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HomeMy WebLinkAboutT-5599 - Conditions of Approval - 2/21/2014 c Grj°' REPORT TO THE CITY COUNCIL AGENDA ITEM NO. 10:00 A.M. COUNCIL MEETING: 11/28/06 November 28, 2006 APPROVED BY FROM: NICK P. YOVINO, Director DEPARTMENT DIRECT +- Planning and Development Department BY: DARRELL UNRUH, Planning Manager(w CITY MANAGER Planning Division Y SUBJECT: CONSIDERATION OF APPEAL OF PLANNING COMMISSION DENIAL OF VESTING TENTATIVE TRACT MAP NO. 5599 KEY RESULT AREA One Fresno RECOMMENDATION Staff recommends the City Council take the following action: 1. APPROVE the environmental finding for Environmental Assessment No. T-5599, dated June 1, 2006, that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. APPROVE Vesting Tentative Tract Map No. 5599. EXECUTIVE SUMMARY Yamabe & Horn Engineering, Incorporated, on behalf of subdivider A-Mark Investments, L.L.C. and property owners A-Mark Investments and Jasbir Singh, has filed a vesting tentative tract map application for 14.71 acres of property planned for medium density residential use (4.99 to 10.37 dwelling units per acre) pursuant to the 2025 Fresno General Plan and the West Area Community Plan. This property consists of two parcels (APNs 311-280-13 and 311-280-14) located at 4726 and 4790 North Polk Avenue, on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues within the City of Fresno. This property was previously assigned R-1 (Single-Family Residential District) zoning and is not in the City's designated Urban Growth Management Area. Tentative Tract Map No. 5599 proposes to subdivide the property to create up to 61 single-family residential lots and a 1.73-acre remainder. The project includes installation of related urban service infrastructure, including major street pavement, gutter, and curb improvements across the North Polk Avenue frontage of the tract, its remainder, and abutting APN 311-280-04. The proposed subdivision would yield a residential density of 4.77 dwelling units per acre after dedication of major street right-of-way and subtraction of the remainder acreage. The proposed tract map is consistent with the 2025 Fresno General Plan, the West Area Community Plan, and the Highway City Neighborhood Specific Plan pursuant to Fresno Municipal Code Section 12-403-13.2.b(1), which allows for residential development within the next lower density residential planned land use category. On March 20, 2006, the West Area Citizens Advisory Committee voted to recommend denial of the tract map, due to street design issues. The applicant subsequently revised the map. On November 13, 2006, the Highway City Neighborhood Specific Plan Implementation Committee voted to recommend approval of the tract map. On October 4, 2006, the Fresno City Planning Commission voted 4-1 to deny this tract map application. The applicant has appealed this denial to the City Council. This application is supported by staff, subject to compliance with the conditions of approval as recommended. REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No, 5599 November 28, 2006 Page 2 KEY OBJECTIVE BALANCE Council action regarding this proposed land use application facilitates One Fresno through integration of this property into the urban fabric of the City through annexation and public facility improvements. It also optimizes three Key Objectives of Customer Satisfaction, Financial Management, and Employee Satisfaction. Action by the Council will result in deliverance of the review and processing of this project as expected by the applicant/customer. Prudent financial management is demonstrated by the completion of the applications pursuant to the processing fees paid by the applicant/customer; those fees, in turn, fund operations of the Planning and Development Department. Employee satisfaction is derived from the fact that staff members who have reviewed and made recommendations on these applications have done so in a thorough and professional manner, enhancing a sense of accomplishment in completion of the application review process. PROJECT INFORMATION PROJECT A single family residential subdivision with 61 lots and a 1.73-acre remainder, to be developed at an overall density of 4.77 dwelling units per acre. The tract map was accepted for processing on February 9, 2006, APPLICANT Yamabe & Horn Engineering, Inc., on behalf of subdivider A-Mark Investments, L.L.C. and property owners A-Mark Investments, L.L.C. and Jasbir Singh LOCATION 4726 & 4790 North Polk Avenue, on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues (APNs 311-280-13 and 311-280-14) (Council District 2, Councllmember Calhoun) SITE SIZE Approximately 147 gross acres (14.53 net acres after dedication of major street right-of-way for North Polk Avenue, and 12.8 net acres after subtraction of the remainder) LAND USE Existing - Vacant Proposed - Single family residential subdivision with up to 60 lots, one outlot and a remainder ZONING Existing - R-1 (Single Family Residential) The proposed single family residential subdivision is consistent with PLAN DESIGNATION the 2025 Fresno General Plan and West Area Community Plan AND CONSISTENCY designation of the site for medium density residential planned land uses, pursuant to Fresno Municipal Code (FMC) Section 12403-B.2.b(1) ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report(MEIR No. 10 130)dated June 1, 2006 REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 3 PLAN COMMITTEE The West Area Citizens Advisory Committee voted to recommend RECOMMENDATIONS denial of this project by a 4-0 vote on March 20, 2006, citing street design as their basis for denial. The Highway City Neighborhood Specific Plan Implementation Committee voted to recommend approval of this (redesigned) project by a 3-0 vote on November 13,2006 PLANNING The Fresno City Planning Commission voted 4-1 to deny the Finding of COMMISSION Conformity and the Vesting Tentative Tract Map application STAFF On September 20, 2006 the Planning Commission voted to RECOMMENDATION recommend denial, without prejudice, of the proposed Finding of Conformity and the vesting tentative tract map application by a vote of 4 to 1, with two Commission members absent BORDERING PROPERTY INFORMATION + PLANNED LAND USE EXISTING ZONING EXISTING LAND USE R-1 Single-Family Residential District Urban residential, NORTH Medium Density and Single-family homes Residential (Tract 2842)and R-2-A/cz Low-Density Multiple-Family Duplexes (SPR 6944) Residential Districticonditions of zoning R-11cz Single-Family Residential District/ conditions of zoning SOUTH Medium Density and Church facilities Residential R-111UGM/cz Single-Family Residential District, Urban Growth Management Areakonditions of zoning Office Commercial CP/cz Vacant land (approved for Administrative and Professional Office Sikh Cultural Center, CUP C- District/condilions of zoning 04-098) EAST and and and Medium High Density AE-5 Residential Exclusive Five-Acre Agricultural District Mobile home park Public Facility AE-5 Teague Elementary School, (Elementary School) Exclusive Five-Acre Agricultural District and Central Unified School and District administrative offices WEST and R-1IUGM and Medium Density Single-Family Residential District, Single-family homes Residential Urban Growth Management (Tract 4339) REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 4 ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from responsible and trustee agencies. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues, and considered pertinent previously prepared environmental and technical studies including the Master Environmental Impact Report (MEIR No. 10130) prepared for the 2025 Fresno General Plan and West Area Community Plan. These environmental and technical studies examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. Previous studies and an analysis of the proposed project indicate that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of the Master Environmental Impact Report No. 10130. Therefore, staff issued a proposed Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) for Environmental Assessment No. T-5599, dated June 1, 2006 which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was filed with the City Clerk's Office and noticed in the Fresno Bee on June 1, 2006, with no comments or appeals received. On September 20, 2006, the Fresno City Planning Commission voted to deny the proposed Finding of Conformity with MEIR No. 10130 because the proposed mitigation measures did not provide for widening the northbound (east) side of North Polk Avenue to two lanes on the entire segment between West Shaw and West Gettysburg Avenues. BACKGROUND / ANALYSIS This tract map application by Yamabe & Horn Engineering, Inc. on behalf of the owner/subdivider. The 14.7 acres comprising this tract map consists of two parcels, 4726 and 4790 North Polk Avenue (APNs. 311-280-13 and 311-280-14), which front onto North Polk Avenue with an intervening property that does not belong to the subdivider (APN 311-280-04). The proposed subdivision map would create an infill single-family residential subdivision of up to 61 residential lots and a 1.73 acre remainder for future development. The project site is within the City of Fresno's incorporated boundaries and is currently zoned R-1, Single Family Residential District, pursuant to a rezone application done many years ago. The proposed tract map would provide for infill urban development between a tract approved many years ago by Fresno County (Tract 2482) and a more contemporary subdivision approved by the City of Fresno (Tract 4339). Development of the subject property would leave only three intervening un- or under-developed parcels on the east side of North Polk Avenue between West Gettysburg and West Shaw Avenues. One of these parcels is already developed with a church and related facilities. Teague Elementary School and the current administrative offices of Central Unified School District lie across North Polk Avenue from the subject property. A mobile home park is located to the east, on land planned for medium-high density residential use. There are also public facilities proposed north and east of the subject property (the Sikh Cultural Center). REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 5 City staff routed over 45 copies of the proposed tract map to city departments, public utilities, and area public agencies, and invited these entities to two administrative Subdivision Review Committee meetings. The comments and requirements submitted to the city have been incorporated into tract .map conditions as appropriate. The Fresno County Department of Public Works and Planning noted that this project is within City limits and the County did not have any comments to submit. Notices of the Planning Commission public hearing regarding this vesting tentative tract map and rezoning were mailed to the school district and to all property owners having land located within a 400- foot radius of the tract map's boundaries. The Fresno Municipal Code requires only a 300-foot radius but this is intended to be extended when a major street would fall within the boundary for mailing notices; therefore, additional parcels were included by enlarging the mailing radius. These notices were mailed on Friday, June 9, 2006, using County Assessor's records of designated property tax bill recipients to obtain the mailing list. As of Friday, June 16, only two questions were received via telephone. One resident north of the proposed subdivision inquired as to the type and density residential development, and was reassured to hear that it would not be apartments or lots below 6,000 square feet. The pastor of the abutting Central Community Church inquired about street improvements for this tract as they may impact church property. The tract must develop in compliance with West Area Community Plan policies requiring major street landscaping, extension of urban infrastructure, and interface treatment for subdivision lots which abut rural residential parcels of 0.5 to 2.0 acres, inasmuch as these policies were in place at the time the vesting tentative tract map was verified and accepted for processing. General Plan policies regarding inter-connectivity will be implemented with local street extensions to the northeast and south, and Planning Commission policies about entry street treatments and walkabilityltraffic calming are also incorporated into tract map conditions. Land Use and Plan Consistency The 2025 Fresno General Plan and West Area Community Plan designate the subject property for medium density residential land uses (refer to attached land use map), which allows R-1 (Single Family District) zoning (2025 Fresno General Plan Table 2, Planned Land Use and Zone District Consistency Matrix). The proposed zoning is consistent with, and implements, the 2025 Fresno General Plan and the West Area Community Plan. The medium density residential land use designation is planned to yield 4.99 to-10.37 dwelling units per acre. With a density of 4.77 dwelling units per acre, the proposed tract map is not automatically consistent with this plan designation but may be held to be consistent through the application of Fresno Municipal Code Section 12.403-B-2.b(1). This provision allows a project to be held consistent if it yields a dwelling unit density that is within the next lower residential planned land use category as depicted within the Consistency Matrix. In the case of the subject property, the amount of land allocated to outlots for open space and utility uses (traversed by an electrical transmission line easement) would not allow a standard subdivision to meet medium-density criteria. West Area Citizen Advisory Committee This West Area Citizens Advisory Committee reviewed the tract map at its March 20, 2006 meeting. The Committee recommended denial of the project, with a notation that access issues were the problem (please refer to attached copy of the voting record and clarified voting record). REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 6 The applicant and the City have addressed access issues by requiring that the tract map complete the east side of Polk Avenue within, and adjacent to the subdivision and that local street connections be completed to North Barcus Avenue at the northeast and southwest portions of the subdivision map, and that an abutting parcel have frontage improvements on North State Street in the center portion of the map. West Acacia Avenue is also being required to have enhanced entry treatment, with a median island at its North Polk Avenue access. As noted previously, the tract is providing enhanced landscape easements to foster pedestrian use. Staff feels that these requirements, to be incorporated into the final corrected version of the subdivision map exhibit, would address access concerns which were raised by the West Area Committee during its review of the originally proposed map. Highway City Neighborhood Specific Plan Implementation Committee This project was presented to the Committee in the spring of 2006, but a quorum of members was not present. Those present had no objections or concerns with the project. On November 13, 2006, the revised tract map was presented to the Committee and was recommended for approval by a 3-0 vote (see attached voting record). Fresno City Planning Commission Action At the August 2, 2006 Planning Commission hearing, representatives for abutting property interests questioned the proposed tract map conditions for off-site improvements along the east side of North Polk Avenue, raising concerns regarding Polk Avenue traffic as it relates to Teague Elementary School located across the street. The Commission directed staff to obtain more information on current traffic volumes on Polk Avenue between West Shaw and West Gettysburg Avenues, and continued the tract map hearing until September 20, 2006. On September 20, 2006, staff returned with the requested information. The September, 2006 traffic counts were lower than those of March, 2005 and did not show a significant adverse impact on Level of Service of North Polk Avenue and which did not present a sufficient health and safety concern to require this project to improve any more of North Polk Avenue than was outlined in the Public Works Department Traffic Engineering memorandum dated July 25, 2006 (copy attached to proposed conditions of approval). Staff confirmed that the incomplete widening of Polk Avenue may cause some constriction and safety issues, but this was not sufficient to require this developer to widen more of Polk Avenue than required in the Public Works Department's July 25, 2006 memorandum. Staff also advised the Commission that Teague Elementary School property extends significantly into the planned right-of-way for North Polk Avenue, requiring a solution to be worked out between the City and Central Unified School District in order to provide two southbound lanes on North Polk Avenue across the school's frontage. Staff noted that the pending major street impact fees would help to resolve issues such as these, but those fees have not yet been adopted and had not been formally initiated by the City Council when this vesting tentative tract map application was accepted for processing. Representatives for abutting property interests reiterated concerns regarding North Polk Avenue traffic, then expressed concerns regarding the City's process for apportioning street construction costs (reimbursement) when a tract is required to make off-site improvements along major streets and focal roadways. The representatives also stated that there had been protracted negotiations with the owner of the subject property regarding a potential land exchange. The applicant's representative affirmed that efforts had been made to reconfigure the tract map through land exchange, but the negotiations had not been successful and the applicant had filed a REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 7 tract map for the land that he currently owned, and had minimized potential right-of-way needs from the abutting property to the maximum extent allowed by the Public Works Department. Staff noted that the abutting property owners could reduce their proportionate share of costs by voluntarily dedicating right-of-way for Polk Avenue and local streets, and by participating fully in any street improvements proposed for Vesting Tentative Tract 5599. After considerable further discussion, the Commissioners determined that they would not approve this tract map because (1) part of the east side of Polk Avenue south of the proposed subdivision would remain a two-lane street between West Shaw and West Gettysburg Avenues; (2) because the project had less than 4.99 dwelling units per density, as allowable under FMC Section 12-403-B.2.b(1); (3) because the West Area Citizens Advisory Committee had unanimously voted to recommend denial of the tract map in March 2006, and (4) because the project did not inr,orporate sufficient on-site open space. The Commission voted 4-1 to adopt Resolution No, 12574 (copy attached)to deny, without prejudice, the environmental finding and vesting tentative tract map application. The applicant appealed the Planning Commission's action within ten days of the September 20 hearing (see attached letter, dated September 25, 2006), then requested continuances to accommodate travel of the principals involved and legal consultation (attached letters, dated October 3 and October 20, 2006). Notices regarding the City Council appeal hearing were mailed to surrounding property owners and interested parties on November 17, 2006. Circulation Element Plan Policies and Major Street System Traffic Capacity When the City of Fresno Master Environmental Impact Report (MSIR) No. 10130 was certified by the City Council for the 2025 Fresno General Plan, a determination was made to require project- specific traffic assessments for projects that would generate 100 or more vehicle trips during weekday peak hours. Based on the number of single family residential lots, trip generation factors from the Institute of Traffic Engineers (ITE) Manual would indicate that the project's 61 lots will generate total of 584 average vehicle trips daily (ADT), of which 42 will be a.m. peak hour trips and 62 trips will occur during the p-m. peak hour. Thus a traffic impact study was not required pursuant to the provisions of MEIR No. 10130. North Polk Avenue is the major street abutting the subject property, and this arterial street will provide access to the proposed subdivision. Volume of traffic on North Polk Avenue decreases south of West Gettysburg Avenue: counts obtained in April of 2004 for the segment between West Gettysburg and West Ashlan Avenue show 3,111 southbound ADTs (northbound trips were not counted in 2004 for this segment). It is noted that, north of this project, Caltrans' proposes to construct a southbound exit for Freeway 99 that would terminate at the approximate current location of the Shaw]Polk intersection, This Caltrans project may re-align North Polk Avenue as it intersects with West Shaw Avenue. This subdivision is not in the designated Urban Growth Management (UGM) Area. Therefore, the ,developer of this tract is not required to construct major street center section improvements beyond 'the immediate vicinity of the tract's frontage on North Polk Avenue, nor to contribute to major street bridges. The segment of North Polk Avenue between West Shaw and West Gettysburg Avenues will carry the majority of the tract's future traffic. This segment of North Polk Avenue is currently operating at an acceptable Level of Service (LOS) as a two-lane undivided roadway. Appendix 8 of MEIR No. s REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 8 10130 (the traffic capacity analysis) indicates that this segment of North Polk Avenue will perform at LOS "C"with full buildout of the 2025 Fresno General Plan, The March, 2005 traffic counts for North Polk Avenue south of West Shaw Avenue showed 10,180 ADTs in both directions. Previous traffic counts done in 2001 for this segment of North Polk Avenue showed 4,706 northbound ADTs and 4,650 southbound ADTs. At the August 2nd Planning Commission hearing on this project, the Commission requested that staff conduct research and bring back findings to provide for the widening of the easterly (northbound) half North Polk Avenue south of the limits of this proposed tract. The City Attorney's Office also directed that staff should confer with the attorneys regarding the form of written findings for off-site improvements. The Commission hearing was continued to September 20'" to allow time for this work. The Public Works Department commissioned a 24-hour weekday traffic count on North Polk Avenue south of West Shaw Avenue (between West Gettysburg and West Shaw Avenue). The results of this bi-directional count done on September 14, 2006 revealed that this roadway segment experienced 6,954 trips_ This figure is somewhat lower than the trips counted in March of 2005. The Traffic Engineering Section has analyzed the data and has concluded that, at this point in time, findings cannot be made to require widening of Polk Avenue south of the project's boundaries based on traffic volume. The Public Works traffic engineers have concluded that the project did not generate sufficient vehicle trips to adversely affect the Level of Service on this segment of North Polk Avenue; and, while certain peak traffic hours may create some safety issues with regard to lane transitions and school operations, there is not a sufficient impact from this project's projected vehicle trips to require this project to solely provide for full-width improvements on North Polk Avenue south of the tract. The Public Works Department is requiring that this developer do a proportionate, incremental share of widening of North Polk Avenue: two northbound lanes and median island improvements along its frontage and along the frontage of an intervening Assessor's Parcel No. 312-280-04 The Public Works Department and the Planning and Development Department recommend full frontage improvements along the east (northbound) side of North Polk Avenue for the tract's remainder, to protect public safety by providing for two continuous northbound travel lanes, avoiding lane addition and loss transitions where traffic would have to merge in and out of single-lane stretches. In the July 25, 2006 revised memorandum from the Traffic Engineering Manager, the Public Works Department has made a health and safety finding for this full street frontage improvements on the remainder of this tract and on intervening APN 311-280-04, citing 2025 Fresno General Plan Policies and Fresno Municipal Code Section 11-226(f)(6) as the basis for requiring off-site major street improvements. Exhibit C attached to the Public Works memorandum of requirements would modify the City's arterial street standards along this parcel to provide enough right-of-way for two northbound lanes with a concrete median curb, an asphalt curb ("mountable dike") at the side edge of paving, and an asphalt walking path where there may not currently be any paved walking path or sidewalk. These improvements to the eastern half of Polk Avenue only require a modest amount of additional acquisition of right-of-way and paving beyond that required for lane transitions, Proportionate reimbursement for this full-width improvement of North Polk Avenue, any necessary additional right- of-way dedication, and full major street improvements (bike lane, concrete gutter and curb, sidewalk, and street lighting) will be provided on the east side of Polk Avenue when APN 311-280-04 is proposed for development.. REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No, 5599 November 28, 2006 Page 9 existing concrete irrigation pipeline there and an additional easement. Fresno Irrigation District aaready has an exclusive easement for the Teague School Ditch No. 46 pipeline, but will consider a shared easement when the District has the authority to restrict the types of improvements built on the easement and the types of landscaping installed (large trees may damage pipelines). These considerations have been addressed in the proposed tract map conditions of approval. Because APN 311-280-04 has existing direct access to North Polk Avenue, no masonry wall or "backup" landscaping is being required on it; however, any buildings on the parcel is to be provided with a circular or "hammerhead" driveway to allow vehicles to access North Polk Avenue without backing onto the major street. Similarly, the masonry wall and landscape "backup" treatment cannot yet be applied along the un-subdivided remainder portion of project property, since the future developed use of this remainder is not known and it does not currently have a noise-sensitive use established on it. There is already one transition on North Polk Avenue between Tract 2842 and Tract 4217 to the south, where drivers are expected to merge between one and two northbound lanes on this street segment. Since the developer of Vesting Tentative Tract 5599 is required to improve Polk Avenue to two northbound lanes along the tract lot, the tract remainder, plus embedded APN 311-280-04, the condition of one transition in this major street segment would be maintained: development of this tract would not add another transition. West Area Community Plan Objective W-2 and implementing Policy No. W-2-d generally direct that the City take actions to provide for major street improvements beyond the center two travel lanes: W-2. OBJECTIVE: Provide comprehensive mechanisms for funding and timely construction of needed public facilities including;, but not limited to, streets, sidewalks, drainage facilities (including curbs and gutters), sewer and water utilities, schools, fire stations, law enforcement substations, and parks. W-2-d. Policy: Consider modifying Urban Growth Management policies to increase obligations for off-site improvements and to establish fees for additional needed public improvements. The following are possible additions to UGM requirements and fees: • provision of additional major street travel lanes (beyond the currently required two center lanes) when projected traffic volumes or safety conditions warrant. However, both these plan policies direct that City-wide programmatic changes be made, through adoption of new ordinances and impact fee programs. When this vesting tentative tract map i application was verified and accepted for processing, there was no ordinance or impact fee program in place to require full-width widening of major streets. This subdivision map was accepted for processing prior to the earliest date that the City Council considered initiation of fee amendments to cover full width street improvements. Therefore, these street impact fees cannot be applied to this vesting tentative tract map, and have not been added as a condition of this tract map. Therefore, it has been staffs position that only the improvements deemed necessary by a health and safety finding can be allocated to this developer's share of responsibility. REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 10 The applicant may be willing to do additional widening of the east half of North Polk Avenue south of the tract, but would expect reimbursement of costs pursuant to City ordinances and policies in place regarding off-site street construction requirements. The project was accepted for processing after the City Council adopted of the traffic signalization fee to benefit all intersections on the City's priority list. The traffic signalization fee (currently $414.69 per single family home) is applied as a condition of this subdivision map, and this subdivision (in conjunction with other subdivisions in the area) is required to signalize the intersection of West Ashlan and North Polk Avenues. This signalization project is reimbursable under the traffic signalization fee program. In a letter dated June 16, 2006 (copy attached to tract map conditions), Central Unified School District indicates that students who live in this tract will be bused to existing and planned middle and high school sites (Teague Elementary School is within walking distance). There is insufficient project frontage on North Polk Avenue for this tract to construct a Central Unified School District grade-separated bus turnout (which is approximately 190 feet long). The school district is requesting that the developer construct the bus turnout on the frontage of Teague Elementary School across the street. Public Works and Planning and Development Departments do not support this proposed requirement, since there is no adopted provision of the Fresno Municipal Code or Public Works Standards which would substantiate making an off-site school bus turnout improvement on the opposite side of a major street or on property which an applicant does not own. In the "Findings" section of this report (pp 13 et seq. of this report), staff has substantiated the necessity for other off-site improvements, such as finishing a segment of North Barcus Avenue to the north of the proposed tract (with only partial reimbursement provided under the applicable Fresno Municipal Code section); and for either improving Barcus Avenue, or a drainage swale on the Barcus Avenue alignment, to the south, California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations submitted comments on this project requesting $6,589 in mitigation for the Shaw Avenue/Freeway 99 interchange (see copy of letter dated February 21, 2006, attached to the tract map conditions of approval). As noted above, Vesting Tentative Tract Map 5599 generates fewer than 100 peak hour trips and was not subject to a traffic study requirement. This project was accepted for processing on February 9, 2006, prior to the execution date of the Interim Agreement. Staff has considered Caltrans' comments and has determined that this project is not expected to cause additional significant or cumulatively significant impacts that were not identified in MEIR No, 10130. As noted previously, this project is expected to generate fewer than 100 peak hour trips and it does not involve any plan amendment or rezoning that would provide for a more intensive use of property than was evaluated for the 2025 Fresno General Plan's environmental analysis. The Council of Fresno County Governments, Caltrans, and local land use jurisdictions have been cooperating on a Freeway Deficiency Study intended to provide a regional framework for prioritizing state transportation improvements and a mitigation fee schedule that would be applied consistently to fund needed improvements. A tract map condition of approval has been proposed to require this tentative tract map to pay its proportionate share of any fees assessed when the Deficiency Study is completed. Alternatively, the developer could elect to pay the fees proposed in Caltrans' February 21, 2006 comment letter. This condition is predicated on the Deficiency Study being REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 11 completed, and a regional fee agreement being adopted by affected jurisdictions, prior to approval of a Final Tract Map. in its comment letter, Caltrans included its standard list of "Recommendations for Transit Alternatives." This tract does provide for continuity of non-motorized transportation, through both its pedestrian facilities and through widening of North Polk Avenue across the project's frontage and abutting APN 311-280-04, to eventually provide for a continuous bike lanes on major streets. Fresno Area Express (FAX) Route 9 traverses North Polk Avenue just to the north of this project, and FAX had no comments or requirements to submit on this the tract map application. With regard to suggested Alternative 1 listed in the Caltrans letter attachment, it is beyond the scope of most individual residential projects to provide "park and ride" facilities. This is true of the subject project, a small residential development sited on a parcel with size and dimension constraints. With regard to Caltrans',suggested Alternative 5, it is anticipated that the owners may make some arrangements for vanpool and carpooling, as their schedules and employment locations may make feasible, but this could only occur after the homes in this project are occupied; it is not possible for a subdivider to make these arrangements before homes are built. With regard to Alternative 6 listed in the Caltrans letter attachment, tentative tract maps and the lots they create pass through a succession of ownerships, making it infeasible to make any one party responsible for purchasing monthly transit passes for occupants of homes throughout the life of a subdivision. Vesting Tentative Tract Map Application No. T-5599 Lot Area, Lot Dimensions, and Setbacks The Fresno Municipal Code (the Zoning Ordinance) requires that all lots in the R-1 zone district be 6,000 square feet in size, have a minimum width of 60 feet, and have a minimum depth of 100 feet. Corner lots and lots backing onto a major street are required to have larger setbacks. All lots shown in Exhibit A, dated July 26, 2006, meet this requirement. Subdivision Design, Streets and Access Points Vesting Tentative Tract Map No. 5599 is proposed to have one vehicular access point to North Polk Avenue, with the aforementioned major street improvements for the remainder and abutting APN 311-280-04. Local street connections are required to be made to existing subdivisions to the north and south of the project site via extension of North Barcus Avenue to connect to existing local streets to the north, and to the south, of this subdivision to provide for vehicular and pedestrian access (this would also facilitate drainage patterns). At least two points of access must be improved prior to commencement of home construction in this tract. Local streets within Vesting Tentative Tract Map No. 5599 are required to incorporate "traffic calming," which would be accomplished by traffic circles in the local street intersections on West Acacia Avenue and which would also require an island at the major street entry point on West Acacia Avenue. (West Acacia Avenue will be a local street, pursuant to approved Plan Amendment No. A-03-11 which removed it from the General Plan Circulation Element map as a collector street.) At the August 2nd hearing, the applicant's representative requested that the City waive or modify the requirement for a wider entry street (West Acacia Avenue) with local street median island at North Polk Avenue, because it would necessitate acquisition of additional right-of-way from the owner of APN 311-280-04. A requirement to obtain and improve some of APN 311-280-04 for Acacia REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No, 5599 November 28,2006 Page 12 Avenue would be unavoidable with implementation of the City's Public Works traffic calming policies for entry streets. The West Acacia Avenue improvement standards in the Public Works Department's revised memorandum of requirements, dated July 25, 2006, has again been amended pursuant to a recent revision in this policy. For this tract, the Traffic Engineering Manager is now requiring a 30-foot wide street dedication on the north side of the street (with a residential sidewalk pattern 7 feet wide and an 18-foot travel lane); a 17-fool dedication on the south side of the street (which will require a narrow strip of land from abutting APN 311-280-04) to accommodate :a 12-foot travel lane and asphalt/concrete temporary dike in lieu of permanent concrete curb; and an 8-foot wide local entry street median island (refer to email dated September 18, 2006, attached to project conditions). Parking will be prohibited on both sides of the local entry street, with the tract developer required to furnish curb paint and/or "No Parking" signage. The Public Works Department is willing to defer further improvement of the westbound (south) half of West Acacia Avenue, including installation of the-full width travel lane and concrete curb/gutter/sidewalk, until development of APN 311-280-04 occurs. Should the Commission uphold the Public Works Department Traffic Engineering requirements for this tract, the map drawing (Exhibit A, dated July 25, 2006) would need to be through the Final Tract Map process. Maintenance of all concrete work and public landscaping related to North Polk Avenue will be required to be done by the Community Facilities District or a homeowners association, with an alternative for enhanced street construction (refer to the memorandum from Joe Paff of the Public Works Department, dated June 16, 2006, attached to the proposed tract map conditions and revised pursuant to current policy with regard to local street paving). Landscaping/Common Open Space The tract map will have a twenty-foot deep major street landscape easement with a solid masonry wall at the rear of the landscaping along North Polk Avenue (on the side yard of Lot 1). This masonry wall is subject to corner cutoff provisions at the West Acacia Avenue local street intersection and at its northerly end (where it abuts APN 312-440-02) for safe visibility, and its location will need to be outside of any Fresno Irrigation District pipeline (see following section on Surface Water Conveyance and Delivery). The Public Works Department has provided street tree and landscape requirements included in the proposed tract map conditions of approval. The types of trees and shrubs to be planted may be modified by Fresno Irrigation District where this landscape strip may lie atop an irrigation pipeline easement (see following section on Surface Water Conveyance and Delivery). The major street landscaping, masonry walls, and pedestrian easements on side yards of lots abutting local streets are required to be maintained by either a community facilities district or by a homeowner's association (refer to the above-noted memorandum from Joe Paff of the Public Works Department). The staff has also encouraged the applicant to include an outlot for on-site common open space purposes (a "pocket park") in accordance with the Planning Commission's desire for neighborhood open space features. In addition, this project has been conditioned upon, and revised, to include two local street connections to adjacent subdivisions which will also provide pedestrian connectivity between neighborhoods. These street connections would also allow the residents of existing adjacent neighborhoods to have convenient access to any open space amenities that might be provided within Tract 5599. However, these adjacent neighboring property owners would not be within the Community Facilities District and would not pay an assessment for maintenance and repairs of the open space facilities. It may be asserted that these circumstances could lead to conflicts regarding use of, and responsibility for, these open space features. Therefore, the applicant has chosen not to propose linear or pocket park open space features within this project. REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 13 These considerations, however, have not deterred numerous other project applicants from incorporating common open space features as desired by the Planning Commission. The project site and surrounding neighborhood does have access to existing or planned public open space which is relatively proximate to this area. This includes a city neighborhood park site at West Gettysburg and North Vista Avenues (abutting Teague Elementary School), within walking distance of this subdivision. Therefore, staff has conditioned this project on providing enhanced walking paths within the tract and extension of pedestrian access along North Polk Avenue up to the church property to the south, as an alternative for providing a pocket park open space feature. Public Services Fire Protection Services The project site is within the City of Fresno and will be served by Fire Station No. 16 without restrictions. City-wide fire service impact fees will be applied, as will City Fire Department standards (including residential sprinklers), ensured through all phases of plan review so that there will be an appropriate level of fire protection. Refer to the Fire Prevention Bureau memorandum, dated February 7, 2006, attached to project conditions. Water Resources and Public Water Supply The proposed project will be served by the City of Fresno's water system, which is entirely supplied by groundwater and treated groundwater west of Freeway 99. The aquifer in this area is productive and of generally acceptable quality. The Water Division of the Public Utilities Department has determined that there will be adequate water available to serve the project. It is required to be supplied by two sources of water, which will be accomplished through extension of 8-inch water mains in local streets . (Refer to the February 16, 2006 Department of Public Utilities memorandum attached to project conditions.) On-site water wells related to prior rural residential and agricultural uses are required to be properly abandoned. Sewage Collection System Capacity The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis Regional Wastewater Treatment and Reclamation Facility. In 1998, treatment capacity of this facility was expanded to accommodate up to 80 million gallons per day, and was upgraded with modernized equipment to safeguard against equipment failures. This project's wastewater will be accommodated by the Cornelia Trunk Sewer, which has sufficient capacity to accommodate new development. Sanitary sewer service is available to serve the site, conditions required by the Department of Public Utilities (refer to the April 19, 2006 Department of Public Utilities memorandum attached to project conditions). On-site septic systems are required to be properly abandoned. Solid Waste Collection and Recycling Service Tract map conditions have been proposed to facilitate waste collection vehicle routes, and conditions imposed on yards and fencing will allow for waste and recycling bins to be stored out of public view. (Refer to the March 6, 2006 Department of Public Utilities memorandum attached to project conditions.) REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 26, 2006 Page 14 Pacific Gas and Electric Company (PG&E) PG&E is requiring ten-foot wide public utility easements contiguous to all streets, with provision for .additional dedications as may be needed to install distribution facilities in the subdivision (this has been addressed in tract map conditions). No major power or gas transmission lines exist on this project site. Drainage and Flood Control Fresno Metropolitan Flood Control District (FMFCD) has notified the City of Fresno this project will be in Drainage Basin Service Area AH, but that a temporary on-site basin will be required until area- wide storm drain facilities are complete_ The City of Fresno has developed guidelines for construction and maintenance of temporary on-site ponding basins, which are referenced and incorporated into the tract map conditions of approval. The district requests that North Barcus Avenue be completed to cant' runoff to the other part of the drainage system constructed for Tract 4217 to the south. The proposed drainage fees for this project are$66,571 (an amount that is adjusted approximately annually by FMFCD). The FMFCD Notice of Requirements for Tract No. 5599, dated February 28, 2006, is attached to the proposed tract map conditions of approval. Surface Water Conveyance and Deliverx Fresno Irrigation District (FID) has notified the City of Fresno that it has irrigation pipeline facilities within, and adjacent to, the proposed project. This Teague School No. 46 pipeline facility will need to remain in place to deliver water for groundwater recharge to one or more ponding basins in the area. Portions of this pipeline will need to be upgraded in, and along North Polls Avenue, including a 30-inch pipeline culvert crossing North Polk Avenue at the northwest corner of the project site. FID requires that pipeline easements be depicted on the final tract map (which would require amending Exhibit A, dated July 26, 2006), and that these easements be relocated as may be necessitated by street widening or construction of other facilities. FID will have the right to review and approve all tract improvement plans which may affect land in, and abutting, its easements. (Refer to letter dated February 14, 2006, attached to proposed project conditions.) Central Unified School District The project site is served by the Central Unified School District, which has commented on the proposed subdivision (refer to the above-mentioned letter from the District, dated June 16, 2006, attached to the proposed project conditions). This project is located in an area which is beyond the walking distance of middle and high school students; therefore, those students will be bused. Central Unified School District has adopted development fees in accordance with current state law and currently levies a development fee based on square footage, which the developers of the project site will be required to pay prior to issuance of building permits. The District's request for sidewalks on both sides of the local streets will be accommodated by Tract 5599. School construction fees will be collected pursuant to Central Unified School District's adopted fee schedule, and the city's public improvement requirements reflect sidewalks on both sides of local tract streets as requested by the school district. The proposed project does not have sufficient frontage on North Polk Avenue to accommodate the District's standard bus stop design, which is approximately 195 feet in length. (As noted above, the existing direct access to North Polk Avenue for APN 311-280-04 is a property right that cannot be removed for major street improvements related to Tract 5599.) The Planning Division and Public Works Traffic Engineering staff do not support Central Unified School District's request for a grade- REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 15 separated school bus stop on the west side of North Polk Avenue along the North Polk Avenue frontage of Teague Elementary School property, because the Subdivision Map Act does not provide for imposing off-site improvements of this nature. This project will extend sidewalk and asphalt walking path along North Polk Avenue to facilitate students walking to a signalized crosswalk on North Polk Avenue. Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§ 66400, et seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Findings Nos. 2 through 5, below, is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). Based upon the plans and information submitted by the applicant and upon the proposed conditions of approval for Vesting Tentative Tract Map No. T-5599, staff has determined that the following required findings can be made for the proposed project: 1. The proposed subdivision map, together with its design and improvements, is consistent with the 2025 Fresno General Plan and West Area Community Plan designation of this site for medium density residential planned land use through application of Fresno Municipal Code Section 12-403-B.2.b(1). The applicant is providing landscape and sidewalk/walking path enhancements to facilitate pedestrian use, and street improvements to facilitate bike lanes, which will increase travel options and enhance aesthetics as directed by General Plan goals and policies. The project design meets the provisions of the General Plan and West Area community plan criteria for lot sizes and dimensions. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. The applicant will be required to improve the adjacent major streets, including installing curb gutter and sidewalks along the east side of North Polk Avenue from the northerly limit of the subdivision (where there have been existing urban improvements) to the southerly limit of the remainder, including two northbound travel lanes, curb, and gutter along the frontage of APN 311-280-04. a. Basis of Finding for requiring improvement of the frontage (second northbound travel lane and pedestrian improvements) on the remainder's North Polk Avenue frontage and the frontage of APN 311-280-04, which is not a part of the protect: As directed by the health and safety finding of the Public Works Department set forth in its memorandum of project requirements dated July 25, 2006, Polk Avenue frontage improvements across the tract (the side of Lot 1), the tract remainder, and APN 311-280-04 are necessitated because there is insufficient distance for safe transitions if frontage improvements were only required along the tract lot abutting North Polk Avenue, or alternating levels of frontage improvement on these three pieces or property. Requiring that all three parcel/remainder frontages be improved with a second travel lane and pedestrian facilities prevents potentially unsafe driver merging actions that could otherwise occur, should there be only one small portion of frontage improvements, or alternating levels of improvement across these three REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 2B, 2006 Page 16 frontages. Requiring pedestrian facilities as part of these frontage improvements will help protect pedestrians from higher vehicle speeds which may occur with two northbound travel lanes. Right-of-way acquisition and improvement costs related to improvements required on APN 311-280-04 is provided for via the lien and reimbursement process in Fresno Municipal Code Section 11-208(d)(1). b. Basis of Finding for requiring dedication and improvement of North Barcus Avenue from the northerly boundary of the tract to the existing pavement on West Santa Ana Avenue at the Barcus Avenue alignment: City of Fresno fire protection standards and subdivision policies require two all-weather points of access, meeting Public Works street improvement standards, for tracts. Two points of connection to City water mains, which are installed in streets, are also required for all tracts. The West Acacia Avenue connection to North Polk Avenue would provide only a single point of access for Tract 5599. A connection to West Santa Avenue in Tract 2842 to the north would provide a second point of vehicular access and utility connection (Tract 2842, itself, has two points of access). As part of developing Tract 2842, the westerly (southbound) half of North Barcus Avenue was dedicated as a "half street," but this half-street was not improved with pavement and pedestrian facilities. The developer of Tract 5599 is, therefore, required to obtain the dedication of the easterly (northbound) half of West Barcus Avenue (land that is part of the Sikh Cultural Center approved with Conditional Use Permit No. C-04-096), and is required to provide paving to City standards in order to provide a two-lane local street with safe all- weather access for fire engines and vehicles. Pedestrian improvements are required as part of City Public Works street standards, and provide for public safety by separating pedestrians from vehicular travel. Because Tract 2842 was developed in Fresno County and was approved by the County prior to annexation of the property to the City of Fresno, the City of Fresno cannot guarantee reimbursement of this half of street improvements costs. However, the right-of-way acquisition and improvement costs related to the easterly half of this segment of North Barcus Avenue may be provided via Fresno Municipal Code Section 12-226. C. Basis of Finding for requiring dedication and improvement of North Barcus Avenue, or a drainage swalelchannel acceptable to Fresno Metropolitan Flood Control District (FMFCD) and the City of Fresno, from the southerly boundary of the tract to the existing pavement on North Barcus Avenue in Tract 4217 (extending across the intervening easterly portion of APN 311-280-17 that is not a part of this project): By developing additional impervious area (roofs, street paving, driveways, etc.) on land that is currently a pervious vacant field, the developer of Tract 5599 will be increasing the volume and velocity of runoff from the developed land. FMFCD has advised the City of Fresno that there needs to be a developed street or other facility capable of channeling this runoff pursuant to its approved Master Plan for flood control and drainage facilities in the City of Fresno. This requirement is based on health and safety necessities: it will ensure that stormwater does not cause property damage or health effects from uncontrolled flooding, or from pooling of water outside of maintained facilities (where such unplanned and un-maintained pools would facilitate mosquito breeding). 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the area is not known to contain any unique or endangered species. The site has REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 17 historically been used for agricultural and rural residential purposes. During the 2025 Fresno General Plan update, the city analyzed the impacts of converting land into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing, employment opportunities, and public facilities and institutions to serve Fresno's growing population. 4. The proposed subdivision design and improvements are not likely to cause public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with health and safety standards through installation of public water and sewer utilities and proper abandonment of previously-existing private wells and septic systems. Public safety is further enhanced through appropriate roadway and pedestrian improvements on the subject property (including its remainder) and across the frontage of abutting APN 311-280-04 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with existing public easements, including the surface water conveyance and delivery facilities of Fresno Irrigation District. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. 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, the West Area Community Plan, Highway City Neighborhood Specific Plan, and City ordinances and policies in place at the time of verification and acceptance of the vesting tentative tract map application. The project has also been evaluated for 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 the project proposed by Vesting Tentative Tract Map No. 5599 is appropriate for the site, subject to the proposed conditions of approval and mitigation measures. Therefore, staff recommends that the Council approve the applicant's appeal of the Planning Commission's denial of Vesting Tentative Tract Map No 5599. Attachments: Vicinity Map 2005 Aerial Photograph of Site Map of planned land use designations in the project vicinity Exhibit A, Vesting Tentative Tract Map No. 5599/UGM revised exhibit,dated July 25, 2006 Project Review Record from the West Area Citizens Advisory Committee, dated March 20, 2006 Project review Record from the Highway City Neighborhood Specific Plan Implementation Committee, dated November 13, 2006 REPORT TO THE CITY COUNCIL Vesting Tentative Tract Map No. 5599 November 28, 2006 Page 18 Proposed tract map conditions of approval, dated November 28, 2006, with appended memoranda from City departments and comment letters from special districts Finding of Conformity with the 2025 Fresno General Plan MEIR No. 10130 prepared pursuant to Environmental Assessment No. R-05-070/T-5598, with a MEIR Mitigation Monitoring Checklist,dated April 13, 2006 Planning Commission Resolution No. 12574 , denying Vesting Tentative Tract Map Application No. 5599 and its proposed environmental finding without prejudice Letter from the applicant's representative, dated September 25, 2006, appealing the decision of the Planning Commission. Letters from the applicant's representative, dated October 3 and October 20, 2006, requesting continuances of the City Council hearing date on this matter Proposed Resolution for Vesting Tentative Tract Map No, 5599 KAMaster Files-Tract MapslTract 5599-Sandra 9roddT-5599 17 RCC-06-11.28.doc �. �, - r•�..`��� _ mow.` A lilt k�• - r � all I to r0 �* d i ii NMI t� w� I .Y { �-----^'-•-- .tea �.. �?.� —j- I' z!� 'I ev -IL 17 y jJlf f r' a. H = "q^ y'g� f 17rs5 ! Jt I iia ! •�`�n I � n - �? - - �=Yy `�. '. Cw ,=; y��— _S -.•-,Y _.i r--`r_:�1 I _ J f f .11l! � � - /•y,/' ,� � ,mac r�{{' � � 1 =,�_: �.p _ -` _ 11 , S _I•__ ; �''-� -�' � X111 JS ✓// 1•I� �Y � I 1 �R r• tIF, I♦}t �~ `3 �' �- - ,y u I �I __ �! IY �' ?� .1 y a• � City of L!'�c�L\■ �\lig WEST AREA COMMUNITY PLAN ADVISORY COMMITTEE PROJECT REVIEW - MARCH 20, 2006 Project Record PROJECT INFORMATION Vesting Tentative Tract Map No. 5599/UGM has been filed by Yamabe R Horn Engineering, Inc., and pertains to approximately 14.7 acres.located at 4790 North Polk Avenues, on the east side of North Polk Avenue between West Shaw and West Rialto Avenues. Vesting Tentative Tract Map No. 5599 proposes to subdivide the subject properties into a 61-lot single family residential subdivision and installation of related public facilities and infrastructure. COMMITTEE RECOMMENDATION ❑ APPROVE APPROVE WITH CONDITIONS -DENY ❑ NO ACTION BERGTHOLD 8ARRETT COX GINDER REISZ LANG MEIND RSEE DOWLING Approve N Deny Abstain Absent COMMITTEE CONDITIONS / COMMENTS Pas0.5 r, 1 . wo U Pott Staff Liaison: Date: 3' K:Wlaster Files-Plan Committees\W est ommittee\Project Review 3-20-06,doc City of JE \Ili WEST AREA COMMUNITY PLAN ADVISORY COMMITTEE PROJECT REVIEW - MARCH 20, 2006 Project Record PROJECT INFORMATION Vesting Tentative Tract Map No. 5599/UGM has been filed by Yamabe & Horn Engineering, Inc., and pertains to approximately 14.7 acres located at 4790 North Polk Avenues, on the east side of North Polk Avenue between West Shaw and West Rialto Avenues. Vesting Tentative Tract Map No. 5599 proposes to subdivide the subject properties into a 61-lot single family residential subdivision and installation of related public facilities and infrastructure. COMMITTEE RECOMMENDATION ❑ APPROVE ❑ APPROVE WITH CONDITIONS DENY ❑ NO ACTION BERGTHOLD BARRETT Cox GINDER REISZ LANG MEINDERSEE DOWLING Approve Deny f v Abstain Absent COMMITTEE CONDITIONS / COMMENTS Staff Liaison. Date: -/4�� KAMasier Files .Plan CommMeesMest Area ommitteeTroled Review 3-20-06.doc City of HIGHWAY CITY NEIGHBORHOOD SPECIFIC PLAN CITIZEN ADVISORY COMMITTEE PROJECT REVIEW - NOVEMBER 13, 2006 Project Record PROJECT INFORMATION Tentative Tract Map No. 5599 proposing a 60 lot single family subdivision. The property is located on the east side of North Polk Avenue south of West Shaw Avenue, (Staff member: Sandy Brock) APN: 311-280-13 & 14 Zoning: R-1 Address: COMMITTEE RECOMMENDATION APPROVE ❑ APPROVE WITH CONDITIONS ❑ DENY ❑ NO ACTION Tares Paererao Ctaassen Diredo Rivera Fanucchi Forestaere Zavala Foresoera Hannagan Mendoza A ug ie; hic:K Joe, soei lar n Vary `Jirg'v Approve ✓ ✓ ✓ Deny Absta;n Absent COMMITTEE CONDITIONS / COMMENTS S"taff'Liaison: Date: l • � K Waster Files-Plan CommitteesNHighway City Spec Plan Committee\3-05-347 Project Record.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12574 The Fresno City Planning Commission at its regular meeting on September 20, 2006, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, Vesting Tentative Tract Map No. 5599 was filed with the City of Fresno by Yamabe & Horn Engineering, Inc. on behalf of owner/subdivider A-Mark Investments L.L.C.and Jasbir Singh to subdivide the subject property (approximately 14.7 acres of land) located at 4726 and 4790 North Polk Avenue (Assessor's Parcels Numbers 311-280-13 and 311-280-14), on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues), hereinafter referred to as the "subject property;" and WHEREAS, the subject property is located in the City of Fresno's West Area Community Plan Area and Highway City Neighborhood Specific Plan Area, and is planned for medium-density residential use in the 2025 Fresno General Plan, the West Area Community Plan, and the Highway City Neighborhood Specific Plan; and WHEREAS the subject property is currently zoned R-1, Single Family Residential District, and, WHEREAS, the applicant seeks to divide the subject property into 61 single family residential lots with a 1.73-acre outlot at a density of 4.77 dwelling units per acre; and this project would include enhanced landscape and pedestrian easements along interior local streets and installation of related urban services and infrastructure; and WHEREAS, the West Area Community Plan Advisory Committee reviewed the application for Vesting Tentative Tract Map No. 5599 on March 20, 2006 and recommended denial of this application due to street design issues; and, WHEREAS, the applicant subsequently amended the originally proposed street design, in consultation with the Planning and Development Department and the Public Works Department Traffic Engineering Division; and WHEREAS, the Planning and Development Department conducted Environmental Assessment No. T-5599 for the requested vesting tentative tract map, and published a proposed Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130)forthis Environmental Assessment, dated June 1, 2006; with a list of mitigation measures applicable to development of this project; and WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the Planning Commission staff report dated September 20, 2006 and attached"Exhibit A,"revised tract map, dated July 25, 2006; and, WHEREAS,the Fresno City Planning Commission conducted a noticed public hearing on August 2, 2006, which was continued to September 20, 2006, to review the proposed subdivision,considered the staff reports including requested new information regarding current North Polk Avenue traffic counts, and invited testimony with respect to the proposed subdivision; and Planning Commission Resolution No. 12574 Vesting Tentative Tract Map No. T-5599 September 20, 2006 Page 2 WHEREAS, during the hearing, Planning and Public Works staff explained the proposed tract map conditions requiring full frontage improvements across the proposed remainder and across an intervening parcel which is not a part of the tract(Assessor's Parcel No. 311-280-04), proposed by the City in order to prevent excessive transitions between one and two northbound lanes; and WHEREAS, during the September 20, 2006 hearing, Planning staff related that traffic counts done on the Shaw-Gettysburg segment of North Polk Avenue revealed a current count of fewer than 10,000 Average Daily Trips (ADT); and WHEREAS, Public Works Department Traffic Engineering Division staff stated that bottlenecks and excessive transitions may affect safety, but that in this case existing information indicates that current traffic volume and the addition of vehicle trips from the proposed tract do not justify or warrant this project being fully responsible for widening the roadway to four lanes off-site; that the Public Works Department was still working on a major street impact fee program which would address full-width requirements as needed on a City-wide basis; and that Teague Elementary School property projects into the future right-of-way for southbound lanes of Polk Avenue; and WHEREAS, during the September 20, 2006 hearing, the representatives for owners of abutting property addressed the Commission with concerns relating to traffic on North Polk Avenue in the vicinity of Teague Elementary School, but also related concerns regarding off-site street improvements which may affect their property by requiring land for street improvements, including potential Polk Avenue improvements across Assessor's Parcel Numbers 311-280-05 and 311-280-17 south of the subject property and the City's lien process for ensuring proportionality of major street improvement requirements; and WHEREAS, during the hearing, the representatives for owners of abutting property also described confusion over the extent of their original land purchase and subsequent long-term negotiations for acquisition of land from the subject property in exchange for other land abutting the subject property; and WHEREAS, Planning staff advised the Commission that, after the verification process for a proposed tract map is complete, no land can be added to a proposed subdivision without re- processing of another tract map; and that owners of abutting property could avoid some lien costs associated with street frontage improvements by voluntarily dedicating right-of-wayfor public streets; and WHEREAS, Planning staff advised the Commission that vesting tentative tract maps are required to be processed under the regulations and impact fee programs in place at the time they are verified and accepted for processing, including City-wide Parks fees that would provide for improving the nearby City-owned, undeveloped neighborhood park site located on the west side of Teague Elementary School at Vista and Gettysburg Avenues; and that the proposed tract map is an infill project with no associated rezone or conditional use permit applications that would involve discretionary requirements; and WHEREAS, the applicant's representative affirmed that they are in agreement with the information contained in the staff report, the proposed conditions of approval for the tract map, and the proposed mitigation measures identified in Environmental Assessment No. T-5599; affirmed their Planning Commission Resolution No. 12574 Vesting Tentative Tract Map No. T-5599 September 20, 2006 Page 3 willingness to continue to work with owners of abutting property regarding street improvements and a land exchange that could affect the proposed tract remainder; and stated that, prior to filing the subdivision map, they had attempted for some time to negotiate a land exchange with the abutting property owners but these efforts had not met with success; and WHEREAS, during the September 20, 2006 hearing,the Planning Commission reviewed the subject vesting tentative tract map application and its associated rezone applications in accordance with the policies of the 2025 Fresno General Plan, the West Area Community Plan, the Fresno Municipal Code, and recommendations of the Planning and Development Department and other City departments and public agencies; and WHEREAS, the Planning Commission reviewed Environmental Assessment No. T-5599 and supporting information regarding current and projected future traffic levels on North Polk Avenue in the vicinity of the subject property, and some Commissioners were not satisfied that the recommended mitigation measures and tract map conditions would adequately reduce or alleviate potential adverse impacts related to traffic safety because the conditions of approval did not address the off-site widening of Polk Avenue to the south of the subject property; and, WHEREAS, Commissioners expressed a concern that the density of the tract map is consistent with the medium-low residential land use designation, a"density drop-down"currently allowed by Fresno Municipal Code Section 12-403-B.2.b(1), but proposed to be deleted from the Municipal Code pursuant to zoning ordinance text amendments being processed by the Planning and Development Department; and WHEREAS, Commissioners expressed additional concerns that the project did not take into account the entire community that it was serving;that it does not contain sufficient green space; and that the West Area Citizen's Advisory Committee had unanimously voted to recommend denial of the tract map. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby denies the proposed Finding of Conformity and Vesting Tentative Tract Map Application No. 5599, without prejudice. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Vang, seconded by Commissioner Chert'. VOTING: Ayes - DiBuduo, Cherry, Holt, Vasquez Noes - Kissler Not Voting - None Absent - Vang, Torossian, DATED: September 20, 2006 C P. YOVINO, Secretary Fresno City Planning Commission v �% RESOLUTION NO. a '" A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING VESTING TENTATIVE TRACT MAP NO. 5599 SUBJECT TO CONDITIONS OF APPROVAL WHEREAS, on February 9, 2006, the City of Fresno completed its tract map verification process and accepted Vesting Tentative Tract Map Application No. 5599 filed by Yamabe & Horn Engineering, Inc. on behalf of owners A-Mark Investments, L.L.C. and Jasbir Singh, and subdivider A-Mark Investments, L.L.C.; and WHEREAS, the 14.7-acre property proposed for subdivision, hereinafter referred to as the subject property, comprised of Assessor's Parcels Numbers 311-280-13 and 311-280-14, is located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues in the City of Fresno as illustrated in the attached Exhibit A; and WHEREAS,the subject property is planned for medium-density residential land use in the 2025 Fresno General Plan, West Area Community Plan, and Highway City Neighborhood Specific Plan; and WHEREAS, the subject property is in the R-1 (Single Family Residential) zone district; and WHEREAS, the applicants seek to develop a 61-lot single family subdivision on this subject property, with a 1.73-acre remainder, at a density of 4.77 dwelling units per acre, as currently permitted by Fresno Municipal Code Section 12-403-B.2.b(1); and spud � d , i J Q,�-�- ? 2006-525 Y Resolution No. Vesting Tentative Tract Map 5599 _=-r" Page 2 WHEREAS, the West Area Citizens Advisory Committee held a meeting on March 20, 2006 to consider this proposed vesting tentative tract map, and recommended denial of the application, citing street design as the basis of the denial; and WHEREAS, the applicant revised the street design of the proposed subdivision, in consultation with the City of Fresno Planning staff and Public Works Traffic Engineering Staff; and WHEREAS, on November 13, 2006, the Highway City Neighborhood Specific Plan Implementation Committee considered the revised subdivision map and recommended approval of the tract map; and WHEREAS, on November 19, 2002, by Resolution No. 2002-378, the Council of the City of Fresno certified Master Environmental Impact Report No. 10130 ("MEIR") which evaluated the potentially significant adverse environmental impacts of urban development within the City of Fresno's designated urban boundary line and extended sphere of influence and within the West Area Community Plan Area; and, WHEREAS, the environmental assessment conducted for the proposed plan amendment resulted in the conclusion that this project was fully within the scope of the MIER and in the filing of a proposed finding of a Finding of Conformity on June 1, 2006; and, WHEREAS, on September 20, 2006,the Fresno City Planning Commission held a noticed public hearing to consider Vesting Tentative Tract Map 5599; and, WHEREAS, the Planning Commission received a staff report, staff presentation, testimony from the applicant's representatives, and from the owners of abutting property; ` Resolution No. 2006-525 Vesting Tentative Tract Map 5599 �=s Page 3 and WHEREAS, staff provided findings for approval of the vesting tentative tract map and recommended approval to the Commission; and WHEREAS, staff provided recent traffic counts on North Polk Avenue which indicated that this proposed subdivision would not reduce Level of Service ("LOS") on North Polk Avenue below acceptable levels for a two-lane arterial roadway with median island; and WHEREAS, the owners of abutting property related concerns regarding the widening of North Polk Avenue and reimbursement requirements for off-site major street improvements, local street right-of-way requirements which would affect their abutting land, and related information regarding an ongoing negotiation between the applicant and themselves involving a potential exchange of land encompassed by the proposed tract remainder for a parcel that they own which abuts the subject property but is not a part of the tract map; and WHEREAS, the Planning Commission took action, as evidenced in Planning Commission Resolution No. 12574,to deny the application for this vesting tentative tract map; and, WHEREAS, the applicant timely appealed the Planning Commission's action, but requested continuance of the City Council hearing on the appeal until an available Council date in late November of 2006; and WHEREAS, on November 28, 2006, the Fresno City Council held a public hearing to consider Vesting Tentative Tract Map 5599, received the recommendation of the ' Resolution No. 2006-525 Vesting Tentative Tract Map 5599 Page 4 Planning Commission and oral testimony and written information presented at the hearing regarding this subdivision application. NOW, THEREFORE, BE IT RESOLVED by -the Council of the City of Fresno, based upon the information and testimony presented at the hearing and upon review and consideration of the environmental documentation provided, as follows: 1. The Council finds that there is no substantial evidence in the record that Vesting Tentative Tract Map 5599 may have a significant adverse effect on the environment, that all applicable mitigation measures contained in the MEIR have been applied to this project and that this project is fully within the scope of the MEIR, and hereby adopts the Finding of Conformity approved for Environmental Assessment No. T-5599. 2. The Council finds the approval of the Vesting Tentative Tract Map, as recommended by the Highway City Neighborhood Specific Plan Implementation Committee and the staff, is in the best interest of the City of Fresno. 3. The Council of the City of Fresno hereby approves Vesting Tentative Tract Map 5599 as depicted on Exhibit B attached hereto and incorporated herein by reference, subject to conditions of approval dated November 28, 2006, attached to the Report to the City Council and incorporated herein by reference. p rr F,��, 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 resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 28th day of November , 2006, by the following vote: Ayes: Calhoun, D3ges, Perea, Sterling, Duncan Noes: Boyaj ian Absent: Westerlund Abstained: None REBECCA E. KLISCH City Clerk By: �6" APPROVED AS TO FORM: JAMES. C. SANCHEZ City Attorney Deputy \ Vesting Tentative Tract Map No. 5599 Filed by Yamabe&Horn Engineering, Inc. on behalf of owner/subdivider A-Mark Investments and Jasbir Singh APNs. 311-280-13 and 311-280-14 41 Resolution No. Vesting Tentative Tract Map 5599 Page 5 EXHIBIT A R-2 R-1 1 ALAMOS WAyA w � J 1- Z 0 J w R-A SANTA ANA SANTA ANA R-A I ACACIA / APN 311-280-04 R-1 Y / APN 31.1-280-05 R-1 APN 311280-17 R;4XGM/cs . AE 1 AE-5 ll ,1 RIALTO RIALTO Li J yam' W F < O � m PICO Z 1 GETTYSBURG LEGEND ® Subject Property j U.G.M.Area VICINITY MAP PLANNING & DEVELOPMENT DEPARTiMiENT VESTING TENTATIVE MAP OF TRACT NO.55991UGM A.P.N.: 311-280-13,14 W E ZONE MAP: 1945 East of Polk Ave.,north of Gettysburg Ave. NOT TO SCALE BY/DATE: J.S./ 2-7-06 t 4 • � M Resolution No. Vesting Tentative Tract Map 5599 Page 6 EXHIBIT B 8 �• w..m-agar i .V•Y.•..ta ••�-n ,1 at - ------ - . C, 4>}.. J1nnc S I Ali -._i S •y 3q q g r@ C �. W.SIC Ami[ • CO �6� C C •C C . S of gRpA�G�R �y r' .r.'�.r�•- w �.' 4 I s 9_ Clt A AIR 6 G I is r. •w ...' ,. tY .a'�� " +� e �•eF ,e g � I l01 Y01M MnUA - IMM YAIRIf AYMi.C'4 - e ! i is I C § C ✓� C 9 y q S RA A� I TAI a 9 .40 � � i Ak 'P Allv A �a� y�t a c2 Xj 8 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REVISED CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 5599 Located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues NOVEM13ER 28, 20 October 29,2007 PROJECT DATA 1. Assessor's Parcels Nos. 311-280-13 and 311-280-14 (14.70 gross acres) 2. Current Addresses: 4726 and 4790 North Polk Avenue, on the east side of N. Polk Avenue between West Shaw and West Gettysburg Avenues 3. Plan Designation: Medium density residential (West Area Community Plan) 5. Existing Zoning: R-1, Single Family Residential District 6. Tract Map verified/ accepted for February 9, 2006 processing on: 7. Application deemed complete with filing of June 1, 2006 (Finding of Conformity) environmental finding: 8. Tract map approval date: November 28, 2006 99. Project Description: Vesting Tentative Tract Map 5599 relates to a subdivision project consisting of up to 64 65 single-family residential lots with a 4:73 1.71-acre remainder. NOTICE TO PROJECT APPLICANT 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 (most current edition in place at the time an application is made for Final Tract approval). The following specific conditions are applicable to this vesting tentative map. This project may be subject to a variety of conditions of approval. These include conditions based on adopted City plans and policies, those incorporated from regulations of other REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 Nr",nmhnr 28 2006 October 29, 2007 Page 2 public agencies (e.g., special districts for flood control/drainage and air pollution control), and those determined through plan review and environmental assessment to be essential to mitigate adverse effects on the environment and to preserve the health, safety and welfare of the community. All code requirements are mandatory. Fresno Municipal Code (FMC) requirements may only be modified by approval of a variance application, provided the findings pursuant to FMC Section 12-405-A can be made and the Variance is approved by the City of Fresno. Some of the recommended conditions for development that are not mandated as essential to health, safety and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Any such discretionary conditions of approval may be appealed prior to, or at, the Fresno City Planning Commission hearing on this project, but will ultimately be deemed mandatory when the Fresno City Planning Commission, (and, if the Planning Commission decision is appealed timely, the Fresno City Council) makes a determination on this subdivision application and its related rezone application. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer or designer to disclose and delineate all facts and information relating to the subject property and the proposed development on the final corrected exhibits, including but not limited to the following: 1. All existing and proposed improvements including but not limited to building envelopes for homes and related structures, signs and their uses, trees, walls, driveways, pedestrian facilities, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses upon, and abutting, the subject property 3. Existing and proposed grade differentials between the subject property and adjoining property. The following requirements are based on City records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. Approval of this tentative tract map, and approval of the related final tract map, may become null and void in the event that development is not completed in accordance with the Zoning Ordinance, City of Fresno Public Works Standards and Specifications, and all the conditions and requirements imposed upon this project including such conditions as shall exist through a Final Tract Map Subdivision Agreement. REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 November 28 2006 October 29, 2007 Page 3 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. 5599 the subdivider may prepare a Final Map in accordance with the approved tentative map (Exhibit A, dated July 26, 20 September 20, 2007), subject to corrections for requirements outlined in these conditions of approval, after completing the Public Works Department's Geometric Approval Drawing (GAD) process for street improvements (refer to the "Streets and Rights of Way' section of these project conditions) and these conditions of approval, including items listed in the Public Works Department Engineering Division Traffic Engineering Manager's revised memorandum, dated July 25, 2006, and appended email dated September 18, 2006, and memorandum dated . These items would include: a. local and major street rights-of-way to be acquired and improved beyond the subject property boundaries; b. inclusion of the remainder in the Vicinity Map's depiction of the site; and c. irrigation district pipeline easements as they may currently exist and may need to be re-recorded to accommodate street improvements. d. Pedestrian crossing improvements as referenced in the Public Works Department memorandum dated This revision of tract map conditions does NOT extend or modify the approval date of this vesting tentative tract map, which remains November 28, 2006. 2. Development and use of this property is subject to compliance with the mitigation measures specified in City of Fresno Environmental Assessment (EA) No. T-5599 (refer to the mitigation checklist dated September 18, 2007) . 3. Each lot shown on Vesting Tentative Map No. 5599, Exhibit A, shall be in accordance with the R-1 zone district, Property Development Standards, pursuant to Fresno Municipal Code (FMC) Section 12-211.5. 4. Prior to recordation of a Final Map for Vesting Tentative Tract Map No. 5599, the subdivider shall obtain approval for a Certificate of Compliance from the City of Fresno for the 4—.7-3 1.71-acre remainder, including compliance with requirements set forth in the Public Works Department Traffic Engineering Manager's revised memorandum, dated July 25, 2006 (copy attached hereto and incorporated herein by reference). 5. 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 REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 ni,,,,o. beF 28 2006- October 29, 2007 Page 4 Specifications (most current edition in place at the time an application is made for Final Tract approval). When preparing corrected exhibits and other required documents, refer to the attached General Conditions of Project Approval, dated November 24, 2004 (attached). 6. Approval of the grading plan by the City of Fresno is required prior to Final Map approval. 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. 7. Major street right of way on the subject property and on abutting Assessor's Parcel No. 311-280-04 shall be shall be shown on the Final Map and shall be dedicated to the City of Fresno. 8. Relinquish direct vehicular and pedestrian access rights to North Polk Avenue for all lots within this subdivision (specifically, Lot 1). 9. Local street easements, pedestrian and landscape easements along streets, public utility easements, and landscape easements, as necessary, shall be shown on the Final Map and landscape plans, and shall be dedicated to the City of Fresno. 10. The subdivider shall dedicate a ten-foot (10') public utility easement contiguous to all streets within, and abutting, this tract and additional easements as required by utilities. The subdivider is responsible to contact the appropriate utility companies for information relating to their utility service and easement requirements for this tract. Where public utility easements, and concomitant underground utilities, along tract streets would interfere with planting of trees and other landscaping for the enhanced pedestrian walkways, alternative easement configurations shall be explored with the utility so that the desirable shaded walkway may be developed in the landscape and pedestrian easements. 11. Pacific Gas & Electric Company (hereinafter "PG&E) shall review and approve proposed public utility easements prior to Final Tract Map approval (refer to the attached letter from PG&E, dated February 23, 2006). 12. All off-site overhead utilities within the limits of this map, excepting major transmission lines located on the aforementioned PG&E easement, shall be undergrounded in accordance with Fresno Municipal Code Sections 8-801, 12-1011, and Fresno City Council Resolutions Nos. 78-522 and 88-229. If any above-ground equipment (such as a utility cabinet) is to be installed on utility easements, it shall be depicted on the final corrected site plan and landscape exhibits, and it shall be screened from public view by the proposed landscaping and it shall not encroach into required corner cutoff areas so as to impair visibility. REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 November 282 2006 October 29, 2007 Page 5 13. Public utility easements necessary beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. 14. If the tract's landscape and pedestrian easements are to be maintained by the City's Community Facilities District, landscape easements shall be deeded to the City of Fresno. (In the alternative, if these landscaped easements are to be maintained through a homeowner's association, they shall be deeded to the association or retained in fee title ownership by the subdivider.) Refer to Conditions Nos. 70 through 76 below, regarding maintenance of required tract improvements. 15 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, storm drainage, walls, and landscaping, including other technical reports and engineered plans as necessary to construct the required public improvements and work, along with the applicable processing fees for review of these plans. Fresno County Department of Public Works and Planning Review is also necessary for any street improvements affecting unincorporated areas. 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 by the City, the subdivider shall provide performance security in an amount established by the City to guarantee completion of plans. 16 The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewer, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 17 The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 18 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. REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 ni,,,,,,,,,beF 28 2006 October 29, 2007 Page 6 19 Proposed easements (including those which may be required beyond the limits of this subdivision), any proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs), and any proposed instruments for an owner's association, are to be submitted by the subdivider to the Planning and Development Department for review prior to Final Tract Map approval (Ref.: Fresno Municipal Code Section 12-1026 and other provisions as stated in the Development Department Guidelines for preparation of CC&Rs dated January 11, 1985). Said documents are to be recorded with the Final Tract Map(s); alternatively, recorded documents or documents for recording shall be submitted by the subdivider to the Planning and Development Department prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the owner's association for street, pedestrian easement and landscaping easement maintenance, in the absence of this tract's annexation to a City Community Facilities District (refer to Conditions Nos. 70 through 76, below). INFORMATION 20. The Design Guidelines adopted for the 2025 Fresno General Plan are applicable to the construction of improvements for this tract. West Area Community Plan policies for single family residential development standards are applicable to development of this project (see attached list of relevant policies). 21. 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. 22. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. The application for apportionment 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 REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 fli,,,,e. beF 28 2006- October 29, 2007 Page 7 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. 23. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District. Please refer to the letter from the District, dated June 16, 2006, for information relating to developer fees, student generation school attendance areas, requirements relating to internal sidewalks. A copy of this letter is attached hereto and incorporated by reference, except for the requirement that a school bus turnout be located along North Polk Avenue. (The subdivision has insufficient frontage on North Polk Avenue to safely accommodate a school bus pull-out 195 feet in length, and the Fresno Municipal Code and adopted City of Fresno Public Works Standards do not establish standards for off-site school bus turnouts). 24 The developer shall contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 25 Stormwater pollution prevention regulations must be complied with during project grading and construction and shall be complied with by development on lots in this tract as may be required by National Pollutant Discharge Elimination System regulations jointly administered by the California Environmental Protection Agency/Water Quality Control Board, Fresno Metropolitan Flood Control District, and the City of Fresno pursuant to area-wide stormwater discharge permits and inter-agency agreements. 26. The developer/owner shall obtain any and all permits required for the removal or demolition of existing buildings/structures, water wells, and septic disposal facilities located within 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, the requirements of the San Joaquin Valley Unified Air Pollution Control District, Fresno County Environmental Health, and the City of Fresno Department of Public Utilities Water Division. 27 The City of Fresno's Historic Preservation Project Manager has reviewed the subject property and has determined that no existing structures on the site are eligible for inclusion on the historic register. However, If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 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 REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 November 28 2006 October 29, 2007 Page 8 Center (phone number 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 28. The subdivider shall comply with San Joaquin Valley Air Quality Pollution Control District (SJVUAPCD) Rules, including Regulation VIII of the for the control of particulate matter and fugitive dust during construction of this project, including the preparation of a Dust Control Plan for tract grading. The subdivider and successors in interest shall also conform to the SJVUAPCD Indirect Source Review Rule as it applies to this project. Refer to the attached letter from the SJVUAPCD, dated February 16, 2006. 29. Solid waste disposal for the subdivision may be provided by the City of Fresno Department of Public Utilities Solid Waste Division. The location and type of solid waste containers for serving parcels in this tract shall be subject to approval of the Solid Waste Manager. Curbside parking prohibitions are ordinarily enforced through covenants. Refer to the attached Solid Waste Division memorandum, dated March 6, 2006, incorporated herein by reference. 30. Fresno Irrigation District (FID) has facilities located within, and potentially affected by, this proposed project (refer to the "Surface Water Conveyance" section of these conditions). LANDSCAPING 31. Detailed landscape plans shall be prepared for this project by a landscape professional. Landscape plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. The landscape plans must be consistent with the grading plan for this property. Landscape plans shall also provide information on any proposed fences/walls and any on-site decorative fixtures such as boulders, sculptures, statuary, arbors, pergolas, gazebos, shade structures, fountains, ponds/pools, etc. Trees in the landscape strips that are being planted within four feet of sidewalks shall be furnished with root barriers to protect the concrete from damage and root barriers shall be depicted in the landscape exhibits. 32. Landscape plans for any portion of the property on, or abutting the existing or proposed Fresno Irrigation District pipeline easement are required to be submitted to FID for review and approval prior to being submitted to the City of Fresno. After being approved in final form by FID, landscape plans for this tract shall be submitted to the Planning and REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 lSleyember 28 2006- October 29, 2007 Page 9 Development Department and to the Department of Public Works for review and approval prior to approval of the Final Map for Tract 5599. 33. The subdivider shall provide a twenty-foot (20') deep landscape easement, landscaping, and irrigation system for the landscaping, along the west side yard of Lot 1 which abuts North Polk Avenue, pursuant to West Area Community Plan Policy No. W-3-b. Landscaping is required to be installed in the corner cutoff area outside the masonry walls on the street side corner of Lot 1. This landscaping shall be installed concurrently with street improvements. 34. For street tree and landscape requirements, refer to the March 9, 2006 memorandum from Ann Lillie, Senior Engineering Technician, City of Fresno Public Works Department (copy attached hereto and in herein by reference, except for sections relating to "TRAIL REQUIREMENTS," which are not applicable to this project). Contact Ann Lillie regarding any proposed changes to street tree species, and for the designated tree species to be planted on local tract streets. 35. The developer shall dedicate ten-foot easements along local tract streets, with concomitant pedestrian easements as may be required by any proposed alternative sidewalk pattern, and shall improve these easements to facilitate and enhance pedestrian use. 36. Two street trees shall be required in the front yard side of each residential lot, one of which shall be planted so as to shade the sidewalk; and two street trees shall be required on the street side yards of all tract lots having designated landscape easements in their side yards. The street tree species outlined in the Public Works Department memorandum from Ann Lillie may require amendment for landscaped areas which lie within, and abutting Fresno Irrigation District pipeline easements if FID does not accept the designated street tree species. 37. Street tree plan review fees, median island landscape fees, and street tree planting inspection fees as required by the Department of Public Works shall be paid prior to approval of the Final Tract Map. 38. West Area Community Plan policies require front yard landscaping to be installed by the developer on single-family residential lots. 39. No structures may be installed or maintained within the above-noted required landscaped setback areas on this tract, except those specified in project conditions and approved through final corrected exhibits. EXCEPTIONS: (1) required fences and walls (2) backflow prevention device(s) required by the City's Department of Public Utilities Water Division may be located within the required landscape setback, provided it shall be screened by landscaping or such other means as may be feasible and as approved through review of final corrected exhibits; REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 Neve m,e 29, 2006 October 29, 2007 Page 10 (3) landscape irrigation equipment and decorative landscape features; mailboxes; and required street furniture such as light poles and traffic control signage as may be approved through review of final corrected exhibits; and (4) street furniture and recreational equipment used for enhance pedestrian amenities (e.g., benches and playground equipment) as may be approved through review of final corrected exhibits. (5) other exposed utility boxes, transformers, meters, etc., may be located at the back of required landscape setbacks, screened by vegetation, subject to review and approval of detailed special permit exhibits depicting these utility-related features. Public utility equipment shall be located within utility easements which shall be depicted on the final corrected site plan. All utility equipment and appurtenances associated with the site, above- and below-ground, shall be shown on the final corrected exhibits. 40. Landscaping is required to conform to City of Fresno water-efficient landscape standards (contact Nora Laikam at the Department of Public Utilities Water Division, 559-621-5305 for cons ultation/asistance prior to preparing final landscape plans). Landscaping along masonry walls required for this tract shall meet City of Fresno Anti-Graffiti Landscaping standards, available from the Planning and Development Department. 41. Landscaping must be in place before issuance of certificates of occupancy will be issued for homes (include this note on the final corrected site plan and on the landscape plan.) The use of utilities for temporary occupancy may be allowed by the Building Official pursuant to FMC Section 13-100.110.1.2 et seq. WALLS AND FENCING 42. A solid masonry wall at least six feet (6') tall, with aesthetic finish on both sides, shall be constructed at the rear of the required landscape easement across the street side yard of Lot 1, which sides onto North Polk Avenue. 43. Walls and fences shall incorporate corner cut-off provisions for safe visibility at the intersection of the local tract street and North Polk Avenue, and where properties with existing driveways abut tract lots having required walls and fences. In accordance with FMC Section 12-306-H-3.d., corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. Tract lots proposing walls and fencing shall also provide corner cut-off areas at the intersections of local interior streets. REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 nieyer bee 28 2006 October 29, 2007 Page 11 44. Final tract map exhibits shall depict wall and fence locations and appearances. Engineered plans for required walls shall be submitted to the City of Fresno Department of Public Works and Planning and Development Department for review and approval. BUILDING SETBACKS 45. Building setbacks shall be in accordance with the R-1 (Single Family Residentiao zone district, per Fresno Municipal Code (FMC) Section 12-211.5-E. Front yard setbacks shall be varied to the extent possible within building envelopes provided by this zone district, as it may be modified through future amendments to the Zoning Ordinance. It is noted that Lots 55 and 61 are reverse corner lots, requiring additional street side yard setbacks. It is also noted that Lots 41 and 54 are "key lots" with ten-foot building setbacks depicted on their north sides. 46. There shall be side yard at least six feet in width on the garage side of all residential lots in the tract. Alternatively, the garage side yard may be less than six feet in width, provided the side yard gate has a clear opening at least four feet in width. Installation of paving on this extent of side yards will require special drainage provisions such as a drainpipe from the rear yard to the front of the paved side yard area. These paving and drainage features shall be detailed on tract grading plans. PARK SERVICE 47. The developer is required to pay fees and/or dedicate lands for park and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. This subdivision map was accepted for processing on February 9, 2006; therefore, City-wide Park Facility fees and Quimby Act open space fees will apply to this project (Urban Growth Management Area Park fees have been superseded by these City-wide fees). Refer to Condition No. 77, below, for the amounts of these fees. FIRE SERVICE 48. The attached memorandum from the Fresno Fire Department, dated February 7, 2006, outlines the fire protection requirements for this subdivision and is incorporated herein by reference. 49. This subdivision map was accepted for processing on February 9, 2006; therefore, the City-wide Fire Facility fee will apply to this project (Urban Growth Management Area Fire Station fees have been superseded by these City-wide fees). Refer to Condition No. 78, below, for the amount of this fee. REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 ni.,,,,,.nbe_.28 2006 October 29, 2007 Page 12 STREETS AND RIGHTS-OF-WAY 50. The subdivider/developer shall comply with the requirements outlined in the Public Works Department Engineering Division Traffic Engineering Section revised memorandum to the Planning and Development Department, dated July 25, 2006 and email dated September 18, 2006 (attached hereto and incorporated herein by reference). These requirements include: a. preparation of a Geometric Approval Drawing as described in the attachment to this memorandum; b. provision of a traffic calming island in West Acacia Avenue at its intersection with North Polk Avenue (with concomitant right-of-way as detailed in the memorandum and email); C. incorporation of one or more traffic circles or equivalent traffic calming devices (meeting the requirements of the Public Works Department Engineering Division Traffic Engineering Manager and approved by the City of Fresno) on West Acacia Avenue and North Barcus Avenue and other local tract streets where these facilities are proposed; and d. On-site and off-site construction of North Barcus Avenue to connect it with West Santa Ana Avenue to the north and to the existing "stub" portion of North Barcus Avenue constructed with Tract 4217 to the south. 51. Access to major and local streets shall be relinquished as described above in Condition No. 8, above. All phases of tract development require two points of street access. 52. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (most current edition in place at the time an application is made for Final Tract approval). The first order of work shall include a minimum of two points of access to the major streets for any phase of this development. 53. As noted previously, sidewalks are required on both sides of local tract streets, and along project frontage on North Polk Avenue (including the frontage of the remainder) to facilitate safe pedestrian access for schoolchildren, including an asphalt path to be constructed along the frontage of Assessor's Parcel No. 311-280-04. Enhanced pedestrian and landscape easements may allow for meandering sidewalks or other enhancements, to be approved by the Public Works Department Engineering Division. Submit details of these walkways, including cross sections, on the final tract map and in proposed street work plans to the Traffic Engineering Section for review and approval prior to incorporating them in proposed street work plans. 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 and pedestrian pathways at all corners within the limits of the tract (identify corner cut dedications on all interior streets), and shall be depicted on final tract map exhibits. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 NeyewbeF 29 20G6 October 29, 2007 Page 13 unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the four-foot (4') minimum unobstructed path requirement. 55. Any temporary dead-end streets created during construction of this subdivision shall be properly barricaded in accordance with City standards within seven (7) days from the time the streets are surfaced or as directed by the Engineer. Temporary dead end street shall conform to Department of Public Utilities Solid Waste Division requirements (contact Donna Leslie of the Department of Public Utilities Solid Waste Division, ph. 559-621--8165, for more information). 56. All required signing and striping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative map to the Public Works Department. 57. Parking shall be prohibited along the local street frontage of tract Lots 1 and 2, the West Acacia Avenue frontage of APN 311-280-04, and wherever the City of Fresno Public Works Department Engineering Division Traffic Engineering Manager would prohibit parking adjacent to installed traffic calming facilities. The subdivider shall install any "No Parking" signage and curb painting required by the Public Works Department. 58. Refer to Conditions Nos. 70 through 76, below, regarding maintenance requirements for street- and pedestrian-related facilities. MAJOR STREET REQUIREMENTS: NORTH POLK AVENUE 59. Refer to frontage construction requirements for North Polk Avenue as set forth on the previously-referenced City of Fresno Public Works Department revised memorandum dated July 25, 2006. Sidewalk on North Polk Avenue shall be at least six feet (6) in width, and any pedestrian easements required for sidewalks on North Polk Avenue, or alternative (e.g., curvilinear) sidewalks along local tract streets, shall be depicted on final tract map exhibits and on the final corrected landscape plans. LOCAL (INTERIOR) STREET REQUIREMENTS 60. Refer to construction requirements for tract local interior streets and any interior street lighting as set forth in the previously-referenced City of Fresno Public Works Department revised memorandum dated July 25, 2006. TRAFFIC IMPACT MITIGATION REQUIREMENTS 61. This tract will generate 46 a.m./62 p.m. peak hour trips; therefore, no Traffic Impact Study (TIS) is required by the City of Fresno. 62. This project shall install a traffic signal at the intersection of West Ashlan and North Polk Avenues, as outlined in the City of Fresno Public Works Department revised memorandum dated July 25, 2006. This is a reimbursable project, and if another project REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 ni,,,,o...ber 28 2006 October 29, 2007 Page 14 installs the signal prior to this subdivision, this project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is currently $414.69 per single family unit and is subject to periodic adjustment by the City of Fresno. STATE FACILITY TRANSPORTATION REQUIREMENTS 63. The California Department of Transportation District 6 Office of Transportation Planning submitted comments on this project in a letter dated February 21, 2006 (copy attached hereto). The application for this tract map was submitted, and this project was accepted for processing, prior to the February 23, 2006 Caltrans/City of Fresno Interim Agreement. As noted above, this project is expected to have less than 100 peak hour trips; therefore, no traffic impact study was required. Prior to approval of a Final Map for this subdivision, the developer will pay a State Highway Facilities Fee of either (1) an amount of $6,589 as requested in Caltrans' February 21 letter; or (2) an amount proportionate to the share of responsibility for state highway improvements as determined by the Council of Governments Fresno/Madera Freeway Deficiency Study, dependent upon Caltrans having executed agreements with the City of Fresno and other involved/affected jurisdictions to collect and administer regional State Highway Facilities Fees determined necessary through this Study. Should a Final Map be approved prior to the Freeway Deficiency Study and subsequent agreements being completed/ executed, this condition becomes moot. SANITARY SEWER SERVICE 64. This tract is in the Cornelia Sewer Trunk service area. The subdivider and his successors in interest shall comply with the requirements set forth in the Department of Public Utilities Planning and Engineering Division memorandum dated February 16, 2006, attached hereto and incorporated by reference. The memorandum includes information relating to required construction of sewer mains and installation of house branches, abandonment of on-site waste disposal systems, and fees. Sewer mains shall be installed before street improvements and paving. WATER SERVICE 65. In order to provide water service to the tract, the subdivider and his successors in interest shall comply with the requirements set forth in the Department of Public Utilities Water Division memoranda dated February 9 and February 16, 2006, attached hereto and incorporated herein by reference. The memoranda include information relating to installation of water mains in tract streets, installation of individual services for homes, and proper abandonment of on-site water wells. Water mains shall be installed before street improvements and paving. REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 ni,,,,,,.,r bee 28 2006 October 29, 2007 Page 15 FLOOD CONTROL AND DRAINAGE 66. The subdivider shall be required to pay any applicable storm drainage fees to Fresno Metropolitan Flood Control District (FMFCD) to comply with Fresno Municipal Code Chapter 13, Article 13 (please note that the amount of these fees has change, pursuant to a fee schedule update). These fees may be modified and offset in whole or in part through a drainage agreement executed between the developer and FMFCD (however, FMFCD is not requiring construction of specific Master Plan Facilities for development of this tract). Prior to Final Tract Map approval, provide a copy of a letter reflecting the current fee amount, or a copy of the fully executed drainage agreement. 67. FMFCD's February 28, 2006 Notice of Requirements for Tract No. 5599 lists requirements and fee obligations of the subdivider/developer. Any proposed amendments to the drainage requirements set forth in FMFCD's Notices of Requirements shall be reviewed and approved by FMFCD and the City of Fresno when detailed grading and drainage plans are prepared for this tract. The subdivider shall be required to comply with the specific requirements imposed by 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. 68. The February 28, 2006 FMFCD Notice of Requirements for Tract 5599 states that permanent drainage service is not available. Due to the lack of FMFCD permanent storm drainage service for this subdivision, at least one temporary on-site ponding basin will need to be created. Any temporary basin constructed for or used by this subdivision requires approval of FMFCD and the City of Fresno, and may only be implemented through a covenant between the City and the Developer prior to final map approval. Temporary basins shall be fenced within seven days of the time a basin becomes operational, and fencing shall conform to City of Fresno Public Works Standards Nos. P-62 and P-45, detailing construction, access, maintenance, and fencing requirements for temporary on-site ponding basins, are incorporated herein. Maintenance, mosquito abatement, and inspection personnel shall be provided access rights and a means of entry for inspection and mosquito abatement activities for all on- site basins. Attached hereto and incorporated herein is a copy of the City of Fresno's Guidelines for Ponding Basin/Pond Construction and Management, dated October 29, 2004. Also attached is a map of the two mosquito and vector control districts serving the Fresno Metropolitan Area with contact information. SURFACE WATER CONVEYANCE 69. As noted previously, Fresno Irrigation District (FID) has facilities that lie within the project boundaries, in a recorded easement for Teague School Pipeline No. 46 (refer to the letter from FID, dated February 14, 2006, attached hereto and incorporated herein by reference, except for Item No. 8 on page 2 of the letter, wherein FID requests that the subdivider be exempted from conditions that would require construction of facilities or conveyance of deeds or easements in FID's easement without FID's written consent). Pursuant to this letter, the subdivider is required to: REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 ni,,,,,,, ber 28 2006 October 29, 2007 Page 16 a. replace irrigation pipeline as directed, pursuant to an agreement with FID; b. relocate pipeline and easements as required for North Polk Avenue improvements pursuant to an agreement with FID (these easements shall be depicted on the Final Map, as noted previously); C. notify FID of tract map conditions and requirements to construct public facilities and/or convey deeds and easements in FID's easements, and obtain any required subordinations and written consent from FID in order to fulfill these requirements; d. submit grading, drainage, street work, landscape, and masonry wall construction plans to FID for review and approval, and obtain any necessary encroachment permits and Agreements; and e. bear the cost of preparing any developer/FID and FID/City of Fresno agreements, including an agreement for common use of pipeline and landscape easements. MAINTENANCE OF PUBLIC AND COMMON AREA TRACT IMPROVEMENTS 70. The Subdivider shall be responsible for ongoing maintenance of the following items: a. Maintenance of all street trees, landscaping, and landscape irrigation systems as approved by the Public Works Department within the street easements (including local street medians and traffic circles), landscape and pedestrian easements that back-onto North Polk Avenue and abut local tract streets; b. Maintenance of all street trees, landscaping and irrigation systems on pedestrian easements where these easements lie within the side yards of tract lots; c. Maintenance of all curbs, gutters, sidewalks, medians and pedestrian easement amenities, and street furniture as approved by the Public Works Department within the boundary of the tentative map; d. Maintenance of all required masonry walls and fencing; and e. Maintenance of all temporary on-site ponding basins; and f. Maintenance and operating costs of all local street lights as approved by the Public Works Department within the boundary of the tentative map; Hereinafter, the above listed items shall be collectively referred to as "above listed maintenance responsibilities," and shall be maintained by a Community Facilities District (CFD) or a homeowner's association. 71. The Subdivider and successors in interest (hereinafter referred to as "Subdivider") may elect, and the Fresno City Council may decide, to have the above listed maintenance responsibilities become the responsibility of a Community Facilities District (CFD). If the Subdivider elects to petition the Council to include the above listed maintenance responsibilities in a CFD, the selection of which CFD (including the creation of a new CFD) shall be the responsibility of the Public Works Director or his/her designee. Please REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 Neve ber 28 2006 October 29, 2007 Page 17 refer to the June 16, 2006 memorandum of requirements from Joe Paff, Senior Engineering Technician, City of Fresno Public Works Department. A copy of this memorandum is attached hereto and incorporated herein by reference, with references to local street pavement maintenance and alternative street improvement standards deleted. 72. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final tract map submittals to the Planning and Development Department for processing. Landscaping plans will include any trees within public easements in the interior of the tract and details of all landscaping in any area to be placed in a CFD. 73. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District for local street, landscaping, wall, sidewalk/curb/gutter, pedestrian trail, on-site open space, and median island maintenance for abutting major streets within the limits of this tract, the City of Fresno Department of Public Works shall be provided by the developer 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. 74. If the Subdivider does not elect or the Council does not decide to have the above listed maintenance responsibilities become the responsibility of a CFD, the Subdivider shall establish a Homeowners Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. Also refer to Conditions Nos. 14 and 21, above, for requirements related to homeowners associations and covenant preparation. 75. Except for landscaping that may be maintained by a City Community Facilities District or homeowners association, property owners are responsible for the maintenance of landscaping on their yards and park strips. 76. Landscaping and trees in this project shall be maintained in good health and landscape irrigation systems shall be promptly repaired. Trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 ni,,yembor 281 2006 October 29, 2007 Page 18 DEVELOPMENT FEES AND CHARGES 77. This project is subject to the development fees and charges set forth on the following table, as estimated by the Planning and Development Department Land Division and Engineering Section. Since the following estimate of fees was prepared, impact fees have been updated by the Fresno City Council, and will be applicable to this project; contact Frank Saburit at 559-621-8077 for more information. Pursuant to California Government Code Section 66020(d)(1), a protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments are to be completed with development. SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge* $0.10/sq. it. (to 100' depth) b. Oversize Charge* $0.05 /sq. ft. (to 100' depth) c. Trunk Sewer Chargev, $419/living unit Service Area: Cornelia SEWER CONNECTION CHARGES FEE RATE d. Wastewater Facilities Charge. $2,119/living unit e. House Branch Sewer Chargee N/A f. Fowler Trunk Sewer Interim Fee Surety* N/A WATER CONNECTION CHARGES FEE RATE f. 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. REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 ni,,,,,,. ber 28 2006- October 29, 2007 Page 19 g. Frontage Charge► $6.50/ lineal foot h. Transmission Grid Main Charge► $643/gross acre (for parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt Service Charge* $243/gross acre (for parcels 5 gross acres or more) k. UGM Water Supply Feev N/A Service Area: 301s I. Well Head Treatment Feer N/A Service Area: 301 m. Recharge Feev N/A Service Area: 301 n. 1994 Bond Debt Service► N/A Service Area: 301 DEVELOPMENT IMPACT FEE FEE RATE o. Fire Facilities Impact Fee - Citywide♦ "" $539/ living unit p. Park Facility Impact Fee - Citywide+ "" $3,398/ living unit q. Quimby Parkland Dedication Feev " "" $1,120/ living unit r. Police Facilities Impact Fee - Citywide♦ "' $624/ living unit S. Traffic Signal Charge► $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE t. Major Street Charge► N/A U. Major Street Bridge Charge* N/A Service Area: E-4 V. UGM Grade Separation Fees► N/A Service Area: E-4-A w. UGM Trunk Sewer Charge► N/A Service Area: Cornelia X. Street Acquisition/Construction Chargee N/A Fee Notes: This amount if paid is creditable against the Park Facility Impact Fee. REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 November 28 2006- October 29, 2007 Page 20 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. Attachments: The following documents relate conditions and requirements for this subdivision, except as the preceding text, and the action of the Planning Commission and/or Fresno City Council, may have amend or delete some of the provisions contained in them: Revised memorandum from the City of Fresno Public Works Department Engineering Division Traffic Planning Section, dated July 25, 2006 Email from the City of Fresno Public Works Department Engineering Division Traffic Planning Section, dated September 18, 2006 General Conditions of Project Approval, dated November 24, 2004 Letter from Pacific Gas & Electric Company, dated February 23, 2006 West Area Community Plan policies applicable to Vesting Tentative Tract No. 5599 Letter from Central Unified School District, dated June 16, 2006 Letter from the San Joaquin Valley Unified Air Pollution Control District, dated February 16, 2006, with attachments on dust control, asbestos, the Indirect Source Rule, and tree planting, Memorandum from City of Fresno Department of Public Utilities Solid Waste Division, dated March 6, 2006 Memorandum regarding Street Tree/Landscape Buffer Requirements, from Ann Lillie of the City of Fresno Public Works Department Engineering Division, dated March 9, 2006 Memorandum from Fresno Fire Department, dated February 7, 2006, with attachment relating to fire sprinkler requirements Letter from the California Department of Transportation District 6 Office of Transportation Planning, dated February 21, 2006 Memorandum from the City of Fresno Department of Public Utilities Planning and Engineering Section, dated February 16, 2006 Memorandum from the City of Fresno Department of Public Utilities Water Division, dated February 9, 2006 Fresno Metropolitan Flood Control District Notice of Requirements for Tract No. 5599, dated February 28, 2006 City of Fresno Guidelines for Ponding Basin Construction and Management to Control Mosquito Breeding, dated October 29, 2004; and map of Fresno area mosquito and vector control districts Letter from Fresno Irrigation District, dated February 14, 2006 REVISED TRACT MAP CONDITIONS OF APPROVAL Vesting Tentative Tract Map 5599 NevembeF 28 2006- October 29, 2007 Page 21 Memorandum regarding maintenance and Community Facilities District issues, from Joe Paff of the City of Fresno Public Works Department, dated June 16, 2006 Finding of Conformity with Master Environmental Impact Report (MEIR) No. 10130 prepared for Environmental Assessment No. T-5599, with mitigation monitoring checklist,dated Junei, 2006 K:\Common\Master Files—Tract Maps\Tract 5599-Sandra Brock\T-5599 08 COA 06-11-28 STATE OE CAI IORNIA—BUSINESS.TRANSPORTATION AND HOUSING AGENCY ARNOLD SMVI4R_/ENEGGER,Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE d P.O. BOX 12616 ` FRESNO,CA 93778-2616 PHONE (559)445-6666 L^) _ �LL-J ) power! FAX (559)488-4088 1 LHiIELJ Be Flenergy efficient! TTY (559)488-4066 FEB 2 4 2006 February 21, 2006 Planr,.. � Jivisior Deve'-rl':er14 DaPar+rllent • — -tl�:.�iu11-: 2131-IGR/CEQA 6-FRE-99-28.1+/- T-5599 A-MARK INVESTMENTS Ms. Sandra Brock City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Brock: We have completed our review of the vesting tentative map of tract number 5599 for the proposed 61-lot single-family residential development located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues. Caltrans has the following comments: This project was not required to prepare a Traffic Impact Study (TIS). Utilizing another TIS from a nearby residential development, Caltrans has calculated a fair share for this project to mitigate for its impacts to the State Route (SR) 99 interchange at Shaw Avenue. Per our interim agreement with the City, we have used the City's formula for the calculation. Northbound ramps of SR 99/Shaw Avenue: Trips impacting the northbound ramps of SR 99/Shaw Avenue=P1 = 17 trips Cost for planned improvements =$1,367,000 (based on Caltrans' Project Study Report) Forecasted volume =FZ = 5,963 vehicles per hour (from previous traffic study) 17 Fair Share Percentage= P = FZ = 5,963 = 0.28509% Mitigation= (0.28509%)($1,367,000) _ $3,897 Southbound,ramps of SR 99/Shaw Avenue: Trips impacting the southbound ramps of SR 99/Shaw Avenue=pi f= 14 trips" Cost for planned improvements = $1,224,000 (based on Caltrans' ProjectS - tudy Report) Forecasted volume =FZ = 6,366 vehicles per hour (from previous traffic study) "Caltrans improves mobility across California" Ms. Sandra Brock February 21, 2006 Page 2 Pu_ 14 Fair Share Percentage=P = Fz = 6,366 = 0.21991% Mitigation = (0.21991%)($1,224,000) _$2,692 Total mitigation = $3,897 + $2,692 = $6,589 The City.should consider a transit alternative for this project. There is sufficient development in this area of Fresno to support transit, and early planning could make such an alternative feasible'. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made apart of the permanent record for this project and that a copy of our letter be included in any staff report prepared for this project. This will provide the decision-making body and the general public with a complete and accurate environmental, - evaluation for the project. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. FEB.21.2006 9:09AN CAL TRANS PLANNING N0.439 P.3/3 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 carpoolsNanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-relared 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. FEB-21-2006 9:09AN CAL TRANS PLANNING N0.439 P.2/3 Ms. Sandra Brock February 21, 2006 Page 2 Pt 14 ° Fair Share Percentage=P = FZ = 6,366 = 0.21991% Mitigation=(0.21991%)($1,224,000) _$2,692 Total mitigation=$3,897 t$2,692 =$6,589 The City should consider a transit alternative for this project. There is sufficient development in ' this area of Fresno to support transit, and early planning could make such an alternative feasible'. Caltrans recommends that this project be routed to Fresno ,Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent record for this project and that a copy of our letter be included in any staff report prepared for this project. This will provide they decision,making body and the general public with a complete and accurate environmental . , evaluation for the project. If you have any questions,please call me at'(559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C.Ms. Barbara Goodwin, Council of Fresno County Governments -Calan improves rnob0z . FEB.21.2006 9:09AM CAL TRANS PLANNING N0.439 P. 1i3 TATE OF C,�1,IE�RN�A RU�TNr�S TRgNSPnRTwT[O�AND F►OUSAI�LA�rN[Y ARNOLD SAH��tt75NEGGBR Cowmor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE ` • P.O. BOX I2616 FRESNO,CA 93778-2616 PHONE (559)445-6666 Flex your powert FAX (559)4SS-4088 Be energy efficient! n-Y (559)488-4066 February 21, 2006 2131-IGR/CEQA 6-FRE-99-28.1+/- T-5599 A-MARK INVESTMENTS Ms. Sandra Brock City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms.Brock: We have completed our review of the vesting tentative map of tract number 5599 for the . proposed 61-lot single-family residential development located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues. Caltrans has the following comments: This project was not required to prepare a Traffic Impact Study(TIS). Utilizing another TIS from a nearby residential development, Caltrans has calculated a fair share for this project to mitigate for its impacts to the State Route(SR) 99 interchange at Shaw Avenue. Per our interum agreement with the City, we have used the City's formula for the calculation. Northbound ramps of SR 99/Shaw Avenue: Trips impacting the northbound ramps of SR 99/Shaw Avenue =P1 = 17 trips Cost for planned improvements=$1,367,000 (based on Caltrans' Project Study Report) Forecasted volume=F2= 5,963 vehicles per hour(from previous traffic study) Pt 17 Fair Share Percentage=P = F2 = 5,963 = 0.28509% Mitigation= (0.28509%)($1,367,000)=$3,897 Southbound ramps of SR 99/Shaw Avenue: Trips impacting the southbound ramps of SR 99/Shaw Avenue=I11 = 14 trips Cost for planned improvements =$1,224,000 (based on Caltrans' Project Study Report) Forecasted volume==F2 = 6,366 vehicles per hour(from previous traffic study) " 411r,w improves mobile CENTRAL UNIFIED SCHOOL DISTRICT Ui, OPERATIONAL SERVICES �G eC'rJ�ti 4605 North Polk Avenue • Fresno California 93722 Phone: (559) 276-5211 . FAX: (559) 276-5515 Mike Berg, Director Jack McKee,Maintenance Supervisor Lodgerio Jorge,Custodial Supervisor LaVonda Johnson, Grounds Supervisor Diane Komoto,Transportation Manager David Deel,Community/Facilities Planning Manager June 16, 2006 City of Fresno Planning Department 2600 Fresno Street Fresno, CA 93721 Attn: Sandra Brock Subject: TT 5599 Central Unified School District has the following conditions/comments for the above project(s): Condition of approval: 1. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620. 2. Install concrete sidewalks/curbs/gutters on both sides of the interior streets for the proposed project in a manner consistent with the existing subdivisions in the area and to City standards. 3. Install a permanent school bus pull-out located along the West Side of Polk Avenue at Teague Elementary School as per the attached design drawing. The District is willing to work with the Developer to determine the location of this permanent school bus pull out, prior to submittal of the final map. District Administration Marilou Ryder Ed.D. Superintendent ,Sarah Koligian, Instruction ->im Yovino, Human Resources-Michele Copher, K-12/Adult Ed->ohn Mulligan, CFO 4605 N. Polk A venue -Fresno, CA 93722 (559)276-5206 TT 5599 6/16/06 Page 2 of 4 Comments: The proposed project will add approximately 23 K-12 grade students to the District's average daily attendance. Number of lots / units = 40 Grade Level: # of Students Generated K-6 grade students 14 7-8 grade students 4 9-12 grade students 5 TOTAL K-12 grade 23 The District will be able to accommodate these new students at the schools of attendance indicated below. To offset the cost to house these students, the District currently levies development fees of $2.92 per square foot for residential development and $0.36 per square foot for commercial / industrial development. As a point of information, development fees are subject to increase every two years by the State Allocation Board. Any new development on the property will be subject to the development fees in place at the time development fee certificates are obtained. Sidewalks will be required along interior neighborhood streets and major exterior streets to provide the necessary identifiable boundary between students and traffic, and provide a safe place for students walking to and from existing school sites and bus stops. Bus transportation will be provided to those students in accordance with District policies in effect at the time of enrollment. Currently, bus transportation is provided for: • K-8th grade students residing at least one mile or more from their school of attendance; • 9th-12th grade students residing at least two miles or more from their school of attendance. The District is an advocate for safe walking routes. At this time, however, an identifiable safe walking route does not exist to one or more of the indicated schools of attendance. The District will need to provide busing for these students and has concluded using interior subdivision streets are not adequate or safe for bus turning and/or navigation movements. Therefore, the District will require a permanent bus pull out, separated from traffic lanes by a concrete median strip. Attached is a design drawing that meets approval by the City Traffic Engineering Manager. If the proposed subdivision does not have enough frontage to accommodate the requested bus stop, the District will allow the developer to locate the bus stop on the Teague Elementary school campus. The District is willing to work with the Developer to determine the location of this permanent school bus pull out, prior to submittal of the final map. TT 5599 6/16/06 Page 3 of 4 The following school of attendance information is provided: Please note: The District has plans to construct a phased "educational center" on the NEC of Grantland and Ashlan Avenues. The Educational Center will be home to an 800 student Elementary school (open Aug. 2007), a 1000 student Middle school (open Aug. 2008) and a 2500 student High school (open Aug 2010). In addition, the District has plans for a new Elementary School on Valentine Avenue south of Clinton Avenue. These proposed schools may affect the school of attendance for the proposed tract and/or the attendance boundary of the following schools: • Elementary School Information: School Name: Teague Elementary Address: 4725 N. Polk Ave • Middle School Information: School Name: Rio Vista Address: 6240 W. Palo Alto Ave. • High School Information.- (a) nformation:(a) School Name: Central High School — East Campus Address: 3535 N. Cornelia Ave (b) Currently, Central High School - West Campus is a mandatory attendance Stn grade school with optional programs for grades 10th -12tH The California Department of Education has current API scores - see- http://www.cde.ca.gov/ta/ac/ap/index.asp (however this site does not have current District enrollment data - see: http://www.ed-data.kl2.ca.us/.) The District appreciates the opportunity to comment on above project. Should you have questions or need additional information, please contact me at 559-276-5203 or ddeel@centralusd.k12.ca.us. Sincerely, David Deel Facilities Planning Manager Attachment I • a a a 4-5' KID£LANDSCAPE AREA (TYP)- CONCRt7E CURD AND SIDEWALK PER CRY 3SID DNC. P-5 AND P-9. B" Wa< CONCRETE 5 5, SLAB N?TH NUMBER 5 REBARS AT 14-5'ON CEMER. PROME r MIN. Cl£AR&MVEM RESAR AND SV6GR DE OF SLAB. CONCRETE CURB ..k N N� AND GUTTER PER CITY STD. DWG P-7J. g z 37'(COLLECTOR) I5•. O 45'(ARTERML) *2'(� ~ W 1 X r111CX CONCRETE CAP W ISLAND. 15 f. 47' COLLECTOR S,J, 55' N77ERkL ;� CONCRETE CURB AND SIDEWASX WfTH 5' LANDSCAPE PER CITY STD. DWc P-5 AND P-9 o (ryp)- 9' THICK CONCRETE VALLEY CUTTER NOTE: WTTH NUMBER 5 RERARS AT 14.5-DN I. MINfMUM GUTTER SLOPE IS .0075. CENTER. PROVIDE 2• MIM CLEAR BETWEEN REBAR AND SU6CR4DE OF T V' A 0'-J5' DEDICATION REQUIRED FOR VALLEY curTER (TYPJ. ADDfTR W RCr ff Or WAY AS REOUlR£O ON STANDARD ARTM4, COLLECTOR, AND EXPRESSWAY STRE= TO ACCOMMOWE Th7S RUS BAY. SCHOOL BUS TURNOUT BLAIR CHURCH&UNN FOR CONSUTING ENGINEERS NG scaLF COLLECTOR AND LOCAL STREET TEL.«) 291-5W7 FAL (550) �'_�� ❑R- HY: DATE SHEET P.0. 9-10-04 1 of 1 Drowinq; P:\204—OJ66\Dng—Site\Owg\Turnout.dwg; Loyouti Plot by: pouf Doc I3, 2005 — 9:27Qm D E P A R T M E N T O F P U B L I C W O R K S TO: Sandra Brock, Planner III Planning Division FROM: Ann Lillie, Senior Engineering Technician (559.621.8690) DATE: March 9, 2006 SUBJECT: Tentative Subdivision Map T-5599(Located east side of North Polk between West Shaw and Gettysburg Avenues) The Department of Public Works has reviewed the Vesting Tentative Subdivision Map proposed by A- Mark Investments LLC, on engineering plans prepared by Yamabe&Horn Engineering, Inc., dated February 9,2006. 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 Polk Avenue Sapium sebiferum-Chinese Tallow 2. Street Tree Planting by Developer:For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60'of street frontage, or one tree per lot having street frontage, whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works "Standard Specifications." c. Landscape plans 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&MA INTENA NCE RE Q UIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. 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 easement. Maximum slopes shall not exceed 4:1 with I foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. D. The water meter(s)serving the buffer landscaping shall 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 may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall submit Plans to the Public Works/Engineering Services showing the location and configuration of all median islands fronting the proposed project. 2. The Public Works Department will review and evaluate existing median island(s)for a determination of all necessary improvements prior to approval of Final Map. 3. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works Department 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 median is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the CFD2. If the outlots are to be included into the CFD2, the Department of Public Works will require approving landscape and irrigation plans prior to inclusion into the CFD2. TRAIL REQUIREMENTS 1. The trail shall be constructed in accordance with the "Master 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 for and within the trail. Construction plans shall be submitted and shall include landscaping and automatic drip irrigation design. Trail cross- sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review and approval.These plans shall be approved by the Department of Public Works. Landscaping within the regional/multipurpose trail shall include large,medium and low-growing shrubs planted from 3 to 6 feet apart depending on variety, and trees spaced approximately 25 to 45 feet apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with"Landscaped Buffer Development Standards." All planting areas shall be irrigated with an automatic system. City of lCr5ledn 111—"=-100201a N 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 2-7-06 TO Sandra Brock, Planner III DevelopmentDe artment, Planner FROM. Mike Schmidt, Supervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No.5599 The Fire Department has completed a review of the Vesting Tentative Tract Map 5599 which was submitted by Yamabe & Horn Engineering, Inc. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 3 miles of temporary and permanent Fire Station No. 16. This project is subject to city wide fire service fees. Provide residential hydrants and fire flows per Public Works standards with two sources of water. Access is not acceptable unless Barcus Ave. is connected at either the north or south. 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. IMPORTANT EIRE DEPARTMENT NOTICE TO ALL RESIDENTIAL DEVELOPERS AND BUILDERS P Recent amendments to the California Fire and Building Codes approved by the Fresno City Council have expanded the local fire sprinkler ordinance to include single-family and multi-family housing. The new requirements, with effective dates, are described below. The effective date applies to issuance of building permits for standard plan houses, or date of submittal for plan check for custom homes and multi-family and commercial residential developments. New single family/duplex housing (CBC R-3, 5000 sq. ft. or less) effective June 30, 2006: • A single fire sprinkler head, or State Fire Marshal listed wet chemical fire extinguishing system (approval of residential units is currently under review by the State), installed by a C-16 fire sprinkler contractor must be placed in all kitchens in accordance with Fire Department design guidelines. • All new model homes must have a complete fire sprinkler system installed per NFPA#13D and Fire Department design guidelines. Residential fire sprinkler .systems must be offered as an available option to the prospective buyer. New single family/duplex housing (CBC occupancy group R-3 over 5000 sq. ft.) effective September 28, 2006: • A complete NFPA#13R fire sprinkler system must be installed in accordance with Fire Department design guidelines. • The 5000 square foot area includes the living area and the attached garage. New residential development (apartments, condominiums, hotel/motel) with more than two dwelling units per building (CBC occupancy group R-1): • A complete NFPA#13R or NFPA#13 fire sprinkler system shall be installed in all R-1 buildings up to two stories. Exception: when exceptions to, or reductions in, Building Code requirements based on the installation of fire sprinklers are utilized in the building design, an NFPA#13 system is required. • A complete NFPA#13 system must be installed in all R-1 buildings three or more stories in height. Only a C-16 fire sprinkler contractor can install fire sprinklers in California. The C-16 is responsible for providing plans (as a deferred submittal) for NFPA#13D and #13R complete systems and obtaining permits from the Fire Department. The single kitchen fire sprinkler must also be installed by a C-16, however, this permit may be obtained by the "B" license holder or the C-16 under the single permit number issued for the house. Fire Dept. residential fire sprinkler design guides will soon be available on the web at www.fresno.ca.gov, see City Services at right, and click on Fire. SUBDIVISION REVIEW MEETING Tentative Tract No. 5599/UGM Page 2 A preliminary Subdivision Review Committee meeting regarding this tentative tract map is scheduled for Thursday, February 23,2006 at 9:00 a.m.in the Development Department,Room No.3054-S,Third Floor,South Wing, City Hall. The Subdivision Review Committee will review this tentative tract map with the subdivider and project engineer on Thursday,March 9,2006,at 3:00 p.m.in the Development Department,Room No.3054-S,Third Floor,South Wing, City Hall. Your attendance at the review meetings will be appreciated. However,if you are unable to attend and you have comments you wish to make, please send them prior to the meeting date to: Development Department Planning Division Land Division Section 2600 Fresno Street, Room 3043 Fresno,California 93721-3604 NOTE: Subdivisions in the Urban Growth Management(UGM)Area no longer require final action by the City Council. Council action will only be required if the proposed subdivision is appealed following Planning Commission consideration. However,Council consideration of any related rezoning application is required by the Fresno Municipal Code. cwp/S RCMEMO Cory of DEVELOPMENT DEPARTMENT DATE FEBRUARY 9,2006 TRACT MAPS TO: (1) MIKE SCHMIDT,Fire Department (1) CAPTAIN FOSTER, Police Department (1) NICK YOVINO, Director (1) GIL HARO (1) DARRELL UNRUH (1) WEST AREA COMMITTEE(Kevin Fabino) (1) ALAN KAWAKAMI (1) RICK SOMMERVILLE (1) JON BARTEL (1) RICHARD MADRIGAL (1) PAUL BERNAL(Addressing) (1) JERRY BISHOP (1) KARANA HATTERSLEY-DRAYTON (1) JOE SIMONE Planning&Development Department (1) MIKE KIRN, Assistant Director (1) JIM PALSGROVE/JOE PAFF (1) JOHN ALLEN (1) GARY WITZEL (1) SCOTT MOZIER/LOUISE MONROE Public Works Department (1) NEIL MONTGOMERY (1) DOUG HECKER (1) DONNA LESLIE Department of Public Utilities (1) JOHN DOWNS -Transit Planning Manager-FAX (1) DANNY YRIGOLLEN, FYI-Transportation (1) JERRY HAYNES, Parks Division (.1) ANN LILLIE, Engr Svc/Public Works. (3) ROBERT THOMPSON/FRANK DANIELE-Fresno Co Dept Public works&Planning/Stop#214 (1) FRESNO COUNTY ASSESSORS OFFICE/Stop#3 (1) CALTRANS,District 6, Marc Birnbaum, Attn: Steve Curti (2) JERRY LAKEMAN,Fresno Metropolitan Flood Control Dist. (3) PACIFIC GAS AND ELECTRIC COMPANY, (Fresno Div. Land) (3) S.B.C. CALIFORNIA (Don Daily-Public Work Coordinator) (1) FRESNO IRRIGATION DISTRICT (1) CENTRAL UNIFIED SCHOOL DISTRICT (1) U.S.DEPT. OF HOUSING AND URBAN DEVELOPMENT, Fresno (1) COMCAST BROADBAND/CABLE(Construction Management) (1) GAIL GLEASON, Manager, U.S. Postal Service/AMS (1) AMERICAN TELEPHONE AND TELEGRAPH COMPANY FROM: Sandra Brock,Planner III Planning Division SUBJECT: VESTING TENTATIVE MAP OF TRACT NO.5599/UGM Location: East side of North Polk Avenue between West Shaw and West Gettysburg Avenues CITY OF FRESNO ENVIRONMENTAL ASSESSMENT REQUEST FOR COMMENT/INFORMATION Page 1 of 2 COMMENT DEADLINE: FEBRUARY 23, 2006 FILE NO.: T-5599 TO: FIRE PREVENTION RETURN TO: PLANNING DIVISION Development Department 2600 Fresno Street Fresno, CA 93721-3604 ATTENTION: SANDRA BROCK Phone: (559) 621-8041 PROJECT DESCRIPTION: Vesting Tentative Tract Map No. 5599, a 61-lot single-family residential subdivision on 12.9 acres of R-1 zoned property located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues PLEASE LIST THE FOLLOWING: A. RELEVANT POLICIES FROM THE APPROPRIATE COMMUNITY PLAN, THE GENERAL PLAN, AND ITS SUBORDINATE ELEMENTS. B. THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT. C. SPECIFIC MITIGATION MEASURES THAT YOU WOULD RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS? DATE MAILED: FEBRUARY 9, 2006 Should you not respond by the date indicated for the comment deadline at the top of this page, it will be assumed that the project's impacts are not of a magnitude to merit response in terms of your particular expertise of area of concern. ---.---:PROJ/9 E.A. Request for Comment/information REQCOMM.FORM Page 2 of 2 THE INITIAL STUDY EVALUATING THE PROJECT SHOULD RESULT IN: ❑ AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environmental Impact Report. ❑ NEITHER OF THE ABOVE, THERE IS INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The following additional information should be provided: REVIEWED BY: III le- S'-IYvi& RtO� (Print Name, Title) (Signature) (Phone) 0 Check if you need a copy of the initial study Use this space for additional information if needed. ---.---:PROJ/2 E.A. Request for Comment/Information REOCOMM.FORM 6. if this project invo' -s a Site Plan Review and/or rezoning f. -in industrial use describe in detail the use intend (such as sheet metal fabrication, auto body painting, warehouse, meat packing, frozen food processing, truck trailer assembly, etc.): Nf� 7. Identify probable sources of noise generated by the proposed project that may affect the surrounding area. If noise is considered moderate or severe, describe measures to be taken to reduce the effect./lofZNt�L Noir DU/Lin�cl 60A1ST�t1.,_ lox) 8. Describe known sources of noise in the vicinity that may impinge upon the proposed project site: 9. Describe other characteristics of the proposed project that will cause smoke, odors, or gases: 10. Describe existing structures on the site and other site characteristics: 11. Describe the.existing use of the site and other site characteristics: 12. Adjoining Land Uses: (Example:North-new single story apartments) North R,5S/DEA17z4 L_ South Vct/T- CL-lLr/zC%� East Vd0_htT- lye61 ,T l-lDY!� lgex- - West 13. Is the proposed project site within 200 yards of an.existing or proposed freeway? ❑Yes/'1to.; Within 200 yards of a railroad? ❑ Yes N'` O. 14. It is the applicant's opinion that significant adverse effects-on the environment ❑will` will not result from the proposed project. 15. Other comments or information. Attach additional sheets if necessary. ENVIRONMENTAL ASSE"MENT APPLICATION 1. APPLICANT'S NAME: /-�'/I�fA,e,�' �NV�STiVIE�/75 L-2.0 REPRESENTATIVE: y'`�Njp� ty6 ADDRESS: 344.7 N- CG�D ADDRESS: f300 c'•�/YAw 5r 176, CITY&ZIP:F?zz:TiVOCITY&Zip:1:9-5W, 6� 937/0 TELEPHONE: '3Z, -�769 TELEPHONE: 244- g/23 SIGNATURE: I` SIS, G ATU Applicant's representative (if any) only will be sent copy of the comple environmental findings. If box is checked, the applicant will also be sent a copy' - 3. DESCRIPTION OF PROPOSED PROJECT: 3a. Narrative Description - (Describe outstanding characteristics , including architectural characteristics, type of construction, number of stories, activities resulting from the proposed project and other major features:) �1�/EG7 /l/lLL G NS/ST of /,�1�[E�AM/Ly /Ir510�lTifJL i7dAVL`ES ,IF 7a ���j /�tWV, �/L/LCO /�//'//S/�E 5, ,�/�v�G� .qND 2 •�TOd2Y Ll///TS I.C/��G- /�C I�,4iQ/� TTfiZGUG/�dLlT T�� 3b. Area of Parcel: /Z- `� (Acres/ r Square Feet 3c. Location of proposed project L A5T (come (side o A/. P,01-le Between �C/ �yr,Nrq iv�4 and E77' S91,fie6 Street Address: 4790 Al, 3d. Existing Zoning: 3e. Assessor's Parcel Number: 9//-290 -/9,/¢ 3f. Related entitlement process (indicate by ®) 'Rezoning: Proposed Zone(s) 'k Tentative Tract Map;if known, TT Map No. ❑ Site Plan Review ❑ Conditional Use Permit ❑ Parcel Map ❑ Other, Identify: - 4: If RESIDEN LTL:USE_is proposed,number of dwelling units:- 5. nits:_5. If NON-RESIDENTIAL USE is proposed.,identify: 5a. Non-residential Floor area: 5b. Estimated total number of employ . 5c. Total Number of off-street parking spaces provided: FOR STAFF USE ONLY DEVELOPMENT DEPARTMENT - CITY OF FRESNO Application No. ��M Date: 2(0•E�� P&Z No. O,j - 02 Received By: 1�.�• City of DEPARTMENT OF PUBLIC UTILITIES January 16, 2008 TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: (�,� I�)Chris Weibert, Provisional Management Analyst II �" Department of Public Utilities, Administration SUBJECT: TT 5599, Solid Waste Conditions of Approval—Revised Location: East side of North Polk between West Shaw and West Gettysburg Avenues The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5599 that was submitted by Yamabe & Horn Engineering, Inc. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5599 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code,.Section 9-405 Solid Waste Disposal Regulations, Section (c)(1 1)(i). No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 9-405 Solid Waste, Recycling and Green Waste Regulations, Section (c)(10)(i). No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. TT5599—Page 1 of 2 AmehJed Special Conditions: • Developer shall provide a minimum of a 40' foot radius (from curb face to curb face) in the cul-de-sac. • Developer shall provide a minimum 18' of unobstructed clearance at all entrances/exits and along the path the solid waste vehicle travels. • Provide a full street along lot 20. • Develop North Barcus Avenue through to West Rialto Avenue. • It shall be posted "No Parking" on the bulb-out on West Acacia Avenue. Covenant Requirements: • There shall be no parking allowed in the cul-de-sacs on the solid waste service day. All lots that are part of a cul-de-sac shall be clear of all vehicles by 5:30 a.m. Lots 45, 46, 47, 48, 49 and 50 on North Constance Avenue. • Those lots that are part of the bulb-out on West Acacia Avenue (potentially Lots 10 and 11) shall place their containers at the west side of Lot 65 on solid waste service days. V � a �1 �p v do —b 1Z� IZi R N 70 n 70 n ,P o f 8 9 10 11 12 I � (Jy � ti i _.. ��Tall}r1 IhL7 ?,."�_ i W �. JI[ N o � I4 65 /-41 IA T , 1 r .. - - - - ! 7� Z-.,9'7 2 W lq7CA: > 61 i a. m 1 K Z 7 4-z %4A -------------------- 1074,-32; T-- rl 77 Fresno A&AmwicaCD City of 11d.1.1 cQComlk1: 1000 r nC�- City Hall 559-621-8800 Public Works Department 2600 Fresno Street, Rm.4064 Patrick Wiemiller, Director Fresno,CA 93721-3623 www.fresno.gov September 7, 2007 TJKM Jose Luis Benavides, P.E. 516 W. Shaw Avenue, Suite 200 Fresno, CA 93704-2515 SUBJECT: REVIEW OF SAFE ROUTE TO SCHOOL STUDY FOR TRACT 5599 in the Northeast Quadrant of the Polk Avenue/Gettysburg Avenue intersection TIS07-022 dated August 28, 2007 APPROVED with conditions below We reviewed the Safe Route to School Study by TJKM for the proposed subject project and here are the following conditions: GENERAL COMMENTS and CONDITIONS 1. Construct a four-foot wide asphalt concrete (AC) path along the east side of Polk Avenue from Acacia Avenue south to the existing mid-block school crosswalk. The path should provide a minimum 4 feet of horizontal clearance from edge of pavement. 2. Construct an ADA accessible ramp on the east side of the crosswalk. 3. The existing crosswalk should be re-striped to accommodate the high visibility crosswalk design. An example of this crosswalk is located on Chestnut Avenue at Balch Avenue near Olmos Elementary just north of Kings Canyon Road. 4. The Assembly B signage for a school crosswalk should be located on both sides of the crosswalk. 5. Remove the existing tree on the east side of Polk Avenue immediately south of crosswalk to improve visibility. If you have any further questions regarding this matter, please contact me at (559) 621-8792 or bryan.ionesOfresno.gov . Sincerely, Bryan D. Jones, T.E. Traffic Engineering Manager Public Works Department, Traffic Engineering Division C: Traffic Engineering Reading File Copy filed with Traffic Impact Study Kevin Fabino, Planning&Development Dept. Mike Sanchez, Planning&Development Dept. Darrell Unruh, Planning&Development Dept. Sandra Brock, Planning&Development Dept. Louise Gilio,Traffic Planning Supervisor City of DATE: July 25 2006 Revision TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: TT 5599, Public Works Conditions of Approval (Polk between Shaw and Gettysburg) A-MARK INVESTMENTS LLC / Yamabe & Horn Engineering, Inc. The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Frontage Improvement Requirements: Major Streets: Polk Avenue: Arterial 1. Dedicate 50' of property, from center line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards. Reference Director's Determination No. 23. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Exhibit "D". A 2' pedestrian easement is required. 3. Construct 20' of permanent paving within the limits of this subdivision. Page 1 of 4 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\5500\T-5599 revision II POLK BTWN SHAW&GETTYSBURG.doc 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to Polk Avenue from all lots within this subdivision. Interior Streets: Dedicate, design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works Standards. Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. Specific Mitigation Requirements: 1. This tract will generate 46 a.m. /62 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 2. Streets exceeding 800' require traffic calming measures. Provide mini circles on: (7inside radius with a 12'mountable curb) a. Acacia Avenue at approximately lots 10 and 11. b. Barcus Avenue at approximately lots 26 and 27. 3. The intersection of Polk and Acacia Avenues shall be designed with a median opening to only allow for left turns-in. 4. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 5. Dedicate 31' (north side) and 17' (south side) of property and provide a median at the entrance located on Acacia at Polk: (7' residential pattern - 20' travel lane-8' median - 12' travel lane-1' for 6" A.C. dike). Provide a cross section on the map. 6. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for review and approval. 7. APN: 311-280-14 Dedicate (50' from center line) and construct full offsite improvements adjacent to the remainder on Polk Avenue for public health and safety and the orderly development of the surrounding area. Reference "The Subdivision Map Act", Chapter 1, Section 66424.6. Reference Director's Determination No. 23. Backing onto a major street is prohibited. Construct a circular or hammer head driveway. Include remainder in the map boundary. 8. APN: 311-280-04 Applicant shall submit an engineer's estimate for the value of transition paving and an estimate of full frontage improvements. The City of Fresno shall file a "Notice of Potential Lien" on the parcel for the cost of the permanent improvements constructed along the frontages. a. Polk Avenue: Dedicate to the ultimate right of way and construct a concrete curb and gutter with a 4' A.C. pedestrian path. PFeyide full G#Site imnrnVeMeRtc a1GRg the North State street frewagn PediGatiGRS required b. Acacia Avenue: Dedicate 17' to 13' on the south side and construct a 12' lane with an AC dike. c. Identify existing buildings and provide circular or hammer-head driveway approaches. Page 2 of 4 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\5500\T-5599 revision II POLK BTWN SHAW&GETTYSBURG.doc e ^ 10. North Barcus Avenue: a. Dedicate 26' of right of way for street purposes and construct (2)12' lanes (with drainage) from the southerly limits of Barcus (south of lot 29) to meet the existing street to the south (T-4217). Center line of proposed street shall be constructed with reverse curves (a minimum of 250' radii). b. East side: Dedicate 13' for street purposes across from lot 20. Construct a 12' travel lane with an A.C. dike. c. West side: Construct full offsite improvements from lot 20 to Santa Ana and 12' of permanent paving with an A.C. dike on the East side. Traffic Signal Mitigation Impact Fee: This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is $414.69 per single family unit, (fee rate as shown in the Master Fee Schedule). The intersection of Ashlan and Polk shall be signalized to the City of Fresno Standards, complete with left turn phasing, actuation and signal pre-emption. This work is eligible for reimbursement and/or credit against Traffic Signal Mitigation Impact Fees. The applicant shall design the traffic signal and obtain City approval of the plans prior to occupancy of the first dwelling unit. If the intersection meets signal warrants at the time of occupancy of the first unit, then the full traffic signal shall be installed. If the intersection does not meet warrants, then the traffic signal installation shall be limited to the following equipment: poles, safety lights, oversize street name sign, conduits, detectors, service pedestal connected to a PG&E point of service, controller cabinet, ITS vault, ITS communication cabinet and all pull boxes, with the following equipment to be delivered to the City of Fresno's Traffic Signal shop for future installation when warrants are met: 2070L controller, mast arms, heads, Opticom discriminator and receivers. UGM Requirements: N/A Page 3 of 4 T:\TRAFFIC ENGINEER ING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\5500\T-5599 revision II POLK BTWN SHAW&GETTYSBURG.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 ARE CLEARLY SHOWN ❑ PERTINENT FEATURES SUCH AS EXISTING PARCELS, RAILROADS, FID CANALS ❑ CONFORMS TO EXISTING CONDITIONS AT PROJECT LIMITS ❑ EXISTING LANE WIDTHS ARE CALLED OUT AT CONFORM AREAS ❑ GAD SHOWS PROPOSED WIDTH OF STREET R/W, CURB-TO-CURB DISTANCE, ALL TRAFFIC LANES, BIKE LANES, PARKING LANES AND MEDIAN ISLANDS ❑ GAD CALLS OUT TRANSITION LENGTHS AND TAPERS EXPRESSED AS TRANSITION LENGTH PER OFFSET WIDTH (I.E. 50:1 TAPER WOULD BE A 600' TRANSITION FOR A 12' OFFSET) ❑ ALL CURVE DATA IS CALLED OUT. WHERE CURVES ARE CONCENTRIC, ONLY THE C/L OR CURB LINE NEEDS TO BE CALLED OUT. ❑ THE C/L IS MATHEMATICALLY DEFINED WITH HORIZONTAL CONTROL IN CASES WHERE THE C/L DOES NOT FOLLOW THE SECTION LINE ❑ BEARINGS AND DISTANCES ARE PROVIDED WHERE THE C/L OF CONSTRUCTION (NEW C/L OR SECTION LINE) IS NOT PARALLEL TO THE PROPOSED R/W, OR WHERE THE TWO SIDES OF A DIVIDED ROADWAY ARE NOT PARALLEL. ❑ SHOW TRUCK TURNING TEMPLATES FOR ALL DUAL LEFT OR DUAL RIGHT TURNS AND ROUNDABOUTS ❑ CROSSWALK LAYOUTS MEET CITY STANDARDS (4' FROM FACE OF CURB AT RAMP, 10' WIDE, NO DOGLEGS, MEDIAN NOSES CLEAR OF CROSSWALK) ❑ PLANS INCLUDE PROJECT REFERENCE INFORMATION (Site Plan No., C.U.P. No., Rezone No., Parcel Map No. or C.I.P. No. (PW ID, Fund, Org, KRA), NORTH ARROW, SCALE, TITLE BLOCK, OWNER'S NAME, ENGINEER PREPARED BY) ❑ FOR PROJECTS INCLUDING SIGNIFICANT VERTICAL GRADE CHANGES INCORPORATING MULTIPLE GRADE BREAKS OR VERTICAL CURVES, THE GAD SHOULD INCLUDE A PROPOSED MAJOR STREET C/L PROFILE (NOT NECESSARY FOR TYPICAL ROUTINE PROJECTS) Page 4 of 4 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\5500\T-5599 revision II POLK BTWN SHAW&GETTYSBURG.doc City of PUBLIC WORKS DEPARTMENT DATE: June 16, 2006 TO: SANDRA BROCK, Planner III Planning and Development Department FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5599 AND COMMUNITY FACILITIES DISTRICT The Conditions of Approval for Vesting Tentative Tract 5599 shall include the following language to ensure that ongoing perpetual maintenance of the works of improvement described herein are the sole responsibility of the Subdivider and shall not be the responsibility of the City. As may be described below, the Subdivider may shift his/her/its responsibility for maintenance of these items to future owners of the subject parcels of the proposed tentative tract map provided the Subdivider complies with the provisions described in this memorandum. 1.The Subdivider shall be responsible for ongoing maintenance of the following items: ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street easements (including Y2 of medians) and the landscape easements along the property lines that side or back-onto N. Polk Avenue. ■ Maintenance of all Landscaping, Irrigation Systems and Trail facilities as approved by the Public Works Department within any public trail or open space easements designated for this tentative map. ■ Maintenance of all local street: Landscaping, Pavement, Curbs, Gutters, Sidewalks, Medians and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. This includes 100% of W. Acacia and Yz of N. Barcus north of Acacia within the tentative map. ■ Maintenance and operating costs of all local street Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. Hereinafter, the above listed items shall be collectively referred to as "above listed maintenance responsibilities." 2. The CFD may NOT be used to maintain any portion of residential front yards. 3. The City will not accept ownership of property for landscaping, trails and open spaces. These will be accepted only as easements or in a form acceptable to the City Engineer. 4. The Subdivider may elect and the Council may decide to have the above listed maintenance responsibilities become the responsibility of a Community Facilities District("CFD"). If the Subdivider elects to petition the Council to include the above listed maintenance responsibilities in a CFD, the selection of which CFD (including the creation of a new CFD)shall be the responsibility of the Public Works Director or his/her designee. 5. If the Subdivider does not elect or the Council does not decide to have the above listed maintenance responsibilities become the responsibility of a CFD, the Subdivider shall establish a Home Owners Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. 6. Notwithstanding the above, as an alternative to the Subdivider being responsible for the maintenance of local: streets, curbs, gutters and sidewalks, and this above listed maintenance responsibility only: The Subdivider shall utilize the following design criteria for the construction of internal streets within the development: • The minimum pavement structural section shall be 2.5" of asphalt concrete over 4" of base rock placed on compacted subgrade per City standards. Additional structural section thicknesses may be required based on the geotechnical analysis of the sub-soils. The placement and timing of the AC lifts shall be approved by the Public Works Director. The intent of this requirement is to provide a 20 year life of the street. • The City, at the developers cost,shall have the final streets, curbs, gutters and sidewalks certified by a registered civil engineer stating that the constructed improvements meet or exceed the approved structural section design. This will include taking core samples at a frequency and location determined by the Public Works Director. At the discretion of the Public Works Director, additional testing shall be performed to determine the remaining useful life of the pavement. In the event the testing reveals that the remaining useful life of the street is less than 20 years, the developer shall be required to take the necessary actions to increase the useful life. ■ Developer warrantees the streets, curbs, gutters and sidewalks for a period of three years after acceptance and secures the warrantee with a performance bond in an amount approved by the Public Works Director. • All trees planted shall be certified as planted to City standards and specifications by a registered landscape architect with written certification submitted to the City's Construction Management Division. 7. Construction plans for all features to be maintained by a CFD for a final map shall be included with the request for CFD annexation to be submitted to the Development Department for processing. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. Quantities for all interior: street paving, curbs, gutters, sidewalks, streetlights, street trees and street signs will be submitted with the CFD annexation request letter. Contact Joe Paff at 621-8695 for data requirements. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me at 621-8695 File:\wp\cfd2\ttm a p reviews\tract\tt5599 City of DEPARTMENT OF PUBLIC UTILITIES March 6, 2006 TO: Sandra Brock, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operationsw/_ Department of Public Utilities, Solid Waste Division p l FROM: Donna Leslie, Provisional Management Analyst I Department of Public Utilities, Administration SUBJECT: TT 5599, Solid Waste Conditions of Approval Location: East side of North Polk between West Shaw and West Gettysburg Avenues The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5599 that was submitted by Yamabe & Horn Engineering, Inc. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5599 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 9-405 Solid Waste, Recycling and Green Waste Regulations, Section 10, 1. No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. TT5599—Page I of 2 Special Conditions: • Developer shall provide a minimum of a 40' foot radius (from curb face to curb face) in the cul-de-sac. • Developer shall provide a minimum 18' of unobstructed clearance at all entrances/exits and along the path the solid waste vehicle travels. • Provide a full street along lot 20. • Develop North Barcus Avenue through to West Rialto Avenue. Covenant Requirements: • There shall be no parking allowed in the cul-de-sacs on the solid waste service day. All lots that are part of a cul-de-sac shall be clear of all vehicles by 6:00 a.m. Lots 45, 46, 47, 48, 49 and 50 on North Constance Avenue. TT5599—Page 2 of 2 J:AConditions of Approval TT5599 OFFICES OF II��I�� �AT� �� J �I►�� R � PHONE(559)233-7161 rte = FAX(559)233-8227 2907 SOUTH MAPLE AVENUE A — FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water February 14, 2006 Ms. Sandra Brock FEB 17 2Q�6 City of Fresno Development Department Planning plvlsartment CITY Planning Division CE F Dep CITY OF FRESNO 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 RE: VTTM No. 5599 — FID's Teague School No. 46 Pipeline Dear Ms. Brock: FID's comments.and requests are as follows:. 1. FID's 'Teague School..No. 46 pipeline traverses the subject property in an exclusive easement recorded:on January 4, 1963 as.-Document No. 980, in Book 4804 Page 61, Official Records of Fresno County. 2. The pipeline was installed as 30" diameter cast-in-place monolithic concrete pipe (CIP). CIP is a non-reinforced pipe that is easily damaged, extremely prone to leakage and does not meet FID's minimum standards for developed areas. FID requires the applicant replace the existing pipe with new 30" diameter rubber gasket reinforced concrete pipe (RGRCP) ASTM C-361, A-25 in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. ?. The pipeline cu':vert under Polk Avenue was installed in 1962, FID recc=rrends the culvert be replaced with 30" diameter rubber gasket reinforced concrete pipe (RGRCP) ASTM C-361, A-25 as part of this project. Also, if any street improvements to the west side of Polk Avenue are proposed with this project FID will require the applicant grant to FID an additional easement sufficient to provide for a total 15' foot wide pipeline easement adjacent to the ultimate street right-of-way and replace the existing pipeline with 30" diameter rubber gasket reinforced concrete pipe (RGRCP) ASTM C-361, A-25 for the entire length of the improvement area. 4. FID does not allow FID owned property or easements to be in common use with public utility easements but will, in certain instances, allow its property to be in common use with landscape easements if the City of Fresno enters into an appropriate agreement with FID. FID requires all block walls and fences be located outside of its property and easements. Agencies\City\TM5599 BOARD OF President JACOB ANDRESEN, Vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY,EDDIE NIEDERFRANK,STEVEN G.BALLS, General Manager GARY SERRATO February 14, 2006 Ms. Sandra Brock Page 2 of 2 5. FID requires its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 6. FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 7. FID requires the applicant enter into an Encroachment Agreement with FID for all permanent improvements placed on or constructed within FID's easement. 8. FID requests the applicant be exempted from any condition that would require the construction of public facilities or conveyance of deeds or easements within FID's canal easement to any other party without FID's written consent. 9. FID may have additional comments regarding the subject proposal and suggests the applicant and or the applicants engineer contact FID at their earliest convenience. 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 bjohnsongfresnoirrigation.com. Sincerely, ret Johnson Engineering Technician I cc: A-Mark Investments LLC Yamabe & Horn Engineering, Inc. Agencies\City\TM5599 I � J I m p� o D tlm C) D � 4 < o o m - z Z _0 0 U A I�1 CF) n P_OLK � 1 D ELLENDALE O * II D Jl I m b � , o a 0 2 a4 11 f D III STATE K E Q p- � _ z 22 22 D N N O OW 0 D < W z m D D z D BARCUS AVE 0 B c N N �n O w O D N "' C n m cn m z � m m City of DEVELOPMENT DEPARTMENT DATE FEBRUARY 9,2006 TRACT FEB 0 9 2006 MAPS 13Y: �J TO: (1) MIKE SCHMIDT, Fire Department (1) CAPTAIN FOSTER,Police Department (1) NICK YOVINO,Director (1) GIL HARO (1) DARRELL UNRUH (1) WEST AREA COMMITTEE(Kevin Fabino) (1) ALAN KAWAKAMI (1) RICK SOMMERVILLE (1) JON BARTEL (1) RICHARD MADRIGAL (1) PAUL BERNAL(Addressing) (1) JERRY BISHOP I FEB 17 2006 (1) KARANA HATTERSLEY-DRAYTON Planning Division (1) JOE SIMONE Development Department Planning&Development Department L!7Y OF FRESNO (1) MIKE KIRN, Assistant Director (1) JIM PALSGROVE/JOE PAFF (1) JOHN ALLEN (1) GARY WITZEL (1) SCOTT MOZIER/LOUISE MONROE Public Works Department (1) NEIL MONTGOMERY (1) DOUG HECKER (1) DONNA LESLIE Department of Public Utilities (1) JOHN DOWNS -Transit Planning Manager-FAX (1) DANNY YRIGOLLEN,FYI-Transportation (1) JERRY HAYNES,Parks Division - :(1). - ANN-LI UE,Engr Svc/Public Works ""(3) ROBERT THOMPSON/FRANK DANIELE-Fresno Co Dept Public wales&Ptanning/scop#2I4 (1) FRESNO COUNTY ASSESSORS OFFICE/Stop#3 (1) CALTRANS,District 6,Marc Birnbaum, Attn: Steve Curti (2) JERRY LAKEMAN,Fresno Metropolitan Flood Control Dist. (3) PACIFIC GAS AND ELECTRIC COMPANY, (Fresno Div. Land) (3) S.B.C. CALIFORNIA (Don Daily-Public Work Coordinator) (1) FRESNO IRRIGATION DISTRICT (1) CENTRAL UNIFIED SCHOOL DISTRICT (1) U.S.DEPT. OF HOUSING AND URBAN DEVELOPMENT,Fresno (1) COMCAST BROADBAND/CABLE(Construction Management) (1) GAIL GLEASON,Manager, U.S. Postal Service/AMS (1) AMERICAN TELEPHONE AND TELEGRAPH COMPANY FROM: Sandra Brock, Planner III Planning Division SUBJECT: VESTING TENTATIVE MAP OF TRACT NO.5599/UGM Location: East side of North Polk Avenue between West Shaw and West Gettysburg Avenues SUBDIVISION REVIEW MEETING Tentative Tract No. 5599/UGM Page 2 A preliminary Subdivision Review Committee meeting regarding this tentative tract map is scheduled for Thursday, February 23,2006 at 9:00 a.m.in the Development Department,Room No.3054-S,Third Floor,South Wing, City Hall. The Subdivision Review Committee will review this tentative tract map with the subdivider and project engineer on Thursday,March 9,2006,at 3:00 p.m.in the Development Department,Room No.3054-S,Third Floor,South Wing,City Hall. Your attendance at the review meetings will be appreciated. However, if you are unable to attend and you have comments you wish to make, please send them prior to the meeting date to: Development Department Planning Division Land Division Section 2600 Fresno Street,Room 3043 Fresno,California 93721-3604 NOTE: Subdivisions in the Urban Growth Management(UGM) Area no longer require final action by the City Council. Council action will only be required if the proposed subdivision is appealed following Planning Commission consideration. However,Council consideration of any related rezoning application is required by the Fresno Municipal Code. cwp/SRCMEMO File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager A-MARK INVESTMENTS L.L.C. Planning & Development Department 3447 N. CLEO City of Fresno FRESNO, CA 93722 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5599 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " All - DRAINAGE AREA "M $66,571.00 DATE DRAINAGE AREA " - - TOTAL FEE $66,571.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District O in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: 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. 5599 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document File No. 210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager A-MARK INVESTMENTS L.L.C. Planning & Development Department 3447 N. CLEO City of Fresno FRESNO, CA 93722 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5599 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " AH " " - " DRAINAGE AREA " AH " $66,571.00 DATE DRAINAGE AREA - it - TOTAL FEE $66,571.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the tD California Environmental Quality Act and the National Environmental Policy Act. The District O in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: 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. 5599 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. X a. Drainage from the site shall be directed to N. Barcus Ave. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. X c. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. To., pa- available rh,ough e a d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessating appropriate floodplain management action. (See attached Floodplain Policy.) 5599 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. Z State General Permit for Storm Water Discharges Associated with Construction O Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non- storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5599 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. erald E. Lakeman, Proj ct ngineer: Mitzi M.Molina District Engineer C: YAMABE & HORN 1300 E. SHAW AVE., SUITE 176 FRESNO, CA 93710 5599 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. g. 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. erald E. Lakeman, Proj ct ngineer: Mitzi M.Molina District Engineer C: YAMABE & HORN 1300 E. SHAW AVE., SUITE 176 FRESNO, CA 93710 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. 311-280-04 C ti-- 559 311-280-14 Lj 311-280-05 LLJY BASIN"AH2" I � „ „ GETTYSBURG AVE. _ I MTT�l LEGEND o--— Existing Master Plan Facilities Future Master Plan Facilities Direction Of Drainage Drainage Area Boundary SCALE V=300' TRACT 5599 EXHIBIT N0. 1 DRAINAGE AREA: "AH" FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY: RC DATE: 7171/08 KAuwcadDWGSWE%HIBITITRACTSti5SNd-9 REVISED BY: — DATE: — OTHER REQUIREMENTS EXHIBIT NO. 2 The Master Plan drainage facilities to serve the area of Tract 5599 have been constructed by previous phases of Tract 4217. The developer's engineer must design the street grading for Tract 5599 to drain to North Barcus Avenue. Permanent drainage services will be available upon completion of the Barcus Avenue street alignment. The District recommends temporary facilities until permanent service is available. The District recommends a stub street to the west of Tract 5599. This is necessary to provide surface drainage from APN No. 311-280-05 and 14 to the existing Master Plan inlets located in Barcus Avenue as shown on Exhibit No. 1. If the stub street is not constructed the developer of Tract 5599 must provide a method of storm water conveyance to allow drainage from APN 311-280-05 and 14 to reach the existing Master Plan inlet located in Barcus Avenue. This mitigation must be reviewed and approved by the District prior to implementation. A minimum fifteen-foot (15') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Development No. Tract 5599 engr\permit\e xh i biOtract\5 599(rnm) CITY OF FRESNO ENVIRONMENTAL ASSESSMENT REQUEST FOR COMMENT/INFORMATION Page 1 of 2 COMMENT DEADLINE: FEBRUARY 23, 2006 FILE NO.: T-5599 TO: Fresno Metropolitan Flood RETURN TO: PLANNING DIVISION Control District Development Department 2600 Fresno Street Fresno, CA 93721-3604 ATTENTION: SANDRA BROCK Phone: (559) 621-8041 PROJECT DESCRIPTION: Vesting Tentative Tract Map No. 5599, a 61-lot single-family residential subdivision on 12.9 acres of R-1 zoned property located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT. 12 7P a Ala77;cE o f .eF,Qd.,e ,E,v F.2 7.-,� sS 9'� PLEASE LIST SPECIFIC MITIGATION MEASURES THAT YOU WOULD RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS. 5f4"I' f15 X30✓F DATE MAILED: FEBRUARY 9, 2006 Should you not respond by the date indicated for the comment deadline at the top of this page, it will be assumed that the project's impacts are not of a magnitude to merit response in terms of your particular expertise of area of concern. --.---:PROJ/12 E.A. Request for Comm ent/lnformation REQCOMM.FORM Page 2 of 2 THE INITIAL STUDY EVALUATING THE PROJECT SHOULD RESULT IN: ❑ AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environmental Impact Report. ❑ NEITHER OF THE ABOVE, THERE IS INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The following additional information should be provided: REVIEWED BY: <57-0-0%2- (Print Name, Title) (Signature (Phone) ❑ Check if you need a copy of the initial study Use this space for additional information if needed. ---.---:PROJ/2 E.A. Request for Comment/]nformation RFOCOMM.FORM Pacific has a 4 flectric Company Corporate Real Estate 650 "0"Street, Bag 23 South Valley Land Services Fresno, CA 93760-0001 February 23, 2006 V Development Department FEB 2 7 2096 Engineering Services Division Land Division Section IJ rJ V� 1 .r:,�P 2600 Fresno Street, Room 3043 nt Fresno, CA. 93721-3604 Attn: Ms. Sandra Brock Dear Ms. Brock; We have reviewed Tentative Tract Map No. 5599. PG&E requests that a Public Utility Easement (PUE), ten feet (10') in width, be dedicated contiguous to all street(s) boundaries located within and along any portion of said Tract Map boundaries fronting any street(s) lying outside of said Tract Map. PG&E also requests that a PUE be incorporated within all private roads. PG&E may further require an easement from the property owner(s) over the newly created PUE's. The exact size and locations of the PUE's together with the need for an easement will be finalized on the final map review. PG&E's records show no gas or electric transmission facilities irr the area. Existing gas or electric facility relocations necessitated by new street improvements (which are required as conditions of a development's final acceptance by the City of Fresno) will be at the expense of the developer. Thank you for the opportunity to review the plans of this Tentative Tract Map. If you have any questions, please contact me at 263-5167. Sincerely eyyletten Land Agent San .Joaquin Valley Air Pollution Control District February 16, 2006 Reference No. C20060243 F )E City of Fresno Planning Division 2006Attn. Sandra Brock FEB 2 2 2600 Fresno Street Fresno, CA 93721-3604 Subject: Vesting Tentative Tract Map No. 5599—A-Mark Investments, LLC (APN: 311-280-13, 14) Dear Ms. Brock: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and particulate matter (PM10 and PM2.5). Preliminary analysis indicates that this project alone would not generate significant air emissions. However, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley: A concerted effort should be made to reduce project- related emissions as outlined below: Based on the information provided, the proposed project will.be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Rules. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions) Rules 8011-8081 are designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demolition activities, road construction, bulk materials storage, paved and unpaved roads, carryout and 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.valleyair.org/busind/comply/PM10/Req°/`20VII I%20CAB.pdf. A template of the District's Dust Control Plan is available at http://www.valleyair.org/busind/com pIV/PM 10/forms/DCP-Form%20-%2012-01-2005.doc. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4002 (National Emission Standards for Hazardous Air Pollutants) In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures on the Ms. Brock February 16,2006 T-5599 Page 2 project site may be required to identify the presence of any asbestos containing building material (ACBM). Any identified ACBM having the potential for disturbance must be removed by a certified asbestos contractor in accordance with CAL-OSHA requirements. If you have any questions concerning asbestos related requirements, please contact Mr. Brian Dodds of this office at (559) 230- 5962, Ms. Jan Sudomier at (209) 557-6422, Mr. Sherman Yount at (661) 326-6933 or contact CAL- OSHA at (559) 454-1295. The District's Asbestos Requirements Bulletin can be found at: http://valleyair.org/busind/comply/asbestosbultn.htm. Rule 4601 (Architectural Coatings) limits volatile organic compounds from architectural coatings. This rules specifies architectural coatings storage, clean up and labeling requirements. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1, 2004, 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2) dwelling units per acre. 5.3.2 No person shall install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. 5.3.3 No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found at our website- www.valleyair.org. For compliance assistance, please contact Mr.Wayne Clarke, Air Quality Compliance Manager, at 230-5968. Rule 4902 (Residential Water Heaters) limits emission of NOx from residential developments. The District encourages innovation in measures to reduce air quality impacts. There are a number of features that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City development standards. Any measure selected should be implemented to the fullest extent possible.) The suggestions listed below should not be considered all-inclusive and remain options that 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.org • If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public or mass transit will help mitigate trips generated by the project. Direct pedestrian access to the main entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Ms. Brock February 16, 2006 T-5599 Page 3 • As many energy-conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency (above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E) - Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at http://www.aqmd.gov/business/brochures/zerovoc.html - High-albedo (reflecting) roofing material. See http://eetd.Ibl.gov/coolroof/ - Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.htmi - 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.consumerenergyicenter.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 http://www.arb.ca.gov/fuels/diesel/altdiesel/altdiesel.htm and the EPA's website at htto://www.eoa.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 http://www.arb.ca.gov/msprog/offroad/cert/cert.php. For more information on any of the technologies listed above, please contact Mr. Chris Acree, Senior Air Quality Specialist, at (559) 230- 5829. • Construction equipment may be used that meets the current off-road engine emission standard (as certified by the CARB), or be re-powered with an engine that meets this standard. Tier I, Tier II and Tier III engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the CARB, see http://www.arb.ca.gov/msprog-/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. Rule 9510 requires construction exhaust emissions to be reduced by 20 percent for NOx and 45 percent for PIM 10 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. Ms. Brock February 16, 2006 T-5599 Page 4 • 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. Sincerely, Pebt:�ie Johnso Air Quality Planner Central Region DJ:CX t Enclosures c.•file I CD LLD CD - - o CM cm -. rte+-•-c ••..�. � I._..� -- ' .i i - i 7.� .' !� �. Ur � - O o o _ _ cn CIO CL 00, CIO _ � �. sok-.!"r_ � .' :Y' :• � .. aT O cn � � o' N G� � m m U-, W >. -- o p Lo V C7 N U O O C O u0'] C •o a7 O. .Z L L p7 y to ty C p •� tj. +- O ,Ow O C .y ccO u. 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Y o o CD CD - w co a o Q a) ca 'c a) a) a� a) a) p n O a) _ o o �- m . c ca a) a p m n m �' o c o o m a, a) m ca ca co c Q E n � a) o U m c „ ? ami o cn ca ca > > _ = Q w m a) (/) m o .c E a) c' a) U U f m > > zT CT 0- Q n o is a) c + c o a o E o E O N.. U M .C' -O cr C- rn rn rn rn O O Y m .� O U '3 c Y ` a) �- a x a N v) n o 0 0 0 0 0 a O o �.: -o`. c m. "dpi1-1 aJ 0 0 0 0 0 0 0 __ — _ _ '� p N Q 0 0 0 0 0 0 (=T O") U O) Cn U .O Q) C O N OU CD CD U .E L 'O r C O O O O O Lo m O a) _ cin(D O Q) O O O O L aJ O ,C a O ca- a-) N Q] N N M O '� O C L L C1 U > O CD U r� OG = c San .Joaquin valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN October 2004 Fugitive Dust Control at Construction Sites: New Requirements Regulation VIII, Fugitive PM10 Prohibitions, of the. District's Rules and Regulations apply to activities that generate fugitive dust. Fugitive dust is emitted into the air by activities that disturb the soil, such as from earthmoving activities and vehicular/equipment traffic on unpaved surfaces. Windblown dust is also of concern at construction sites. The District adopted Regulation VIII in 1993 and its most recent amendments became effective on October 1, 2004. This is a basic summary of the regulation's requirements as they apply to construction sites. Visible Dust Emissions (VDE) may not exceed 20% opacity during periods when soil is being disturbed by equipment or by wind at any time. Visible Dust Emissions opacity of 20% means dust that would obstruct an observer's view of an object by 20%. District inspectors are state certified to evaluate visible emissions. Dust control may be achieved by applying water before/during earthwork and onto unpaved traffic areas, phasing work to limit dust, and setting up wind fences to limit wind blown dust. Soil Stabilization is required at regulated construction sites after normal working hours and on weekends and holidays. This :requirement also applies to inactive construction areas such as phased projects where disturbed"land is left unattended. Applying water to form a visible crust on the soil and restricting vehicle access are often effective for short-term stabilization of disturbed surface areas. Long-term methods including applying dust suppressants and establishing vegetative cover. Carryout and,Trackout occur when materials from emptied or 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 93 72 6-02 44 Bakersfield, CA 9330 1-23 73 (209) 557-6100 ♦ FAX(209)557-6475 (559) 230-6000 ♦ FAX(559) 230-6062 (661) 326-6900 ♦ FAX(66 1)3.26-6985 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 surfacearea. • 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 '/z 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: I www.valleyair.org MEN.WIMP' H yt •, n j pec.6�'i': �;,�Y'•; e n f �'SY- a 'c '-. ADr LOv r 4� d > y /r1 3 ` a) 3 e cn +. 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