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Home My WebLink AboutT-5589 - Conditions of Approval - 12/20/2006 c"� ��, REPORT TO THE CITY COUNCIL AGENDA ITEM NO. rn �. COUNCIL MEETING August 15, 2006 APPROVED BY FROM: NICK P. YOVINO, Director Planning and Development Department DEPARTMENT DIRECT r, BY: DARRELL UNRUH, Planning Manager CITYMANAGER Planning Division SUBJECT: CONSIDERATION OF REZONE APPLI ION NO. R-06-22, AND ENVIRONMENTAL FINDING FOR ENVIRONMENTAL ASSESSMENT NO. R-06-22/C-06-36rr-5589 KEY RESULT AREA Customer Satisfaction RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental finding for Environmental Assessment No. R-06-22/C-06-36/T-5589, dated June 8, 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-06-22 which proposes to reclassify approximately 10.5 acres of property located on the southwest corner of North Salinas and West Browning (alignment) Avenues from the R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. EXECUTIVE SUMMARY Rezone Application No. R-06-22, filed by Spencer Enterprises, proposes to remove previously established conditions of zoning on approximately 10.5 net acres of property located on the southwest corner of West Browning (alignment) and North Salinas Avenues. The zone district would be changed from the R- 2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management). Tentative Tract Map No. 5589/UGM proposes to subdivide the subject property into an 81-lot single family residential subdivision. Conditional Use Permit Application No. C-06-36 proposes to allow the subdivision to be developed with reduced lot sizes and reduced front yard setbacks. On June 28, 2006, the Planning Commission took action to recommend approval of the rezone application and approved the related tract map and conditional use permit applications. The applications would bring the subject property into conformance with the Bullard Community Plan and the 2025 Fresno General Plan, which designate the property for medium high density residential planned land uses. This project is supported by staff. PROJECT INFORMATION PROJECT Request to remove previously established conditions of zoning on the project site which would facilitate an 81-lot single family residential subdivision to be developed at an overall density of 7.7 dwelling units per acre APPLICANT Spencer Enterprises (Engineer: Lars Andersen and Associates) REPORT TO THE CITY COUNCIL Rezone Application No. R-06-22 August 15, 2006 Page 2 LOCATION Southwest corner of West Browning (alignment) and North Salinas Avenues (Council District 2, Councilmember Calhoun) SITE SIZE 10.5 acres (net) LAND USE Existing - Vacant Proposed - Single Family Residential ZONING Existing - R-2/UGM/cz (Low Density Multiple Family Residential/ Urban Growth Management/conditions of zoning) Proposed - R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) PLAN DESIGNATION The proposed R-2/UGM zone district and the 81-lot single family AND CONSISTENCY residential subdivision are consistent with the 2025 Fresno General Plan and the Bullard Community Plan designation of the site for medium high density residential land use (10.38 to 18.15 units per acre) ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) dated June 8, 2006 PLAN COMMITTEE The Bullard Community Plan Citizens Advisory Committee reviewed RECOMMENDATION the project at their meeting on April 24, 2006 and unanimously recommended approval of the proposed project. STAFF Recommend approval of rezone application and approve the tentative RECOMMENDATION tract map and conditional use permit applications subject to compliance with the Conditions of Approval for T-5589 and C-06-36 dated June 28, 2006 PLANNING COMMISSION On June 28, 2006, the Planning Commission voted unanimously to RECOMMENDATION recommend approval of the rezone application BORDERING PROPERTY INFORMATION rmPlanned Land Use Existing Zoning Existing Land Use R-1/UGM North Medium Density Residential Single Family Residential/ Single Family Residential Urban Growth Management R-1/UGM South Medium Density Residential Single Family Residential/ Single Family Residential Urban Growth Management Medium Density Residential R-A/UGM Single Family Residential-Agricultural/ Vacant Urban Growth Management East Medium High Density R-2/UGM Residential Low Density Multiple Family Residential/ Single Family Residential Urban Growth Management R-A/UGM West Open Space-Ponding Basin Single Family Residential-Agricultural/ FMFCD Ponding Basin Urban Growth Management REPORT TO THE CITY COUNCIL Rezone Application No. R-06-22 August 15, 2006 Page 3 ENVIRONMENTAL FINDING The initial study prepared for Environmental Assessment No. R-06-22/T-5589/C-06-36 considered potential environmental impacts associated with the subject rezone, tentative tract map and conditional use permit request. The study indicates that the project, if approved, would conform to the medium high density residential planned 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 June 8, 2006, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published with no comments received to date. BACKGROUND / ANALYSIS The applicant, Spencer Enterprises, has filed Rezone Application No. R-06-22, Tentative Tract Map No. 5589/UGM and Conditional Use Permit Application No. C-06-36 for 10.5 net acres of property located on the southwest corner of West Browning (alignment) and North Salinas Avenues. Rezone Application No. R-06-22 proposes to remove previously established conditions of zoning on the subject property. The zone district would be changed from the R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management). Tentative Tract Map No. 5589/UGM proposes to subdivide the subject property into an 81-lot single family residential subdivision. Conditional Use Permit Application No. C-06-36 proposes to allow the subdivision to be developed with reduced lot sizes and reduced front yard setbacks. The project site is designated for medium high density residential use by the 2025 Fresno General Plan and Bullard Community Plan. According to the "Planned Land Use and Zone District Consistency Matrix" (Table 2) adopted with the 2025 Fresno General Plan (and applied within all community plans), the medium high density residential land use designation.for the project site allows for 10.38 to 18.15 dwelling units per acre. Fresno Municipal Code Section 12-403-B allows for a project to be developed at the next lowest planned density, which in this case would be the medium density residential planned land use designation. The medium density designation allows for 4.99 to 10.37 dwelling units per acre. The proposed subdivision density is 7.7 dwelling units per acre and is therefore consistent with the 2025 Fresno General Plan and the Bullard Community Plan. Surrounding land uses are characterized by single family residential uses to the east, north and south, vacant land to the east and a Fresno Metropolitan Flood Control District ponding basin. Bullard Community Plan Citizens Advisory Committee The Bullard Community Plan Citizens Advisory Committee reviewed the proposed project at its meeting on April 24, 2006. The committee unanimously recommended approval of the applications Fresno City Planning Commission This project was considered by the Fresno City Planning Commission at its meeting of June 28, 2006. After a full and complete hearing, the Planning Commission resolved to recommend approval of Rezone Application No. R-06-22 which requests the removal of previously established conditions of zoning on the project site. The zone district would be changed from the R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management). REPORT TO THE CITY COUNCIL Rezone Application No. R-06-22 August 15, 2006 Page 4 Conditions of Zoning Rezone Application No. R-06-22 was filed to remove conditions of zoning, which were established with the approval of Rezone Application No. R-91-54, on the project site. The four conditions of zoning are noted below in italics. The developer shall construct cul-de-sacs on Salinas Avenue at the project area's southeastern corner in a manner shown on Exhibit A [attached]. The northern cul-de-sac shall be designed to provide access to the project and properties on the east side of Salinas Avenue. Access across the cul-de-sac shall be restricted to emergency vehicle access only and shall be equipped with a device which restricts access to emergency vehicles only. This condition was required as a means to direct traffic from the proposed 182-unit multiple family residential development to the nearest major street, Figarden Drive, and away from the single family residential neighborhoods to the south. The current proposal with 81 single family residential dwelling units generates far less traffic than the proposal at the time the condition was required. Restricting the movement of traffic on Salinas Avenue is undesirable because it limits the connectivity of the various subdivisions in the area. Connectivity is important for improving the area's air quality as it encourages alternate modes of transportation, such as bicycling and walking, and limits the distance traveled for motorized vehicles. For these reasons, staff supports the deletion of this requirement. Density of the multiple family residences on the project area shall be limited to a total of 182 units. The current proposal is for a single family residential subdivision with 81 lots, which is approximately 45% of the allowable units. Therefore the project meets the condition and can be eliminated. Development of the project area shall proceed in substantial conformance with Exhibit A [attached]. Although the development of the project site is not proposed in conformance with Exhibit A, staff believes removing this condition of approval is appropriate. The current proposed project is a single family residential development, not a multiple family development. It is not possible to develop the site as shown on Exhibit A with single family residential lots and therefore, the condition can not be met and must be removed. Bullard Community Plan Policy No. 4.1.3-2 is mandatory for this project. Bullard Community Plan Policy No. 4.1.3-2 contains development standards for interface areas between properties planned for multiple family residential use and properties planned or zoned for single family residential use. Although the planned land use designation of the project site allows for multiple family residential uses, the proposal is for single family residential uses. Therefore, the application of any development standards for interface areas between multiple family and single family residential uses is not necessary. The conditions of zoning were required to ensure that the conceptual site plan that was submitted with the rezone application would be what was constructed on the site since there was no conditional use permit application filed with the project. The site plan for the project provided 182 units; the current subdivision map proposes only 81 units on the site. The removal of these conditions is appropriate at this time because there has been a tentative tract map and conditional use permit applications submitted and reviewed for the site. The proposed project meets all development standards of its zone district, of the Bullard Community Plan, and of the 2025 Fresno General Plan. REPORT TO THE CITY COUNCIL Rezone Application No. R-06-22 August 15, 2006 Page 5 Conditional Use Permit Application No. C-06-36 Conditional Use Permit Application No. C-06-36 was filed in conjunction with Vesting Tentative Tract Map No. 5589/UGM to allow the subdivision to be developed as a planned development with reduced lot sizes, reduced building setbacks, and 1 outlot for open space and landscaping. There are two access points to North Salinas Avenue and one access point to North Milburn Avenue from the subdivision. The subdivision is not proposed to be gated and the streets will be public. The R-2/UGM zone district does not specify a minimum lot area requirement for each lot within a planned development subdivision. However, the district does stipulate a population density requirement which specifies that there be not more than one dwelling unit for every 2,700 square feet of site area. The building setbacks on each lot have been modified to allow for minimum front yards of 15 feet. The rear and side yard setbacks will meet the requirements of the zone district as provided by the Fresno Municipal Code. Circulation Element Plan Policies and Major Street System Traffic Capacity The subdivision has access points to two existing local streets, North Salinas and North Milburn Avenues, but does not have any direct access to a major street. The Public Works Department Traffic Division has reviewed the proposed development and has determined that the streets relating to the site will be able to carry the quantity and kind of traffic generated subject to several improvements. These improvements include dedicating required right-of-way and constructing street paving within the limits of the tract map; installing curb, gutter, sidewalk; construction of an underground street lighting system; and relinquishment of access rights to North Salinas Avenue for all residential lots adjacent to this street frontage. These street improvements are outlined in more detail in the Tentative Tract Map No. 5589/UGM Conditions of Approval dated June 28, 2006. The Public Works Department staff has concluded that this project does not have significant adverse impacts upon the city's transportation system and that its nonsignificant impacts are mitigable through the city's standard Urban Growth Management (UGM) process and project requirements for this development as well as other development in the area. In concert with the other developments that are approved pursuant to the 2025 Fresno General Plan, the developer will be required to install improvements and to pay fees toward development of the major street system as outlined in the Public Facilities Element of the general plan and will be required to provide for the installation of traffic control measures (e.g., signals, stop lights, etc.) installed per UGM policies and ongoing traffic studies. Interior Streets, Required Sidewalks and Multi-purpose Trail The developer will be required to design and construct all street-related improvements as shown on Tentative Tract Map No. 5589/UGM Exhibit A, dated April 6, 2006 and the revised Exhibit A, dated June 19, 2006. All streets in the subdivision will be developed with interior local streets having a right-of-way width of 50 or 54 feet (except where there are median islands proposed) as permitted with Public Works Standards. Installation of sidewalks will be required on both sides of the streets throughout this portion of the subdivision. The Multi-Purpose Trails Plan Map (Exhibit 9) in the 2025 General Plan depicts a bicycle/pedestrian trail along North Salinas Avenue on the project site. The tentative tract map conditions of approval require that a minimum 6' wide sidewalk be built and bike lanes be striped on the street pavement. The developer will also be installing traffic calming measures throughout the subdivision to slow the travel of vehicles in the subdivision. State Department of Transportation (Caltrans) Caltrans submitted comments on the project on April 20, 2006. Caltrans staff determined that there would be 2 a.m. and p.m. peak hour trips to the Herndon/99 interchange and 5 a.m. and p.m. peak hour trips to the Herndon/99 interchange trips impacting State highway facilities. Applying the formula(s) accepted by REPORT TO THE CITY COUNCIL Rezone Application No. R-06-22 August 15, 2006 Page 6 the City and the State in the February 23, 2006 Caltrans/City of Fresno interim agreement, Caltrans determined that this project is responsible to pay $1,856.25 in State highway facilities fees. This fee has been imposed on this project as a condition of Vesting Tentative Tract Map No. 5589/UGM and Conditional Use Permit Application No. C-06-36. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Rezone Application No. R-06-22 is appropriate for the project site. Attachments: Vicinity Map Aerial Photograph of the site Vesting Tentative Tract Map No. 5589/UGM dated June 19, 2006 Rezone Application No. R-91-54 Exhibit A Letter from the California Department of Transportation (Caltrans) dated April 20, 2006 Environmental Assessment No. R-06-22/T-5589/C-06-36, Finding of Conformity to 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 8, 2006 Planning Commission Resolution Nos. 12516, 12517 and 12518 Ordinance Bill L4 .22ME BULLARD I.. M'4w- L E EGO " OSWEGO 3 i a ROBERTS^ �, kROBERTSa <` Ah A 4, ^ 4 � i G C , N v LEGEND Subject Property U.G.M.Area VICINITY 31AP PLANNING & DEVELOPMENT TENTATIVE MAP OF TRACT NO. 5589/UGM N DEPARTMENT REZONE APPLICATION NO. R-06-022w r A.P.N.: 509-020-01 From R-2/UGMlcz to R-2JUGM CONDITIONAL USE PERMIT NO. 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B-121 ORDINANCE NO. 2006-118 ti AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-06-22 has been filed by Spencer Enterprises, property owner, with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS,the Bullard Community Plan Citizens'Advisory Committee considered this application at its meetings on April 24, 2006, and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12,of the Fresno Municipal Code,the Planning Commission of the City of Fresno held a public hearing on the 28th day of June, 2006, to consider Rezone Application No. R-06-22 and related Environmental Assessment No. R-06-22/C-06-36/T- 5589, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district; and, WHEREAS, the Council of the City of Fresno, on the 15th day of August, 2006, received the recommendation of the Planning Commission. ftdo pud ` h s O" Ordinance Amending Official Zone Map Rezone Application No. R-06-22 Page 2 NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided,the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 8, 2006, prepared for Environmental Assessment No. R-06-22/C-06-36/T-5589. Accordingly, Environmental Assessment No. R-06-22/C-06- 361T-5589 is hereby approved. SECTION 2. The Council finds the requested R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district is consistent with the medium high density residential planned land use designation of the 2025 Fresno General Plan and the Bullard Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the County of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the existing R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Managemenbconditions of zoning) to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. From R-2/UGM/cz to R-2/UGM: Real property in the State of California, County of Fresno, City of Fresno, described as follows: Lots 970, 971 and 972 of Bullard Lands Irrigated Subdivision No. 6, according to the map thereof recorded in Book 8, Pages 25 and 26 of Plats, records of said County. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m.on the thirty-first day after its passage. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 15th day of August , 2006, by the following vote: Ayes: Calhoun, Dages, Sterling, Westerlund, Duncan Noes: Boyaj ian Absent: perea Abstain: None REBECCA E. KLISCH City Clerk 000 By §LAZ-4112&d APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney B Deputy Rezone Application No. R-06-22 Filed by Spencer Enterprises, property owner Assessor's Parcel No. 509-020-01 KAMaster Files-2006\Rezones\R-06-022-T-5589-C-06-36-Salinas-Browning—SAC\R-06-22 CC Ordinance Bill.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL JUNE 28,2006 VESTING TENTATIVE TRACT MAP NO. 5589/UGM CONDITIONAL USE PERMIT APPLICATION NO. C-06-36 SOUTHWEST CORNER OF NORTH SALINAS AND WEST BROWNING(ALIGNMENT) AVENUES 11 1 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. 5589/UGM entitled Exhibit A, dated April 6, 2006 and the revised Exhibit A dated June 19, 2006, the subdivider may prepare a Final Map in accordance with the approved tentative map. 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 Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 2 required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the 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. Pursuant to the Bullard Community Plan Boulevard Area Policy and the Fresno Municipal Code, the developer/owner shall provide a 10-foot pedestrian and landscape easement (and irrigation system) along the property lines of lots which back-onto or side-onto North Salinas Avenue. 11. Provide an 8' landscape and pedestrian easement for lots which side onto the access points from North Salinas Avenue for enhanced landscaping treatments at the entry points into the proposed subdivision. 12. 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. 13. The long term maintenance of the following items are the ultimate responsibility of the owner/developer. If approved by Council, the following features may be maintained by a Community Facilities District: maintenance of all landscaping and irrigation systems within the street and landscape easements, maintenance of all sidewalks and street Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 3 furniture, maintenance of all street lights, maintenance of all street trees, and maintenance and operating costs of police, fire, traffic control and recreation services as established by the Council of the City of Fresno. See attached letter from the Public Works Department dated May 8, 2006 for more information. 14. Construction plans for all features to be maintained by a CFD shall be included in the final map submission to the Planning and Development Department for processing. 15. Should the owner/developer choose to not be included within a CFD for the maintenance of the items listed in condition number 12 above, the property owner/developer shall privatize all common areas within the tentative map and provide for the maintenance of all of the above items by the property owners. 16. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. 17. Should the City Council not approve the annexation of any or all of the maintenance items listed in condition No. 12, above, then the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 18. 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. 19. On Exhibit A, dated June 19, 2006, Outlot A shall be used for landscaping and open space purposes. 20. Plant anti-graffiti landscaping adjacent to any exposed perimeter wall, whether the wall is on the subject property or an adjacent property, including along walls along proposed outlots. 21. Provide 10' minimum visibility triangle at all ingress/ingress locations and for reverse corner lots (Lot 56 as shown on revised Exhibit A, dated June 19, 2006). 22. Comply with memo from Public Works Department, dated May 8, 2006, regarding street requirements, buffer landscaping and maintenance requirements, median island landscaping requirements, outlots and trail requirements. Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 4 Multi-Purpose Trail 23. Exhibit 9 of the 2025 Fresno General Plan, "Multi-Purpose Trails Plan Map", depicts a bicycle/pedestrian trail on the project site, along Salinas Avenue. The developer/owner shall construct this trail as required by the Public Works and Planning and Development Departments. Building Setbacks 24. Building setbacks shall be in accordance with the R-2 zone district as shown on Exhibit "A" of Conditional Use Permit Application No. C-06-36 (which allows for reduced building setbacks) dated June 19, 2006 and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. 25. The building setback minimums are as follows: front yards of 15 feet, rear yards of 20 feet and side yards of 5 feet. Information 26. Vesting Tentative Tract Map No. 5589/UGM is subject to Planning Commission approval of related Conditional Use Permit Application No. C-06-36. 27. Vesting Tentative Tract Map No. 5589/UGM is subject to City Council approval of related Rezone Application No. R-06-22. 28. If Rezone Application No. R-06-22 is approved to remove conditions of zoning on the project site, a release of covenant must be completed for Document No. 94181088. 29. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school district's adopted schedule of fees. 30. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 31. 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. 32. 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. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 5 33. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 34. 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. 35. 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. 36. 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. 37. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 38. 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. Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 6 39. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). PARK SERVICE Urban Growth Management Requirements 40. The subdivider shall be required to pay the appropriate UGM Park Capital Fee at the time of Final Map approval. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of Section 12-4.509-C-3 of the FMC. FIRE SERVICE 41. This project is within two miles from City of Fresno Fire Station No. 14. 42. Provide residential hydrants on site and fire flows per Public Works Standards with two sources of water. 43. 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 4 '/z inch outlet shall face the access lane. 44. Two means of ingress/egress must be provided. This access must be maintained during all phases of development. Phasing of tract will require re-review for access requirements. 45. Access is acceptable on Exhibit A dated April 6, 2006. 46. For tracts with sprinklered houses: Fire sprinklered houses require a minimum 1.5" water service for fire sprinkler/domestic supply. Provisions must be made accordingly. (Note- model homes will require fire sprinklers after the implementation of the new fire sprinkler ordinance.) Urban Growth Management Requirements 47. 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 FMC. SOLID WASTE SERVICE 48. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 49. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 7 50. Per Municipal Code Section 9-405, Solid Waste, Recycling and Green Waste Regulations, 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 the articles of the Code. 51. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 52. No parking will be allowed in the West Dovewood Avenue cul-de-sac on the solid waste collection day. STREETS AND RIGHTS-OF-WAY 53. 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. 54. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 55. Provide curb ramps at all corners within the limits of the subdivision. 56. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Planning and Development Department for review and approval: street construction, signing, striping, traffic signal and streetlight, trail lighting, signing and striping. 57. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78- 522, 88-229. 58. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 59. 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. Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 8 60. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval per the attached checklist, prior to submittal of street plans. 61. 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. Frontage Improvement Requirements: Major Streets: Salinas Avenue: Local 62. Dedicate 30' of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. Existing right-of- way is shown incorrectly. Make corrections on the map indicate correct right-of-way. 63. Construct concrete curb and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Match at both ends of the map. Provide details and correctly identify on the site plan and the map. An additional pedestrian easement may be required. 64. Stripe bike lane on Salinas Avenue in accordance with Caltrans and City of Fresno standards. 65. West Side: Construct 20' of permanent paving (measured from face of curb) within the limits of this subdivision. 66. East Side (undeveloped portion): Construct 12' of permanent paving and construct a 6" A.C. dike. 67. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E- 9 for Local Streets. 68. Relinquish direct vehicular access rights to North Salinas Avenue from all lots within this subdivision. Interior Streets: 69. 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 (7') shall comply with Public Works API Standards for 50' and 54' streets and 10' for 60' streets. Provide transition in the return. 70. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 9 Specific Mitigation Requirements: 71. This tract will generate 64 a.m./ 87 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 72. Local street redesign is required to accommodate a 250' minimum radius. 73. Provide a knuckle at lots 70, 71 and 72. Provide lengths of all lot frontages. 74. Local street lengths exceeding 800' (Browning) shall be redesigned or provide an approved method of traffic calming prior to Planning Commission hearing. On-street parking will be restricted adjacent to median islands; curbs must be painted red and marked for no parking. 75. Provide a traffic circle at the intersection of Browning, Dovewood and Milburn. Identify on the map 1 week prior to Planning Commission hearing. 76. Match existing improvements along the Milburn alignment. Identify and dimension on the map. The existing right-of-way is 60 feet. Please verify if the existing sidewalk pattern is 10 or 12 feet. 77. Dedicate 62' of property and provide medians at the intersection of Salinas and Browning (7' residential pattern/20' travel lane/8' median/20' travel lane/7' pattern). Provide the cross-section on the map and identify required medians on the map prior to the Planning Commission hearing. No parking is allowed within the limits of the proposed median. 78. Relocate the southerly entrance a minimum of 160' from the center line of Corona. 79. Provide and identify on the map corner cut dedications at all returns with curb ramps. 80. Identify the 1' pedestrian easement on the map. 81. 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. 82. Browning Avenue (along the northern boundary): 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. 83. Revise site plan for Conditional Use Permit Application No. C-06-36 as indicated on Exhibits A-1, dated April 6, 2006 and A-2, dated June 19, 2006. Traffic Signal Mitigation Impact Fee 84. This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the generation rates as set forth in the latest edition of the ITE Generation Manual for single family residential developments. The fee amount is $414.69, per single family unit (fee rate as shown in the Master Fee Schedule). Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 10 UGM Requirements: 85. This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees. Traffic Impact Fee This map was accepted for processing after February 14, 2006, the date on which the Fresno City Council adopted Resolution No. 2006-61, expressing the City's intent to adopt a citywide impact fee for local regionally significant major streets and an impact fee based on quadrants for local major streets to implement the goals, objectives and policies of the 2025 Fresno General Plan. The map is therefore subject to the fee, in the actual amounts that are established by the Fresno City Council. Fees shall be paid prior to issuance of building permits. The following specific conditions shall apply under the new fee: 86. This map is within the boundary of the Northwest Quadrant for Street Traffic Impact Fees. 87. Pay the Regional Street Fee per Average Daily Trip (ADT) generated by the development in accordance with the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual and the Master Fee Schedule of the City of Fresno. The anticipated fee per single family dwelling unit is $1,279. 88. Pay the Northwest Quadrant Major Street fee per Average Daily Trip (ADT) generated by the development in accordance with the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual and the Master Fee Schedule of the City of Fresno. The anticipated fee per project ADT is $577.14, or $5771 per single family dwelling unit. 89. The cost of right-of-way, engineering, construction, city plan check fees and city street inspection fees for the required improvements from 5' behind the face of outside curb and 5' behind the outside curb are eligible for credit and/or reimbursement under this fee program. Costs for utility relocation, utility installation, storm drain inlets, sidewalks, trails, landscaping behind the curb and gutter, street lighting, traffic signals, signal interconnect/communication, developer administration costs and developer construction contract costs include curb, gutter, paving, median curb, stamped concrete median maintenance band, median landscaping, signing and striping. Street Names Change the following street name to reflect its proper spelling, direction or name: 90. Make the following changes to the street names: a. Street A to West Browning Avenue b. North Milburn Avenue (fronting onto lots 47-60) to West Dovewood Lane c. North Milburn Avenue (siding onto lots 45 and 46) to West Dovewood Lane d. Street E to West Wrenwood Lane e. West Corona Avenue to West Avalon Avenue f. Street D to North Katy Lane g. Street F to North Mitre Avenue Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 11 SANITARY SEWER SERVICE 91. Extend an 8-inch sanitary sewer main in North Salinas Avenue from north of West Avalon Avenue north to Street A (West Browning Avenue). 92. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot. 93. Separate sewer house branches shall be provided for each lot created. 94. Abandon all existing on-site private sanitary sewer systems in accordance with City standards. 95. All underground street utilities shall be installed prior to permanent street paving. 96. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 97. A preliminary sewer design layout plan shall be prepared by the developer's engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plan and profile improvement drawings for city review. 98. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 99. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted to the Department of Public Utilities for any proposed additions to the sanitary sewer system. Urban Growth Management Requirements 100. Payment of appropriate sewer connection charges at the time of Final Map approval subject to deferral to building permit issuance as appropriate. These payments include the following: Sewer Lateral Charge; Trunk Sewer Charge (Cornelia); and, Wastewater Facilities Charge (residential only). WATER SERVICE 101. Construct a 12-inch transmission grid water main (including installation of City fire hydrants) in North Salinas Avenue from North Tracy Avenue west connecting to the existing 12-inch water main in North Salinas Avenue. 102. Separate water services with meter boxes shall be provided to each lot created. 103. 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. Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 12 104. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 105. Seal and abandon existing on-site well(s) in accordance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by the California Department of Drinking Resources and City of Fresno standards. 106. Payment of appropriate water connection charges at the time of final map approval shall be required, subject to deferral to the time of building permit issuance as appropriate. FRESNO IRRIGATION DISTRICT (FID) 107. FID does not own, operate or maintain any facilities on the subject property. There is however, a private pipeline known as the H-4 No. 128 that traverses the west side of the subject property. FLOOD CONTROL AND DRAINAGE 108. 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 May 11, 2006. 109. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 110. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District dated April 26, 2006. PACIFIC GAS AND ELECTRIC 111. Comply with the attached letter, dated January 31, 2006, from Pacific Gas & Electric. FRESNO UNIFIED SCHOOL DISTRICT 112. Contact the Fresno Unified School District for their requirements and/or fees. CALTRANS 113. Prior to the approval of any Final Tract Map for this tentative tract map, the subdivider/developer shall pay its share of costs for improvements to interchanges affected by vehicular travel related to this subdivision as provided below. The following share of cost was derived by the California Department of Transportation (Caltrans) Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 13 Division 6 Office of Transportation Planning from its review of the Tract 5589 Traffic Impact Study pursuant to the February 23, 2006 agreement between the City of Fresno and Caltrans. • Subdivider/Developer shall pay $1,856.25 for improvements to the State Route 99 interchanges at Herndon and Shaw Avenues. RIGHT-OF-WAY ACQUISITION 114. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 115. 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. 116. 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. 117. 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. 118. 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. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 119. 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. 120. 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. DEVELOPMENT FEES AND CHARGES 121. This project is subject to the following fees and charges: Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 14 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/Hour FRESNO METROPOLITAN FLOOD CONTROL DIST. FEE/ RATE g. Metropolitan Flood Control District Fee * Contact FMFCD for new fees. SEWER CONNECTION CHARGES FEE RATE h. Lateral Sewer Charge► $0.10/sq. ft. (to 100' depth) i. Oversize Charge► $0.05/sq. ft. (to 100' depth) j. Trunk Sewer Charger $419/living unit Service Area: Cornelia k. Wastewater Facilities Charges. $2,119/living unit I. House Branch Sewer Charger N/A WATER CONNECTION CHARGES FEE RATE m. 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. n. Frontage Charge► $6.50/lineal foot o. Transmission Grid Main Charge► $643/gross acre (parcels 5 gross acres or more) p. Transmission Grid Main Bond Debt Service Charge► $243/gross acre (parcels 5 gross acres or more) q. UGM Water Supply Feer $356/gross acre Service Area: 137 Conditions of Approval Vesting Tentative Tract Map No. 5589/UGM Conditional Use Permit Application No. C-06-36 June 28, 2006 Page 15 r. Well Head Treatment Feel► $0/living unit Service Area: 201 s. Recharge Feev $0/living unit Service Area: 201 t. 1994 Bond Debt Service* $0/living unit Service Area: 201 DEVELOPMENT IMPACT FEE FEE RATE u. Fire Facilities Impact Fee - Citywide*** $539/living unit v. Park Facility Impact Fee - Citywide*** $3398/living unit w. *Quimby Parkland Dedication Feelw** $1120/living unit x. Police Facilities Impact Fee - Citywide*** $624/living unit y. Traffic Signal Charge* $414-69/living unit URBAN GROWTH MANAGEMENT FEE RATE z. Major Street Charge* $2798/adj. acre Service Area: C/D-2 aa. Major Street Bridge Charge* $94/adj. acre Service Area: C/D-2 bb. UGM Grade Separation Fee* N/A Service Area: cc. UGM Trunk Sewer Charge* N/A Service Area: dd. Street Acquisition/Construction Chargee N/A Notes: *This amount if paid is creditable against the Park Facility Impact Fee. ** Fee applicable to all maps accepted for filing after August 30, 2005 * Due at time of subdivision. * Due at time of development. ♦ Due at occupancy. Deferrable through Fee Deferral Covenant. KAMaster Files-2006\Rezones\R-06-022-T-5589-C-06-36-Salinas-Browning—SAC\T-5589-C-06-36 COA.doc City of rn ,q DEPARTMENT OF PUBLIC UTILITIES May 9, 2006 TO: Shelby Chamberlain, Planner III Development Department, Planning Divisioll THROUGH: Robert Weakley, Chief of Operation Department of Public Utilities, Solid Waste Division FROM: Chris Weibert, Management Analyst II P V Department of Public Utilities, Admini4tfation SUBJECT: TT 5589, Solid Waste Conditions of Approval Location: West side of North Salinas Avenue between North Corona Avenue and North Figarden Drive The Department of Public Utilities, Solid Waste Division has completed a review of the Tentative Tract Map 5589 that was submitted by Lars Andersen & Associates on behalf of Spencer Enterprises, 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: • The tract will be serviced as Single Family Residential properties with Basic Container Service. I 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. • 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 j� Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. Il on the collection day. • Per Municipal Code, Section 9-405 Solid Waste, Recycling and Green Waste Regulations, �( Section 10, I. No material container shall be stored in the front yard or side yard on a street as �r 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. Covenant Requirements: • Lot 85 on West Wrenwood Lane shall be required to placing the solid waste containers on the curbline of Outlot"B"directly west of Lot 85. J:\Conditions of Approval TT5589 Street Name Review TM-5589 4-12-06 Street Name Status Required Change Street'A' Chane West Browning Avenue North Milburn Avenue(fronting onto lots 47-60 Chane West Dovewood Lane North Milburn Avenue(siding onto lots 45 and 46 Chane West Dovewood Lane Street 'E' Chane West Wrenwood Lane West Corona Avenue Chane West Avalon Avenue North Milburn Avenue(siding onto lot Good Street'D' Chane North Katy Lane Street'F' Chane North Mitre Avenue North Salinas Avenue Good Fes! n1�_.+ . :�'^fi'"41. ,+.,.1- E• �' oFlRICES or '4 1 ""� �a : - s PHONE(559)233-7161 .. �. FAX(559)233-8227 2907 SOUTH MAPLE AVENUE ,_ — FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water April 11, 2006 APR 1 2406 Ms. Shelby Chamberlain City of Fresno Planning and Development Dept. 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 RE: TTM No. 5589, R-06-22 & C-06-36 APN: 509-020-01 N/E Salinas and Milburn Avenues H-4 No. 128 Pipeline (Private) Dear Ms. Chamberlain: FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. For informational purposes, a private pipeline known as the H-4 No. 128 traverses the west side of the subject property as shown on the enclosed map. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnson@fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I Agencies\City\TM5589 R-06-22 C-06-36 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO W Z+n LL 3 ♦ GQQ' v til✓♦ \\ p♦ � ti ♦ C4 O N ♦ N ma ♦ 7 t ♦ f� \ ♦ r ♦ O� JPS ♦ A ♦ III III 1 ♦ 1 C�7 W p ♦ W Z Q ♦ III�F 1 0 Z p Q' C o a o �1 m co N 2 1 0 z r = IL A N2lf18lIW U R' N O Z O F C7 O Z W K LL City of CimCd+\I Ill "=n 0:: % 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 4-14-06 TO Shelby Chamberlain, Planner III Development Department, Planner G FROM: Mike Schmidt, Supervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No. 5589 The Fire Department has completed a review of the Vesting Tentative Tract Map 5589 which was submitted by Lars Andersen & Associates. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 2 miles of Fire Station No. 14. This project is subject to city wide fire service fees. Provide residential hydrants and fire flows per Public Works standards with two sources of water. Access is acceptable as shown. Note: Phasing of tract will require re-review for access requirements. For tracts with sprinklered houses: Fire sprinklered houses* require a minimum 1'/2" water service for fire sprinkler/domestic supply. Provisions must be made accordingly. *Model homes will require fire sprinklers after the implementation of the new fire sprinkler ordinance. City of ff'RC0,-V:0;*4g,, DEPARTMENT OF PUBLIC UTILITIES Date: April 20, 2006 To: SHELBY CHAMBERLAIN, Planner III Planning and Development Department From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR T-5589/UGM, AND R-06-22 General Tentative Tract No. 5589/UGM and R-06-22 propose a 89-lot single-family residential planned development project with three outlots, rezoning from R-2/UGM/cz to the R-2/UGM zone district on 15.5 acres located on the west side of North Salinas Avenue between North Corona and North Figarden Drive and the Vacation of a portion of West Browning Avenue. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The following sewer improvements shall be required prior to providing City sewer service to the project: 1. Extension of the 8-inch sanitary sewer main in North Salinas Avenue from north of West Avalon Avenue north to Street"A". 2. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 3. Separate sewer house branches shall be provided for each lot created. 4. Abandon all existing on-site private sewer septic systems in accordance with City standards, specifications, and policies. 5. All underground street utilities shall be installed prior to permanent street paving. 6. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 7. A preliminary sewer design plan layout shall be prepared by the Developer's Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plan & profile improvement drawings for City review. 8. All public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications, and policies. 9. Engineered improvement plans prepared to City Standards by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Area: #18 3. Trunk Sewer Charge: Cornelia 4. Wastewater Facilities Charge (Residential Only) Water Requirements Comply with attached City of Fresno Water Division memo, dated April 11, 2006, for water requirements for Tentative Tract 5589. City of WATER DIVISION Date: April 11, 2006 To: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician Department of Public Utilities, Water Division From: MICHAEL CARBAJAL, Senior Engineering Technician Department of Public Utilities, Water Division Subject: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5589/UGM The following conditions are required to provide water service to the tract. 1. Construct a 12-inch transmission grid water main (including installation of City fire hydrants) in North Salinas Avenue from North Tracy Avenue west connecting to the existing 12-inch water main in North Salinas Avenue. 2. Separate water services with meter boxes shall be provided to each lot created. 3. 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. 4. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 5. 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. TAPROJMNEMCondibons of ApprovaA5589 041106.doc STATE OF CALIFORNIA—BlJSMSS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWA 7 N r FR rovemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE s P.O.BOX 12616 FRESNO,CA 93778-2616 _ PHONE (559)445-6666n C c�I��Ui�DD y p FAX (559)488-4088 C] Flee our ower! Be energy efficient! TTY (559)488-4066 ,IUN 2006 June 28, 2006 planning Division Dc.!Flo r -rt Dep"armient 2131-IGR/CEQA r,r �^. cD t.,., 6-FRE-99-28.4 C-06-036, R-06-022 & T-5589 SPENCER ENTERPRISES Mr. Nick Yovino City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Yovino: Caltrans has reviewed the staff report for tonight's Planning Commission regarding the proposed 86-lot single-family residential project proposed for the west side of North Salinas Avenue between North Corona and North Figarden Drive. We note that the project was conditioned to pay mitigation for its impacts to the State Highway System and that the staff report expresses this in a very clear and succinct manner. We wish to express our thanks to you and to Staff for the cooperation the City has demonstrated in implementing our"Interim Agreement." We look forward to working with you and Planning Staff on future projects. If you have any questions,please call me at(559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 C: Ms. Kathryn Phelan, City of Fresno Attorney's Office Mr. Darrell Unruh, City of Fresno Development Department Ms. Shelby Chamberlain, City of Fresno Development Department Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" APR.20.2006 11:35AM CAL TRANS PLANNING N0.924 P. 1i4 51AIz Qf cAT,mOgn0.—laUS{NFS$ 'PRANSPORTA TQN AtQ HOT ICTN+AGENCY ARNOLI)C HWAi�7TTiAr(:FA n�,.,,,,. DEPARTMENT OF TRANSPORTATION _ -- 1352 WEST OLIVE AVENUE P.O,BOX 12616 iL FRESNO,CA 93778-2616 PHONE (559)445-6666 fi7exyouFAX (559)488-4088 �P-R 2 0 Be enaa gy of nd TTY (559)48S-4066 April 20,2006 213 1-IGR/CEQA 6-FRE-99-28.4 C-06-036,R-06-022 &T-5589 SPENCER ENTERPRISES Ms. Shelby Chamberlain City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Ms. Chamberlain: Caltrans has reviewed the usepermit, rezone,map for the proposed 86-lot single-family residential . project proposed for the west side of North Salinas Avenue between North Corona and North Figarden Drive. Caltrans has the following comments: The project was not required to perform a traffic study. Caltrans utilized a traffic study from another residential development adjacent to this project to calculate a fair share. Caltrans and the City of Fresno recently entered into an"Interim Agreement"that provides guidance on calculating a fair share for development to,mitigate for its impacts to State facilities. Per that agreement, we have used the"City Formula"to calculate the fair share for this project(see attached spreadsheet). Based on past traffic studies and the trip generation from the ITE Trip Generation Handbook, Seventh Edition, Caltrans calculates this project's fair share to mitigate for cumulatively significant impacts to the SR 99 interchanges at Herndon and Shaw Avenues to be $1,856-25. The fair share for,impacts to the State Route 99/Shaw Avenue interchange is based on the costs of an interim project. While the mitigation requested is not a significant amount, our purpose in requesting a fair share is to mitigate for cumulative impacts. It is imperative that all development mitigate for individual impacts to reduce the cumulative impacts on State facilities. We cannot allow impacts to go unmitigated until we reach a point where operations on the facility are impaired. If cumulative impacts are not addressed on a case-by-case basis, we will eventually have a situation where a development will be proposed that will be the"last straw." The developer of this last project cannot be expected to mitigate for the cumulative impacts of all the previous development. Mitigating for cumulative impacts should be an ongoing process. The City should consider a transit alternative for this project. When combined with other approved developments in the area,there is sufficient residential development to support transit. Early planning could make such an alternative feasible. Caltrans recommends that this project be routed Caltrans improves mobility aeron California- APR.20.2006 11:35AM CAL TRANS PLANNING N0.924 P.2i4 Ms. Shelby Chamberlain April 20, 2006 Page 2 to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made apart of the permanent public record for this project and that a copy of our letter be included in any staff reports prepared during the public hearing process. This will provide the decision-making body atad the general public with a complete and accurate environmental evaluation for the project. If you have any questions,please call me at(559) 445.6666. Sincerely, O ROSES STITES Office of Transportation Planning District 6 Enclosures C: Ms Barbara Goodwin, Council of Fresno County Governments "Caltrans tmproyer mobifiry across California- APR.20.2006 11:35AM CAL TRANS PLANNING N0.924 -- P.3i4'" CVmOO (D fU') � ON ~ Q H to U-) C O Ill- Q a r U O W co Hloq- ul lC) O �-- �-. 1 F- F�-04 Q � -1 WW b4 F— 0.0 . r CL '7 z Oa w O� °- � 4 HHZ w F' XF- Z z w a LZ a U LLJ Z ct � U Q }. LLLLU � W � F- F- U) ~ � � � 0 �, g LULr � � p¢. 0. Ul- I- Q JR uj of a- LL u1 LU a ° OO LL 000 F- °, YYe0 0 CL � O Dww � uLLI ~i rrQ ¢ � LLIU OrlCLQ w 0 � LuwQ x = w w m a x /NWy /NWy rrm� r T Q r Y/ -: y L1..I..L co Lo c* a- UJ }_ F— Z � - QNr f.` N a Lu co LL LL o jL Z) Z) LL, Ln co W Cl L4 O d Z Z > O O O w 400- W O O D a: W � Z z 0 C9 z C� OZZ � Q o0 a zW cnoru q ZQ [LA.. � wzwWw Wwwco o ww00 W, � fr � - ILLL L)uj it LUa ovaz Lo in orf LLI Q 2 o o i W N N - z rl 2C9NN0 rl Q = NNLL O r = O 0 � irwF- � v) L.a � WHH �w F- t-- F- U Q2000 a n L- F—F- u rr rr rr n u n Q clsl If ri OF [L a LLL LLL tl Li. IL u- 0 >- APR-20.2006 11:35AM CAL TRANS PLANNING N0.924- -P.4i4 .' ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project,.will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride , facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the . Single Occupancy Vehicle(SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. D E P A R T M E N T O F P U B L I C W O R K S TO: Shelby Chamberlain,Planner III Planning Division FROM: Ann Lillie,Senior Engineering Technician (559.621.8690) DATE: May 8,2006 SUBJECT: Tentative Subdivision Map T-5589(Located west side of North Salinas Avenue between North Corona and Figarden Avenues) The Department of Public Works has reviewed the Vesting Tentative Subdivision Map proposed by Spencer Enterprises, Inc., on engineering plans prepared by Lars Andersen&Associates. Inc-dated Affil 6. 006 The Department of Public Works offers the following comments regarding the Street Tree, Buffer/Parkway and Median Island Landscape conditions. GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and for the dedication of planting and buffer landscaping easements. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME North Salinas Avenue Pistacia chinensis-Chinese Pistache 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60' of street frontage, or one tree per lot having street frontage, whichever is greater. a. Street tree inspection fees shall be collected for each 60' of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works "Standard Specifications." c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENT 1. The subdivider is required to provide long term maintenance f r the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Co munity Facilities District. Landscape and Irrigation plans are required and shall be submitted to he Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to maintain the bffer landscaping by annexing to the city's Community Facilities District. A. Landscaping shall comply with Landscape Buffer De elopment Standards approved by the City Council on October 2, 1990. Landscape and irrigation pl s shall comply with Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. B. Should the proposed landscape buffers and/or parkway trips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strif shall strive to mimic the existing as much as possible. C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easemen. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cove species approved by the Department of Public Works/Engineering Services Division. D. The water meter(s) serving the buffer landscaping shal be sized for the anticipated service flows. E. No private flags, signs or identification of any kind shall be permitted in the right-of-way, within the City -controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and m y not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed developmele project, applicants shall submit Plans t PublicWorks/Engineering vi how locafion and configurationf all median islands fronting the proposed Qroiect. 2. The Public Works Department will review and evaluate ex sting median island(s) for a determination of all required improvements prior to approval of Final Map. 3. Landscape and irrigation is required on all new constructio of median islands and shall be applied in accordance with the City of Fresno, Public Works Dep ent Standards& Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works epartment requires all proposed median islands to be constructed with 2 foot wide colored concrete strips, flush along curb edge, in a 12 inch by 12 inch brick red slate pattern. 4. Trees shall not be planted in sections which are less than eight (8) feet wide unless approved by the Public Works Department. Sections less than eight (8) feet shall be capped with concrete as an integral part of the off site improvements, whether the med an is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible fo the maintenance of any outlots if they are not included into the Community Facilities District(CFD). If the outlots are to be included into the CFD, the Department of Public Works will require approving landscape and irrigation plans to be submitted with landscape buffer plans prior to inclusion int the CFD. TRAIL REQUIREMENTS I 1. The trail shall be constructed in accordance with the "M er Trails Manual" and the Public Works Department standards. The subdivider is responsible for the trail construction. The subdivider is responsible for all landscape and irrigation improvements f r and within the trail. Construction plans shall be submitted and shall include landscaping and auto atic drip irrigation design. Trail cross- sections will be required with submittal of Street Plans an Landscaping/Irrigation Plans for review and approval.These plans shall be approved by the Dep ent of Public Works. Landscaping within the regional/multipurpose trail shall include large, medium d low-growing shrubs planted from 3 to 6 feet apart depending on variety, and trees spaced approx' ately 25 to 45 feet apart to provide 50% shade coverage onto the planting area and pathway. Land caping adjacent to walls or fences shall comply with "Landscaped Buffer Development Standards.' All planting areas shall be irrigated with an automatic system. City of �'I ft�9!%0 A k I DATE: May 11, 2006 TO: Shelby Chamberlain, Planner III Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manag r Public Works Works Department, Engineering Divisio FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Divisio SUBJECT: Public Works Conditions of Approval TT 5589/C-06-036, (Salinas near Figarden and Bullard) Spencer Enterprises, Inc. / Lars Andersen and ssociates, Inc. The Public Works Department, Traffic Planning Section, has ompleted its review and the following requirements are to be placed on this tentative map as a con 'tion of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdi ision. Underground all existing offsite overhead utilities with the limit of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/8 -229. Submit a Geometric Approval Drawing (GAD) to Traffic EnginE ering for review and approval, per the attached checklist, prior to submittal of street plans. Submit the following plans, as applicable, in a single package, to the Planning and Development - -Department for review and approval: Street Construction, Sign ng, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Frontage Improvement Requirements: Major Streets: Salinas Avenue: Local 1. Dedicate 30' of property, from center line, for public str et purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. Existing right of way is shown incorrectly. Make corrections on the map to indicate cu rent right of way. 2. Construct concrete curb, gutter and sidewalk to Public orks Standard P-5. The curb shall be constructed to a 10' residential pattern. Match at both nds of the map. Provide details and correctly identify on the site plan and the map. An addit onal pedestrian easement may be required. Page 1 of 4 C:\Louise\TRACT MAPS\T-5589 SALINAS NEAR FIGARDEN&BULLARD.doc 3. Bike and Pedestrian Trail/Path: Due to existing con itions, an offsite bike path and a striped bike lane will not be conditioned with this project. 4. West side: Construct 20' of permanent paving (meas red from face of curb) within the limits of this sub-division. East side: (undeveloped portion) construct 12' of p rmanent paving and construct a 6" A.C. dike. 5. Construct an underground street lighting system to P blic Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. 6. Relinquish direct vehicular access rights to Salinas A enue from all lots within this subdivision. Interior Streets: Dedicate, design and construct all curb, gutter, sidewalk, (bot sides), permanent paving, cul-de-sacs, easements and underground street lighting systems on all int nor local streets to Public Works Standards. Sidewalk patterns 7' shall comply with Public W rks API Standards for 50' and 54' streets and 10' for 60' streets. Provide transition in the return. Any temporary dead-end streets created by this subdivision s all be properly barricaded in accordance with the Public Works Standard P-44. Specific Mitigation Requirements: 1. This tract will generate 64 a.m./87 •m. peak hour trip therefore, a Traffic Impact Study (TIS) Is not required. 2. Local street redesign is required to accommodate a 2 ' minimum radius. 3. Provide a knuckle at lots 70, 71 and 72. Provide lengt s of all lot frontages. (L=40' min) 4. Local street lengths exceeding 800' shall be redesigne or provide an approved method of traffic calming prior to Planning Commission Hearing. (Brow ing) 5. Provide a traffic circle at the intersection of Browning, ovewood and Milburn. Identify on the map 1 week prior to Planning Commission Hearing 6. Match existing improvements along the Milburn alignm nt. Identify and dimension on the map. (existing 60' of R/W) (verify existing sidewalk patter 10' or 12'?) 7. Dedicate 62' of property and provide medians at the in ersection of Salinas and Browning (7' residential pattern - 20' travel lane-8' median - 20' trav l lane-7' residential pattern). Provide the cross section on the map and identify re uired medians on the map prior to the Planning Commission Hearing. No parking is allowed within the limits of the proposed median. 8. Relocate the southerly entrance a minimum of 160' fro the center line of Corona. Approximately lot 62. 9. Provide and identify on the map, corner cut dedication at all returns with curb ramps. 10. Identify the required 1' pedestrian easement on the ma . 11. The first order of work shall include a minimum of two oints of vehicular access to the major streets for any phase of this development. 12. Browning Avenue (along the northern boundary) A fea ibility study for all proposed vacations of existing public rights of way is required to be complete rior to the approval of the tentative map. Traffic Signal Mitigation Impact Fee: This project shall pay its Traffic Signal Mitigation Impact Fee (I SMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest ed tion of the ITE Generation Manual. The fee amount is $414.69 per single family unit, (fee rate as show i in the Master Fee Schedule). Page 2 of 4 CAI_ouise\TRACT MAMT-5589 SALINAS NEAR FIGARDEN&BULLARD.doc The intersection of Bullard and Cecelia shall be signaliz d to the City of Fresno Standards, complete with left turn phasing, actuation and signal pre-emption. his work is eligible for reimbursement and/or credit against Traffic Signal Mitigation Impact Fee . UGM Requirements: , This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees. r i i Page 3 of 4 C:\Louise\TRACT MAPS\T-5589 SALINAS NEAR FIGARDEN&BULLARD.doc CITY OF FRESNO PUBLIC WORKS DEPARTMENT GAD PLAN CHECK GUIDE & REQUIREMENTS LIST ❑ CALL OUT TRACT NUMBER ON GAD ❑ LANE CONFIGURATIONS MATCH CONDITIONS OF APPROVAL ❑ TURN POCKET LENGTHS ARE CALLED OUT AND CORRESPOND TO QUEUE LENGTHS IN TRAFFIC IMPACT STUDY ❑ EXISTING AND PROPOSED CURBS AND MEDIAN ISLANDS RE CLEARLY SHOWN ❑ PERTINENT FEATURES SUCH AS EXISTING PARCELS, RAILROADS, FID CANALS ❑ CONFORMS TO EXISTING CONDITIONS AT PROJECT LIMITS ❑ EXISTING LANE WIDTHS ARE CALLED OUT AT CONFORM AREAS ❑ GAD SHOWS PROPOSED WIDTH OF STREET R/W, CURB-TO-CURB DISTANCE, ALL TRAFFIC LANES, BIKE LANES, PARKING LANES AND MEDIAN ISLANDS ❑ GAD CALLS OUT TRANSITION LENGTHS AND TAPERS EXPRESSED AS TRANSITION LENGTH PER OFFSET WIDTH (I.E. 50:1 TAPER WOULD BE A 600' TRANSITION FOR A 12' OFFSET) ❑ ALL CURVE DATA IS CALLED OUT. WHERE CURVES ARE CONCENTRIC, ONLY THE C/L OR CURB LINE NEEDS TO BE CALLED OUT. ❑ THE C/L IS MATHEMATICALLY DEFINED WITH HORIZONTAL CONTROL IN CASES WHERE THE C/L DOES NOT FOLLOW THE SECTION LINE ❑ BEARINGS AND DISTANCES ARE PROVIDED WHERE THE /L OF CONSTRUCTION (NEW C/L OR SECTION LINE) IS NOT PARALLEL TO THE PROPOSED R/W, OR WHERE THE TWO SIDES OF A DIVIDED ROADWAY ARE NOT PARALLEL. ❑ SHOW TRUCK TURNING TEMPLATES FOR ALL DUAL LEFT OR DUAL RIGHT TURNS AND ROUNDABOUTS ❑ CROSSWALK LAYOUTS MEET CITY STANDARDS (4' FROM FACE OF CURB AT RAMP, 10'WIDE, NO DOGLEGS, MEDIAN NOSES CLEAR OF CROSSWALK) ❑ PLANS INCLUDE PROJECT REFERENCE INFORMATION (Ste Plan No., C.U.P. No., Rezone No., Parcel Map No. or C.I.P. No. (PW ID, Fund, Org, KRA), NORTH ARROW, CALE, TITLE BLOCK, OWNER'S NAME, ENGINEER PREPARED BY) ❑ FOR PROJECTS INCLUDING SIGNIFICANT VERTICAL GRA E CHANGES INCORPORATING MULTIPLE GRADE BREAKS OR VERTICAL CURVES, THE GAD SHOULD INCLUDE A PROPOSED MAJOR STREET C/L PROFILE (NOT NECESSARY FOR TYPICAL ROUTINE PROJECTS) Page 4 of 4 C:\Louise\TRACT MAPS\T-5589 SALINAS NEAR FIGARDEN&BULLARD.doc File No.210.45 FRESNO METROPOLITAN FLOOD CO TROL DISTRICT NOTICE OF REQUIREME TS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager SPENCER ENT RPRISES Planning & Development Department 4974 E. CLINT N AVE., SUITE 200 City of Fresno FRESNO, CA 9 727 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5589 PRELIMINARY EE(S) (See below) DRAINAG AREA(S) " EF of " - " DRAINAGE A A " EF " $56,634.00 DATE S, �1QG, DRAINAGE A A - it - TOTAL FEE $56,634.00 The proposed development will generate storm runoff w ich produces potentially significant environmental impacts and which must be properly disch ged and mitigated pursuant to the California Environmental Quality Act and the National E vironmental Policy Act. The O District in cooperation with the City and County has deve oped and adopted the Storm Drainage and Flood Control Master Plan. Compliance w th and implementation of this Master Plan by this development project will satisfy the d ainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursu t to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at t e time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or t e timing or form of fee payment: a) Fees related to undeveloped or phased portions f the project may be deferrable. b) Fees may be calculated based on the actual perc ntage of runoff if different than that typical for the zone district under which the dev lopment is being undertaken and if permanent provisions are made to assure that th site remains in that configuration. c) Master Plan storm drainage facilities may be co structed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Ian drainage system facilities is credited against the drainage fee obligation. 5589 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3 92 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREM NTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 4-2 C. The grading and drainage patterns sh wn on the site plan conform to the adopted Storm Drainage and Flood C ntrol Master Plan. 2. The proposed development shall construct and/or dedica a Storm Drainage and Flood Control Master Plan facilities located within the development or ecessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown o i Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitte 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 P an Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. I 5. The proposed development: Appears to be located within a 100 yearflood rone area as designated on the latest Flood Insurance Rate Maps available to the Di trict, necessating appropriate floodplain management action. (See attached loodplain Policy.) 5589 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood p one area. 6. The Federal Clean Water Act and the State General Pe its for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, an i discharges associated with industrial activity not otherwise exempt from National Pollutant D scharge Elimination System (NPDES) 04 permitting, to implement controls to reduce pollutants, p ohibit 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 constru tion. a. Z State General Permit for Storm Water Dischar es Associated with Construction Activities, approved August 1999, (modified ecember 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 ac a (or less than one acre if part of a larger common plan of development or sale). Permit ees are required to: submit a Notice of Intent to be covered and must pay a permit fee o the State Water Resources Control Board(State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industriZ�ggememn it: anufacturing; trucking; recycling; and waste and hazardous waste t. Specific exemptions exist for manufacturing activities which occur entirely ' doors. Permittees are required to: submit a Notice of Intent to be covered and mu t pay a permit fee to the State Water Resources Control Board, develop and implem nt a storm water pollution prevention plan, eliminate non-storm water discharges, co duct 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. 5599 5469 E.OLIVE - FRESNO,CA 93727 - (559)456- 292 - 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 n, Project Engineer: Ric y s District Engineer C: LARS ANDERSEN & ASSOCIATES 4630 W. JACQUELYN AVE., SUITE 119 FRESNO, CA 93722 5599 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: -� THIS DRAWING IS SCHEMATIC, / - - - - - DISTANCES ARE APPROXIMATE. I I R BERT AVE. / co 7 / s0 NO' / BASIN„EF.,15. / / q � / / / LEGEND ® Storm Drainage Easement Location 15”Wide Mowstrip To Be Constructed By Developer Master Plan Facilities To Be Constructed By Developer- Pipeline(Size Shown)&Inlet. ❑--- --fl Existing Master Plan Facilities Direction Of Drainage —————— Inlet Boundary SCALE 1"=200' TRACT 5589 CUP 2006-036 DRAINAGE AREA: "EF" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT OM M BY:MM DATE: Q4= Kiwoa�ON166BEbMYRUlIACT'81SSYY.Grp REVISED BY: — DATE — OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. The proposed development is located in an area with risk of floodwater impoundment against the Herndon Canal. A minimum finish floor elevation of 303.50 (USGS Datum) is required. There are existing thirty-foot(30')and twenty-five foot(25')storm drain easements as shown on the attached sketch. No encroachments into the easements shall be permitted including,but not limited to,foundations,roof overhangs,swimming pools,and trees. Developer may request abandonment of portions of the existing thirty-foot(30')easement that are no longer necessary for District purposes. No surface run-off shall be directed towards the District basin. The District recommends a single fence between the site and the District's basin. The Developer should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than the existing chain link fence is proposed, District review and approval of the proposed fence is required. The District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of grades at our mutual property line prior to preparing a grading plan. Development No. Tract 5589 en gr\permit\exh ib it2\tract\5 5 89(rl) File No.210.413 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager SPENCER ENTERPRISES Planning& Development Department 4974 E. CLINTON AVE., SUITE 200 Z City of Fresno FRESNO, CA 93727 2600 Fresno Street - Fresno, CA 93721 PROJECT NO. 2006-036 PRELIMINARY FEE(S) (See below) DRAINAG�AREA " EF IT - DRAINAGE AREA " EF $56,634.00 DATE C, (l&'(' DRAINAGE AREA - - APN 509-020-01 TOTAL FEE $56,634.00 ADDRESS 0 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 O in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to Z 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 07 based on the site plan submitted to Z the District on 04/07/06 Contact FMFCD for a revised fee in cases where changes are made in-the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: O 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. 2oo6-036 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 44 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) 2006-036 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. rM 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. z a. O State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered 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 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. 2006-036 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E. Lakeman, Project Engineer: Rick y ns District Engineer C: LARS ANDERSEN & ASSOCIATES 4630 W.JACQUELYN AVE., SUITE 119 FRESNO, CA 93722 2006-036 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: --� TIM DRAWING IS SCHEMATIC, / I — — — — — DISTANCES ARE APPROM"TE. R B RT JE. Q / / 25' y r BASIN V // "EF" 30' r / / / ----------- ----- --- ------ / \ LEGEND Storm Drainage Easement Location - ® 15"Wide Mowstdp To Be Constructed By Developer Master Plan Facilities To Be Constructed By Developer- Pipeline(Size Shown)&Inlet o------@ Existing Master Plan Facilities Direction Of Drainage —————— Inlet Boundary SCALE 1"=2001 TRACT 5589 CUP 2006-036 DRAINAGE AREA:"EF" EXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT 0MV M er;MM aye 444= KYWo4iOWC99El0UBlfl'Ii4GTS1S5l9.u'9 MUD or. — DATE OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City or District. The proposed development is located in an area with risk of floodwater impoundment against the Herndon Canal. A minimum finish floor elevation of 303.50 (USGS Datum) is required. There are existing thirty-foot(30')and twenty-five foot(25')storm drain easements as shown on the attached sketch. No encroachments into the easements shall be permitted including,but not limited to,foundations,roof overhangs,swimming pools,and trees. Developer may request abandonment of portions of the existing thirty-foot(30')easement that are no longer necessary for District purposes. No surface run-off shall be directed towards the District basin. The District recommends a single fence between the site and the District's basin. The Developer should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than the existing chain link fence is proposed, District review and approval of the proposed fence is required. The District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of grades at our mutual property line prior to preparing a grading plan. Development No. CUP 2006-036 KAPerm its\Exh i b it2\C ity-cup\12006\2006-03 6.doc(rl) San Joaquin valley Air Pollution Control District April 26, 2006 Reference No. C20060857 City of Fresno - Attn: Shelby Chamberlain 2600 Fresno Street Fresno, CA 93721-3604 9 Subject: T-5589; R-06-22, C-06-36 (APN: 509-020-01) - Dear Ms. Chamberlain: 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, 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.orci/rules/lruieslist.htm. - Regulation VIII (Fugitive PM10 Prohibitions).- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demoiition activities, road construction, bulk materials storage, paved and unpaved roads, carryout and trackout, landfill operations, etc. If a residential project is 10.0 or more acres in area or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials on at least three days, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021. Construction activities shall not commence until the District has approved the Dust Control Plan. A compliance assistance bulletin has been enclosed for the applicant. The District's compliance assistance bulletin for construction sites can also be found at: http://www.vaIleyair.org/busind/com plv/PM 10/Reg%20VI I1%20CAB.pdf. A template of the District's Dust Control Plan is available at: http://www.valIeyair.org/busind/comply/PM 10/forms/DCP-Form%20-%2010-14-2004.pdf. Rule 3135 (Dust Control Plan Fee) This rule requires the applicant to submit a fee in addition to a Dust Control Plan. The purpose of this fee is to recover the District's cost for reviewing these plans and conducting compliance inspections. More information on the fee is available at: http://www.valleyair.orci/rules/currntruies/Rule%203135°/x201005.Pdf. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Ms. Chamberlain April 26, 2006 T-5589, R-06-22, C-06-36 Page 2 Rule 4103 (Open Burning) This rule regulates the use of open burning and specifies the types of materials that may be open burned. Agricultural material shall not be burned when the land use is converting from agriculture to non-agricultural purposes (e.g., commercial, industrial, institutional, or residential uses). Section 5.1 of this rule prohibits the burning of trees and other vegetative (non- agricultural) material whenever the land is being developed for non-agricultural purposes. In the event that the project applicant burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1, 2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2) dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.vallevair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. Rule 4902 (Residential Water Heaters) limits emission of NOx from residential developments. Rule 9510 (Indirect Source Review) This rule requires the applicants of certain development projects to submit an application to the District when applying for the development's last discretionary approval. The rule requires developers to mitigate emissions at the project site, to the extent feasible, and to pay a mitigation fee to the District for a percentage of the remaining emissions. The ISR rule becomes effective March 1, 2006. Projects that have not received a final discretionary approval by March 1, 2006 must submit an ISR application by March 31, 2006. 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 for incorporation into the project. • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved areas that will shade 50% of the area within 15 years. Also, large canopy shade trees should be planted adjacent to all sidewalks thirty foot on center and at a ratio of one tree for each five parking spaces. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.or-/ • 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, Ms. Chamberlain April 26, 2006 T-5589, R-06-22, C-06-36 Page 3 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 appopriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. • As many energy-conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E) - Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at http://www.aqmd.gov/business/brochures/zerovoc.html - High-albedo (reflecting) roofing material. See http://eetd.Ib1.gov/cooIroof/ - Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ - Install solar water-heating system(s) - Install photovoltaic cells - Programmable thermostat(s) for all heating and cooling systems - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines Natural gas fireplaces (instead of wood-burning fireplaces or heaters) — - - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - More information can be found at: http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergycenter.org/index.html, http://www.ciwmb.ca.gov/GreenBuilding/ • Construction equipment may be powered by diesel engines fueled by alternative diesel fuel blends or Ultra Low Sulfur Diesel (ULSD). The California Air Resources Board (CARB) has verified specific alternative diesel fuel blends for NOx and PM emission reduction. Only fuels that have been certified by CARB should be used. Information on biodiesel can be found on CARB's website at httg://www.arb.ca.gov/fuels/diesel/altdiesel/altdiesel.htm and the EPA's website at http://www.epa.gov/oms/models/biodsl.htm. The applicant should also use CARB certified alternative fueled engines in construction equipment where practicable. Alternative fueled equipment may be powered by Compressed Natural Gas (CNG), Liquid Propane Gas (LPG), electric motors, or other CARB certified off-road technologies. To find engines certified by the CARB, see their certification website httpi//www.arb.ca.gov/msprog/offroad/cert/cert.ohp. For more information on any of the technologies listed above, please contact Mr. Chris Acree, Senior Air Quality Specialist, at (559) 230- 5829. Ms. Chamberlain April 26, 2006 T-5589, R-06-22, C-06-36 Page 4 • Construction equipment may be used that meets the current off-road engine emission standard (as certified by the CARE), or be re-powered with an engine that meets this standard. Tier I, Tier II and Tier III engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the CARIB, see http://www.arb.ca.00v/msprog/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. Rule 9510 requires construction exhaust emissions to be reduced by 20 percent for NOx and 45 percent for PM10 when compared to the statewide fleet average or to pay an in lieu mitigation fee. For more information on heavy-duty engines, please contact Mr. Thomas Astone, Air Quality Specialist, at (559) 230-5800. • 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) - 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. 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. Sincerel Debbienson Air Quality Specialist Central Region - oixxt Enclosures c:Ble San Joaquin valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation VIII, Fugitive PM10 Prohibitions, of the District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earth moving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 2004. This is a basic summary of the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20% means dust that would obstruct an observer's view of an object by 20%. District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and holidays. This requirement also applies to inactive construction areas such as phased projects where disturbed land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover. Carryout and Trackout occur when materials from emptied or 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 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 % acre. • Spreading of daily landfill cover to preserve public health and safety and to comply with California Integrated Waste Management Board requirements. Nuisances are prohibited at all times because District Rule 4102 — Nuisance applies to all construction sources of fugitive dust, whether or not they are exempt from Regulation VIII. It is important to monitor dust- generating activities and implement appropriate dust control measures to limit the public's exposure to fugitive dust. For more information please contact the Compliance Division of the District office nearest to you. Information on Regulation VIII, where you may obtain copies of record keeping forms, the Dust Control Plan template, and the Construction Notification form, is available on the District's website at: www.valleyair.org x `Jl y r F G 3: ✓ � d Y 5h} �M ��ra?tiYW�J� A�r�k� �1 +a� �MYB.i � ! 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E L o v �, f0 0 = m vo .o m m 3 E E m c L a) a Yria• H y 7 3 m s 0 O ai c Q ac U) Y t O L li a) 8 c o 7 m a 3 o w L ? p O U p L � p Y U p p u) p U tp/l .L..� C � C f0 C U) .� 7 ., m c ate) 0 C c rn a 3 m 3 aa'i m 2 m °� m '° m a o 3 3 :j C s o O 2 U 3 y 0 a) F+ m — Q C d t y E O CO M +L L C T N 07 E 3 O p o lD w U d f0 L C Q) L L 7 _C N U N Y O (n d F .L-� 7 7 U L O S• O M U. E m c co io a 3 m qu� E 0 m no N C L C � an d L 3 0M MCU •. . m 47- c ~ - L 7 0. >Zn, In 2 Q L' C. 7 d a) `0 C r+ O C it 7 C. N a) N 7 0 •c� f0 D_ m O f0 rL., 7 7 L to ` a) .-. N C t'' �O a) C C 0 o C C L j N Q 0 •`) 00 C 3 lv a) N f0 4) .0 O. N 'U 4) 0 0 000 0 c c s in n w E ,� 0 " n E N r+ f0 0 a) N o 0. c C. m 7 N C 5 a) l0 ti O L /iT a) f0 C T f0 O T U _ C 7. 3 E tR O L L C co L p O a) .L a) m a) C m f�0 ca 0 0 m `m ai Y m 3 cn .J U ¢ = a d C a) 0 s > .+ y d °� v 3f0 7 LL7 °� January 31, 2006 COPY Spencer Enterprises, Inc. C/o Lars Andersen & Assoc. 4630 West Jacquelyn Avenue Ste. 119 Fresno, CA 93722 Attention: Art Lucas RE: Vesting Tentative Tract Map No. 5589 North Salinas and North Milburn Avenues —City of Fresno Our File: 1) Herndon-Barton 115KV Tower Line 2) Herndon Ashlan 230KV Tower Line Dear Mr. Lucas: As you know, Pacific Gas and Electric Company, (PG&E) owns an easement for two (2) electric transmission lines, referenced above, that crosses within your property/project's boundaries. It is PG&E's policy to permit certain uses within its electric transmission easements provided such uses, and manner in which they are exercised, will not interfere with PG&E's rights or endanger its facilities. Some examples that may be of interest to you are as follows: 1) Buildings and Other Structures: No buildings including the foot print and eave of the building, swimming pools, wells or similar structures will be permitted within easements. Note: The California Public Utility Commission 's bulletin, General Order 95, Overhead Electric tine Construction which provides required clearances between high voltage electric lines and structures, may impose additional restrictions outside of'PG&E's transmission easement. Proposed buildings on subdivision lots adjacent to the easement will require.P&E reidew to insure that the proper clearance is maintained. Therefore, we will strongly recommend Mat no two-story buildings be planned for construction on the lots that are adjacent to the edge of the easement which are more particularly described as lots 67,75,76 and 85 on said map. It is also important to note that PG&E maintains that the location of the easement is monumented by the existing steel towers and their projected centerlines on the property. The edge of the easement can be marked by measuring perpendicular to and 25 feet f-oin the centerline of the existing towers_%r both the northeasterly and south vvesterly boundary, lines prior to construction of the homes on these lots. PG&E survey crews are also available to stake the edges of the easement if so requested by the developer. 2) Grading: Cuts, trenches or excavations must not be made within 25 feet of our towers. Our engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-to-conductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure. 3) Fences: Heavy equipment access to our facilities is to be maintained at all times. Metal fences are to be grounded to PG&E specifications. No fence is to be installed within 10 feet of tower footings and open access must be maintained from a tower structure to the nearest street. Retaining or sound walls and property line fences proposed along or within the easement will require PG&E review. Masonry block sound walls proposed to be constructed within the easement area will require an encroachment agreement and special review by the California Public (,,'tilities Commission under 831 rules and regulations that can require tip to 12 months lead time prior to constniction. 4) Landscaping: Landscaping is allowed. On overhead electric transmission easements, trees and shrubs are limited to those varieties that do not exceed 15 feet in height at maturity. (Red wood trees are not permitted) Reasonable access to our facilities is to be maintained, including access by heavy equipment. Greenbelts are encouraged. S) Reservoirs, Sumps, Drainage Basins, Ponds: Allowed, provided reasonable access to facilities is maintained and ground clearances above the water surface are maintained. 6) Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. Heavy equipment access to our facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of our facilities from vehicular traffic is to be provided at developer's expense to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed. 7) Storage of Flammable, Explosive or Corrosive Materials: This is not allowed, including the storage of trash. No trash bins or incinerators allowed. 8) Streets and Roads: Access to facilities to be maintained. Facilities to be provided with Protection from traffic. Streetlights may be allowed in the easement, however, will be limited to .15 feet in height, but in all cases must be reviewed by PG&E for proper clearance. 9) Pipelines: Pipelines are allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems are allowed. Leach fields are not allowed. 10) Signs: Signs are not allowed except in rare cases subject to individual review by PG&E. 11) Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue pits are allowed, but require special PG&E review and approval. Pedestrian trails are allowed. 12) Construction Activity: Since construction activity will take place near PG&E's overhead electric lines, please be advised it is the contractor's responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety, as well as any other safety regulations. For more information regarding safety regulations, clearances, or other safety advice, PG&E's Electric Transmission Supervisor can be reached at (559) 263- 7100. Also the Supervisor must be informed 72 hours prior to any construction activity within PG&E's easement. PG&E encourages you to contact this office regarding specific uses as early as possible in the planning stages of any proposed construction within PG&E's easement. If you have any questions regarding this matter please call me at 559-263-5167. Sincerely, Kyle Patten Land Agent CITY OF FRESNO— ENVIRONMENTAL ASSESSMENT/ INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130 Pursuant to Section 21157.1 of the California Public Resource Code DATE 9fR-FILING: (California Environmental Quality Act) the project described below is ZQ� ,IU� _ determined to be within the scope of the Master Environmental Impact Report W a PN 4: 30 (MEIR) No. 10130 prepared for the 2025 Fresno General Plan CITY CLERx. FRESNO RESNO CA 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: Spencer Enterprises Shelby Chamberlain, Planner III 4974 East Clinton Avenue, Suite 200 June 8, 2006 Fresno, California 93727 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-06-22 Southwest corner of West Browning and North Vesting Tentative Tract Map No. 5589/UGM Salinas Avenues. (APN: 509-020-01) Conditional Use Permit Application No. C-06-36 Project Description: Rezone Application No. R-06-22 proposes to rezone the subject property from the R-2/UGM/cz (Low Density Multiple Family ResidentiallUrban Growth Management/conditions of zoning) zone district to the R-2/UGM (Low Density Multiple Family ResidentiallUrban Growth Management) zone district. The tract map and conditional use permit applications propose to subdivide the project site into an 85-lot single family residential planned development with reduced lot sizes and setbacks. The proposed map also has two outlots for landscaping and open space purposes. The property is within the jurisdiction of the Bullard Community Plan and the 2025 Fresno General Plan. Both plans designate the property for medium high density residential land uses; therefore, the rezone application is consistent with the planned land use designation_. The subject property is currently vacant and is surrounded by vacant property (some of which has been approved for single family residential development), single family residential development and a Fresno Metropolitan Flood Control District ponding basin. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The 2025 Fresno General Plan and Bullard Community Plan designate the subject parcel for medium high density residential planned land uses. The proposed R-2/UGM (Low Density Multiple Family ResidentiallUrban Growth Management) zone district for the subject property conforms to this medium high density residential planned land use designation. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed development 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 with residential uses at an intensity and scale (10.38 to 18.15 dwelling units per acre) that is permitted by the existing planned land use and proposed zoning designation for the site. Thus, the development of the site with an 85-lot single family residential subdivision 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 development will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. R-06-22/T-5589/C-06-36 Page 2 June 8, 2006 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 high density residential land use designation specified for the subject parcel. Based on this initial study, the proposed project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staffs finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). Darrel(Unr` Date Planning Manager, City of Fresno K:\Master Files-2006\Rezones\R-06-022-T-5589-C-06-36-Salinas-Browning—SAC\R-06-22-T-5589-C-06-36 Finding of Conformity.doc Attachments: Environmental Checklist/initial Study . forEnvironmental Assessment No. R-06-22/T-5589/ C-06-36 Mitigation Monitoring Checklist (MEIR No. 10130) for Environmental Assessment No. R-06-22/ T-5589/C-06-36 ENVIRONMENTAL ASSESSMENT (EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA No. R-06-22/T-5589/C-06-36 1.00 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features T. 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUILITY 1 11.7 . Availability of storm water drainage facilities(on or. 1 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous 3_0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste 1 3.4 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 13.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 _Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5_0 ANIMAL LIFE 1 14.1 Removal of historic building, disruption of 1 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat historic site 6_0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy .8.0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect "0" Insufficient Information residential areas 1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the potential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 1 9.1 Incompatibility with adopted plans and policies "1" No significant Environmental Effect 1 9.2 Acceleration of growth rate The proposed project will not have an adverse 1 9.3 Induces unplanned growth 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration. 1 10.1 Generation of vehicle traffic sufficient to cause capacity 692" Moderate Environmental Effect deficiencies on existing street system 1 10.2 Cumulative increase in trafficThe proposed project will havee an adverse environmental on a major street for which effect in this category, which n sufficient magnitude to l 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. LL x x W ; CD CD C140cc 00O Ci U a M u ca m. CLQ CL ^m o CL Z W U- U m c°'Cc c o �- CD c c Qa 0 cE nocE. � ocE J W Yua n. y � m a mac :- ca a m � o � m — ° ma o CD dW o �- m orm o (D c.) 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C m p CL Zm C( EmE FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12516 The Fresno City Planning Commission, at its regular meeting on June 28, 2006, adopted the following resolution relating to Rezone Application No. R-06-22. WHEREAS, Rezone Application No. R-06-22 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) EXISTING ZONING: R-2/UGM/cz(Low Density Multiple Family Residential/Urban Growth Managemenbconditions of zoning) APPLICANT: Spencer Enterprises LOCATION: Southwest corner of West Browning (alignment) and North Salinas Avenues APN: 509-020-01 LEGAL DESCRIPTION: From R-2/UGM/cz to R-2/UGM: Real property in the State of California, County of Fresno, City of Fresno, described as follows: Lots 970, 971 and 972 of Bullard Lands Irrigated Subdivision No. 6, according to the map thereof recorded in Book 8, Pages 25 and 26 of Plats, records of said County. WHEREAS, at that same hearing the Commission reviewed related Tentative Tract Map No. 5589/UGM and Conditional Use Permit Application No. C-06-36 requesting authorization to develop the subject property with an 81-lot single family residential subdivision; and, WHEREAS, on April 24, 2006, the Bullard Community Plan Citizens' Advisory Committee recommended approval of the rezone application; and, WHEREAS, the Fresno City Planning Commission on June 28, 2006, reviewed the subject rezone application in accordance with the policies of the Bullard Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the June 28, 2006, hearing,the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change; and, WHEREAS, some neighbors spoke in opposition to the project regarding their concerns about privacy and the type of fencing to be constructed along the boundaries of the project site. NOW,THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission finds there is no substantial evidence in the record that the proposed rezone application may have a significant effect on the environment as identified by the Finding of Conformity to Master Environmental Impact Report No. 10130 dated June 8,2006, prepared for Environmental Assessment No. R-06-22/C-06- 36/T-5589. i Planning Commission Resolution No. 12516 Rezone Application No. R-06-22 June 28, 2006 Page 2 BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Holt, seconded by Commissioner DiBuduo. VOTING: Ayes - Holt, DiBuduo, Torossian, Vasquez Noes - None Not Voting - None Absent- Cherry, Kissler, Vang r- DATED: June 28, 2006 NIC OVINO, Secretary Fresn ity Planning Commission Resolution No. 12516 Rezone Application No. R-06-22 Filed by Spencer Enterprises Action: Recommend Approval KAMaster Files-2006\Rezones\R-06-022-T-5589-C-06-36-Salinas-Browning—SAC\R-06-22 PC Reso 12427.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12517 The Fresno City Planning Commission at its regular meeting on June 28, 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. 5589/UGM was filed by Spencer Enterprises with the City of Fresno and proposes to subdivide the subject property into an 81-lot single family residential subdivision on approximately 10.5 acres (net) of land located on the southwest corner of North Salinas and West Browning (alignment) Avenues; and, WHEREAS,on April 24,2006,the Bullard Community Plan Citizens'Advisory Committee recommended approval of the tentative tract map 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 June 28,2006,as modified below; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on June 28, 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. 5589/UGM may have a significant effect on the environment as identified by the Finding of Conformity to Master Environmental Impact Report No. 10130 dated June 8, 2006, prepared for Environmental Assessment No. R-06-22/C-06-36/T-5589. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and the Bullard Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Tentative Tract Map No. 5589/UGM subject to the Planning and Development Department Conditions of Approval dated June 28, 2006 and subject to the following clarifications, modifications and additions to Page 1 text, Condition Nos. 1, 26, 27, 86, 87 and 88 of the Conditions of Approval pursuant to the Planning Commission action of November 16, 2005: Remove the word "vesting"from condition nos. 1, 26 and 27 as well as the title block and introductory paragraph on page 1 and the header on pages 2-15 of the Conditions of Approval. 86. Delete condition. 87. Delete condition. 88. Delete condition. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Holt, seconded by Commissioner DiBuduo. Planning Commission Resolution No. 12517 Tentative Tract Map No. 5589/UGM Page 2 June 28, 2006 VOTING: Ayes - Holt, DiBuduo, Torossian, Vasquez Noes - None Not Voting - None Absent - Cherry, Kissler, Vang DATED: June 28, 2006 NICK P. INO, Secretary Fresno Cit lanning Commission Resolution No. 12517 Tentative Tract Map No. 5589/UGM Filed by Spencer Enterprises Action: Approve with conditions as noted KAMaster Files-2006VRezoneslR-06-022-T-5589-C-06-36-Salinas-Browning—SAC\T-5589 PC Reso.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO.12518 The Fresno City Planning Commission at its regular meeting on June 28, 2006, adopted the following resolution relating to Conditional Use Permit Application No. C-06-36. CONDITIONAL USE REQUESTED Reduces the minimum lot area and front yard setback for the lots of Tentative Tract Map No. 5589/UGM from the required R- 2 zone district standard minimums. PROPERTY DESCRIPTION Southwest corner of West Browning (alignment) and North Salinas Avenues EXISTING ZONING R-2/UGM/cz (Low Density Multiple Family Residential/ Urban Growth Mana ementiconditions of zoning) PROPOSED ZONING R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) WHEREAS, the Bullard Community Plan Advisory Committee reviewed the application on April 24, 2006 and took action to approve the proposed project; and, WHEREAS, the Fresno City Planning Commission conducted a public hearing on June 28, 2006, to review the proposed conditional use permit and considered the staff report and invited testimony and reviewed the requested project in accordance with the policies of the Bullard Community Plan and the 2025 Fresno General Plan; and, WHEREAS, the Fresno City Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. NOW, THEREFORE, BE IT RESOLVED, the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Conditional Use Permit Application No. C-06-36 may have a significant effect on the environment as identified by the Finding of Conformity to Master Environmental Impact Report No. 10130 dated June 8, 2006, prepared for Environmental Assessment No. R-06-22/C-06-36/T-5589. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Conditional Use Permit Application No. C-06-36 subject to the Planning and Development Department Conditions of Approval dated June 28, 2006. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Holt, seconded by Commissioner DiBuduo. VOTING: Ayes - Holt, DiBuduo, Torossian, Vasquez Noes - None Not Voting - None Absent - Cherry, Kissler, Vang DATED: June 28, 2006 NICY VINO, Secretary Fresno Cit Planning Commission Resolution No. 12518 Conditional Use Permit Application No. C-06-36 Filed by Centex Homes Action: Approve with conditions as noted above K:\Master Files-2006\Rezones\R-06-022-T-5589-C-06-36-Salinas-Browning—SAC\C-06-36 PC Reso.doc Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Office ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY SECONDED BY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-06-22 has been filed by Spencer Enterprises, property owner, with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS,the Bullard Community Plan Citizens'Advisory Committee considered this application at its meetings on April 24, 2006, and recommended approval; and, WHEREAS, pursuant to the provisions of Article 4, Chapter 12,of the Fresno Municipal Code,the Planning Commission of the City of Fresno held a public hearing on the 28th day of June, 2006, to consider Rezone Application No. R-06-22 and related Environmental Assessment No. R-06-22/C-06-36/T- 5589, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district; and, WHEREAS, the Council of the City of Fresno, on the 15th day of August, 2006, received the recommendation of the Planning Commission. Ordinance Amending Official Zone Map Rezone Application No. R-06-22 Page 2 NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 8, 2006, prepared for Environmental Assessment No. R-06-22/C-06-36/T-5589. Accordingly, Environmental Assessment No. R-06-22/C-06- 36/T-5589 is hereby approved. SECTION 2. The Council finds the requested R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district is consistent with the medium high density residential planned land use designation of the 2025 Fresno General Plan and the Bullard Community Plan as specified in Section 12-403-B of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the County of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the existing R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth Management/conditions of zoning) to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district. From R-2/UGM/cz to R-2/UGM: Real property in the State of California, County of Fresno, City of Fresno, described as follows: Lots 970, 971 and 972 of Bullard Lands Irrigated Subdivision No. 6, according to the map thereof recorded in Book 8, Pages 25 and 26 of Plats, records of said County. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its passage. /1/ CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, California, at a regular meeting held on the day of , 2006, by the following vote: Ayes: Noes: Absent: Abstain: REBECCA E. KLISCH City Clerk By APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney B Deputy Rezone Application No. R-06-22 Filed by Spencer Enterprises, property owner Assessor's Parcel No. 509-020-01 KAMaster Files-2006\Rezones\R-06-022-T-5589-C-06-36-Salinas-Browning—SAC\R-06-22 CC Ordinance Bill.doc