proposed project will add approximately 56 K-12 grade students to the District's average daily attendance. Number of lots / units = 97 Grade Level: Students Generated K-6 grade students 35 7-8 grade students 9 9-12 grade students 12 TOTAL K-12 grade 56 The District will be able to accommodate these new students at the schools of attendance indicated below. To offset the cost to house these students, the District currently levies development fees of $2.24 per square foot for residential development and $0.36 per square foot for commercial / industrial development. As a point of information, development fees are subject to increase every two years by the State Allocation Board. Any new development on the property will be subject to the development fees in place at the time development fee certificates are obtained. Sidewalks along interior neighborhood streets and major exterior streets provide the necessary identifiable boundary between students and traffic, and provide a safe place for students walking to and from existing school sites and bus stops. Bus transportation is currently provided for: • K-8th grade students residing at least one mile or more from their school of attendance; • 9th_12th grade students residing at least two miles or more from their school of attendance. Bus transportation will be available for students attending the below identified elementary and middle in accordance with District standards and policies in effect at the time of enrollment. The District has concluded using interior subdivision streets are not adequate or safe for bus turning and/or navigation movements. Therefore, the District will require a permanent bus pull out, separated from traffic lanes by a decorative concrete median strip. Attached is a design drawing that meets approval by the City Traffic Engineering Manager. The following school of attendance information is provided: • Elementary School Information: (a) School Name: Steinbeck Address: 3550 N. Milburn • Middle School Information: (a) School Name: Rio Vista (b) Address: 6240 W. Palo Alto Ave. • High School Information: (a) School Name: Central High School — East Campus Address: 3535 N. Cornelia Ave (b) Currently, Central High School - West Campus is a mandatory attendance gch grade school with optional programs for grades 10th -12th The California Department of Education has current API scores - see: http://www.cde.ca.qov/ta/ac/ap/index.asp (however this site does not have current District enrollment data - see: http://www.ed-data.kl2.ca.us/.) The District appreciates the opportunity to comment on above project. Should you have questions or need additional information, please contact me at 559-276-5203 or ddeel(a,centralusd.k12.ca.us. Sincerely, David Deel Facilities Planning Manager Attachment Pacific Sas and Electric Company' Corporate Real Estate 650 "0"Street, Bag 23 South Valley Land Services Fresno, CA 93160-0001 October 14, 2005 Development Department71 Engineering Services Division Land Division Section 2600 Fresno Street, Room 3043 Fresno, CA. 93721-3604 Attn: Mike Sanchez Dear Mike Sanchez, We have reviewed Tentative Tract Map No. 5538. 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. Sincerel Lyleatten Land Agent