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Home My WebLink AboutT-5567 - Conditions of Approval - 12/28/2012 0 r `wo REPOR7 O THE PLANNING COMMISSION AGENDA ITEM NO. VIII-E COMMISSION MEETING 9-20-06 September 20,20064ZONEE b , APPROVEDBY FROM: STAFF,Planning Divi �/ Planning and Develop DEPARTMENT DIRECT SUBJECT: CONSIDERATION OTION NO.R-06-35,VESTING TENTATIVE TRACT MAP NO.5567/UGM,AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO.R-06-35/T-5567 EXECUTIVE SUMMARY Rezone Application No. R-06-35 proposes to change the zone district from the R-R (County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district for approximately 4 acres of property located on the east side of North Polk Avenue between West Shields and West Clinton Avenues. The applicant, Generation Homes, Inc., has also filed Vesting Tentative Tract Map No.5567/UGM proposing to subdivide the subject property into a 17-lot single family residential subdivision at an overall,density of 4.3 units per acre. The applications would bring the subject property into conformance with the 2025 Fresno General Plan and the West Area Community Plan, pursuant to Section 12-403-B-2 of the Fresno Municipal Code. This rezone application and subdivision map are supported by staff and the West Area Community Plan Citizens Advisory Committee. PROJECT INFORMATION PROJECT A 17-lot single-family residential subdivision on approximately 4 acres(gross)of property to be developed at an overall density of 4.3 dwelling units per acre APPLICANT Generation Homes,Inc.(Engineer:Giannetta Engineering) LOCATION East side of North Polk Avenue between West Shields and West Clinton Avenues (Council District 1,Councilmember Boyajian) SITE SIZE Approximately 4 acres LAND USE Existing Vacant Proposed - Single Family Residential ZONING Existing R-R(County-Rural Residential) Proposed - R-1/UGM(Single Family Residential/Urban Growth Management) PLAN DESIGNATION The proposed R-1/UGM zone district and 17-lot single family AND CONSISTENCY residential subdivision is consistent with the 2025 Fresno General Plan and West Area Community Plan designation of the site for medium density residential planned land uses, pursuant to Section 12-403-B-2 of the Fresno Municipal Code ENVIRONMENTAL FINDING Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 dated August 8, 2006 REPORT TO THE PLANNING COMMISSION Rezone Application No.R-06-35 Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 2 PLAN COMMITTEE The West Area Community Plan Citizens Advisory Committee RECOMMENDATION recommended approval of the proposed project at its meeting on August 7,2006. STAFF RECOMMENDATION Recommend approval of rezone application and approve vesting tentative tract map subject to compliance with the Conditions of Approval for T-5567/UGM dated September 20,2006 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium-High Density Residential R-R(County) Rural Residential Rural Residential South Medium Low Density Residential R-R(County) Rural Residential Rural Residential East Medium Density Residential R-R(County) Rural Residential Rural Residential West Medium Density Residential R-R(County) Rural Residential Rural Residential ENVIRONMENTAL FINDING ' The initial study prepared for Environmental Assessment No. R-06-35/T-5567 considered potential environmental impacts associated with the subject rezone application and subdivision map request. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of Master Environmental Impact Report No.10130. Therefore, staff'has issued a finding that the project proposal is in conformance to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)dated August 8, 2006, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly noticed with no comments filed within the 20-day review and comment period. BACKGROUND/ANALYSIS The applicant,Generation Homes,Inc.,has filed Rezone Application No.R-06-35 and Vesting Tentative Tract Map No. 5567/UGM for approximately 4 acres of property located on the east side of North Polk Avenue between West Clinton and West Shields Avenues. The rezone application proposes to reclassify the subject property from the R-R (County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract Map No. 5567/UGM proposes to subdivide the 4-acre site into a 17-lot single family residential subdivision at an overall density of 4.3 dwelling units per acre. The subdivision map is a revision to approved Vesting Tentative Tract Map No. 5300 which proposed 148-lots on a portion of the subject property as well as an additional approximately 30 acres to the south and east of the subject property. Since the approval of Vesting Tentative Tract No.5300,the applicant purchased an approximately one acre parcel that was not part of Vesting Tentative Tract No.5300. In REPORT TO THE PLANNING COMMISSION Rezone Application No.R-06-35 Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 3 order to combine this newly acquired parcel with Vesting Tentative Tract No.5300, it was necessary to redesign the northwesterly portion,of Vesting Tentative Tract No. 5300. This redesign is the now proposed Vesting Tentative Tract No.5567. On November 19, 2002, the City Council, through Resolution No. 2002-379, adopted the 2025 Fresno General Plan which also adopted the West Area Community Plan. The West Area Community Plan designates the subject property for medium(4.99-10.37 dwelling units per acre)density residential land uses. The applicant wishes to pursue development of the subject property with 17 single family homes. The requested R-1/UGM (Single Family Residential/Urban Growth Management) zone district is considered consistent with the planned land uses contingent upon the development of the property in accordance with Vesting Tentative Tract Map No.5567/UGM. Furthermore,the proposed development with a density of 4.3 dwelling units per acre demonstrates that the project site will be developed within the overall density of dwelling units anticipated by the 2025 Fresno General Plan and West Area Community Plan as provided by Section 12-403-B-2 of the Fresno Municipal Code(FMC). West Area Community Plan Citizens Advisory Committee The West Area Community Plan Citizens Advisory Committee recommended approval of the proposed project at its meeting on August 7,2006. Water Resources and Public Water Supply The Water Division of the Department of Public Utilities has determined that there is an adequate source of water available to serve the project with the implementation of the UGM service delivery requirements and environmental impact mitigation measures. The nearest presently available water service lines are located in West Clinton and North Polk Avenues. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent flood control service is not available for this project. The developer will be required to construct temporary facilities until permanent facilities become available. Implementation of the 2025 Fresno General Plan policies,mitigation measures of Master Environmental Impact Report No. 10130, the Water Resources Management Plan, and the mitigation measures identified by the project environmental assessment/initial study will provide an adequate, reliable and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Sewage Collection System Capacity Several major facility improvement projects have been implemented at the City of Fresno's Regional Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of population and employment growth up to a projected population holding capacity of 590,000 people. These improvements have been completed to provide an expanded wastewater treatment and reclamation capacity of 80 million gallons per day(MGD),which is sufficient to accommodate continued planned urban development including the proposed project. The Department of Public Utilities has determined that adequate sanitary sewer service is available to serve the project,subject to the mitigation measures imposed with the environmental assessment. The nearest public sanitary sewer main to serve this project is located in North Cornelia Avenue at West Clinton Avenue. REPORT TO THE PLANNING COMMISSION Rezone Application No.R-06-35 Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 4 Circulation Element Plan Policies and Major Street System Traffic Capacity The 2025 Fresno General Plan designates North Polk Avenue as an arterial street, which typically requires a 110-foot right-of-way width. The applicant will be required to dedicate and construct improvements on North Polk Avenue. Other improvements include the construction of curb, gutter, sidewalk, and transition paving within the limits of the tract; construction of an underground street lighting system;and relinquishment of access rights to North Polk Avenue for all residential lots adjacent to the major street frontage. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No.5567/UGM Conditions of Approval dated September 20,2006. Because the immediately surrounding properties are not developed, the planned major street and intersection improvements have not yet been completed as required by adopted plans, policies and development standards. However,the proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report(No. 10130)certified by the Council with the adoption of the 2025 Fresno General Plan,will be required to pay impact fees specific to the traffic signalization of the major street intersections. State Department of Transportation(Caltrans) The project was routed to the California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations and they responded with no comment. Subdivision Design/Streets and Access Points This subdivision is proposed to have one access point to North Polk Avenue. The subdivision also proposes three interior street connections to approved Vesting Tentative Tract Map No. 5300/UGM to the east and south of the subject site. The Public Works Department,Transportation Planning Section has reviewed the rezone application,and tentative tract map. Public Works staff has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of North Polk Avenue to its ultimate planned width. Landscaping/Walls Given that the proposed subdivision abuts a planned arterial street,in accordance with West Area Plan Policy No. W-3-b, the developer will be required to install 20 feet of landscaping along North Polk Avenue per West Area Plan Policy No.W-3-c. In addition,the applicant will be required to install a solid wall at the rear of the required landscape setback, which will mitigate the adverse effect of noise generated by vehicles traveling on the adjacent major street. Lot Dimensions The R-1/UGM zone district requires minimum lot sizes of 6,000 square feet. All of the lots in the subdivision exceed the minimum lot size requirement. In addition,all lots meet or exceed the minimum lot width(60 feet)and depth(100 feet)as required by the R-1 (Single Family Residentian zone district. REPORT TO THE PLANNING COMMISSION Rezone Application No.R-06-35 Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 5 Tentative Tract Map Findings The Subdivision Map Act(California Government Code Section 66400 et.seq.)requires that a proposed subdivision not be approved unless the map,together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan(Finding No. 1 below). State law further provides that the, proposed subdivision map be denied if any one of the Finding Nos.2-5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No.6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan (there is not an applicable specific plan), because the West Area Community Plan designates the site for medium density residential land uses and subject to Section 12-403-B-2 of the Fresno Municipal Code,the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development,because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish,wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems,because the conditions of approval have shown and will insure that the subdivision conforms with City health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval'will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides,to the extent feasible,for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map,subject to the recommended conditions of approval,complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval,staff has determined that these findings can be made. Action by the Planning Commission regarding the rezone application will be a recommendation to the City Council. Planning Commission action of the proposed tentative tract map, unless appealed to the Council,is final. REPORT TO THE PLANNING COMMISSION Rezone Application No.R-06-35 Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 6 CONCLUSION/RECOMMENDATION It is recommended that the Planning Commission take the following actions: 1. RECOMMEND APPROVAL of the environmental finding for Environmental Assessment No.R-06-35/T-5567 dated August 8, 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-06-35 which proposes to rezone the project site from the R-R (County) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district. 3. APPROVE Vesting Tentative Tract Map No.5567/UGM subject to compliance with the Conditions of Approval dated September 20,2006. KACommon\Tract Maps\'Tract No.5567,T-5567 PC Rpt 9-20-06.doc Attachments: Vicinity Map Vesting Tentative Tract Map No.5567/UGM dated June 14,2006 Vesting Tentative Tract Map No.5300 Conditions of Approval for T-5567/UGM dated September 20,2006,including letters from the Central Unified School District(08/04/06),Fresno Metropolitan Flood Control District (07/21/06),San Joaquin Valley Air Pollution Control District(06/26/06),Pacific Gas and Electric(07/10/06),Traffic Division(09/13/06),Solid Waste Division(07/06/06),Fire Department(06/27/06) Environmental Assessment No.R-06-35/T-5567,Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)dated August 8, 2006 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL September 20,2006 VESTING TENTATIVE TRACT MAP NO. 5567/UGM East side of North Polk between West Clinton and West Shields Avenues All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management(UGM)Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption"Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code§66020(d)(1),the imposition of fees, dedications,reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees,dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5300/UGM entitled"Exhibit A," dated June 14,2006,the subdivider may prepare a Final Map in accordance with the approved tentative map. Related Rezone Application No.R-06-35 shall be approved by the City Council to become effective prior to Final Map approval. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval(Reference:Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal,the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities,and Planning and Development Departments for grading,public sanitary sewer system,public water system,street lighting system,public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If,at the time of Final Map approval,such plans have not been approved,the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans Conditions of Approval Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 2 5. Public utilities easements,as necessary,shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development,shall be acquired at the subdividers cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions,policies and standards set forth in the City of Fresno,Municipal Code, Article 10,Chapter 12,"Subdivision of Real Property;"Resolution No.68-187,"City Policy with Respect to Subdivisions;"and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewering, 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 and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If,at the time of Final Map approval,any public improvements have not been completed and accepted in accordance with the standards of the City,the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right,title,or interest and the nature of their interest per State law. 10. Relinquish access rights to North Polk Avenue from all residential lots which abut this street. Ref. Section 12-1011-f-3 of the Fresno Municipal Code. 11. Prior to final map approval,the owner of the subject property shall execute a"Right to Farm" covenant with the City of Fresno.Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The"Right to Farm"covenant shall be recorded prior to or concurrent with the recording of the Final Map of Tentative Tract No.5567/UGM. Landscaping and Walls 12. Pursuant to Policy W-3-c of the West Area Community Plan, provide a 20-foot landscaped easement(and irrigation system)along the side or rear property line of all lots which side-onto or back-onto North Polk Avenue per Policy W-3-b of the West Area Community Plan. Ref.Section 12-10114-3 of the Fresno Municipal Code. Conditions of Approval Vesting Tentative Tract Map No,5567/UGM September 20,2006 Page 3 13. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 14. Maintenance of the required landscape easement along North Polk Avenue may be the responsibility of the City's Community Facilities District No. 2. Contact the Public Works Department,Engineering Services Division,for information regarding the city's District and comply with the requirements noted in the memorandum from the Public Works Department,Engineering Services Division for Vesting Tentative Tract Map No.5300 dated June 9,2004. The property owner shall petition the City for annexation to the City's District prior to Final Map approval. 15. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District No.2,he/she shall be required to provide the City of Fresno,Department of Public Works, with a petition consisting of the following items: a. A letter(petition)from the landowner or the owner's representative requesting the Final Tract be placed into the District. The name, address, phone number and fax number of the developer/landowner must be included in this letter. b. A District Tentative Plan for the entire tentative map, signed by the landowner/developer, showing landscaping locations and total areas by type to be added to the District. The plan will also show locations,areas by type and quantities of any other features to be added to the District. c. Complete plans for the current final tract map showing all features to be added to the District. 16. Should the City Council not approve the annexation of such landscape areas into Community Facilities District No.2,the property owner/developer shall create a homeowner's association for the maintenance of the landscape areas. 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 owner's association for landscaping and other provisions as stated in the Development Department Guidelines for preparation of CC&Rs dated January 11,1985. 17. 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. 18. Construct a 6-foot high solid masonry wall along the rear or side property lines of all lots which back onto or side onto North Polk Avenue(solid wall to meet the requirements of Section 12-306- H, Fresno Municipal Code). Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. Conditions of Approval Vesting Tentative Tract Map No,5567/UGM September 20,2006 Page 4 Building Setbacks 19. Building setbacks shall be in accordance with the R-1/UGM zone district and the provisions of Fresno Municipal Code Section 12-207.5-E-1-c as shown on Exhibit"A"of Tentative Tract Map No.5567/UGM dated June 14,2006. Information 20. Prior to the issuance of building permits for the subdivision,school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees.See the attached memorandum from the Central Unified School District dated August 4, 2006. 21. Contact the United States Postal Service,Fresno Office,for the location and type of mailboxes to be installed in this subdivision. 22. Pursuant to Section 66456.1 of the Subdivision Map Act,which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12,Article 10,Subdivision of Real Property. 23. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well,septic tank/leach field or cesspool,and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 24. If archaeological and/or animal fossil material is encountered during project surveying,grading, excavating,or construction,work shall stop immediately. 25. If there are suspected human remains,the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109;after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin,the Native American Heritage Commission(phone number 916-653- 4082)shall be immediately contacted,and the California Archaeological Inventory/Southern San Joaquin Valley Information Center(phone number:805-644-2289)shall be contacted to obtain a referral list of recognized archaeologists. 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. 26. If animal fossils are uncovered,the Museum of Paleontology at U.C.Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist;if the paleontologist determines the material to be significant,a recommendation shall be made to the City as to any further site investigation or preservation measures. Conditions of Approval Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 5 27. 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. The application shall be filed prior to the approval of the Final Map(s)by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel,or interest into which the original assessed lot,parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 28. 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. 29. The subdivider shall obtain any and all permits required for the removal or demolition of any building or structure located within the subdivision boundaries. The developer shall also obtain any and all permits required for the closure of any septic tank,cesspool,or water well. All permits shall be obtained prior to commencement of such work in accordance with Chapter 13 of the Fresno Municipal Code. 30. 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 the attached memorandum from the Solid Waste Division dated July 6,2006). PARK SERVICE 31. The developer/owner shall comply with the requirements from the Parks Division dated June 25, 2004,for Vesting Tentative Tract No.5300/UGM. Conditions of Approval Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 6 Urban Growth Management Requirements 32. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. FIRE SERVICE 33. Fire service will be provided by City of Fresno Temporary Fire Station No.16. 34. Comply with the attached memorandum from the Fire Department dated June 27,2006. Urban Growth Management Requirements 35. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the time of final map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the Fresno Municipal Code. STREETS AND RIGHTS-OF-WAY 36. The subdivider shall furnish to the city acceptable security to guarantee the construction of the off- site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 37. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area(i.e.,fire hydrants,streetlights,etc.),a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary,dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 38. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications(2002 Edition). 39. The subdivider shall install all existing and proposed utility systems underground in accordance with Fresno Municipal Code Section 12-1011,8-801 and Resolution No.78-522/88-229. 40. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height,type,spacing,etc.,of standards and luminaires shall be in accordance with Resolutions No.68-187,78-522,81-219 and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City,the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. Conditions of Approval Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 7 41. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 42. 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. 43. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. 44. Comply with the attached memorandum from the Public Works Department,Traffic Division dated September 13,2006 SANITARY SEWER SERVICE The nearest existing sewer main is a 45-inch sewer main in North Cornelia Avenue at West Clinton Avenue. The following conditions are required to provide sanitary sewer service to the tract. 45. Construct a 12-inch sanitary sewer main in West Clinton Avenue from North Cornelia Avenue west to North Polk Avenue. 46. Construct an 8-inch sewer main in North Polk Avenue north across the project frontage. 47. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 48. Separate sewer house branches shall be provided to each lot created within the subdivision. 49. The developer's engineer shall provide a preliminary sewer layout for City review prior to submitting plan and profile drawings for plan check. 50. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the sanitary sewer system. 51. Abandon all existing on-site private sanitary sewer systems. 52. All underground street utilities shall be installed prior to permanent street paving. 53. Street easements and/or deeds shall be recorded prior to approval of improvement plans. Urban Growth Management Requirements 54. Sewer connection charges are due and shall be paid for the project. 55. Sewer Oversize Reimbursement for Service Area No.22 and 23. Conditions of Approval Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 8 WATER SERVICE There is an existing 14-inch water main in North Polk and West Clinton Avenues. The following conditions are required to provide water service to the tract. Water mains shall be installed before street improvements and paving. 56. Extend the 14-inch water main(including installation of City fire hydrants)in North Polk Avenue from West Clinton Avenue north to the westerly prolongation of the north boundary of the project frontage. 57. Water mains(including installation of City fire hydrants)shall be extended within the proposed tract to provide water service to each lot created. 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 any 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 City of Fresno standards, specifications,and policies. 61. Existing on-site wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with the California Well Standards,Bulletin 74-90 or current revisions, issued by California Department of Water Resources,and City of Fresno standards. 62. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. 63. Installation of public fire hydrant(s)is required in accordance with City Standards. Urban Growth Management Requirements 64. Payment of appropriate water connection charges at the time of final map approval subject to deferral to building permit issuance as appropriate. 65. Payment for installation of water service(s)and/or meter(s)is required 66. Pay UGM water fees for Water Service Area No.301S. URBAN GROWTH MANAGEMENT REQUIREMENTS(GENERAL) 67. The developer of property located within the UGM boundaries shall comply with all sewer,water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements)in accordance with the requirements of State Law as related to vesting tentative tract maps. Conditions of Approval Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 9 68. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 69. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 70. 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. 71. 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. 72. 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 ora request for an estimated appraisal amount(to be determined by the City of Fresno Real Estate Section)prior to preparation of a Subdivision Agreement. 73. 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 74. The subdivider shall be required to pay any applicable storm drainage fees to complywith Fresno Municipal Code Chapter 13,Article 13. 75. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements,which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated July 21,2006. 76. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational oras directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. Conditions of Approval Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 10 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 77. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated June 26,2006,for Vesting Tentative Tract Map No.5567/UGM. PACIFIC GAS AND ELECTRIC 78. Comply with the attached correspondence from the Pacific Gas and Electric Company dated July 10,2006. DEVELOPMENT FEES AND CHARGES 79. This project is subject to the following development fees and charges: PARKS DEPARTMENT FEE/RATE a. Street Tree Landscape Plan Review fee $56.00 b. Street Tree Installation fee $129.00/tree City-installed tree c. Street Tree Inspection fee $30.00/tree Developer-installed tree d. Maintenance District Plan Review fee $176.00 e. Maintenance District Inspection fee $305.00 f. Reinspection fee $29.00 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/RATE g. Metropolitan Flood Control District fee `Contact FMFCD for new fees. Rates increased March 1,2004. SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge $0.10/sq.ft.(to 100-foot depth) I. Oversize Charge $0.05/sq.ft.(to 100-foot depth) j. Trunk Sewer Charge $419/living unit Service Area:Cornelia k. Wastewater Facilities Charge $2,119/living unit Conditions of Approval Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 11 I. Copper Avenue Sewer Lift Station Charge n/a m. Fowler Trunk Sewer Interim Fee Surety n/a n. House Branch Sewer Charge n/a o. Millbrook Overlay Sewer n/a WATER CONNECTION CHARGES FEE RATE p. 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. q. Frontage Charge $6.50/lineal foot r. Transmission Grid Main Charge $643/gross acre s. Transmission Grid Main Bond Debt Service Charge $243/gross acre t. UGM Water Supply Fee $508/living unit Service Area:301 s u. Well Head Treatment Fee $221/living unit Service Area:301 v. Recharge Fee $0/living unit Service Area:301 w. 1994 Bond Debt Service $60/living unit Service Area:301 DEVELOPMENT IMPACT FEE X. Police Facilities Impact Fee $624/living unit y. Traffic Signal Charge $414.69/living unit Z. Quimby Parkland Dedication Fee $1120/living unit aa. Park Facility Impact Fee $3398/living unit bb. Fire Facilities Impact Fee $539/living unit Conditions of Approval Vesting Tentative Tract Map No.5567/UGM September 20,2006 Page 12 URBAN GROWTH MANAGEMENT FEE RATE/CHARGE" bb. Major Street Charge $3531/adj.acre Service Area:E-4 cc. Major Street Bridge Charge $196/adj.acre Service Area:E-4 dd. UGM Grade Separation Fee n/a ee. Trunk Sewer Charge n/a Service Area:Cornelia ff.* Street Acquisition/Construction Charge n/a K1Tract Maps\Tract No.5567\T-55670-UGM-COA 9-20-06.DOC ti ^cenh r CENTRAL UNIFIED SCHOOL DISTRI OPERATIONAL SERVICES 4605 North Polk Avenue • Fresno California 93722 Phone: (559)276-5211 e FAX: (559) 276-5515 Mike Berg,Chief Operational Officer Jack McKee,Maintenance Supervisor Lodgerio Jorge,Custodial Supervisor LaVonda Johnson,Grounds Supervisor Eddie Davidson,Work Control Manager Diane Kom oto,Transportation Manager David Deel,Community/Facilities Planning Manager August 4,2006 City of Fresno Development Department—Planning Division 2600 Fresno Street l' `• %!'.;'a Fresno, CA 93721 Attn: Dave Braun Subject: TT 5567 Central Unified School District has the following conditions/comments for the above project(s): Condition of approval: 1. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620. 2. Install concrete sidewalks/curbs/gutters on both sides of the interior streets for the proposed project in a manner consistent with the existing subdivisions in the area and to City standards. 3. Install a permanent school bus pull-out located along Polk Avenue adjacent to lots 5, 6, & 7, per the attached design drawing. The Qistrict is willing to work with the Developer to determine the location of this permanent school bus pull out, prior to submittal of the final map. District Administration Manlou Ryder,Ed.O.Supecintendent Sarah Koligian,Educational Services Chris Williams,Human Resources Michele Copher K-12/Adult Ed•John Mulligan,Executive Seivices 4605 N.Polk Avenue�Fresno,CA 93722 (559)276-5206 TT 5567 8/4/2006 Page 2 of 4 Comments: The proposed project will add approximately 10 K-12 grade students to the District's average daily attendance. Number of lots/units= 17 Grade Level: #of Students Generated K-6 grade students 6 7-8 grade students 2 9-12 grade students 2 TOTAL K-12 grade 10 The District will be able to accommodate these new students at the schools of attendance indicated below. To offset the cost to house these students, the District currently levies development fees of$2.92 per square foot for residential development and $0.42 per square foot for commercial / industrial development. As a point of information, development fees are subject to increase every two years by the State Allocation Board. Any new development on the property will be subject to the development fees in place at the time development fee certificates are obtained. Sidewalks will be required along interior neighborhood streets and major exterior streets to provide the necessary identifiable boundary between students and traffic,and provide a safe place for students walking to and from existing school sites and bus stops. Bus transportation will be provided to those students in accordance with District policies in effect at the time of enrollment. Currently, bus transportation is provided for: • K-8th grade students residing at least one mile or more from their school of attendance; • 9th-12th grade students residing at least two miles or more from their school of attendance. The District is an advocate for safe walking routes. At this time, however,an identifiable safe walking route does not exist to the middle school or high school of attendance indicated below. The District will need to provide busing for these students and has concluded using interior subdivision streets are not adequate or safe for bus turning and/or navigation movements. Therefore, the District will require a permanent bus pull out, separated from traffic lanes by a concrete median strip. Attached is a design drawing that meets approval by the City Traffic Engineering Manager. This bus stop will also serve students from the adjacent subdivision tract 5300. The following school of attendance information is provided: Please note: The District has plans to construct a phased "educational center" on the NEC of Grantland and Ashlan Avenues. The Educational Center will be home to an 800 TT 5567 8/4/2006 Page 3 of 4 student Elementary school (open Aug. 2007), a 1000 student Middle school (open Aug. 2008) and a 2500 student High school (open Aug 2010). In addition, the District has plans for a new Elementary School on Valentine Avenue south of Clinton Avenue. These proposed schools may affect the school of attendance for the proposed tract and/or the attendance boundary of the following schools: • Elementary School Information: School Name: Polk Elementary Address: 2195 N. Polk Ave • Middle School Information: School Name: EI Capitan Middle School Address: 4443 W.Weldon Ave. • High School Information: (a) School Name: Central High School—East Campus Address: 3535 N. Cornelia Ave (b) Currently, Central High School- West Campus is a mandatory attendance 9`r' grade school with optional programs for grades 10`n-12m The California Department of Education has current API scores - see: http://www.cde.ca.gov/ta/ac/ap/index.asp (however this site does not have current District enrollment data-see: http://www.ed-data.kl2.ca.us/.) The District appreciates the opportunity to comment on above project. Should you have questions or need additional information, please contact me at 559-276-5203 or ddeel(a centralusd.k12.ca.LIS. Sincerely, David Deel Facilities Planning Manager Attachment File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr,Gil Haro,Planning Manager GENERATION HOMES Planning&Development Department 1368 W.HERNDON STE.103 City of Fresno FRESNO,CA.93711 2600 Fresno Street - Fresno,CA 93721 MAP NO. 5567 PRELIMINARY FEE(S)(See below) DRAINAGE AREA(S) " CI DRAINAGE AREA CI $39,819.00 DATE 7/aro G DRAINAGE AREA TOTAL FEE $39,819.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD project engineer prior to Ul approval of the final map for the fee. 0) Considerations which may affect the fee obligation(s)or the timing or form of fee payment: y a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5567 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292 -FAX(559)456-3194 Two sided document FRESNO MET. POLITAN FLOOD CONTROL DI. RICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 14-2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. I as"Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water&Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessating appropriate floodplain management action. (See attached Floodplain Policy.) 550 5469 E.OLIVE-FRESNO,CA 93727 -(559)456-3292- FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES) Mi permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities,approved August 1999,(modified December 2002.) A State General O Construction Permit is required for all clearing,grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre if part of a larger common plan of development or sale). Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Ul Board(State Board),develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997(available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit:manufacturing;trucking; recycling;and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant indicators,and annually submit a report to the State Board. 5567 5469 E.OLIVE - FRESNO,CA 93727-(559)456-3292 -FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits,eliminate the potential for non- storm water to enter the municipal storm drain system,and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify,reduce or add to these requirements,or revise fees,as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No.2 for additional comments,recommendations and requirements. Gerald E.Lakem Pro' ct ngineer: Mitzi M.Molina District Engineer C: GARY GIANNETTA 1119 S ST. FRESNO,CA.93721 5567 5469 E.OLIVE- FRESNO,CA 93727 - (559)456-3292- FAX(559)456-3194 Two sided document n NOTTB: THIS DRAWBAR IS SCHEMATIC, DISTANCES ARE APPROXIMATE. I Nl I I I I I l� HOMAN AVE.24� t Lij --- [' TRACT ' U - I I 5770 ' Z' ( I I L BROWN AVE. ui I Z h I O v M# SCALE 1"=300'lv I � I L1J I 24' --� Q—HARVARD AVE. w i W TRACT ¢ Mi hl 1'e. J i 5300 ¢ i I I , I ♦— i 7 I ml I I (n I , i TERRACE AVE. � I Tj r----------- (L ---- ---d I ---_1 II — ____"" CLINTON AVE I I I I I I'l l I � II• •vl , I I I / ------------- LEGEND ® 15'Drainage Easement To Be Dedicated To The District. — Direction Of Drainage Master Plan Facilities To Be Constructed By Developer- — Inlet Boundary Pipeline(size Shown)&Inlet. —•••— Drainage Area Boundary o- —— Existing Master Plan Facilities �— Future Master Plan Facilities m-————- Storm Drain Facilities to be Constructed by Tract 5300,Tract 5770. TRACT 5567 EXHIBIT NO. t DRAINAGE AREA:"Cl" 111/x/ FRESNO METROPOLITAN FLOOD CONTROL DISTRICT -8Y MOH OATS: apace KIWMaaNWMUHISITTPACTSl 7Pxg MIS-1:— BATF. OTHER REQUIREMENTS EXHIBIT NO.2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. A minimum fifteen-foot(15')wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including,but not limited to,foundations,roof overhangs,swimming pools,and trees. The easement may be slightly realigned to accommodate future development,provided the property owner accepts the responsibility to grade the property such that the drainage from the property will reach inlets on the alternate pipeline alignment,and accepts any additional costs for the construction of additional storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed and approved by the District. The District recognizes that the developer's proposed street patterns for Tract 5567 are not consistent with the alignment of the Master Plan facilities,as identified on Exhibit No. 1. The storm drain facilities may be slightly realigned to be compatible with the proposed street layout for Tract 5567. However,drainage fee credit will only be granted for the Master Plan storm drain facilities identified on Exhibit No. 1. Drainage from the site shall be directed as shown on Exhibit No. 1. Permanent drainage service will be available to the portion that drains toward Polk Avenue. Permanent service will not be available for the easterly portion of the site. The District recommends temporary facilities until permanent service is available. Development No. Tract 5567 engr\perm i6exhiba2\tracts\5567(mmin) San Joaquin Valley Air Pollution Control District June 26,2006 Reference No.C200601411� City of Fresno ti - Planning and Development Department r^ Attn:Dave Braun �IJ'it r,l;u=3 2600 Fresno Street,Third Floor Fresno,CA 93721-3604 C as Subject: T-5567;R-06-35;APN 312-062-34,35,37 Dear Mr.Braun: The San Joaquin Valley Unified Air Pollution Control District(District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and particulate matter(PM10 and PM2.5). This project would contribute to the overall decline in air quality due to construction activities in preparation of the site, and ongoing traffic and other operational emissions. Preliminary analysis indicates that this project alone would not generate significant air emissions. However,the increase in emissions from this project,and others like it,cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below: Based on the information provided,it appears that this project will have a less-than-significant impact on the ambient air quality. However,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 not enumerated below. 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) Rules 8011-8081 are 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 track out, landfill operations, etc. The District's compliance assistance bulletin for construction sites can be found at http://www.valleyair.org/busind/comply/PM 10/Req%20VI11%20CAB,pdf. If a residential site is 1.0 to less than 10.0 acres,an owner/operaW,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. A template of the District's Construction Notification Form is available at http://www.valleyair.org/busind/comply/PM10/forms/Notification%20Form`/`20Fina1%2012 01 2005 doc. Rule 4102(Nuisance)This rule 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. Northern Region Office Central Region Office Southern Region Office 42100 Enterprise Way 1990 East Cettysburg Avenue 2700 M Street,Suite 275 Ntodesto,CA 95356-11718 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 (209)557-6400•FAX(209)557-6475 (559)230-6000•FAX(5.59)230-6061 (661)326-6900•FAX(661)326-6985 www,vallcyair.nrg Mr.Braun June 26,2006 T-5567;R-06-35 Page 2 Rule 4601 (Architectural Coatings)This rule limits volatile organic compounds from architectural coatings by specifying architectural coatings storage,clean up and labeling requirements and applies to any person who supplies,sells,offers for sale,applies,or solicits the application of any architectural coating. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations) If asphalt paving will be used,then paving operations of this project will be subject to Rule 4641.This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) This rule limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3,specifically: • 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two(2)dwelling units per acre. •5.3.2 No person shall install more than two(2)EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three(3)dwelling units per acre. •5.3.3 No person shall install more than one(1)wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two(2)dwelling units per acre. More information about Rule 4901 can be found on our website at www.vallevair.org. For compliance assistance,please contact Mr.Wayne Clarke,Air Quality Compliance Manager,at(559)230-5968. 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 the City of Fresno 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 for incorporation into the project. • Large canopy trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade 50% of paved areas within 15 years. Also, trees should be planted adjacent to all sidewalks. Structural soil should be used under paved areas to improve tree growth. For information on Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/. For information on Tree Selection see http://www.ufei.org/. For Urban Forestry see http://www.coolcommunities.org, http://wcufre.ucdavis.edu and http://www.Igc.org/bookstore/energy/downloads/siv treeguidelines pdf. • 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), lighting, appliances, and heating and cooling systems. See http://www.energystar.gov/ Programmable thermostats for all heating and cooling systems Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at http://www.aqmd.gov/prdas/brochures/oaintguide.html High-albedo(reflecting)roofing material. See http://eetd,Ibl.gov/coolroof/ Cool Paving. "Heat islands"created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See http://www.harc.edu/harc/Projects/Cool Houston/ and http://eande.Ibl.gov/heatisland/ Radiant heat barrier. See http://www,eere.energy.gov/consumerinfo/refbriefs/bc7,html Features to promote energy self-sufficiency (solar water-heating systems, photovoltaic cells, solar thermal electricity systems, small wind turbines, etc.) Rebate and incentive programs are offered for alternative energy equipment. See http://www.dsireusa.org/, http://rredc,nrel.gov/, and http://ww,w.energy.ca.gov/renewables/ .."Ar.Braun June 26,2006 T-5567;R-06-35 Page 3 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.energV.gov/RE/solar passive.html Utilize daylighting (natural lighting)systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuiIdings.org Electrical outlets around the exterior of the unit(s)to encourage use of electric landscape maintenance equipment Natural gas fireplaces(instead of wood-burning fireplaces or heaters) Natural gas lines (if available to this area) in backyard or patio areas to encourage the use of gas barbecues Construct paths to connect the development to nearby bikeways or sidewalks. See http://www.vtpi.org/tdm/tdm85.htm and http://www.bicyclinginfo.org Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site More information can be found at http://www.ciwmb.ca.,qov/GreenBuildinq/, http://www.igc.org, http://vAvw.sustainable.doe.gov/,and http://vAn w.consumerenergycenter.org/index.html • Construction activity mitigation measures include: 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) Require that all diesel engines be shut off when not in use 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. 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 either myself,or Mr.Dave Mitchell,Planning Manager,at(559)230-5800 and provide the reference number at the top of this letter. Sincerely, :� Chris J.Kala ian Air Quality S ecial' t Central Reg on c:file Pacific Gas and Electric Company July 101 2006 Corporate Real Estate 650"0"Street,Bay 23 South Valley Land Services Fresno,CA 93760 Cool Development Department Engineering Services Division ;i '✓' [ Land Division Section 2600 Fresno Street, Room 3043 JUL I Fresno,CA.93721-3604 Attn:Dave Braun �*'111175 I�iviSiur Dear Dave Braun, We have reviewed Tentative Tract Map No.5567., PG&E requests that a Public Utility Easement (PUE), ten feet (10') in width, be dedicated contiguous to all street(s)boundaries located within and along any portion of said Tract Map boundaries fronting any street(s) lying outside of said Tract Map. PG&E also requests that a PUE be incorporated within all private roads. PG&E may further require an easement from the property owner(s)over the newly created PUE's. The exact size and locations of the PUE's together with the need for an easement will be finalized on the final map review. PG&E's records show no gas or electric transmission facilities within the project boundary. Existing gas or electric facility relocations or protective measures necessitated by new street improvements (which are required as conditions of a development's final acceptance by the City of Fresno)will be at the expense of the developer. Thank you for the opportunity to review the plans of this Tentative Tract Map. If you have any questions,please contact me at 263-5167. Sincerely • G�%GJ lie Land Agent City of DATE: September 13,2006 REVISION TO: Dave Braun, Planner III Development Department,Planning Division THROUGH: Scott Mozier, P.E.,Traffic Engineering Manage Public Works Department,Engineering Division FROM: Louise Gilio,Traffic Planning Supervisor Public Works Department,Engineering Division SUBJECT: Public Works Conditions of Approval TT 5567,(Polk between Clinton and Shields) Generation Homes,Inc./Gary Giannetta The Public Works Department,Traffic Planning Section,has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No.78-522/88-229. Submit a Geometric Approval Drawing(GAD)to Traffic Engineering for review and approval,per the attached checklist,prior to final map. 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: Polk Avenue:Arterial 1. Dedicate 55'of property,from section line,for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards. 2. Construct concrete curb and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10'residential pattern. Construct a 6'residential sidewalk per Exhibit"D".A 2' dedication for a pedestrian easement is required. 3. Construct 20'of permanent paving within the limits of this subdivision. Page 1 of 4 C:\Louise\TRACT MAPS\T-5567 Revision POLK BTWN CLINTON&SHIELDS.doc 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to Polk Avenue from all lots within this subdivision. Interior Streets: Dedicate,design and construct all curb,gutter,sidewalk,(both sides),permanent paving,cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 50'and 54'streets. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. Specific Mitigation Requirements: 1. This tract will generate 13 a.m./17 p.m.peak hour trips;therefore,a Traffic Impact Study(TIS)is not required. 2. SeGte =00 fre�e�a+�r rb. 3. Relinquish direct vehicular access rights to a. the south property line of lot 1. 4. The intersection of: a. Polk and Harvard Avenues shall be limited to right-in and right-out turns. 5. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. This map is creating 2 dead ends if it goes prior to T- 5300. Traffic Signal Mitigation Impact Fee: This project shall pay its Traffic Signal Mitigation Impact Fee(TSMI Fee)at the time of building permit based on the trip generation rate(s)as set forth in the latest edition of the ITE Generation Manual. The fee amount is$414.69 per single family unit,(fee rate as shown in the Master Fee Schedule). UGM Requirements: This Map is in UGM major street zone E-4;therefore pay all applicable UGM fees. Polk Avenue:Arterial 1. Dedicate and construct(2)17'center section travel lanes and a raised concrete median island within the limits of this subdivision. Construct a raised concrete median with 250'left turn pockets at all major intersections. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. bra€€i�lr�as;k-Feesa This map was aGGepted for prg tnr F 1 A 7!1 F thn dak-e nh the Cress ��' �� rrc-a�9-G+ty 06-61;--xprn.s ng the r' fee fe 'GGal major trtreCtJ-te r+plementttl?r?gnol�- rib`nt��`�uRd N t.n�4 nliG of 2925 General Pla Th th F y v t�th U�� Page 2 of 4 CALouise\TRACT MAPS\T-5567 Revision POLK BT-WN CLINTON&SHIELDS.doc fee;ince-aCtuat- ric thot-are establish A her thn Fre C-4 Reem --ha h"II h �mr� .,,, e-pa+d-p+e�-te ism Ge-ef-bju'd{Rg pe TR{t" T. full �' GORG;tiGRSer the ne,W-fee-. i-.-T,+s4�4,ap4;,w;+herrn thth bGuRdary of the hwes4QuadT�r Street T aff'n ImpaGt Fees 7 Pay the 4 �IvCtron+��n n(APT)n dI her fhn es4el �,CgiOR �, `-Nom''`°E' er"Y 'K�92ReKd-18 �y-�„�,-acs-�,9pgl&Rf-FR a668rdanee-with the latent Refition of the Inqtiti to of Trance Grrag evrc IIT.r\r rrp Gene atfeR-(\/tan el and the Master 4nn Cnhnrl In of the("ter of 4rncnn ThoRt'Goate�er 3� 4ayro,rtet-Fee-}3..r-Acdvrrccegan.Daily Trip(APT) her the develop,,, nt�n aGGerdafl^n with the latest e.I4len of the instjtuRspor+at�T4„gin�eerrs� (ITE)Trrrp-GeReratien-MaRual and rhe nnantnr Gen C,.hn�,�f-P�" Th� a,`ed fen Pcnnr-pr:ete �ap59/1 rye nle family dwelling i nit., n�Tn nn,t e#rp#it of wad eR�Aglneerf g &eRstrustion Gity p^Ian Ghl@Gk-fees-aad Cty stfeet iRspeetfeR-fee"for the regwf ed imprevemeRtS frnm G'hnh'nrl the f@Ge of el t ide-Gurb-and—rJ-' beta+Rd-the-faGeef outs de Curb are el g 'efor Gredit and/er-4eiR4bur ��Rde4Lthis-fee pregraR Qosfs-fer-ut+lity-relesaton;utility RstaNaton,storm dran+ lets-sidewalks-,-traits; landssap Rg-beb Rd4he surL�and guff retro�I'gh n� �s gnats s glial Rteroonf eCt f C-GM-RfURiGatCeR#aet-KnaRagement are Ineligible-fer-credit-and/or-re mbursernent of tk}ese fees. Eligible GoRstruotieR Celts lio de fb,g<.ttef�ng-medan Curb,stamped Gan Ce-bawd bridg.", d Cressiag-imprevementn meery'an lIa dsGapiag,s gning and strip44g, Page 3 of 4 CALouise\TRACT MAPS\T-5567 Revision POLK 6TWN CLINTON&SHIELDS.doc City of m,-\\ -� DEPARTMENT OF PUBLIC UTILITIES July 6,2006 TO: Dave Braun,Planner III Planning and Development Department,Planning Division THROUGH: Robert Weakley,Chief of Operations-/,/" Department of Public Utilities,Solid Waste Division FROM: V Chris Weibert,Management Analyst I1 V Department of Public Utilities,Administration SUBJECT: TT 5567,Solid Waste Conditions of Approval Location: East side of North Polk Avenue between West Clinton and West Shields Avenues The Department of Public Utilities,Solid Waste Division,has completed a review of the Vesting Tentative Tract Map 5567 that was submitted by Gary G.Giannetta on behalf of Generation Homes,Inc. 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 5567 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 I 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. • Per Municipal Code,Section 9-405 Solid Waste,Recycling and Green Waste Regulations,Section 10,L No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12,Articles 2 and 3 of this Code,unless the container is screened from view from the street in accordance with that article of the Code. Page 1 oP2 Conditions OFApprovnl'rT5567.Doc Special Conditions: • Project phasing-all streets shall connect to one another or a temporary turnaround shall be provided. Turnaround shall be large enough to accommodate a solid waste vehicle with a turning radius of 44'. Turnaround shalt be kept clear of all vehicles on the solid waste service day. Page 2 of 2 Conditions Of Approval TT5567.Uoc City of lii' arana,M Ii Fire Department 450 M Street Randy R.Bruegman Fresno,California 93721-3083 '" Fire Chief 559-621-4000 FAX#559-498-4261 www.fresno.gov Date 6-27-06 TO Dave Braun,Planner III Development De/partment, Planner FROM: Mike Schmid t�� upervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No.5567 The Fire Department has completed a review of the Vesting Tentative Tract Map 5567 which was submitted by Gary Giannetta Engineering. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 3 miles of permanent and temporary Fire Station No. 16. This project is subject to city wide fire service fees. Provide residential hydrants and fire flows per Public Works standards with two sources of water. Access is not acceptable for lots 6-13 unless their structures are sprinklered or a second point of access is added. Note: Phasing of tract will require re-review for access requirements. Residential fire sprinklers: All houses require a minimum 1Yz"water service connection with minimum 1" water meter for fire sprinkler/domestic supply. All model homes shall be provided with approved fire sprinklers (13D) and with a minimum 1'/2"water service connection with minimum 1"water meter. All houses over 5,000 square feet shall be fully fire sprinklered (13R) and provided with a minimum 2"water service connection.