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Home My WebLink AboutT-5564 - Conditions of Approval - 9/28/2006 C'" ,u., REPORT TO THE CITY COUNCIL FREe AGENDA ITEM NO. COUNCIL MEETING 06/13/06 June 13, 2006 APPROVED BY DEPARTMENT DIRECT FROM: NICK P. YOVINO, Director — f1i Planning and Development Department CITYMANAGER BY: DARRELL UNRUH, Planning Manager # Planning Division ``�� SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-63, AND RELATED ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-63/C-06-19fT-5564 KEY RESULT AREA One Fresno RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental finding of Environmental Assessment No. R-05-63/C-06-19/T-5564, dated March 30, 2006, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130. 2. APPROVE Rezone Application No. R-05-63 to change the existing zone district designation from the AE-20/UGM (Exclusive Twenty-Acre AgriculturaUUr6an Growth Management) zone district to the R-1-C/UGM/CZ (Single Family Residential/Urban Growth Management/with Conditions of Zoning)zone district. EXECUTIVE SUMMARY George Goddard has filed Rezone Application No. R-05-63, Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM pertaining to approximately 2.62 acres of property located on the south side of East Powers Avenue between North Cedar and North Maple Avenues. Rezone Application No. R-05-63 proposes to reclassify the subject site from the AE-20/UGM (Exclusive Twenty-Acre AgriculturaUUr6an Growth Management) zone district to the R-1-C/UGM/CZ (Single Family Residential/Urban Growth Management/with Conditions of Zoning) zone district. The subject property is planned for medium-low density residential land uses. If approved, Rezone Application No. R-05-63 would facilitate development of a 6-lot, single family residential planned unit development with private street and modified setback requirements, which has been proposed by Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium-low density residential planned land use designation allows 2.19-4.98 dwelling units per acre. Overall, the proposed subdivision density is 2.29 dwelling units per acre. The subject rezone application would bring the subject property into conformance with the 2025 Fresno General Plan and the Woodward Park Community Plan. The requested rezone application is supported by staff, the Northeast Area Advisory Committee and the :City of Fresno Planning Commission. REPORT TO THE CITY COUNCIL Rezone Application No. R-05-63 June 13, 2006 Page 2 KEY OBJECTIVE BALANCE Council action regarding this proposed land use application optimizes the three Key Objectives of Customer Satisfaction, Employee Satisfaction, and Financial Management. Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant/customer. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant/customer has paid to the city a fee for the processing of this application and that fee is, in turn, funding the operations of the Planning and Development Department. Employee satisfaction is derived from the fact that the professional and technical staff, who have reviewed and made a recommendation on this land use application, have done so in a thorough and professional manner, thereby enhancing the sense of accomplishment in the completion of the application process. PROJECT INFORMATION PROJECT Rezone Application No. R-05-63, Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM propose to develop a 6- lot single family residential subdivision planned unit development at an overall density of 2.29 dwelling units/per acre. APPLICANT George Goddard (Engineer: Harbour and Associates) LOCATION South side of East Powers Avenue between North Cedar and North Maple Avenues(Council District 6, Councilmember Duncan) SITE SIZE 2.62 acres LAND USE Existing - Vacant/Rural residential/Agricultural land use Proposed - Medium-low density residential planned land use (2.19- 4.98 Dwelling Unit/Acres). ZONING Existing - AE-20/UGM (Exclusive Twenty-Acre Agricultural District/ Urban Growth Management) Proposed - R-1-C/UGM/CZ (Single Family Residential District/Urban Growth Management/with Conditions of Zoning) PLAN DESIGNATION The proposed R-1-C/UGM/CZ zone district designation is consistent with AND CONSISTENCY the 2025 Fresno General Plan and the Woodward Park Community Plan planned land use designation of medium-low density residential (2.19 to 4.98 units per acre). ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) issued on March 30, 2006 PLAN COMMITTEE The Northeast Area Advisory Committee recommended approval of RECOMMENDATION the rezone and tentative tract map applications at its meeting on September 28, 2005. No additional review was required following submittal of the conditional use permit application. STAFF Recommend approval of Rezone Application No. R-05-63 and associated RECOMMENDATION environmental finding subject to the recommended conditions of zoning. REPORT TO THE CITY COUNCIL Rezone Application No. R-05-63 June 13, 2006 Page 3 PLANNING At the regular meeting held May 17, 2006, the Planning Commission COMMISSION recommended that the City Council approve Rezone Application RECOMMENDATION No. R-05-63. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use Medium-Low Density AE-20/UGM North Residential (Exclusive Twenty-Acre Agricultural Rural Residential District/Urban Growth Management) Medium-Low Density R-1/UGM Single Family Residential South Residential (Single Family Residential Tract No. 4126 District/Urban Growth Management) (Approved 1992 AE-20/UGM East Medium-Low Density (Exclusive Twenty-Acre Agricultural Rural Residential Residential DistridlUrban Growth Management) R-2/UGM/CZ 248-unit Condominium West Medium-High Density (Low Density Multiple Family Community Residential Residential DistrialUrban Growth (Approved 1986) Management/Conditions of Zoning) ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-05-63/C-06-19/T-5564 considered potential environmental impacts associated with the subject rezone and vesting tentative tract map applications 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. 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 fully within the scope of MEIR No. 10130 as provided by the California Environmental Quality Act (CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR No. 10130 and as provided by CEQA Section 15178(a). Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 30, 2006, which incorporates an MEIR Mitigation Monitoring Checklist. This environmental finding was properly published on March 30, 2006, with no comments received to date. BACKGROUND/ANALYSIS George Goddard has filed Rezone Application No. R-05-63, Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM pertaining to approximately 2.62 acres of property REPORT TO THE CITY COUNCIL Rezone Application No. R-05-63 June 13, 2006 Page 4 located on the south side of East Powers Avenue between North Cedar and North Maple Avenues. Rezone Application No. R-05-63 proposes to reclassify the subject site from the AE-20/UGM (Exclusive Twenty-Acre Agricultural/Urban Growth Management) zone district to the R-1-C/UGM/CZ (Single Family ResidentiaUUrban Growth Management/with Conditions of Zoning) zone district. Conditional Use Permit Application`No. C-06-19 and Tentative Tract Map No. 5564/UGM, approved by the Fresno City Planning Commission on May 17, 2006, provides for a 6-lot, single family residential planned unit development with private street, modified setback requirements and installation of related facilities and infrastructure, consistent with the medium-low density residential planned land use designation (2.19 to 4.98 dwelling units per acre). The subject property is within the boundaries of, and is consistent with, the 2025 Fresno General Plan and Woodward Park Community Plan. The subject property is currently vacant. The approximately two and one-half acre parcels located directly to the north and east of the subject property are currently developed with single family residences at rural densities. Property to the south of the subject property has been developed with medium-low density single family residential dwelling units (Tract No. 4126 approved 1992) and an approximately 19.13 acre area to the west of the subject property has been developed as a 248-unit condominium community (Conditional Use Permit Application No. C-7815 & Tract No. 3844/UGM approved 1986). Neighboring property owners to the east and north of the subject property have expressed concerns related to the proposed development. Those concerns were conveyed to the respective council district representative whom met with staff. The following includes requirements intended to address the concerns of adjacent property owners and a brief explanation. These requirements are recommended as conditions of zoning for Rezone Application No. R-05-63. 1. A two-ply (double-sided) wood fence shall be constructed to City Standards and maintained along the northern and eastern exterior boundaries of the subject property to points on the same property lines which measure 35 feet from the East Powers Avenue right-of-way. Said fence may include or be augmented by architecturally designed features and shall be approved by the Director of the Planning and Development Department. The subject site is adjacent to properties which have been developed with single family residences at rural residential densities on lots approximately two and one-half acres in size. The intention of requiring said fence is to mitigate any adverse impacts which may be expected from the development of smaller sized lots on the subject property and to protect and preserve the integrity and context of the existing homes on East Powers Avenue. 2. Any proposed two-story residences on the subject property shall be designed and constructed in a manner and with elements which will maximize privacy to adjacent properties. Said design measures shall be reviewed and approved by the Director of the Planning and Development Department prior to issuance of building permits. The subject property shares common property lines with single-story single family residences immediately to the north, east and south. The subdivider will be required to implement design measures which will protect the privacy of adjacent properties. These design measures may include but are not limited to; directing the orientation of second-story windows away from adjacent single-family uses, the provision of adequate setbacks and/or open space landscape screens. Measures proposed shall be approved prior to issuance of building permits. REPORT TO THE CITY COUNCIL Rezone Application No. R-05-63 June 13, 2006 Page 5 Land Use Plans and Policies The 2025 Fresno General Plan and Woodward Park Community Plan designate the project site for medium-low density residential planned land uses. The proposed R-1-C/UGM/CZ (Single Family Residential District/Urban Growth Management/with Conditions of Zoning) zone district is consistent with the medium-low density residential planned land use designation. The 6-lot single family residential planned unit development proposed by Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. T-5564/UGM is compatible with the applicable community and general plan goals, policies, and implementation measures intended to provide for the efficient uses of natural resources and public facilities; the construction of adequate public improvements by the development which generates the demand for these facilities; and, the implementation of a functional land use pattern consistent with the population and economic growth projections of the 2025 Fresno General Plan. Circulation Element Plan Policies and Major Street System Traffic Capacity The Public Works Department Traffic Division has reviewed the proposed rezone application and development proposals for the subject property and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated. Furthermore, the Public Works Department staff has concluded that this project will not have significant adverse impacts upon the city's circulation system and that any impacts are mitigable through the city's standard process and requirements for projects that abut major streets. State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the rezone, conditional use permit and tentative tract map applications. Caltrans provided no comments or recommendations within its memorandum dated August 23, 2005. Fresno City Planning Commission This rezone application, associated conditional use permit application, and tract map were considered by the Fresno City Planning Commission at its meeting on May 17, 2006. At the Planning Commission hearing, the commission took action to recommend approval of the environmental finding of Environmental Assessment No. R-05-63/C-06-19fT-5564 dated March 30, 2006 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130); and Rezone Application No. R-05-63, which proposes to reclassify the subject property from the AE-20/UGM (Exclusive Twenty-Acre AgriculturaUUrban Growth Management) zone district to the R-1-C/UGM/CZ (Single Family ResidentiaUUrban Growth Management/with Conditions of Zoning) zone district. CONCLUSION 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 Woodward Park 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 REPORT TO THE CITY COUNCIL Rezone Application No. R-05-63 June 13, 2006 Page 6 concluded that Rezone Application No. R-05-63 is appropriate for the project site. Therefore, staff recommends that the Fresno City Council approve the subject rezone application and associated environmental finding. Attachments: Exhibit"A" Vicinity Map Exhibit "B"Aerial Photograph Exhibit "C" Site Plan for Conditional Use Permit Application No. C-06-19 Letter from Caltrans dated August 23, 2005 Environmental Assessment No. R-05-63/C-06-19/T-5553, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR 10130) dated March 30, 2006. Planning Commission Resolution No. 12480 for Rezone Application No. R-05-63 & Related Environmental Assessment Planning Commission Resolution No. 12481 for Tentative Tract Map No. T-5564/UGM Planning Commission Resolution No. 12482 for Conditional Use Permit Application No. C-06-19 City Council Ordinance Bill for Rezone Application No. R-05-63 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12481 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,Tentative Tract Map No. 5564/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 6-lot single family residential planned unit development on approximately 2.62 acres of property located on the south side of East Powers Avenue between North Cedar and North Maple Avenues; and, WHEREAS, on September 28, 2005, the Northeast Area Advisory Committee recommended approval of the tract map and related rezone application; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated May 17, 2006; and, WHEREAS, at that same hearing the Commission reviewed related Rezone Application No. R-05- 63 proposing to reclassify the subject site from the AE-20/UGM (Exclusive Twenty-Acre Agricultural/Urban Growth Managemeno zone district to the R-1-C/UGM (Single Family Residential/Urban Growth Management) zone district; and, WHEREAS,the Fresno City Planning Commission conducted a public hearing on May 17,2006,to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Tentative Tract Map No. 5564/UGM may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 30, 2006, prepared for Environmental Assessment No. R-05-63/C-06-19/T- 5564. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the subject tentative tract map is consistent with the adopted 2025 Fresno General Plan and the Woodward Park Community Plan and the findings required pursuant to Section 66410 et.seq.of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Tentative Tract Map No. 5564/UGM subject to the Planning and Development Department Conditions of Approval dated May 17, 2006 and the following modifications to said conditions: 1. The subdivider shall be responsible for the construction and installation of traffic calming measures/devices on East Powers Avenue, as indicated within the Report to the Planning Commission dated May 17, 2006. Planning Commission Resolution No. 12481 Tentative Tract Map No. 5564/UGM May 17, 2006 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Cherry, seconded by Commissioner Vang VQTINQ Ayes - Cherry, Kissler, Torossian, Vang Noes - None Not Voting - None Absent - DiBuduo, Holt, Vasquez DATED: May 17, 2006 NICK P. YOVINO, Secretary Fresno City Planning Commission Resolution No. 12481 Tentative Tract Map No. 5564/UGM Filed by Harbour & Associates on behalf of George Goddard Action: Approved City of ,��, REPORT" ra THE PLANNING COMMISSION �M? AGENDA ITEM NO.. vii—A COMMISSION MEETING 05-17-06 May 17, 2006 f�)AtAAPPROVED BY FROM: STAFF, Planning Division f�� Planning and Development Department DEPARTMENT DIRECTOR SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-63, CONDITIONAL USE PERMIT APPLICATION NO. C-06-19, TENTATIVE TRACT MAP NO. 5564/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-63/C-06-19/T-5564 (Continued from May 03, 2006) Following the continuance of the Planning Commission's consideration of Rezone Application No. R-05- 63, Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM on May 03, 2006, City of Fresno Planning and Development Department and Public Works Staff met with the property owner/applicant George Goddard, Stan Harbour, Engineer, and neighboring property owners in order to discuss potential traffic calming measures which may be utilized in order to mitigate existing and potentially future issues with excessive vehicular speeds on the over length East Powers Avenue. The proposal brought forth by the project engineer, Stan Harbour, consisted of a narrowing device or "choker' which would be comprised of bulb-outs to be constructed on either side of East Powers Avenue that would narrow the existing 36-foot road width to a 24-foot road width. This type of traffic calming measure is used to create horizontal deflection or a narrowing of the street which in turn will cause vehicle speeds to slow before entering a narrow street section. The bulbs to be constructed on either side of the street may, dependent upon the circumstances, include signage, landscaping, striping, etc. in order to caution drivers. The subject proposal has been reviewed and considered by the City of Fresno Planning & Development Department, Department of Public Works, Fire Department, and the Department of Public Utilities, Solid Waste Division. All of the respective departments have determined that the proposed narrowing device is an acceptable solution to the respective property owners' concerns over vehicle speeds on East Powers Avenue. r At the meeting held on May 10, 2006, when the applicant met with the neighboring property owners and City Staff, it appeared that a general consensus was reached that the traffic calming measures proposed would be sufficient to address the issue at hand. The applicant agreed to assume responsibility for the costs, construction and installation of the aforementioned traffic calming measures. The owners of property which would include the narrowing devices agreed to assume responsibility for the maintenance of the street improvements and landscaping installed within the limits of their property. City Staff concurs with the agreements which were reached by the respective parties and interests at the meeting held May 10, 2006 and recommends that the Planning Commission approve the proposal for the installation of the aforementioned traffic calming devices within the respective portion of East Powers Avenue. Attachments: Report to Planning Commission dated May 17, 2006 with attached Conditions of Approval griNaAV alavq HIHON ; —.. - - - - - - - - - - - - - - - - - - - - - - - ''' I i i co I - Illj I I it I ji Ij I I j II I II I II o III I I I I I I I M I Z Z va z a. I I II — I I I I �I 15 j I um mvaaoo "ad aty of W. REPORI .J THE PLANNING COMMISSION AGENDA ITEM NO.. VII—A FRESW COMMISSION MEETING 05-17-06 May 17, 2006 APPROVED BY k/ FROM: STAFF, Planning Division (,#N Planning and Development Department DEPARTMENT DIRECTOR SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-05-63, CONDITIONAL USE PERMIT APPLICATION NO. C-06-19, TENTATIVE TRACT MAP NO. 5564/UGM AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-05-63/C-06-19/T-5564 EXECUTIVE SUMMARY George Goddard has filed Rezone Application No. R-05-63, Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM pertaining to approximately 2.62 acres of property located on the south side of East Powers Avenue between North Cedar and North Maple Avenues. Rezone Application No. R-05-63 proposes to reclassify the subject site from the AE-20/UGM (Exclusive Twenty-Acre AgriculturaUUrban Growth Management) zone district to the R-1-C/UGM (Single Family ResidentiaUUrban Growth Management) zone district. The subject property is planned for medium-low density residential land uses. Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM propose to subdivide the subject property into a 6-lot, single family residential subdivision planned unit development with private street and modified setback requirements. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium-low density residential planned land use designation allows 2.19-4.98 dwelling units per acre. Overall, the proposed subdivision density is 2.29 dwelling units per acre. The applications would bring the subject property into conformance with the 2025 Fresno General Plan and the Woodward Park Community Plan. PROJECT INFORMATION PROJECT Rezone Application No. R-05-63, Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM propose to develop a 6-lot single family residential subdivision planned unit development at an overall density of 2.29 dwelling units/per acre. APPLICANT George Goddard (Engineer: Harbour and Associates) LOCATION South side of East Powers Avenue between North Cedar and North Maple Avenues (Council District 6, Councilmember Duncan) SITE SIZE 2.62 acres LAND USE Existing - Vacant/Rural residential/Agricultural land use Proposed - Medium-low density residential planned land use (2.19- 4.98 Dwelling Unit/Acres). ZONING Existing - AE-20/UGM (Exclusive Twenty-Acre Agricultural DistrialUrban Growth Management) Proposed - R-1-C/UGM (Single Family Residential DistrictlUrban Growth Management) REPORT TO THE PLANNING. _JMMISSION Rezone Application No. R-05-63 Conditional Use Permit Application No. C-06-19 Tentative Tract Map No. 5564/UGM May 17, 2006 Page 2 PLAN DESIGNATION The proposed R-1-C/UGM zone district designation is consistent with the AND CONSISTENCY 2025 Fresno General Plan and the Woodward Park Community Plan planned land use designation of medium-low density residential (2.19 to 4.98 units per acre). ENVIRONMENTAL FINDING Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) issued on March 30, 2006 PLAN COMMITTEE The Northeast Area Advisory Committee recommended approval of RECOMMENDATION the rezone and tentative tract map applications at its meeting on September 28, 2005. No additional review was required following submittal of the conditional use permit application. STAFF RECOMMENDATION Recommend approval to City Council of Rezone Application No. R-05-63 and approve Conditional Use Permit Application No. C-06-19 and Tentative Tract Map Application No. 5564/UGM subject to compliance with the Conditions of Approval dated May 17, 2006. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium-Low Density AE-20/UGM Residential (Exclusive Twenty-Acre Agricultural Rural Residential District/Urban Growth Management) South Medium-Low Density R-1/UGM Single Family Residential Residential (Single Family Residential Tract No. 4126 District/Urban Growth Management) (Approved 1992 East AE-20/UGM Medium-Low Density (Exclusive Twenty-Acre Agricultural Rural Residential Residential DistrictlUrban Growth Management) est R-2/UGM/CZ 248-unit Condominium Medium-High Density (Low Density Multiple Family Community Residential Residential District/Urban Growth (Approved 1986) Management/Conditions of Zoning) ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-05-63/C-06-19lT-5564 considered potential environmental impacts associated with the subject rezone and vesting tentative tract map applications 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. 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 fully within the scope of MEIR No. 10130 as provided by the California Environmental Quality Act (CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR No. 10130 and as provided by CEQA REPORT TO THE PLANNINU -OMMISSION Rezone Application No. R-05-63 Conditional Use Permit Application No. C-06-19 Tentative Tract Map No. 5564/UGM May 17, 2006 Page 3 Section 15178(a). Therefore, staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 30, 2006, which incorporates an MEIR Mitigation Monitoring Checklist. This environmental finding was properly published on March 30, 2006, with no comments received to date BACKGROUND/ANALYSIS George Goddard has filed Rezone Application No. R-05-63, Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM pertaining to approximately 2.62 acres of property located on the south side of East Powers Avenue between North Cedar and North Maple Avenues. Rezone Application No. R-05-63 proposes to reclassify the subject site from the AE-20/UGM (Exclusive Twenty-Acre Agricu/turaUUrban Growth Management) zone district to the R-1-C/UGM (Single Family Residential/Urban Growth Management) zone district. The subject property is planned for medium-low density residential land uses. Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. 5564/UGM propose to subdivide the subject property into a 6-lot, single family residential planned unit development with private street, modified setback requirements and installation of related facilities and infrastructure. According to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium-low density residential planned land use designation allows 2.19-4.98 dwelling units per acre. Overall, the proposed subdivision density is 2.29 dwelling units per acre. The subject property is within the boundaries of, and is consistent with, the 2025 Fresno General Plan and Woodward Park Community Plan. The subject property is currently vacant. The approximately two and one-half acre parcels located directly to the north and east of the subject property are currently developed with single family residences at rural densities. Property to the south of the subject property has been developed with medium-low density single family residential dwelling units (Tract No. 4126 approved 1992) and an approximately 19.13 acre area to the west of the subject property has been developed as a 248-unit condominium community (Conditional Use Permit Application No. C-7815 & Tract No. 3844/UGM approved 1986). Public Resources The Public Utilities Department, within its memorandum dated August 24, 2005, required as a condition of project approval that two independent sources of water meeting Federal and State Drinking Water Act Standards, would be required to serve the proposed tract including any subsequent phases thereof. The aforementioned memorandum further provided that the two-source requirement could 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. The project engineer has proposed a single water main line connection and provided calculations for fire flows with a 10-inch or 12-inch extension from the existing eight-inch main line at the end of the existing East Powers Avenue cul-de-sac. The Department of Public Utilities has approved the proposal for a single main line connection subject to Fire Department approval of flows and pressures through an adequately sized main extension, with fire hydrant or "blow off' at the end of the new line. The City of Fresno Fire Department has accepted said proposal with 10-inch main line extension and fire sprinkler mitigation. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130 and the Water Resources Management Plan will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. REPORT TO THE PLANNING. _JMMISSION Rezone Application No. R-05-63 Conditional Use Permit Application No. C-06-19 Tentative Tract Map No. 5564/UGM May 17, 2006 Page 4 Adequate sanitary sewer services are available to serve the project subject to a private extension of sewer facilities from the existing main in East Powers Avenue. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that 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). Streets and Access Points This subdivision is proposed to have a private street access point from East Powers Avenue. The Public Works Department Transportation Planning Section has reviewed the rezone, conditional use permit and tentative tract map applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the provision of the proposed private street and the improvement of adjacent portions of East Powers Avenue to Public Works Standards. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the rezone, conditional use permit and tentative tract map applications. Caltrans provide no comments or recommendations within its memorandum dated August 23, 2005. Landscaping/Walls The proposed subdivision will be required to install and maintain landscaping within the designated yard setback areas as required and established by Conditional Use Permit Application No. C-06-19. In addition, the subdivider will be required to install six-foot high architecturally designed fences or walls along the northern and eastern exterior boundaries of the subject property to points along the same boundaries which measure 35 feet from the East Powers Avenue right-of-way. A four-foot wrought iron fence will be required within the remaining 35 feet and shall continue adjacent to the East Powers Avenue right-of-way to the entrance of the private street (North Goddard Drive). Northeast Area Community Plan Advisory Committee The Northeast Area Advisory Committee recommended approval of the rezone and tentative tract map applications at its meeting on September 28, 2005. No additional review was required following submittal of the conditional use permit application. Conditional Use Permit Findings Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code (FMC) can be made. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features;and, REPORT TO THE PLANNINL. OMMISSION Rezone Application No. R-05-63 Conditional Use Permit Application No. C-06-19 Tentative Tract Map No. 5564/UGM May 17, 2006 Page 5 Finding a The subject site is approximately 2.62-acres in size. Given that the subject site has been proposed to be subdivided into six lots, with an average proposed lot size of approximately 14,854 square feet, there is adequate space to meet all applicable requirements of the Code as established in the Special Permit conditions of approval dated May 17, 2006; including yards, spaces, walls and fences, parking, landscaping and other required features. b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;and, Finding b: Staff from the Public Works Department, Transportation Planning section has estimated that the proposed development will generate approximately 4 a.m./6 p.m. peak hour vehicle trips which can be accommodated by the adjacent streets. The proposed project will construct the required improvements necessary for the traffic generated by the project and the proposed private street widths are sufficient to accommodate city services and meet the needs of the proposed subdivision. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of this Code. Finding c The staff of the Planning and Development Department has determined that the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related tentative tract map application review and conditional use permit application review processes. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 Fresno General Plan and Woodward Park Community Plan which designate the site for medium-low density residential land uses and subject to Fresno Municipal Code Section 12- 403-B-1, the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. REPORT TO THE PLANNIN(_. -OMMISSION Rezone Application No. R-05-63 Conditional Use Permit Application No. C-06-19 Tentative Tract Map No. 5564/UGM May 17, 2006 Page 6 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance except as modified in accordance with Planned Development allowances. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. The Planning Commission's actions on the proposed conditional use permit and tentative tract map are final unless appealed in accordance with the Fresno Municipal Code, Section 12-406-I. CONCLUSION/ RECOMMENDATION 1. RECOMMEND APPROVAL to the City Council of the environmental finding for Environmental Assessment No. R-05-63/C-06-19lT-5564, dated March 30, 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-05-63 to change the existing zone district designation from the AE-20/UGM (Exclusive Twenty-Acre Agricultural/Urban Growth Management) zone district to the R-1-C/UGM (Single Family Residential/Urban Growth Management)zone district. 3. RECOMMEND APPROVAL of Tentative Tract Map No. 5564/UGM subject to compliance with the Conditions of Approval dated May 17, 2006. 4. RECOMMEND APPROVAL of Conditional Use Permit Application No. C-06-19 subject to compliance with the Conditions of Approval dated May 17, 2006. Attachments: Vicinity Map Aerial Photograph Proposed Site Plan for Conditional Use Permit Application No. C-06-19 Conditions of Approval for T-5564/UGM, dated May 17, 2006, including memoranda and from responsible or commenting agencies. Conditions of Approval for Conditional Use Permit Application No. C-06-19, dated May 17, 2006, including memoranda from responsible or commenting agencies. Environmental Assessment No. R-05-62/T-5553, Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR 10130) dated January 26, 2006. r I .I ,.r 1 1 ID -�— EVERGLADE Z . 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Y8„� +p— FIY �� I� j4f �`�11 �1..�� #�.: � ��de� 1'.-,4. r.r'•h •�-.a'+`+ L.�.`� R�/A�:/''�99�{{`1�G fie!f�-I I' �i"q'�9k '��L}r�i ...p� �1 ,o a ` AQ u�i J 5 a w 3 - a W Okr { uan wuan >U) a: uj IN- z Viiy°1r�pd � �� Byn pgfy�y tl1y]`s �i �ua�4 go b�9 y b� s II II F W'n F Ue W 0 W — 9rCB` u m F= Z W m N ° Fz� tl 1� .mcct ' .w�a M nN Z G''• W 41i r------� N U) p„Y 1.2m a I I N L- / I I I It -- eE r e sx—I and,Ol n � 2 m J \\ � p aniaa —aavaaoo tuttor[ s N �K \ — C6 zc I r-- xp wdon � 3 N I I I I I I I I p - > z uj 1 sL- W Z F L -_-J L________r- L J 01 ° PQ 7 d H do z i w a° U) aZ oo y { �Q o�a f - nos--7- -- CITY OF FRESNO PLANNING AND DEVELOPMENT DEPAR -MENT CONDITIONS OF APPROVAL MAY 17,2006 TENTATIVE TRACT MAP NO. 5564 SOUTH SIDE OF EAST POWERS AVENUE BETWEEN NORTH CEDAR AND NORTH MAPLE 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. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Tentative Tract Map No. 5564 entitled "Exhibit A," dated February 06, 2006, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Rezone Application No. R-05-63. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 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. Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 2 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The subdivider 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 Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. Landscaping and Walls 10. The subdivider shall provide and maintain landscaping (and irrigation system) within a 10-foot wide area along the northern property line of Lot 1 of the tentative tract map (i.e. that portion of Lot 1 of the tentative tract map which fronts the north side of 30-foot private street section and which extends westerly to the easternmost boundary of Lot 6 of the tentative tract map.) 11. The subdivider shall provide and maintain a six-foot high architecturally designed fence or wall along the northernmost exterior boundaries or property lines of Lots 1 and 6 of the tentative map. a. Said fence or wall shall extend along the northern property line of the subject site to a point on the same line which measures 35 feet from the East Powers Avenue right- of-way. b. The subdivider shall provide and maintain a four-foot high wrought iron fence within the aforementioned 35-foot section adjacent to the East Powers Avenue right-of-way. Said wrought iron fence shall thence continue along the edge of the East Powers Avenue right-of-way to the private street entry (North Goddard Avenue). • NOTE: Reference Exhibit "A' of Conditional Use Permit Application No. C-06-19 dated May 03, 2006 for exact points and required locations. 12. The subdivider shall provide and maintain a six-foot high architecturally designed fence or wall along the easternmost exterior boundaries or property lines of Lots 1 and 2 of the tentative map. Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 3 a. Said fence or wall shall extend along the eastern property line of the subject site to a point on the same line which measures 35 feet from the East Powers Avenue right- of-way. b. The subdivider shall provide and maintain a four-foot high wrought iron fence within the aforementioned 35-foot section adjacent to the East Powers Avenue right-of-way. Said wrought iron fence shall thence continue along the edge of the East Powers Avenue right-of-way to the private street entry (North Goddard Avenue). • NOTE: Reference Exhibit "A" of Conditional Use Permit Application No. C-06-19 dated May 03, 2006 for exact points and required locations. 13. All proposed fences, hedges and walls shall conform to the provisions of Section 12- 306-H of the FMC with the following exceptions: i) No fence, hedge or wall over three (3) feet in height shall be permitted in any portion of the required yard setback areas of Lot 1 of the tentative tract map which front the private street (North Goddard Drive). 14. Construction plans for required fences/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. 15. Provide a corner cut-off area in that triangular area of reversed corner lots (Lots 1 and 2 of tentative tract map) where the rear and street side property lines meet pursuant to Section 12-306H-2-a(1) of the FMC. • NOTE: Said area is determined by measuring from that intersection along both the rear and street-side property lines, a distance equal to the front yard setback distance of the abutting property, then connecting those points, thereby forming, that triangle. 16. The subdivider shall create a homeowner's association responsible for the maintenance of required landscape easements, proposed private streets, curbs and gutters, sidewalks, street furniture, utilities, and walls/gates. 17. The subdivider shall establish a Home Owners Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. 18. 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 Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 4 and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 19. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. Lot Dimensions 20. Pursuant to Section 12-306-N-21 of the FMC (refers to Section 12-210.3-G), the Director of the Planning and Development Department of the Planning Commission may modify the property development standards of the underlying zone district if determined that the proposed development conforms to the provisions of the abovementioned section. However, in no case shall proposed parcels be less than the following minimum standards: • NOTE: All proposed parcels must have a minimum lot area of 6,300 square feet. Building Setbacks 21. Building setbacks shall be provided in accordance with Exhibit "A" for Conditional Use Permit Application No. C-06-019 dated May 03, 2006. • NOTE: Garages shall be setback a minimum of 18-feet from the respective street frontage (i.e. private street easement) from which access is provided, subject to providing roll-up garage doors. Habitable space may be provided closer, subject to compliance with the condition above. Information 22. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 23. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 24. Pursuant to Section 66456.1 of the Subdivision Map Act, which states `The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 25. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 5 26. Tentative Tract Map No. T-5564 is subject to City Council approval of Rezone Application No. R-05-63. 27. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 28. 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. 29. 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. 30. 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. 31. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 6 of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 32. 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. 33. 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). SOLID WASTE SERVICE 34. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated December 20, 2005. PARK SERVICE 35. Comply with all of the requirements of the Department of Public Works memorandum dated September 22, 2005. 36. Pay all applicable park fees at the time of Final Map approval. FIRE SERVICE 37. This project is within three miles from Fire Station No. 13 & 17. 38. Pay all applicable fire fees at the time of Final Map approval. 39. Provide residential hydrants and fire flows per Public Works Standards. a. Fire hydrants shall be tested and approved and all surface roads shall be installed and made serviceable prior to and during the time of construction. The four and one-half inch outlet shall face the access lane. i) NOTE: Subdivider must provide fire hydrant flow of 1500 GPM. 40. All structures shall be fire sprinklered with alarm supervision. 41. Comply with all of the requirements of the attached Fresno Fire Department memorandums dated August 22, 2005 and February 10, 2006. STREETS AND RIGHTS-OF-WAY 42. 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. 43. 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 Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 7 ramps are required to be constructed in sidewalks at all corners within the limits of this subdivision. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the four-foot minimum unobstructed path requirement. 44. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems within the limits of this map in accordance with FMC Sections 12-1011 and Resolution No. 78-522, 88-229. 45. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. 46. The following shall be submitted, as applicable, in a single package to the Planning and Development Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; c. Traffic Signal, Streetlight, and Trail Lighting plans; and, d. Landscape and irrigation plans (median island and street trees within all parkways). 47. 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. 48. Comply with all of the requirements of the Public Works Department, Engineering Division memorandum dated September 21, 2005 and February 28, 2006. INTERIOR STREETS North Goddard Drive 00' & 381 Private Street): 49. The proposed 30-foot section of the private street (North Goddard Drive) shall comply with residential street geometric standard API-5 for 30-foot right-of-way. SPECIFIC MITIGATION REQUIREMENTS 50. A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to the approval of the final map. UGM REQUIREMENTS 51. This map is in UGM major street zone F; therefore pay all applicable UGM fees. Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 8 TRAFFIC SIGNAL MITIGATION IMPACT FEE 52. 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). SANITARY SEWER SERVICE The following sewer improvements shall be required prior to providing City sewer service to the project: 53. Connect to the existing eight-inch sewer main in East Powers Avenue. 54. Extension of sewer facilities from Powers Avenue shall be private. 55. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system.. 56. Payment of all applicable sewer connection fees and charges shall be required. 57. Comply with all of the requirements of the Department of Public Utilities, Planning and Engineering Division memorandum dated October 03, 2005. WATER SERVICE The following conditions are required to provide water service to the tract: 58. Separate water services with meter boxes shall be provided to each lot created. 59. 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. 60. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 61. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Water Resources and City of Fresno standards. 62. Comply with all of the requirements of the Department of Public Utilities, Water Division memorandum dated August 24, 2005. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 63. The subdivider of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 9 RIGHT-OF-WAY ACQUISITION 64. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 65. 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. 66. 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. 67. 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. 68. 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 69. 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 letters to the Planning and Development Department dated February 27, 2006. 70. Any temporary basin constructed for or used by this subdivision requires approval of FMFCD and the City of Fresno, and may only be implemented through a covenant between the City and the Developer prior to final map approval. Temporary basins shall be fenced within seven days of the time a basin becomes operational, and fencing shall conform to City of Fresno Public Works Standard No. P-45. The Fresno Mosquito and Abatement District shall be provided access rights and a means of entry for inspection and mosquito abatement activities for all on-site basins (refer to attached map of mosquito abatement districts in the Fresno-Clovis Metropolitan Area). Attached hereto, and incorporated by reference, is a copy of the updated Public Works Standard No. P-62 for temporary on-site ponding basins, and a copy of the City of Fresno's Guidelines for Ponding Basin / Pond Construction and Management, dated October 29, 2004. Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 10 Maintenance of temporary ponding basins shall be by the Subdivider until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 71. The developer/subdivider shall comply with all of the requirements of the San Joaquin Valley Air Pollution Control District memorandums dated September 08, 2005 and February 21, 2006. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE 1. Lateral Sewer Charge4 $0.10/sq. ft. (to 100' depth) 2. Oversize Charges $0.05/sq. ft. (to 100' depth) 3. Trunk Sewer Chargew $496/living unit Service Area: Herndon 4. Wastewater Facilities Charge+ $2,119/living unit 5. Copper Avenue Sewer Lift Station Charge# N/A 6. Fowler Trunk Sewer Interim Fee Surety* NIA 7. House Branch Sewer Charge# N/A 8. Millbrook Overlay Sewer# N/A WATER CONNECTION CHARGES FEE RATE 9. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule 10. Frontage Charge# $6.50/lineal foot 11. Transmission Grid Main Charge4 $804/net acre (parcels under 5 gross acres) 12. Transmission Grid Main Bond $304/net acre (parcels under 5 gross Debt Service Charge# acres) 13. UGM Water Supply Feer $456/living unit Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 11 14. Well Head Treatment Fee♦ $0.00/living unit Service Area: 101 15. Recharge Fee♦ $0.00/living unit Service Area: 101 16. 1994 Bond Debt Service* $895/living unit Service Area: 101 DEVELOPMENT IMPACT FEE 17. Fire Facilities Impact Fee —Citywide♦** $539/living unit 18. Park Facility Impact Fee—Citywide*** $3,398/living unit 19. *Quimby Parkland Dedication Feet** $1,120/living unit 20. Police Facilities Impact Fee—Citywide*** $624/living unit 21. Traffic Signal Charge# $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE/CHARGE 22. UGM Fire Station Capital Fee# $251/gross acre Service Area: 13 23. UGM Park Fee# $2450/gross acre Service Area: 7 24. Major Street Charge# $3625/adj. acre Service Area: F 25. Major Street Bridge Charge# $72/adj. acre Service Area: F 26. UGM Grade Separation Fee# N/A 27. UGM Trunk Sewer Charge# N/A Service Area: Herndon 28. Street Acquisition/Construction Charger N/A Conditions of Approval Vesting Tentative Tract Map No. 5564 May 17, 2006 Page 12 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. v Due at time of subdivision. f Due at time of development. ♦ Due at occupancy. # Deferrable through Fee Deferral Covenant CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MAY 17, 2006 CONDITIONAL USE PERMIT APPLICATION NO. C-06-019 SOUTH SIDE OF EAST POWERS AVENUE BETWEEN NORTH CEDAR AND NORTH MAPLE AVENUES PART A- PROJECT INFORMATION 1. Assessor's Parcel No: 403-022-06 2. Zone Map No: 1551, 1552 3. Job Address: 1771 East Powers Avenue 4. Street Location: Located at the west end of East Powers Avenue, on the south side; between North Cedar and North Maple Avenues. (Council District 6, Councilmember Duncan) 5. Existing Zoning "AE-20/UGM" (Exclusive 20-Acre Agricultural District/Urban Growth Management) 6. Proposed Zoning "R-1-C/UGM" (Single Family Residential District/Urban Growth Management) 7. Planned Land Use: Medium-Low Density Residential 8. Plan Areas: Woodward Park Community Plan 9. Project Description: Requests authorization to establish a private street and setbacks for lots created by Tentative Tract Map No. 5564. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Planning and Development Director on May 17,2006,approved the special permit application subject to the enclosed list of conditions and Exhibit(s) "A" dated February 06, 2006. Staff has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated March 30, 2006, which incorporates an MEIR Mitigation Monitoring Checklist. This environmental finding was properly published on March 30, 2006, with no comments received to date. No further environmental assessment will be needed at this time. 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 Conditions of Approval Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 2 and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health,safety,and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F-Miscellaneous"and may be appealed. All code requirements, however,are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. 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 June 01, 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; and, 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. (Include this note on the site plan.) 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 the original site plan exhibit 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 Approval Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 3 The exercise of rights granted by this special permit must be commenced by May 17, 2010 (four years from the date of Director 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 the 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 contact Will Tackett at(559)621-8063 or via e-mail at Will.Tackeft®fresno.gov to schedule 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. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on- site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information,for which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relating to dedications,street improvements or off-street parking geometrics may be directed to Louise Monroe at (559) 621-8678 / Louise.Monroe@fresno.gov of the City of Fresno Public Works Department, Engineering Division, Traffic Planning Section. 1. 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. Conditions of Approval Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 4 b) Provide and identify a minimum four (4) foot wide path of travel along the public sidewalk directly in front 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 cannot be met within the existing public rights-of-way. c) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub-surface private structures and appurtenances extending within the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved rior to issuance of building permits. d) DEDICATIONS. The following dedication requirements must be satisfied 21!Q[to the issuance of building permits: • There are no dedications required at this time. e) VACATIONS. The following vacation requirements must be satisfied prior to issuance of building permits: • There are no vacations required at this time. 2. STREET IMPROVEMENTS a) 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 at(559) 621-8693, rior to commencement of the work. Contact the Public Works Department, Engineering Services Section at (559) 621-8686 for detailed information. All required street improvements must be completed and accepted by the Cityrp for to occupancy. b) Existing off-site concrete improvements to remain in place shall be repaired if damaged and/or off grade as determined by the Public Works Department,Construction Management Division (559) 621-5500. Such repairs must be completed rior to final occupancy. c) Design and construct curb, gutter, AC paving, and a 10-foot residential sidewalk pattern to Public Works Standard P-5. Plans shall be prepared by a registered Civil Engineer. d) Design and install/construct concrete approaches to City Standard Specification within all street frontages. e) Install streetlights on all frontages to City Standards as determined by the CityTraffic Engineer. Street lighting plans are required and must be approved by the Public Works Department/Engineering Services prior to commencement of the work. f) 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. g) Provide parkway landscaping. Street trees shall be planted every 60 feet on center. Plans Conditions of Approval Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 5 shall be prepared by a landscape architect. h) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559)621-8682,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. 3. GATED ENTRY a) Application exhibits do not propose the use of gated entry. If proposed,a detailed gated entry design must be submitted for review and may be approved by the Planning and Development Department and the Departments of Public Works, Fire and Public Utilities, Solid Waste Division for approval. This includes any required or proposed on-site gates that restrict vehicular access. 4. SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed,shall be reset by a person licensed to practice Land Surveying in the State of California. (Include this note on the site plan.) 6. URBAN GROWTH MANAGEMENT MAJOR STREET REQUIREMENTS a) The project site is located within the Major Street Zone F, Urban Growth Management(UGM) area. Pay all applicable 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) "R-1-C", Single Family Residential District(Section 12-210 of the Fresno Municipal Code) ii) 2025 Fresno General Plan iii) Woodward Park Community Plan 2) ZONING a) Approval of Conditional Use Permit Application No. C-06-019 is contingent upon approval of Rezone Application No. R-05-63 and Tentative Tract Map No. 5564/UGM. 3) POPULATION DENSITY a) Contingent upon approval of Rezone Application No. R-05-63 and the medium-low density residential planned land use designation, the subject property shall not be developed with more than 2.19-4.98 dwelling units per acre or parcels less than 6,300 square feet in lot area per Section 12-306-N-21 of the FMC. Conditions of Approval Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 6 • NOTE: The proposed density is approximately 2.29 dwelling units per acre,which is within the allowable range of the medium-low density residential planned land use as provided by Fresno Municipal Code Section 12-403-B-1. 4) BUILDING HEIGHT a) No building or structure erected in the R-1-C(Single Family Residentian zone district shall have a height greater than two and one-half stories (21/2) , not to exceed 35 feet. • NOTE: Exceptions. Overheight structures may be approved by the City of Fresno Planning Commission or Director of the Planning and Development Department. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. 5) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING a) Provide the following minimum building setbacks: i) Setbacks shall be provided in accordance with Exhibit"A" dated May 03 2006. • NOTE: Exception. Garages shall be setback a minimum of 18 feet from the front property line subject to the provision of roll-up garage doors. Habitable space may be provided closer than 18 feet,subject to compliance with the aforementioned setback requirements. b) All required yards shall be landscaped and maintained in accordance with Section 12-306-N-24 of the FMC. i) All yards adjacent to street frontage shall be provided automatic irrigation systems. c) All yards shall comply with the water efficient landscape standards in accordance with Section 12- 306-N-23 of the FMC. d) Provide a minimum of 12 medium sized trees on-site per FMC Section 12-306-N-24-g and in accordance with the following: i) Provide a minimum of one medium size tree for each required parking spaces, plus one medium sized tree for each residential unit. • NOTE: One medium size tree is defined as attaining a height of 30-60 feet at maturity. Two small size trees, up to 30 feet high at maturity may be substituted for one medium size tree. e) The subdivider shall provide and maintain landscaping(and irrigation system)within a 10-foot wide area along the northern property line of Lot 1 of the tentative tract map (i.e.that portion of Lot 1 of the tentative tract map which fronts the north side of 30-foot private street section and which extends westerly to the easternmost boundary of Lot 6 of the tentative tract map.) f) The property owner/developer shall create a homeowner's association for the maintenance of the proposed private street, utilities and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&R's) and the proposed instruments for the homeowner's Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 7 of 11 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 homeowner's association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&R's dated January 11, 1985. g) No building permit shall be issued for any development for which a special permit has been issued until the requirements for street trees as provided in Article 3 of Chapter 11 of the FMC have been met and street tree inspection fees paid pursuant to the Master Fee Schedule. i) Fresno Municipal Code requires one (1) street tree per 60 linear feet of street frontage. ii) Provide a minimum of one (1) street tree within the right-of-way on East Powers Avenue. • NOTE: The Department of Public Works may approve a request for waiver of street tree requirements if the applicant agrees to plant a minimum of one (1)tree (of similar type and size) for every 60 linear feet of street frontage on private property within ten feet of the back of the sidewalk. • NOTE: An approved landscape plan,properly scaled and dimensioned,shall serve as a street tree planting permit for on-site trees not in the public right of way. A copy of this plan shall be kept at the job site at all times. h) Street trees shall be planted by the property owner and shall be inspected by the City pursuant to the payment of street tree inspection fees. The property owner is required to provide and irrigation system with ongoing water supply. i) One drainage hole, a minimum diameter of two (2) feet, shall be drilled for each tree to be planted. The depth of the drainage hole shall be determined as follows: i) Hole must penetrate through and beyond any underlying paving material or hardpan soil stratum. ii) Hole shall be drilled to a depth where visual evidence of the subsurface sand or gravel drainage is apparent. iii) If there is no apparent drainage stratum,the drainage hole shall be drilled a minimum of ten (10) feet deep. j) The backfilling of drainage holes shall comply with the Standard Specifications or as determined by the engineer. k) Complete a minimum waiting period of 20 days after drilling before any planting can begin. 1) Call (559)621-5600 to notify the Public Works Department Construction Management Division 72 hours prior to tree hole drilling/tree planting in the public right-of-way, in order to verify tree locations, to obtain inspection of drilling operations, and to check backfilling procedures and safety barriers. Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 8 of 11 m) All planting, irrigation and related work shall comply with the City of Fresno Public Works Department Standard Specifications, Section 25 and 26. n) All landscaping and related work to be performed within the city right-of-way shall be done by a qualified contractor and requires a street encroachment permit from the Public Works Department prior to commencement. Call (559) 621-8685 for information on encroachment permits and required insurance and bonding. o) Trees shall be maintained in good health. Trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety;or as may otherwise be approved by the Planning and Development Department. (Include this note on the site plan and landscape plan.) p) All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight, or disease, and any such vegetation which shows signs of such damage or injury at any time shall be replaced by the same, similar, or substitute vegetation of a size, form, and character, which will be comparable at full growth. q) Landscaping shall be kept free from weeds and undesirable grasses. r) Submit copies of landscaping and irrigation plans prepared by a landscape professional, showing the number and types of trees, to the Planning Division. These plans must be reviewed and approved rior to obtaining building permits. s) Landscaping must be in place before issuance of the certificate of occupancy for each individual dwelling. i) 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 site and landscape plans.) • NOTE: The use of utilities for temporary occupancy may be allowed by the Building Official pursuant to FMC Section 13-100.110.1.2 et seq. t) Prior to granting of final occupancy, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division. (Include this note on the site and landscape plans.) 6) FENCES, HEDGES, AND WALLS a) All fences, hedges and walls shall conform to the provisions of Section 12-306-H of the FMC with the following exceptions: i) No fence, hedge or wall over three (3)feet in height shall be permitted in any portion of the required yard setback areas of Lot 1 of the tentative tract map which front the private street (North Goddard Drive). Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 9 of 11 b) Clearly depict any proposed/existing fences, hedges and walls on Exhibit "A." Note that all proposed/existing fences, hedges and walls must comply with all policies, ordinances, regulations, etc. of the City of Fresno, Planning and Development Department. c) Only those fences, hedges and walls as shown on the site plan shall be reviewed for approval. d) Submit a rendering depicting the fence, hedge or wall height, material, location etc.for review and approval. e) All future proposed fences, hedges and walls, etc. shall be reviewed and approved prior to installation by the City of Fresno, Planning and Development Department. (Include this note on the site plan.) f) 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. 7) ACCESS a) There shall be vehicular and pedestrian access from a dedicated and improved street, alley or recorded private access to off-street parking facilities. b) Vehicular and/or pedestrian access shall be maintained and remain clear at all times. c) Provide vehicular and/or pedestrian access as noted on Exhibit "A" and as indicated per Conditions of Approval for Tentative Tract Map No. T-5564/UGM dated May 17, 2006. i) Pedestrian walkways and handicap access shall be clearly delineated on the site plan. S) OUTDOOR ADVERTISING a) Signs, other than directional signs, if aoplicab/e,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. (Include this note on the site plan). 9) BUILDING ELEVATIONS a) All houses in the subject planned development shall be subject to review and approval by the Planning and Development Department in accordance with these conditions. b) Clearly identify all condensing units,air conditioning and heating units on the site and elevation plans. Roof mounted mechanical equipment shall be recessed and shall not be visible from the public right-of-way (or private street) or shall be placed on the ground outside of the required yards. Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 10 of 11 c) Pursuant to Policy numbers C-20-f, C-21-a, C-21-b and C-21-c of the 2025 Fresno General Plan, all proposed buildings shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless "blank" walls. This may be accomplished by varying the building footprint with indentations, projections, offsets, different building materials,or adding polyfoam with a stucco finish to add visual interest and to break up monotonous walls. Submit elevations inclusive of modifications for review and approval. PART E - CITY AND OTHER SERVICES TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS a. Comply with all of the requirements of the attached Public Works Department, Engineering Division memorandum dated March 02, 2006 and any requirements noted on Exhibit "A." SOLID WASTE COLLECTION b. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Management memorandum dated February 13, 2006. FIRE PROTECTION REQUIREMENTS c. Comply with all of the requirements of the attached City of Fresno Fire Department memorandum dated February 10, 2006. POLICE PROTECTION REQUIREMENTS d. With the exception of sidewalks,comply with all of the requirements of the attached City Fresno Police Department memorandum dated February 22, 2006. FLOOD CONTROL REQUIREMENTS e. Comply with all of the requirements of the attached Fresno Metropolitan Flood Control District memorandum dated February 27, 2006. PUBLIC UTILITIES REQUIREMENTS f. Comply with all of the requirements of the attached Department of Public Utilities, Planning and Engineering Division memorandums dated October 03, 2005 and August 24, 2005. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT g. Comply with all of the requirements of the attached Fresno Metropolitan Flood Control District memorandum dated February 21, 2006. SCHOOL FEES h. School fees must be paid prior to issuance of building permits. (Contact Clovis Unified School Conditional Use Permit Application No. C-06-019 May 17, 2006 Page 11 of 11 District.) Provide proof of payment (or no fee required) prior to issuance of building permits. Attached for your records and consideration is the Clovis Unified School District memorandum dated September 09, 2005. PART F- MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1) Include a color and material schedule on the site plan, as well as on the elevations,for the exterior of all buildings and structures (photographs may be submitted for drawings). 2) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 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. 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. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. City of ff ! DATE: September 21, 2005 TO: Will Tacket, Planner I Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manager C Public Works Department, Engineering Division FROM: Louise Monroe, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5564, Public Works Conditions of Approval Powers (west of Maple between Cedar and Maple) The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. ,-Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. ✓Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Frontage Improvement Requirements: Major Streets: N/A Interior Streets: Th- aur enVdes+gn does not meet Public Works Standards. Redesign the proposed public street with a minimum 250' radius and eliminate the existing cul-de-sac, vacate existing street right of way, dedicate additional right of way and reconstruct all offsite improvements to Public Works Standards or change the designation to a private street. DaskjP_arxd-eenstrust-al+-curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 50' and 54' streets. Identify all street radii. Comply with Public Works Standards. Specific Mitigation Requirements: Page 1 of 2 C:\Louise\TRACT MAPS\T-5564 POWERS MAPLE BTWN CEDAR&MAPLE.doc CITY OF FRL.,NO - PLANNING AND DEVELOPN."NT DEPARTMENT REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT, AND ENTITLEMENT APPLICATION REVIEW OF CONDITIONAL USE PERMIT APPLICATION NUMBER C-06-019 Return Completed Form to: Public 1Nor - Traffic:) Will Tackett, Planner I FEB 2666 Telephone: 559-621-8063 Planning & Development Department _ 2600 Fresno Street, Third Floor Fresno CA 93721-3604 -1-I S-VA PROJECT DESCRIPTION AND LOCATION: Conditional Use Permit Application number C-06-019(please refer to TT5564 and R-05-063) requests authorization to establish a private street located at the west end of East Powers Ave., between East Shepherd and East Teague Avenues and between North Cedar and North Maple Avenues. APN: 403-022-06 ZONING: AE-20 ADDRESS: 1771 E. Powers Ave. DATE ROUTED: February 8, 2006 COMMENT DEADLINE: February 18, 2006 If no response is received by the comment deadline, it will be assumed you have no comments to submit. WILL THIS PROJECT AFFECT YOUR AGENCY/JURISDICTION? (If yes, specify.) SUGGESTION(S) TO REDUCE IMPACTS/ADDRESS CONCERNS: D CONDITIONS OF APPROVAL: C(� �A � :_ W o F I - C5 IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific): I KA C-1 A L 6 �\_\Cf� ' -3 6' REVIEWED BY: Name and Title Telephone Number Date Woodward (NE) Community Area Plan and Implementation Committee Attachments: Application&Vicinity Map 30' R/W 'p 1 4. 10' rllJ�f PLANTING ASEYENT E�IS�EM�EtfT 2' 9' 9' 2' 2' CONCRETE GUTTER E P.T.dcT. 0 P.G.&E. WATER TRENCH SPECIFICATIONS SANITARY SEWER 1. 22 feet of paving. 2. Two—way traffic. NOTE: API GEOMETRIC CROSS SECTIONS SHALL NOT BE COMBINED WITH STANDARD GEOMETRIC CROSS SECTIONS 3. No sidewalk allowed. 4. No curbs; gutter only. 5. No on—street parking allowed. 6. Minimum 4 off—street parking spaces per unit, all or any portion of which can be located in a common parking area. 7. 24—foot driveway approach width maximum. 8. Use on dead—end street only. Cul—de—sac not needed. (Solid waste pickup only at nearest cross street.) 9. Serve 6 housing units maximum (6 units include the two comer lots). 10. 20—foot minimum setback from property line to garage when garage door fronts on street. 11. Street furniture to be located in 10—foot easement as determined through plan review. 12. No storm drain lines allowed in this street if a public street. Utilities allowed in the street only to serve adjacent property (no oversize or transmission lines) if a public street. 13. Subject to pipeline installation requirements formula except for sewer line placement. 14. May be public street only if serving single—family dwelling and only if legislative body makes required findings pursuant to State law (otherwise private street). 15. Planned unit development process required. RESIDENTIAL STREET GEOMETRIC REF. & REV. CITY OF FRESNO AUG. 2002 STANDARD - 30' RIGHT OF WAY API- 5 City of Department of Public Utilities Solid Waste Division 1325 E. EI Dorado • Fresno, California 93706-2014 (559) 621-1452 www.fresno.gov September 19, 2005 TO: Will Tackett, Planner I Planning and Development Department THROUGH: Robert Weakley, Chief of Operation WI Department of Public Utilities, Solid Waste Division FROM: Donna Leslie, Staff Assistant L.L Department of Public Utilities, Solid Waste Division SUBJECT: TT 5564, Solid Waste Conditions of Approval The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5564 that was submitted by Harbour& Associates. 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 5564 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. Covenant Requirements: • There shall be no parking allowed in the cul-de-sac on the solid waste service day. • Lots 2 and 3 on hall be clear of all vehicles by 6:00 a.m. JAConditions of Approval_TT5564.wpd City of DEPARTMENT OF PUBLIC UTILITIES Date: February 13, 2006 To: WILL TACKETT, Planner I Planning and Development Department , Advance Planning From DONNA LESLIE"Provisional Management Analyst I Public Utilities'Department, Administration Subject C_06 .0193 T-5564 and R-05-063 requests authorization to establish a private street located at the west end of East Powers Avenue between East Shepherd and East Teague Avenues and between North Cedar and North Maple Avenues. Does Proiect Affect Your Agency/Jurisdiction Yes - Project will be serviced by Solid Waste Division Susmestions to Reduce Impacts/Address Concerns Provide 18' of unobstructed clearance in the path the vehicle travels. Provide a standard cul-de-sac at the end of North Hayston Avenue. There shall be no parking allowed in the cul-de-sac on the solid waste service day. Cul- de-sac shall be cleared of all vehicles by 6:00 a.m. Recommended Conditions of Approval Project will be serviced by Solid Waste Division. Provide 18' of unobstruced clearance in the path the vehicle travels. Provide a covenant for the cul-de-sac. There shall be no parking allowed in the cul-de-sac on the solid waste service day. Lots 2 and 3 on#efth-- 14 t v4a+t8-shall be clear of all vehicles by 6:00 a.m. Cx Additional Information Provide covenant before project approval. City of k�ES�, September 13, 2005 Lic� Jelly Dyer TO: Development Department Chief of Police Planning Division Land Division Section FROM: Officer Dan Cafarelli Northeast District Police Department SEP j 2005 Problem Oriented Policing 621-6436 Deve;canning Divisior: pmert Dapartmenl CIN OF FR�ESr+,n RE: Tentative Tract No. 5564 The following are comments after reviewing the above mentioned. The roadway configuration from the existing E. Powers Ave to the proposed N. Hayston Ave has a design inconsistent with other roadway transitions. In addition to traffic safety this arguably could cause delays and confusion to responding emergency services. Our mitigating recommendation for this condition would be a reconfiguration of the roadway into the proposed tract. February 16, 2006 To: Will Tackett Planner 1 FEB 2 2 2006 From: Sergeant Eric Hodge,,--,-?-- Planning Division Northeast Policing District Oevelopment Department Subject: ,C U.P C 06-019, ,{ After a review of the above listed C.U.P. the Fresno Pohce'Department,would request that the following conditions placed on the project: The roadway be wide enough to parallel park vehicles on both sides of the roadway and allow sufficient room for vehicles to pass without crossing into the opposing lane. Sidewalks be required on both sides of the roadway to ensure pedestrian safety, Street lights be placed to sufficiently illuminate the roadway. This C.U.P. allows for the roadway placement, any building placed on adjacent property would require approval from the police department. City of DEPARTMENT OF PUBLIC UTILITIES Date: October 3, 2005 To: WILL TACKETT, Planner I Planning and Development From: DOUG HECKER, Supervising Engineering Technician Public Utilities Department, Planning and Engineering Division rz Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT 5564/UGM AND REZONE APPLICATION NO. R-05-63 General Tentative Tract 5564 and R-05-63, a 6-lot single-family residential subdivision, rezoning from AE-20 to R-1-C on 2.62 acres located on the south side of East Powers Avenue between North Cedar and North Maple Avenues. Sanitary Sewer Service The following sewer improvements shall be required prior to providing City sewer service to the project: 1. Connect to the existing 8-inch sewer main in East Powers Avenue. 2. Extension of sewer facilities from Powers Avenue shall be private 3. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. 4. Payment of all applicable sewer connection fees and charges shall be required Water Service Comply with Water Division Requirements letter dated August 24, 2005. City of F mn E IS N: 'd0 1' WATER DIVISION Date: August 24, 2005 To: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician /�t� 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. 5564/UGM The following conditions are required to provide water service to the tract. 1. Separate water services with meter boxes shall be provided to each lot created. 2. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 3. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 4. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. TAPROJM MEQConditions of Approval\5564 082305.doc — SEP.12.2005-- 7:46AM CLOVIS UNIF SCH DIST N0.674 P.1 C LOV I U N I F I E D September 9, 2005 SCHOOL DISTRICT K; � ;LEVED Will Tacked,Planner II SEP 12 2005 1490 HEWOON AVENUE City of Fresno CLOVIS,CAMI1.0567 Planning&Development Dept. Planning Division Development Department 359327.SK= 2600 Fresno Street CITY OF F;E N10 WWw.dovlsusdAlZ.ca.m% Fresno, CA 93721-3604 SUBJECT: Tentative Tract No. 5564,Rezoning Application No. R-05-63 South side of Powers between Cedar and Maple co, rCiBOARD Dear Mr. Tackett: Surdm A."el The purpose of this letter is to provide school district information relative to the Been D.Heryford GhuW'L.HovaepW above-referenced applications and to comply with Business and Professions Code >ntheta l.ahc, C.P.A. section 11010, subdivision (b)(11)(A) regarding the provision of school-related E'Lzabct"I•sandaral information to the subdivider/owner and the State Department of Real Estate. JIM Ven ValUdnburg,12.0.5. Susan M. wellrct,13.1-125c Project development will affect the District by generating students that will need to be housed in District schools. Assuming that the project is developed with 6 new single family residential units, the following cornments can be made at this time: 1. The number of students generated by the project is estimated as follows: grades K-6, 2 students; grades 7-8, 1 student; grades 9-12, 1 student. ADMI144M RA130M Terry Bradley.Ed.D. 2. Elementary School Information: SupcRlRb,d=* `lfsl"la R Doris.Ed.D. (a) The subject land is presently within the attendance area of the elementary A.sodate Supcdntendent Daniel E Balser.Ed.D. school (grades K-6) listed below: A&wdate Supcthtendent wllllern c McGuire School Name: Maple Creels Elementary School Associate Superintandent Janet L.Young,Edo. Address: 2025 E. Teague,Fresno, CA 93720 Asmdato5aperWandcnr Telephone; (559) 327-7300 Capacity: 600 Enrollment: 835 (September 2005) (b) Because of rapid growth in the District and the District's plans for construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than Maple Creek, and (2) students residing in the project area may attend more than one elementary school within the District during their elementary school years. 3. Intermediate and High School Information: (a) The project area is currently served by the following intermediate school (grades 7-8) and high school (grades 9-12): SEP.12.2065 7:47AM ' CLOVIS UNIF SCH DIST N0.674 P.2 Will Tackett September 9,2005 Page 2 School Name: Kastner Intermediate School Address: 7676 N. First Street,Fresno,CA 93720 Telephone: (559) 327-2500 Capacity: 1,161 Enrollment: 1,308 (September 2005) School Name: Clovis West High School Address: 1070 E. Teague, Fresno, CA 93720 Telephone: (559) 327-2000 Capacity: 2,538 Enrollment: 2,760 (September 2005) (b) The District is constructing a high school and intermediate school at its Third Educational Center site at the northwest comer of Willow and International Avenues. These facilities are planned to be operational by the 2007-08 school year (for grades 7, 8 and 9) and phased into full operation.(grades 7-12)by the 2010-11 school year. 4. Bus transportation is currently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than two and one-half miles from school. Transportation will be available for students attending the above-identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. 5, The District currently levies a school facilities fee of 53.09 per square foot for residential development. The fee is adjusted periodically in accordance with law and may increase or decrease. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. The District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project. Thank you for the opportunity to comment on the project. Please contact me if you have any questions regarding this letter, Sincerely, Bill McGuire Associate Superintendent Administrative Services City of �v Fire Department 450 M Street �, Randy R. Bruegman Fresno, California 93721-3083 �` Dv Fire Chief 559-621-4000 FAX#559-498-4261 www.fresno.gov Date 8-22-05 TO: Will Tackett, Planner I Development Department, Planning Division FROM: Mike Schmid t',"supervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No. 5564 The Fire Department has completed a review of the Vesting Tentative Tract Map 5564, which was submitted by Harbour & Assoc. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 3 miles from Fire Station No. 13 & 17. This project is subject to UGM Fire service fees for Fire station No. 13. Provide residential hydrants and fire flows per Public works standards. Access is not acceptable, but not correctable, therefore all structures will be required to be fire sprinklered. V" FRESNO FIRE DEPARTMENT'S- FPB-42 FIRE HYDRANT AND ACCESS REQUIREMENTS APPLICATION NO. (� , DATE LOCATION~ REVIEWED BY HYDRANTS 1. Deyeloper must install on-site hydrant(s). See plan for location(s). Provide fire hydrant flow of Ki GPM [ ] 2500 GPM 8"water main minimum. 2. ❑ Public street hydrant(s) must be installed. Coordinate street hydrant locations with Public Works. 3. Fire hydrants shall be tested and approved, and all surface access roads shall be installed and made serviceable prior to and during the time of construction. The 4-1/2" outlet shall face the access lane. ACCESS GENERAL: 4. ❑ Two means of ingress/egress must be provided. This access must be maintained during all phases of development. 5. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. 6. ❑ All openings in the perimeter of a building shall be accessible from within 150 feet of a public street or private driveway. 7. ❑ Loading zones shall not be located in required fire lanes. 8. ❑ Where buildings or portions thereof are more than 35 feet in height, an aerial truck setup area shall be located adjacent to at least one side of such buildings. Aerial truck setup areas shall be minimum width of 30 feet wide for not less than 60 feet when part of through fire lanes 9. ❑ Aerial truck setup areas, as described in No. 8 above, shall be provided adjacent to at least two sides of buildings more than 35 feet in height that exceed 150 feet in length or width. 10. ❑ All private streets and driveways that are provided for common access,and are required for Fire Department access,shall be constructed to a minimum unobstructed width of 20 feet. For drives separated by a median, 15 foot minimum lanes are required. 11.X Streets highlighted on plan shall be identified as fire lanes as provided in the California Vehicle Code,Section 22500.1. Designate highlighted curbs as fire lanes(red curb with"Fire Lane"in 3"white letters every 50 feet or approved signs every 50 feet). 12. Ik Provide sign(s) (17" X 22" minimum) at all public entrance drives to the property, which state, "Warning - Vehicles stopped, parked, or left standing in fire lanes will be immediately removed at owner's expense - 22658 California Vehicle Code-Fresno Police Department 498-1414." Ll Turns in private drives and intersecting drives shall have a minimum 34 foot centerline turning radius. Turns in private drives for aerial truck access, required in No. 5 above, shall have a minimum 44 foot centerline turn radius. (over) 15. ❑ Dual entry drives require intermediate turnarounds when length exceeds 7u0 feet. 16. ❑ All gates on common access drives shall be equipped with approved Police/Fire bypass locks(Best locks; Padlock 21B700 series or Cylinder lock 1W762). Gates/fences shall not obstruct the minimum width required for fire lanes. 17. ❑ The entire width of a required access way shall remain unobstructed to a vertical height of 13 feet, 6 inches. SINGLE-ENTRY PRIVATE STREETS: 18. ❑ Turnarounds required if the length exceeds 150 feet. 19. ElThe maximum allowable length of a single entry roadway is 450 feet. 20. ❑ Required turnarounds shall be defined as fire lanes(see No. 11). 21. ❑ The entire width of a required access way shall remain unobstructed to a vertical height of 13 feet, 6 inches. "EMERGENCY ACCESS ONLY"ROADWAYS: 22. ❑ Emergency accesses are required to be dedicated fir protection easements. 23. ❑ Road surface shall be of a all weather construction. 24. ❑ Gates, posts, or other barriers suitable to the Fire Department are required to be installed at the entrance to an "emergency access only"roadway. 25. ❑ The entrance to all emergency accesses shall be posted with permanent signs: 'FIRE ACCESS(6"LETTERS)vehicles removed at owner's expense(2"letters) FRESNO POLICE DEPARTMENT 498-1414(1"letters). 26. ❑ All gates on the"emergency access"roadway shall be fitted with a Police/Fire bypass lock(see No. 16 above). PEDESTRIAN ACCESS: 27. ❑ Pedestrian access shall be provided to all exterior areas of buildings where necessary to assure compliance with the "150 foot rule.' 28. ❑ All pedestrian gates,where required for compliance with the"150 foot rule"shall remain unlocked or be provided with Police/Fire bypass locks(see No. 16 above). 29. ❑ Required pedestrian access ways shall be designed to facilitate the carrying of ground ladders and the advancing of fire hose lines. OTHER: FPS-42WORMS (Revs"d 12/03) ' San Joaquin Valley Air Pollution Control District September 6, 2005 Reference No.C200501026 City of Fresno \1� � Planning Division L U� c r��V �L�/� Attn: Will Tackett 2600 Fresno Street Fresno, CA 93721-3604 SEP 0 8 2005 Planning Division Subject: T-5564, R-05-63 :APN 403-022-06 i:ievelc,pment DeDartmer'" 1-I-ry OF Fr SI'JO Dear Mr. Tackett: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and particulate matter (PM10 and PM2.5). Preliminary analysis indicates that this project alone would not generate significant air emissions. However, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below: Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Rules. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction, road construction, bulk materials storage, landfill operations, etc. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities (see section 6.4.1). A compliance assistance bulletin has been enclosed for the applicant. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) regulates the burning of agricultural material. Agricultural material shall not be burned when the land use is converting from agriculture to nonagricultural purposes. In the event that the project burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rule specifies architectural coatings storage, clean up and labeling requirements. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Mr. Tackett September 6, 2005 T-5564, R-05-63 Page 2 Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1, 2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2)dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase 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 the agency with the land-use authority should consider: • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.org For Urban Forestry see http://www.coolcommunities.org http://wcufre.ucdavis.edu http://www.lgc.org/bookstore/energv/downloads/siv treeguidelines.pdf • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling. Connections to nearby public uses and commercial areas should be made as direct-as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.)when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. Pathways through the project should be built in anticipation of future growth/development. • 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) Mr. Tackett September 6, 2005 T-5564, R-05-63 Page 3 - 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 htti)://eetd.lbi.gov/coolroof/ - Radiant heat barrier. - 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 gassive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site More information can be found at: http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerener-qvicenter.org/index.htm1, http://www.ciwmb.ca.gov/GreenBuilding/ • Construction activity mitigation measures include: - Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent - Limit area subject to excavation, grading, and other construction activity at any one time - Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) - Apply idling time limits or require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. - Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, and "Spare the Air Days"declared by the District. - Implement activity management (e.g. rescheduling activities to reduce short-term impacts) - During the smog season (May through October), lengthen the construction period to minimize the number of vehicles and equipment operating at the same time. - Off road trucks should be equipped with on-road engines when possible. - Minimize obstruction of traffic on adjacent roadways. • The applicant should use California Air Resources Board (CARB) certified alternative fueled engines in construction equipment where practicable. Alternative fueled equipment may be powered by Compressed Natural Gas (CNG), Propane (LPG), electric motors, or other CARB certified off-road technologies. To find engines certified by the California Air Resources Board, see their certification website http://www.arb.ca.gov/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. Mr. Tackett September 6, 2005 T-5564, R-05-63 Page 4 • Construction equipment should have engines that meet the current off-road engine emission standard (as certified by the California Air Resources Board), or be repowered with an engine that meets this standard. Tier I and Tier II engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the California Air Resources Board, see http://www.arb.ca.gov/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. Sincerely, AectL64rra Senior Air Quality Planner Central Region HRG:cxt Enclosures c: File san Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation Vill, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The.Di strict 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 a$ they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind,at any time. Visible Dust Emissions opacigy 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, ora 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 stoned 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 Off ice Southern Region Office 4230 Kiernan Avenue,Suite 130 1990 East Gettysburg Avenue 2700 INV Street,Suite 275 Modesto, CA 95356-9321 Fresno, CA 93726-0244 Bakersfield, CA 93301-2373 (209)557-6400 ♦ FAX(209)557-6475 (559) 230-6000 ♦ FAX(559) 230}6062 (661)326-6900 ♦ FAX(661)326-6985 with applying water to the top of the load, and covering the cargo compartments are effective measures for reducing VDE and carryout from vehicles transporting bulk materials. Demolition activities require the application of water to the exterior of the buildings and to unpaved surfaces where materials may fall. Consider all structures slated for demolition as possibly being regulated because of asbestos, per District Rule 4002 - National Emission Standards for Hazardous Air Pollutants. Contact the District well. before starting because a 10 working day notice will. likely be required before a demolition can begin. Dust Control Plans identify the dust sources and describe the dust control measures that will be implemented before, during, and after any dust generating activity for the duration of the project. . Owners or operators are . required to submit plans to the District if, at anytime, the project involves: • Residential developments of ten or more acres of disturbed surface area. • Non-residential developments of five or more acres of disturbed surface area. • Relocating more than 2,500 cubic yards per day of materials on at least three days. Construction activities may not commence until the District has approved the Dust Control Plan. Notification by owners or operators of construction projects that are at least one acre in size and where a Dust Control Plan is not required, must provide written notification to the District at least 48 hours in advance of any earthmoving activity. Record Keeping is required to document compliance with the rules and must be kept for each day''any dust control measure is used. The District has developed record forms for water application, street sweeping, and "permanent" controls such as applying long term dust palliatives, vegetation, ground cover materials, paving, or other durable materials. Records must be kept for one year after the end of dust generating activities (Title V sources must keep records for five years). .Exemptions exist for several activities. Those occurring above 3,000 feet in elevation are exempt from all Regulation VIII requirements and Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities exempts the following construction and earthmoving activities: • Blasting activities permitted by California Division of Industrial Safety. • Maintenance or remodeling of existing buildings provided the addition is less than 50% of the size of the existing building or less than 10,000 square feet (due to asbestos concerns, contact the District at least two weeks ahead of time). • Additions to single family dwellings. • The disking of weeds and vegetation for fire,prevention on sites smaller than '/1 acre. • Spreading of daily landfill cover to preserve public health and safety and to comply with California Integrated Waste Management Board requirements. 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'O " M CD m F dY ' s�xtyiSx�,A} 5i O 0 O �" Cl CD CD y a C j N CD O O n y CD k';, C Lin -O = M O. 0 h �> 3 CD 1 ::PPX• N � rr CD m0 O � c N S CJ CD � O< � � o < 'bsk j I San :Ioaquln valley, AirPollution_Conrfq rDasrric February 21, 2006Reference No. C20060352 MCD City of Fresno L u� �� Planning & Development Attn: Will Tackett 2600 Fresno Street, 3rd Floor FEB 7 Z 2006 Fresno, CA 93721-3604 F'dRr?r,?;?l; Division Subject: 'C-66-01'9�- 1771 E. Powers Ave. (APN: 403-022-06) Dear Mr. Tackett, 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 classified non-attainment for ozone and fine 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: The typed "Date Routed" and the comment deadline (February 8 — February 18) indicate a review period of 10 days. However, despite the mailed date and review period cited in your cover letter, the District received the request for comment on February 13, 2006, allowing a review period of 6 days, 2 days of which our office was closed. The District is entitled to an adequate review period. In the future, the District will comply with a 10-day review period (or any other review period time-frame based on project type). If your agency is working in an expedited time frame, the District will accept emails or faxes with a hardcopy following shortly thereafter. 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.val(evair.ora/rules/lruieslist.htm. Regulation Vill (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 site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities as specified in Section 6.4.1 of Rule 8021. The District's compliance assistance bulletin for construction sites can be found at: http://www.vallevair.org/busind/comply/PM 10/Req%20VI11%200AB.pdf. A template of the District's Construction Notification Form is available at: http://www.valleyair.org/busind/comply/PM 10/forms/Req%20VI I I%20 Notification%20-%2011-17 2004.pdf. 1 Mr, Tackett February 21, 2006 C-06-019 Page 2 Rule 8041 (Carryout and Trackout) This rule prevents or limits fugitive dust emissions from carryout and trackout. It applies to all sites where carryout and trackout has occurred or may occur on paved public roads or the paved shoulders of a paved public road. 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 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. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5800 or Mr. Dave Mitchell, Planning Manager, at (559) 230-5807 and provide the reference number at the top of this letter. Si eeiJohns Debbi Air Quality Planner Central Region DJ:cxt Enclosure c:File San ,Joaquin valley Air Pollution -Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation Vlll, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October.1, 2004. This is a basic summary of.the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20% means dust that would obstruct an observer's view of an.object by 20%. District inspectors are state certified to evaluate visible emissions. ,Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed 'land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover. Carryout and 3rackout occur when materials from emptied or loaded vehicles falls onto a paved surface or shoulder of a public road .or when materials adhere to vehicle tires and are deposited onto a paved surface or shoulder of a public road. Should either occur, the material must be cleaned up at least daily, and immediately if it extends more than 50 feet from the exit point onto a paved road. The appropriate clean-up methods require the complete removal and cleanup of mud and dirt from :the paved surface and shoulder. Using a blower device or dry sweeping with any mechanical device other than a PM10-efficient street sweeper is a violation. Larger construction sites must prevent carryout and trackout from occurring by installing gravel pads, grizzlies, wheel washers, paved interior roads, or a combination thereof at each exit point from the site. Access and Haul Roads that are unpaved, as well as unpaved vehicle and equipment traffic areas at construction sites must have dust control. Speed limit signs limiting vehicle speed to 15 mph or less at construction sites must be posted every 500 feet. Storage Piles and Bulk Materials have handling, storage, and transportation requirements that include applying water when handling materials, wetting or covering stored materials, and installing wind barriers to limit VDE. Also, limiting vehicle speeds, loading haul trucks with a freeboard of six inches or greater along Northern Region Office Central Region Office Southern Region Office 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Avenue 2700"M" Street, Suite 275 Modesto, CA 953 56-93 2 1 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 gall" Regulation VIII requirements and Rule 8021 — Construction, Dlemolition, 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 dwe!lings. • The disking of weeds and vegetation for fire,prevention on sites smaller than % acre. • Spreading of daily landfill cover to preserve`public health and safety and to comply with California Integrated Waste Management Board requirements. Nuisances are prohibited at all times because District Rule 4102 — Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is important to monitor dust- generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive dust. For more information please contact the Compliance Division of the District office nearest to you. Information on Regulation VIII, where you may obtain copies of record keeping forms, the Dust Control Plan template, and the Construction Notification form, is available on the District's website at: - www.valleyair.otg File No.210.413 FRESNO METROPOLITAN FLOOD C0"&' TROL DISTRICT '' NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager GEORGE GODDARD Planning & Development Department 1625 HOWARD RDI., #321 C City of Fresno MADERA, CA 936317 2600 Fresno Street - Fresno, CA 93721 PROJECT NO. 66-6107 PRELIMINARY FEE(S) (See below) DRAINAGE AREA " CX - DRAINAGE AREA " CX " $9,582.00 DATE 2A 2l DRAINAGE AREA - - APN 403-022-06 TOTAL FEE $9,582.00 ADDRESS 1771 E. POWERS The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the z California Environmental Quality Act and the National Environmental Policy Act. The District in O cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/'NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to O issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through February 28, 20 06 based on the site plan submitted to O the District on 02/10/06 Contact FMFCD for a revised fie in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. 1 Considerations which may affect the fee obligation(s) or the timing or form of fee payment: O a) Fees related to undeveloped or phased portions of the project may be deferrable. b Fees may be calculated based on the actualP ercentage 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 constricted, 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. 200&019 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 FAX(559)456-3194 Two sided document it FRESNO . rROPOLITAN FLOOD CONTRO_ DISTRICT NOTICE OF REQUIREWNTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to Maple Avenue,south of East Powers Avenue. b. Grading and drainage patterns shall be as identified on Exhibit No_ 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control blaster Plan. 2. The proposed development shall construct and/or dedicate storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Stone Drain Plan Final Map X Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) 200&019 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document i i 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. n 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. z a. O State General Permit for Storm Water Discharges Associated with Construction Activities, N 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 commonyplan of development or sale). Permittees are required to: submit a Notice of Intent to be covered O and must pay a permit fee to the State Water Resources Control Board (State Board), O develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. , O b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPD,ES 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. 200e-019 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO : TROPOLITAN FLOOD CONTRO, ISTRICT 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, Proj6 t Eng' eer: qavier Hernandez District Engineer C: HARBOUR AND ASSOCIATES 375 WOODWORTH AVE., SUITE 103 CLOVIS, CA 93612 200"19 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO. 2 Our records indicate that there is not continuous existing curb and gutter to convey runoff to the temporary inlet located on the west side of Maple Avenue just south of Powers Avenue. The developer shall be required to provide documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet location. It is the developers' responsibility to demonstrate to the District that the existing inlet has the capacity for the additional runoff. In case the inlet can't handle the additional flow, the existing Type "E" inlet should be replaced with a Type "D" inlet. Development No. CUP 2006-019 K:\Perm its\Exhib it'-)\C ity-cup\2006\2006-019.docoh) CITY OF FPrgNO —ENVIRONMENTAL ASSESSMr"T/INITIAL STUDY 1NDING OF CONFORMITY/MEIR NL -013 Pursuant to Section 21157.1 of the California Public Resource Code DA I OR FILING: (California Environmental Quality Act) the project described below is 006 MAR 30 PM determined to be within the scope of the Master Environmental Impact Report �: 29 (MEIR) No. 10130 prepared for the 2025 Fresno General Plan C TY CLERK, FRESNO r, Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 Applicant: Initial Study Prepared By: George Goddard Will Tadkett 1625 Howard Road #321 Planner II Fresno, CA 93637 March 310, 2006 Environmental Assessment Number: Project: ocation (including APN): EA No. R-05-63//C-06-19lT-5564 South side of East Powers Avenue between North Cedar and North Maple Avenues. (403-022-06) Project Description: George Goddard has filed Rezone Application No. R-05-63, Conditional Use Permit Application No. C-06-19 and Tentative Tract Map No. T-5564 for approximately 2.62 acres of property located on the south side of East Powers Avenue between North Cedar and North Maple Avenues. Rezone Application No. R-05-63 proposes to rezone the subject property from the AE-20/UGM (exclusive 20-Acre AgriculturaUUrban Growth Management) zone district to the R-1-C/UGM (Single Family Residential/Urban Growth Management) zone district. The related conditional use permit application and tentative tract map request authorization for the development of a six lot single family residential subdivision at a density of 2.29 dwelling units per acre and the establishment of a private street. The applications are consistent with the medium-low density (2.19-4.98 dwelling units/acre) residential planned land use as designated by both the 2025 Fresno General Plan and the Woodward Park Community Plan. Conformance to Master Environmental Impact Report(MEIR NO. 10130): The 2025 Fresno General Pian and the Woodward Park Community Plan designate the subject parcel for medium-low density residential planned land uses. The proposed R-1-C/UGM (Single Family Residential/Urban Growth Management) zone district for the subject site conforms to the medium-low density residential planned land use designation as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District Consistency Matrix." Development of the subject property at the proposed density of 2.29 dwelling units per acre is consistent with the medium-low density residential planned land use designation pursuant to Section 12-403-13-1 of the Fresno Municipal Code. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed rezoning in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is proposed for development in the future with single family residential uses at an intensity and scale that is permitted by the planned land use and proposed zoning designation for the site. Thus, the rezoning will not facilitate an additional intensification Of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city services stems or the traffic circulation system that serves the subject parcels. These infrastructure findings have b en verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under ME" No. 10130 Environmental Assessment No. 5-63/C-06-19/T-5564 Page 2 Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium-low density residential land use designation specified for the subject parcel. Based on this initial study, the proposed project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). J�:�&Jgx 64a 3/,�O zo 16 Darrell Unruh D e Planning Manager, City of Fresno Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-05-63/C-06-19/T- 5564 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. R-05- 63/C-06-19/T-5564 ENA"RONMENTAL ASSESSMENT(EA) CH-CKLIST 'OTENTIAL ENVIRONMENTAL EFF► ,'S EA NO. R-05-63/C-06-1917"-5564 1_0 TOPOGRAPHIC,SOIL, GEOLOGIC 11. URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR OUILITY 1 11.7 Availability of storm water drainage facilities(on or 1 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 129 HAZARDS 1 12.1 Risk of explosion or release of hazardous 3_0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste 1 3.4 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 13.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5_0 ANIMAL LIFE 1 14.1 Removal of historic building, disruption of 1 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat historic site 6_0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy 8.0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect "0" Insufficient Information residential areas 1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the potlential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 1 9.1 Incompatibility with adopted plans and policies "1" No significant Environmental Effect 1 9.2 Acceleration of growth rate The proposed project will not have an adverse 1 9.3 Induces unplanned growth 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not'applicable to the particular project under consideration. 1 10.1 Generation of vehicle traffic sufficient to cause capacity "2" Moderate Environmental Effect deficiencies on existing street system The proposed project will have an adverse environmental 1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. However, this effect is not pedestrians substantial enough in itself to require the preparation of an 1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigable through 1 10.5 Insufficient or poorly located parking project changes and conditions. 1 10.6 Substantial increase in rail and/or air traffic "3" Significant Adverse Environmental Effect The environmental effect identified in this category substantiates in itself or contributes towards a finding that the proposed project has a potentially significant adverse effect on the environment sufficient to require the preparation of an Environmental Impact Report. O m - N m X X c E I, O cn } Ch •o y ) `o) W O Ia �, cCL i L ° ° a) 0 U m 'a o o yU .�• m c a � mm °cm cma ° ¢ m � ¢ a. 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