HomeMy WebLinkAboutT-5608 - Conditions of Approval - 8/8/2016 01 ofOhm w REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO.IX-E
COMMISSION MEETING 8/6/08
August 6,2008 . APPROVEDBV
FROM: GILBERP J.1F9ARO,Planning Manager
Planning Division DEPARTM DIRECTO
BY: DAVID BRAUN,Planner III
Planning Division dyr'
SUBJECT: CONSIDERATION OF REZONE APPLICATION NO.R-06-63,VESTING
TENTATIVE TRACT MAP NO.5608/UGM,CONDITIONAL USE PERMIT
APPLICATION NO.C-06-252 AND ENVIRONMENTAL FINDING FOR
ENVIRONMENTAL ASSESSMENT NO.R-06-63/T-5608/C-06-252
EXECUTIVE SUMMARY
Rezone Application No. R-06-63 proposes to rezone from the AE-5/UGM (Agricultural Exclusive-Five
Acre Minimum/Urban Growth Management) to the R-2/UGM (Low Density Multiple Family
Residential/Urban Growth Management) zone district on approximately 8.8 acres (net) of property
located on the north side of West Santa Ana Avenue between North Hayes and North Polk Avenues.
The applicant,Midstate Investors,LLC and WEM Properties Inc.,has also filed Vesting Tentative Tract
Map No.5608/UGM proposing to subdivide the subject property into a 27-lot(102 unit) multiple family
residential planned development subdivision at an overall density of 11.6 units per acre. Conditional
Use Permit Application No.C-06-252 proposes to develop the subject site with a 102-unit multiple family
residential project as a planned development with reduced lot sizes and building setbacks and common
open space. The applications would bring the subject property into conformance with the 2025
Fresno General Plan,West Area Community Plan and the Highway City Neighborhood Specific
Plan, The rezone and conditional use permit applications and subdivision map are supported by staff.
PROJECT INFORMATION
PROJECT A 27-lot (102 unit) multiple-family residential planned development
subdivision on 8.8 acres (net) of property to be developed at an
overall density of 11.6 dwelling units per acre
APPLICANT Midstate Investors,LLC and WEM Properties Inc.(Engineer:
Harbour and Associates)
LOCATION North side of West Santa Ana Avenue between North Polk and North
Hayes Avenues
(Council District 2,Councilmember Xiong)
SITE SIZE 8.8 acres(net)
LAND USE Existing Vacant
Proposed - Multiple Family Residential
ZONING Existing - AE-5/UGM (Agricultural Exclusive-Five Acre Minimum/
Urban Growth Management)
Proposed - R-2/UGM (Low Density Multiple Family Residential/
Urban Growth Management)
REPORT TO THE PLANNING COMMISSION
Rezone Application No.R-06-63
Conditional Use Permit No.C-06-252
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 2
PLAN DESIGNATION The proposed R-2/UGM zone district and 102-unit multiple family
AND CONSISTENCY residential planned development is consistent with the 2025 Fresno
General Plan, West Area Community Plan and Highway City
Neighborhood Specific Plan designation of the site for medium high
density residential planned land uses
ENVIRONMENTAL FINDING Finding of Conformity to the 2025 Fresno General Plan Master
Environmental Impact Report (MEIR) No. 10130 dated April 26,
2007.
PLAN COMMITTEE The West Area Community Plan Advisory Committee reviewed the
RECOMMENDATION project on January 29,2007 and recommended approval.
STAFF RECOMMENDATION Recommend approval of rezone application and approve vesting
tentative tract map and conditional use permit subject to compliance
with the Conditions of Approval for T-5608/UGM dated August 6,
2008 and C-06-252 dated August 6,2008.
BORDERING PROPERTY INFORMATION
� I
Planned Land Use Existing Zoning Existing Land Use
AE-5/UGM
(Exclusive Five Acre Vacant
North Office Commercial Agricultural/Urban Growth
Management)
R-1/UGM
Medium Density Residential (Single Family
South Residential/Urban Growth Single Family Residential
Management)
AE-5/UGM
(Exclusive Five Acre
East Medium High Density Residential Agricultural/Urban Growth Rural Residential
Management)
AE-5/UGM
West Medium High Density Residential (Exclusive five acre-Agricultural Rural Residential
/Urban Growth Management)
REPORT TO THE PLANNING COMMISSION
Rezone Application No.R-06-63
Conditional Use Permit No.C-06-252
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 3
ENVIRONMENTAL FINDING
An environmental assessment initial study was prepared for this project in accordance with the
requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included
the distribution of requests for comment from other responsible or affected agencies and interested
organizations.
Preparation of the environmental assessment necessitated a thorough review of the proposed project
and relevant environmental issues and considered previously prepared environmental and technical
studies pertinent to the West Area Community Plan area including the Master Environmental Impact
Report (MEIR No. 10130) for the 2025 Fresno General Plan. These environmental and technical
studies have examined projected sewage generation rates of planned urban uses, the capacity of
existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing
capacities;groundwater aquifer resource conditions; water supply production and distribution system
capacities; traffic carrying capacity of the planned major street system; and, student generation
projections and school facility site location identification.
The study indicates that the project, if approved,would conform to the land use designation and land
use policies of the 2025 Fresno General Plan and is within the scope of the Master Environmental
Impact Report No.10130. In addition,pursuant to Public Resources Code,Section 21157.6(b)(1),staff
further finds that no substantial changes have occurred with respect to the circumstances under which
the MEIR was certified and that no new information, which was not known and could not have been
known at the time that the MEIR was certified as complete,has become available. Therefore,staff has
issued a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report
(MEIR No. 10130), dated April 26,2007, which incorporates a MEIR Mitigation Monitoring Checklist.
This environmental finding was properly published and noticed on April 26, 2007, with no comments
received.
BACKGROUND/ANALYSIS
The applicant, Midstate Investors, LLC and WEM Properties Inc., has filed Rezone Application No. R-
06-63, Conditional Use Permit Application No. C-06-252 and Vesting Tentative Tract Map No.
5608/UGM for approximately 8.8 (net) acres of property located on the north side of West Santa Ana
Avenue between North Hayes and North Polk Avenues. The rezone application proposes to reclassify
the subject property from the AE-5/UGM (Agricultural Exclusive-Five Acre Minimum/Urban Growth
Management) zone district to the R-2/UGM (Low Density Multiple Family Residential/Urban Growth
Management) zone district. Vesting Tentative Tract Map No. 5608/UGM proposes to subdivide the
8.8-acre site into a 27-lot(102 unit) multiple family residential planned development subdivision at an
overall density of 11.6 dwelling units per acre. Conditional Use Permit Application No. C-06-252
proposes to allow for the development of the 102-unit multiple family residential project as a planned
development with modified building setbacks and lot sizes. The project proposes a 20-foot building
setback along the southerly boundary(Santa Ana Avenue), a 5-foot setback along the east and west
property lines (side yards) and a minimum 16-foot building setback along the northerly property line
(rear yard).
The project proposes development of the site with a 27 lot (102-unit) multiple family residential
development with private streets. The project consists of sixteen two-story fourplex and nineteen two-
story duplex structures. The subdivision map consists of 27-lots which range in size from 10,310 to over
REPORT TO THE PLANNING COMMISSION
Rezone Application No.R-06-63
Conditional Use Permit No.C-06-252
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 4
20,000 square feet. Twenty three of the lots will have four units,one lot will have eight units and one lot
will have two units.There are two lots that contain common open space.The units will be 3 bedroom/2
bath and 2 bedroom/2 bath units and will range in size from 1,018 to 1,180 square feet.
The planned development helps meet several of the goals of the 2025 Fresno General Plan. One of
these goals, Goal Number 8 of the 2025 Fresno General Plan indicates that the city shall provide
opportunity for a variety of affordable housing throughout the metropolitan area. Appendix A of the
2025 Fresno General Plan provides guiding principles for the Land Use Element of the 2025 Fresno
General Plan by promoting development that utilizes urban land use as efficiently as possible. One
such objective,Land Use/Residential Objective C-9,is aimed at"Planning for the diversity and quality of
residential housing,at locations necessary to provide for adequate and affordable housing opportunities.
Housing patterns should support balanced urban growth and should make efficient use of resources and
public facilities. Since this project allows for a relatively low density multiple family residential
development,it will help to accomplish this objective.
On November 19,2002,the City Council,through Resolution No.2002-379,adopted the 2025 Fresno
General Plan which also adopted the West Area Community Plan and Highway City Neighborhood
Specific Plan. The West Area Community Plan designates the subject property for medium high(10.38
to 18.15 dwelling units per acre) density residential land uses. The applicant wishes to pursue
development of the subject property with 102 multiple family residential units at a density of 11.6 units
per acre. The R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone
district is considered consistent with the medium high density residential land use designation.
Furthermore,the proposed development with a density of 11.6 dwelling units per acre demonstrates that
the project site will be developed within the overall density of dwelling units anticipated by the 2025
Fresno General Plan, West Area Community Plan and Highway City Neighborhood Specific
Plan.
Subdivision Design/Streets and Access Points
This project is proposed to have one access point to West Shaw Avenue to the north and one (enter
only) access point to West Santa Ana. The subject property currently contains a 20-foot wide strip of
land which extends from the subject property to West Shaw Avenue. The developer will acquire an
additional 20-foot of property to the east of this strip of land to provide for a 40-foot wide area that will
contain a private street that will provide for two-way vehicular access to the subject development. The
access point to West Santa Ana Avenue will only allow for access into the project. Access out of the
project will not be permitted at this point. This restriction on the project's access to West Santa Ana is
intended to reduce the mixing of traffic from this project with traffic from the existing single family
residential neighborhood to the south.
The project is also limited to the area south of the eighth mile point between Shaw and Gettysburg
Avenues. The area north of this point is planned for office uses and it was envisioned in the 2025
Fresno General Plan that this office designated property along Shaw Avenue between Hayes and Polk
Avenues be developed in a unified manner possibly served by an east/west local street at the eighth
mile point. The proposed multiple family residential development is designed such that it would not
preclude the future development of this office designated property in the manner as envisioned in the
2025 Fresno General Plan.
REPORT TO THE PLANNING COMMISSION
Rezone Application No.R-06-63
Conditional Use Permit No.C-06-252
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 5
Public Works staff has determined that the streets adjacent to and near the subject site will be able to
accommodate the quantity and kind of traffic generated,subject to the dedication and improvement of
adjacent portions of West Shaw and West Santa Ana Avenues and North Hayes Avenue between West
Shaw and West Santa Ana Avenues to its ultimate planned width.
Landscaping/Open Space/Walls
The project proposes a 10-foot landscaped setback along Santa Ana Avenue. In addition, the project
proposes an interior series of walking paths through the project that provide for pedestrian access to
Santa Ana Avenue. In the central portion of the project,there is a proposed common open space area
that includes a pool and community building. It is noted that within the common open space area,is a
historic structure (Brewer Adobe). This building will be maintained on the site and there will be a
minimum 50-foot landscaped setback and wrought iron fence around the structure. The building will be
used for the storage of pool and gardening equipment.
The common open space and pedestrian walkways will help meet several of the goals of the 2025
Fresno General Plan, including Goal No. 10 which states that we(i.e. the City along with developers)
"provide quality open space, park and recreational facilities..."and also Policy F-3-a which states that
"the location of park and recreation sites should be central and accessible to the population served,
while preserving the integrity of the surrounding neighborhood."
West Area Community Plan Advisory Committee
The West Area Community Plan Advisory Committee reviewed the project on January 29, 2007 and
recommended,by a 4-0 vote,that the project be approved.
Public Services
Water Resources and Public Water Supply
The Water Division of the Department of Public Utilities has determined that there is an adequate source
of water available to serve the project with the implementation of the UGM service delivery requirements
and environmental impact mitigation measures. The nearest presently available water service lines are
in West Shaw and West Santa Ana Avenues, adjacent to the project. The Water Division is requiring
the construction of a well as a condition of approval.
The Fresno Metropolitan Flood Control District(FMFCD) has indicated that subject to the conditions of
approval,permanent flood control service will be available for this project.
Implementation of the 2025 Fresno General Plan policies,mitigation measures of Master Environmental
Impact Report No. 10130, the Water Resources Management Plan, and the mitigation measures
identified by the project environmental assessment/initial study will provide an adequate, reliable and
sustainable water supply for the project's urban domestic and public safety consumptive purposes.
REPORT TO THE PLANNING COMMISSION
Rezone Application No.R-06-63
Conditional Use Permit No.C-06-252
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 6
Sewage Collection System Capacity
Several major facility improvement projects have been implemented at the City of Fresno's Regional
Wastewater Treatment and Reclamation Facility in order to accommodate the projected rates of
population and employment growth up to a projected population holding capacity of 590,000 people.
These improvements have been completed to provide an expanded wastewater treatment and
reclamation capacity of 80 million gallons per day(MGD),which is sufficient to accommodate continued
planned urban development including the proposed project.
The Department of Public Utilities has determined that adequate sanitary sewer service is available to
serve the project,subject to the mitigation measures imposed with the environmental assessment. The
nearest public sanitary sewer main to serve this project is located in West Santa Ana Avenue,adjacent
to the subject property.
Circulation Element Plan Policies and Major Street System Traffic Capacity
The 2025 Fresno General Plan designates West Shaw Avenue as a(6 lane)arterial street,with a 124-
foot right-of-way. The applicant will be required to dedicate and construct improvements on West Shaw
Avenue, adjacent to the subject site. Other improvements include the construction of curb, gutter,
sidewalk, and transition paving within the limits of the tract on East Santa Ana Avenue. These street
improvements are outlined in more detail in the Vesting Tentative Tract Map No.5608/UGM Conditions
of Approval dated August 6,2008.
Because the immediately surrounding properties are not developed, the planned major street and
intersection improvements have not yet been completed as required by adopted plans, policies and
development standards. However,the proposed project as well as other urban land uses developed as
planned by the 2025 Fresno General Plan will be required to construct the planned major street system
consistent with the public facility and service delivery requirements of the Urban Growth Management
Program. In addition, the developer of this project, in accordance with the mitigation measures of
Master Environmental Impact Report(No. 10130)certified by the Council with the adoption of the 2025
Fresno General Plan,will be required to pay impact fees specific to the traffic signalization of the major
street intersections.
Tentative Tract Map Findings
The Subdivision Map Act(California Government Code Section 66400 et.seq.)requires that a proposed
subdivision not be approved unless the map,together with its design and improvements, is found to be
consistent with the General Plan and any applicable specific plan(Finding No.1 below).
State law further provides that the proposed subdivision map be denied if any one of the Finding
Nos.2-5 below is made in the negative. In addition,State law requires that a subdivision be found to
provide for future passive and natural heating or cooling opportunities in the subdivision development
(Finding No.6 below).
1. The proposed subdivision map,together with its design and improvements, is consistent with the
City's 2025 General Plan, because the 2025 Fresno General Plan, West Area Community Plan
and Highway City Neighborhood Specific Plan designates the site for medium high density
residential land uses and the project design meets the density and zoning ordinance criteria for
development in this plan designation.
REPORT TO THE PLANNING COMMISSION
Rezone Application No.R-06-63
Conditional Use Permit No.C-06-252
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 7
2. This site is physically suitable for the proposed type and density of development, because
conditions of approval will ensure adequate access and drainage on and off the site.
3. The proposed subdivision design and improvement is not likely to cause substantial and
considerable damage to the natural environment,including fish,wildlife or their habitat,because of
the urbanized nature of the area in which the site is located.
4. The proposed subdivision design and improvements are not likely to cause serious public health
and safety problems, because the conditions of approval have shown and will insure that the
subdivision conforms with City health and safety standards.
5. The proposed subdivision design will not conflict with public easements within or through the site,
because conditions of approval will assure noninterference with any existing or proposed public
easements.
6. The design of the subdivision provides, to the extent feasible, for future passive and natural
heating or cooling opportunities in the subdivision,because of the appropriate use and placement
of landscaping plant materials and because of the orientation of the proposed lots.
The subdivision map,subject to the recommended conditions of approval,complies with the design and
property development standards of the Zoning Ordinance and local Subdivision Ordinance.Based upon
the plans and information submitted by the applicant and the recommended conditions of project
approval,staff has determined that these findings can be made.
Conditional Use Permit Findings
Based upon analysis of the conditional use permit application and subject to the applicant's compliance
with all of the conditions of approval noted below,staff concludes that the following required findings of
Section 12-405-A-2 of the Fresno Municipal Code(FMC)can be made.
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2
[a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in
size and shape to accommodate said use,and accommodate all yards,spaces, walls and fences,parking,
loading,recycling areas,landscaping,and other required features;and,
Finding a: The subject site has an adequate amount of space to meet all applicable requirements of the
Code as established in the Conditional Use Permit Exhibits dated August 6, 2008 including
yards,spaces,walls and fences,parking,landscaping and other required features.
b. The site for the proposed use relates to streets and highways adequate in width and pavement type to
carry the quantity and kind of traffic generated by the proposed use;and,
Finding b: Staff from the Public Works Department,Transportation Planning Section has determined that
the proposed development can be accommodated by the adjacent streets and the proposed
project will be conditioned upon improvement of the adjacent major streets to their ultimate
width.
REPORT TO THE PLANNING COMMISSION
Rezone Application No.R-06.63
Conditional Use Permit No.C-06-252
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 8
c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements
in the area in which the property is located. The third finding shall not apply to uses which are subject to the
provision of Section 12-306-N-30 of this Code.
Finding c: The staff of the Planning and Development Department has determined that the proposed use
will not be detrimental to the public welfare or be injurious to property or improvements in the
area in which the property is located if developed in accordance with the various
conditions/requirements established through the related tentative tract map application review
and conditional use permit application review process.
Action by the Planning Commission regarding the rezone application will be a recommendation to the
City Council. Planning Commission action on the proposed tentative tract map and conditional use
permit,unless appealed to the Council,is final.
CONCLUSION/RECOMMENDATION
The appropriateness of the proposed project has been examined with respect to its consistency with
goals and policies of the 2025 Fresno General Plan, West Area Community Plan and Highway City
Neighborhood Specific Plan; its compatibility with surrounding existing or proposed uses; and its
avoidance or mitigation of potentially significant adverse environmental impacts. Upon consideration of
this evaluation, it can be concluded that Vesting Tentative Tract Map No. 5608/UGM is appropriate for
the project site, subject to the conditions listed below. Therefore, staff recommends that the Planning
Commission:
1. RECOMMEND APPROVAL of the environmental finding for Environmental Assessment
No.R-06-63/C-06-252/T-5608 dated April 26, 2007 that the project proposal conforms to the
provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR
No.10130).
2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-06-63 which
proposes to rezone the project site from the AE-5/UGM (Exclusive Five Acre Agricultural/Urban
Growth Management) zone district to the R-2/UGM (Low Density Multiple Family
Residential/Urban Growth Management)zone district.
3. APPROVE Vesting Tentative Tract Map No.5608/UGM subject to compliance with the Conditions
of Approval dated August 6,2006.
4. APPROVE Conditional Use Permit Application No. C-06-252 subject to compliance with Exhibits
A,A-1,B-1 thru B-3,F-1 thru F-3 and L-1 and Conditions of Approval dated August 6,2008.
REPORT TO THE PLANNING COMMISSION
Rezone Application No.R-06-63
Conditional Use Permit No.C-06-252
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 9
Attachments: Vicinity Map
Aerial Photo
Vesting Tentative Tract Map No.5608/UGM dated March 21,2008
Site Plan
Building Elevations
Landscape Plan
Conditions of Approval for T-5608/UGM dated August 6,2008,including attachments
Environmental Assessment No.R-06-63/C-06-252/T-5608,Finding of Conformity to the
2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130)
dated April 26,2007.
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PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
AUGUST 6,2008
VESTING TENTATIVE TRACT MAP NO.5608/UGM
NORTH SIDE OF WEST SANTA ANA AVENUE BETWEEN NORTH HAYES AND NORTH POLK AVENUES
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act,
Fresno Municipal Code,City policies,and City of Fresno Standard Specifications. The following
specific conditions are applicable to this vesting tentative map. The Urban Growth Management
(UGM)Service Delivery Plan requirements are included in the following conditions of approval
and are designated by the caption"Urban Growth Management Requirements."
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of
fees,dedications,reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or
within 90 days after the date of the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 5608/UGM entitled
Exhibit A, dated March 21, 2008, the subdivider may prepare a Final Map in
accordance with the approved tentative map.
2. Submit grading plans and a soils report to the City of Fresno Planning and
Development Department for verification prior to Final Map approval (Reference:
Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall
indicate the location of any required walls and indicate the proposed width of required
landscape easements or strips. Approval of the grading plan is required prior to Final
Map approval.
3. At the time of Final Map submittal,the subdivider shall submit engineered construction
plans to the City of Fresno Public Works, Public Utilities, and Planning and
Development Departments for grading, public sanitary sewer system, public water
system, street lighting system, public streets, and storm drainage, including other
technical reports and engineered plans as necessary to construct the required public
improvements and work and applicable processing fees.
4. Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved,
the subdivider shall provide performance security in an amount established by the City
to guarantee the completion of plans.
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 2
5. Public utilities easements, as necessary, shall be shown on the Final Map and
dedicated to the City of Fresno. Public utility easements beyond the limits of the Final
Map, but required as a condition of development, shall be acquired at the subdivider's
cost and shall be dedicated by separate instrument at the time of Final Map approval
The relocation of existing utilities necessitated by the required public improvements
shall be paid for by the subdivider. The subdivider is responsible to contact the
appropriate utility company for information.
6. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code,Article 10, Chapter 12,"Subdivision of Real Property;"Resolution No.
68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard
Specifications,2002 Edition,and any amendments thereto.
7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for
street improvements and other grading and construction; street trees, street signs,
water and sewer service,and inspections in accordance with the City of Fresno Master
Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State
law as related to vesting tentative maps.
8. The subdivider shall furnish to the City acceptable security to guarantee the
construction of the off-site street improvements in accordance with all applicable
provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act.
The subdivider shall complete all the public improvements prior to the approval of the
Final Map by the City. If, at the time of Final Map approval, any public improvements
have not been completed and accepted in accordance with the standards of the City,
the subdivider may elect to enter into an agreement with the City to thereafter
guarantee the completion of the improvements.
9. As a condition of Final Map approval, the subdivider shall furnish to the City a
subdivision guarantee listing all parties having any right,title or interest and the nature
of their interest per State law.
10. Relinquish vehicular access rights to and along West Santa Ana Avenue from lots 24-
27 except for approved vehicular access drive as shown on Exhibit A of Conditional
Use Permit Application No.C-06-252 dated August 6,2008.
11. Prior to final map approval,the owner/developer of the subject property shall execute a
covenant with the City of Fresno which shall include the appropriate language in the
deeds for mutual access between and among the lots for fire access, solid waste
access,drainage and vehicular and pedestrian circulation.
Landscaping and Walls
12. The developer/owner shall provide a minimum 10-foot landscape setback(and irrigation
system)along West Santa Ana Avenue.
13. Provide an internal pedestrian accessway connecting to Santa Ana Avenue to create a
walkable route to the elementary school located east and south of the project site.
14. Construct a 6-foot high wood fence along the easterly,westerly and northerly property
lines. There shall be a 20-foot building setback along the southerly property line
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 3
adjacent to Santa Ana Avenue. Plant anti-graffiti landscaping adjacent to any exposed
perimeter wall or fence, whether the wall is on the subject property or an adjacent
property.
15. Provide 10'minimum visibility triangle at all ingress/egress locations.
16. The long term maintenance of the following items are the ultimate responsibility of the
owner/developer. If approved by Council,the following features may be maintained by
a Community Facilities District; maintenance of all landscaping and irrigation systems
within the street and landscape easements, maintenance of all sidewalks and street
furniture, maintenance of all street lights, maintenance of all street trees, and
maintenance and operating costs of police,fire, traffic control and recreation services
as established by the Council of the City of Fresno. See attached letter from the Public
Works Department dated January 22,2008,for more information.
17. Construction plans for all features to be maintained by a CFD shall be included in the
final map submission to the Planning and Development Department for processing.
18. If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District,he/she shall be required to provide the City of Fresno,Department of
Public Works, with copies of signed acknowledgments from each purchaser of a lot
within the subdivision,attesting to the purchasers understanding that the lot will have an
annual maintenance assessment and that he/she is aware of the estimated amount of
the assessment.
19. The property owner/developer shall create a homeowner's association for the
maintenance of the landscape areas and proposed private streets, utilities and
walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions
(CC&R's) and the proposed instruments for the homeowners association shall be
submitted to the Planning and Development Department for review two weeks prior to
final map approval. Said documents shall be recorded with the final map or
alternatively submit recorded documents or documents for recording prior to final
acceptance of subdivision improvements. Said documents shall include assignment of
responsibility to the homeowners association for landscaping and other provisions as
stated in the Planning and Development Department Guidelines for preparation of
CC&R's dated January 11,1985.
20. Improvement plans for all required landscaping and irrigation systems shall be
submitted to the Planning and Development Department for review prior to Final Map
approval.
21. Lots 5 and 13 of Vesting Tentative Tract No. 5608 shall be used for recreational and
open space purposes.
22. Comply with memo from Public Works Department, dated April 24, 2008, regarding
street requirements and buffer landscaping and maintenance requirements.
Historic Preservation
23. Comply with the attached memorandum from the Historic Preservation Project Manager
dated January 25,2008.
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 4
Building Setbacks and Open Space
24. Building setbacks shall be as shown on Exhibit"A" of Conditional Use Permit
Application No. C-06-252 dated August 6, 2008, and pursuant to the provisions of
Section 12-212.5-E of the FMC,unless otherwise noted in these conditions.
25. Pursuant to Fresno Municipal Code Section 12-306-N-21 provide 25% open space
within the proposed project.
Information
26. Vesting Tentative Tract Map No. 5608/UGM is subject to Planning Commission
approval of related Conditional Use Permit Application No.C-06-252.
27. Vesting Tentative Tract Map No. 5608/UGM is subject to City Council approval of
related Rezone Application No.R-06-63,
28. The area to the north of proposed Lots 1 and 2 of Vesting Tentative Tract No. 5608
shall be designated as a remainder parcel. A Certificate of Compliance shall be
required prior to the sale, lease or finance of the remainder parcel. For further
information please contact the City of Fresno Planning and Development Department,
Planning Division at(559)621-8277.
29. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
30. 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.
31. The developer/owner shall obtain any and all permits required for the removal or
demolition of any existing building or structure located within the subdivision
boundaries. The developer/owner shall also obtain any and all permits required for the
proper abandonment/closure of any existing water well, septic tank/leach field or
cesspool, and irrigation pipeline on the subject property. All such permits shall be
obtained prior to commencement of tract grading work,in accordance with Chapter 13
of the Fresno Municipal Code.
32. If archaeological and/or animal fossil material is encountered during project surveying,
grading,excavating,or construction,work shall stop immediately.
33. If there are suspected human remains,the Fresno County Coroner shall be immediately
contacted (business hours: (559) 268-0109; after hours the contact phone number is
(559) 488-3111 for the Fresno County Sheriff's Department). If remains or other
archaeological material is possibly Native American in origin, the Native American
Heritage Commission (phone number(916)653-4082)shall be immediately contacted,
and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (phone number(805) 644-2289) shall be contacted to obtain a referral list of
recognized archaeologists.
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 5
34. 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.
35. If animal fossils are uncovered, the Museum of Paleontology at the University of
California, Berkeley shall be contacted to obtain a referral list of recognized
paleontologists. An assessment shall be conducted by a paleontologist; if the
paleontologist determines the material to be significant, a recommendation shall be
made to the City as to any further site investigation or preservation measures.
36. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment
levied under any State or local law, including a division into condominium interest as
defined in Section 783 of the Civil Code, the developer/owner shall file a written
application with the City of Fresno Director of Public Works, requesting apportionment
of the unpaid portion of the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
a. A full description of each assessed lot, parcel or interest to be divided and of how
such lot,parcel or interest will be divided;
b. A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law;and
c. Written consent of the owner(s)of each such lot,parcel,or interest to the requested
apportionment.
d. The application shall be filed prior to the approval of the Final Map(s) by the City
and shall be accompanied by a fee in an amount specified in the Master Fee
Resolution for each separate lot,parcel,or interest into which the original assessed
lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to
pay all costs of the City and the Engineer of Work responsible for determining the
initial assessment in making the requested apportionment.
37. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality
Pollution Control District for the control of particulate matter and fugitive dust during
construction of this project.
38. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The
method of collection to be utilized in this tract shall be subject to approval of the Solid
Waste Manager(see below-noted conditions).
PARK SERVICE
39. Pay appropriate park facilities fee 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.
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 6
FIRE SERVICE
40. This project is within three miles of temporary and permanent City of Fresno Fire
Station No.18.
41. This project is subject to city-wide fire service fees.
42. Provide residential hydrants on site and fire flows per Public Works Standards with two
sources of water.
43. Fire hydrants shall be tested and approved and all surface roads shall be installed and
made serviceable prior to and during the time of construction. The 4 1/2 inch outlet shall
face the access lane.
44. Two means of ingress/egress must be provided. This access must be maintained
during all phases of development. Phasing of tract will require re-review for access
requirements.
45. Access is acceptable as shown on Exhibit A with approved covenants for shared
firefighting access and water supplies. (Note: The remainder parcel will require a
covenanted second access through the first phase).
46. The subdivider shall be required to pay the appropriate Fire Station Capital Fee at the
time of final map approval.
SOLID WASTE SERVICE
47. Comply with the attached memorandum from the Department of Public Utilities dated
January 25,2007.
STREETS AND RIGHTS-OF-WAY
48. The subdivider shall furnish to the City acceptable security to guarantee the
construction of the off-site street improvements in accordance with all applicable
provisions of the FMC and the State Subdivision Map Act.
49. The subdivider shall make provisions for disabled persons in accordance with the
Department of Public Works standards and as required by State law. Handicap access
ramps are required to be constructed in sidewalks at all corners within the limits of the
tract. Where street furniture is located within the sidewalk area (fire hydrants,
streetlights, etc.),a minimum of 48 inches of unobstructed path shall be maintained to
satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian
easement to accommodate the 4-foot minimum unobstructed path requirement.
50. Provide curb ramps at all corners within the limits of the subdivision.
51. All of the required street improvements shall be constructed and/or installed in
accordance with the City of Fresno Standard Specifications (2002 Edition). The
following shall be submitted as a single package to the Planning and Development
Department for review and approval: street construction,signing, striping,traffic signal
and streetlight,signing and striping,and landscape and irrigation plans.
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 7
52. The subdivider shall underground all existing off-site overhead utilities and proposed
utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution
Nos.78-522,88-229.
53. The subdivider shall construct an underground street lighting system per Public Works
Standards within the limits of the tract. Spacing and design shall conform to Public
Works Standards. Height,type, spacing, etc., of standards and luminaires shall be in
accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any
modification thereto approved by the City Traffic Engineer prior to Final Map approval.
Upon completion of the work by the subdivider and acceptance of the work by the City,
the street lighting system shall be dedicated to the City. Submit engineered
construction plans to the Public Works Department for approval.
54. All dead-end streets created by this subdivision shall be properly barricaded in
accordance with City standards within seven days from the time the streets are
surfaced or as directed by the Engineer.
55. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and
approval per the attached checklist,prior to submittal of street plans.
56. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution
Control District for the control of fugitive dust requirements from paved and unpaved
roads.
57. Comply with the attached memoranda from the Traffic Division of the Public Works
Department dated August 1,2008 and July 11,2007.
Street Names
58. Make the following changes to the street names on the tentative map:
a. North Gregory Avenue to North Erie Avenue
SANITARY SEWER SERVICE
The nearest sanitary sewer main available to provide service to the site is located in West Santa
Ana Avenue. Sanitary sewer facilities will be available to provide service to the site subject to
the following requirements:
59. Construct an 8-inch sanitary sewer main in North Hayes Avenue between West Shaw
and West Santa Ana Avenues.
60. On-site sanitary sewer facilities shall be private.
61. Abandon all existing on-site private septic systems in accordance with City standards.
62. The owner/developer shall contact Wastewater Management Division/Environmental
Services(559)621-5100 regarding conditions of service for special users.
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 8
Urban Growth Management Requirements
63. This project is located in the following Urban Growth Management Service Area: Sewer
Oversize Reimbursement S.A.19.
Fees
64. The following Sewer Connection Charges are due and shall be paid for the Project:
b. Sewer Lateral Charge
c. Oversize Sewer Charge
d. Trunk Sewer Charge:Grantland
e. Wastewater Facilities Charge
65. Upon connection of this Project to the city sewer system the owner/developer shall be
subject to payment of sewer facility charges per Fresno Municipal Code Section 9-
505.1 and 9-505.2. Sewer Facility Charges consist of two components: a wastewater
facilities charge and a trunk sewer charge where applicable. Sewer facility charges are
collected after occupancy on a bi-monthly basis over time based on metered (water or
sewer effluent) usage. The owner/developer may contact the Department of Public
Utilities (559) 621-8554 to receive an estimated cost of the sewer facility charges
applicable to the project (based on a constant sewer discharge and loading
(Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels
anticipated) at the current rates in effect at that time, per Fresno's Master Fee
Resolution. The owner/developer shall provide data regarding estimated sewer
discharge rates (flow) and loading (BOD/TSS levels) required for calculating the
estimated charges.
WATER SERVICE
Water facilities are available to provide service to the site subject to the following requirements:
66. On-site water facilities shall be private.
67. Separate water services shall be provided for each lot.
68. The proposed project shall have a master meter installed.
69. Landscape, domestic water and fire service charges shall be included in association
fees.
70. Comply with the attached memorandum from the Water Division of the Department of
Public Utilities dated December 27,2006.
Urban Growth Management Requirements
71. This project is located in the following Urban Growth Management Service Area: Water
Service Area Number 201 s.
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 9
Fees
72. Payment for installation of water service(s)and/or meter(s)is required.
73. Water connection Charges are due and shall be paid for the Project.
FLOOD CONTROL AND DRAINAGE
74. The subdivider shall be required to comply with the specific requirements imposed by
the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any
amendments or modifications to those requirements which may be granted by the
FMFCD Board of Directors,pursuant to Section 13-1307 of the Fresno Municipal Code.
These requirements are identified in the District's letter to the Planning and
Development Department dated January 25,2007.
75. Any temporary ponding basins constructed or enlarged to provide service to the
subdivision shall be fenced in accordance with City standards within seven days from
the time the basin becomes operational or as directed by the City Engineer. Temporary
ponding basins will be created through a covenant between the City and the
owner/developer prior to Final Map approval. Maintenance of the temporary ponding
basin shall be by the owner/developer until permanent service for the entire subdivision
is provided.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
76. The developer/owner shall comply with the requirements in the letter from the San
Joaquin Valley Air Pollution Control District dated January 18,2007.
CENTRAL UNIFIED SCHOOL DISTRICT
77. Comply with the attached memorandum from the Central Unified School District dated
June 20,2008.
FRESNO COUNTY
78.Comply with the attached Standard County Conditions of Approval from Fresno County
dated July 28,2008.
RIGHT-OF-WAY ACQUISITION
79.The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
80.Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage,
signing,pole relocation,and shoulder grading. In general,this will require right-of-way to
be provided approximately 10 feet outside the travel lane. The exact requirement must
be determined at the project design stage based on the existing conditions and detailed
design information.
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 10
81.In the event an acquisition of any easement or right-of-way is necessitated by the
subject development, said acquisition will be accomplished prior to Final Map approval.
The developer/owner should contact the Real Estate Section of the Public Works
Department to receive procedural guidance in such acquisitions.
82.Should such acquisition not be accomplished by the subdivider prior to Final Map
approval, the subdivider must request and grant to the City the full authority to attempt
acquisition either through negotiation or through its power of eminent domain. The
subdivider shall furnish to the City Public Works Department, Engineering Division/Real
Estate Section,an appraisal report or a request for an estimated appraisal amount(to be
determined by the City of Fresno Real Estate Section) prior to preparation of a
Subdivision Agreement.
83.The subdivider shall submit adequate security in the form of a cash deposit to guarantee
payment of all costs associated with the acquisition,including staff time,attorney's fees,
appraisal fees,court costs,and all related expenditures and costs necessary to effect the
acquisition of such easements or rights-of-way.
URBAN GROWTH MANAGEMENT REQUIREMENTS(GENERAL)
84.The developer of property located within the UGM boundaries shall comply with all
sewer, water and street requirements and pay all applicable UGM fees imposed under
the Urban Growth Management process(with appropriate credit given for the installation
of required UGM improvements) in accordance with the requirements of State Law as
related to vesting tentative tract maps.
85.The developer will be responsible for the relocation or reconstruction of any existing
improvements or facilities necessary to construct any of the required UGM
improvements.
DEVELOPMENT FEES AND CHARGES
86.This project is subject to the following development fees and charges:
PARKS DEPARTMENT FEE/RATE
a. Street Tree Landscape Plan Review fee $56.00
b. Street Tree Installation fee $129.00/tree
City-installed tree
c. Street Tree Inspection fee $30.00/tree
Developer-installed tree
d. Maintenance District Plan Review fee $176.00
e. Maintenance District Inspection fee $305.00
f. Reinspection fee $29.00
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 11
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE/RATE
g. Metropolitan Flood Control District fee Contact FMFCD for new fees.
Rates increased March 1,
2004.
SEWER CONNECTION CHARGES FEE RATE
h. Lateral Sewer Charge
$0.10/sq.ft.(to 100'depth)
i. Oversize Charge4
$0.05/sq.ft.(to 100'depth)
j. Trunk Sewer Charge
S.T.E.P.♦
Service Area:Cornelia
k. Wastewater Facilities Charge S.T.E.P.♦
I. House Branch Sewer Chargev N/A
WATER CONNECTION CHARGES FEE RATE
m. Service Connection Charge Fee based on service(s)and
meter(s)sizes specified by owner;
fee for service(s)and Meter(s)
established by the Master Fee
Schedule.
n. Frontage Charge* $6.50/lineal foot
o. Transmission Grid Main Charge* $643/gross acre(parcels 5 gross
acres or more)
p. Transmission Grid Main Bond Debt Service Charges $243/gross acre(parcels 5 gross
acres or more)
q. UGM Water Supply Feev $407/living unit
Service Area: 201s
r. Well Head Treatment Feev $0/living unit
Service Area: 201
s. Recharge Feet $0/living unit
Service Area: 201
Conditions of Approval
Vesting Tentative Tract Map No.5608/UGM
August 6,2008
Page 12
t. 1994 Bond Debt Service* $0/living unit
Service Area: 201
DEVELOPMENT IMPACT FEE FEE RATE
u. Fire Facilities Impact Fee-Citywide$` $439/living unit
v. Park Facility Impact Fee-Citywide$` $1853/living unit**
w. Quimby Parkland Dedication Feev* $911/living unit
x. Police Facilities Impact Fee-Citywide$* $508/living unit
y. Traffic Signal Charge* $308.99/living unit
URBAN GROWTH MANAGEMENT FEE RATE
z. Major Street Chargers $3531/adj.acre
Service Area: E-4
aa.Major Street Bridge Charger $196/adj.acre
Service Area: E-4
bb.UGM Grade Separation Feer N/A
Service Area: E-4-A
cc. UGM Trunk Sewer Charge. N/A
Service Area:Cornelia
dd.Street Acquisition/Construction Chargev N/A
Notes:
`Fee applicable to all maps accepted for filing after August 30,2005
*`With payment of Quimby Parkland Dedication Fee
♦ Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered
Equity Program(STEP)as determined by the Department of Public Utilities,Wastewater Division,Environmental Services Section '..
(559-621-5153).
46 Due at time of development
A Deferrable through Fee Deferral Covenant.
V Due at time of subdivision.
$Due at occupancy.
t Building areas to be calculated to the nearest square foot.Traffic Signal Fee is subject to review and conditions of approval from
Transportation Planning through the entitlement review process based on Average Daily Trips
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
August 6,2008
CONDITIONAL USE PERMIT APPLICATION NO.C-06-252
5901 West Shaw Avenue
PART A—PROJECT INFORMATION
PROJECT Conditional Use Permit Application No. C-06-252 proposes the
development of a planned residential subdivision with private
streets and common open space for 102 multiple family units on
27 proposed lots of Vesting Tentative Tract Map No.5608.
APPLICANT Midstate Investors LLC and WEM Properties Inc.
LOCATION 5901 West Shaw Avenue (APN:311-140-03,04,14)
The subject site is located on the north side of West Santa Ana
Avenue between North Hayes and North Polk,
(Council District 1,Councilmember Xiong)
SITE SIZE 8.8 Acres
LAND USE Medium-high density residential
ZONING Existing— AE-5/UGM(Exclusive Five Acre Agricultural/Urban
Growth Management)zone district
Proposed—R-2/UGM(Low Density Multiple Family
Residential/Urban Growth Management)
pursuant to Rezone Application No.R-06-63
PLAN DESIGNATION The proposed multiple family residential development is consistent
AND CONSISTENCY with the planned land use designation of medium-high density
residential as designated by the West Area Community Plan and
the 2025 Fresno General Plan
ENVIRONMENTAL FINDING A Finding of Conformity was filed with the Fresno County Clerk's
office on April 26,2007
STAFF Approval of Conditional Use Permit Application No. C-06-252
RECOMMENDATION subject to compliance with conditions of approval and Exhibits A,
A-1,B-1,B-2,B-3,F-1,F-2,F-3,and L-1 dated August 6,2008
RELATED APPLICATIONS Rezone Application No.R-06-63
Vesting Tentative Tract Map No.5608/UGM j
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 2
PART B—GENERAL CONDITIONS AND REQUIREMENTS
The Planning Commission on August 6, 2008, approved the special permit application subject to the
enclosed list of conditions and Exhibits A, A-1, B-1, B-2, B-3, F-1, F-2, F-3 and L-1 dated August 6,
2008.
An environmental assessment/initial study was conducted and resulted in a Finding of Conformity to the
2025 Fresno General Plan Master Environmental Impact Report(MEIR 10130), dated April 26, 2007.
The Finding of Conformity was published in the Fresno Bee commencing a 20-day public review and
comment period on April 26,2007.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project may be subject to a variety of discretionary conditions of approval.
These include conditions based on adopted City plans and policies,those determined through
site plan review and environmental assessment essential to mitigate adverse effects on the
environment including the health, safety, and welfare of the community, and recommended
conditions for development that are not essential to health, safety, and welfare, but would on
the whole enhance the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval are listed in the last section of this list of conditions under the
heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are
mandatory and may only be modified by variance,provided the findings pursuant to Fresno Municipal
Code Section 12-405.A can be made.
All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in
writing pursuant to the provisions of Section 12-406-c and 12-406-j of the Fresno Municipal
Code.
In the event you wish to appeal the Director's decision or discretionary conditions of approval,you may
do so by filing a written appeal with the Director. The appeal shall include a statement of your interest
in or relationship to the subject property,the decision or action appealed and specific reasons why you
believe the decision or action appealed should not be upheld. Your appeal must be filed within 15 days
of the Planning Commission action.
Approval of this special permit shall be considered null and void in the event of failure by the applicant
and/or the authorized representative,architect,engineer,or designer to disclose and delineate all facts
and information relating to the subject property and the proposed development including,but not limited
to,the following.
1. All existing and proposed improvements including but not limited to buildings and structures,
signs and their uses,trees,walls,driveways,outdoor storage,and open land use areas on the
subject property and all of the preceding which are located on adjoining property and may
encroach on the subject property.
2. All public and private easements, rights-of-way and any actual or potential prescriptive
easements or uses of the subject property.
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 3
3. Existing and proposed grade differentials between the subject property and adjoining property
zoned or planned for residential use.
Approval of this special permit may become null and void in the event that development is not
completed in accordance with all the conditions and requirements imposed on this special
permit,the Zoning Ordinance,and all Public Works Standards and Specifications. The Planning
and Development Department shall not assume responsibility for any deletions or omissions
resulting from the special permit review process or for additions or alterations to construction
plan not specifically submitted and reviewed and approved pursuant to this special permit or
subsequent amendments or revisions.
No uses of land,buildings,or structures other than those specifically approved pursuant to this site plan
shall be permitted. (Include this note on the site plan.)
Transfer all red line notes, etc., shown on all original site plan exhibits (dated August 6, 2008)to the
final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND
THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS.
The exercise of rights granted by this special permit must be commenced by August 6,2012(four years
from the date of Planning Commission approval). There is no exception.
To complete the backcheck process for building permit relative to planning and zoning issues,
submit eight copies of this corrected,final site plan,together with six copies of the elevations,
landscape and irrigation plans, and any required covenants and/or studies or analyses to the
Planning Division for final review and approval ten days before applying for building permits.
Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the
Planning Division must be substituted for unstamped copies of same in each of the four sets of
construction plans submitted for plan check prior to issuance of building permits. The final approved
site plan must also include all corrections identified in the plan check process.
Be advised that on-site inspections will not be authorized unless the final stamped approved site plan,
elevations,landscape,and irrigation plans are included in the plan check file copy.
Please call for an appointment for final sign-off for building permits following your receipt and
substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets.
Contact David Braun at 559-621-8038 or via e-mail at David.Braun@fresno.gov to schedule an
appointment.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees,
dedication,reservations or exactions for this project are subject to protest by the project applicant at the
time of approval or conditional approval of the development or within 90 days after the date of
imposition of fees,dedications,reservation,or exactions imposed on the development project.
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 4
This notice does not apply to those fees,dedications,reservations,or exactions which were previously
imposed and duly noticed; or, where no notice was previously required under the provisions of
Government Code Section 66020(d)(1)in effect before January 1,1997.
PART C—PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and proposed
on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to
omission or misrepresentation of information, for which this review process is dependent, will be
imposed whenever such conditions are disclosed.
Questions relative to dedications, street improvements, or off-street parking geometrics may be
directed to the Public Works Department, Engineering Division, Traffic Planning Section:
Mario.Rocha@fresno.gov or Greq.Jenness@fresno.gov, or Ann.Lillie @fresno.aov, (telephone:
559-621-8800).
The applicant shall submit the following as a single package to the Public Works Department,
Engineering Division, Plan Check and GIS Mapping Section (phone: 559-621-8650), for review and
approval, rip or to issuance of building and street work permits: Street Improvement Plans, Signing
and Striping Plans,Street Lighting Plans,and Landscaping and Irrigation Plans.
The applicant shall underground all existing off-site overhead utilities within the limits of this site/map
pursuant to Fresno Municipal Code Section 12-1011 and Resolution No.78-522/88-229.
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 raters) as set forth in the latest edition of the ITE Generation
Manual.
1. SURVEY MONUMENTS AND PARCEL CONFIGURATION
a. The applicant shall ensure that all survey monuments within the area of construction are
preserved or reset by a person licensed to practice Land Surveying in the State of California.
b. The parcel configuration depicted for the proposed development does not conform to record
information: a tract map (Tract Map 5608) is required to establish this configuration prior to
building permits or revise site plan to identify existing property lines.Contact the Planning and
Development Department for details or submit a revised exhibit confining the proposed
development within existing parcel lines.
2. STREET DEDICATIONS AND ENCROACHMENT PERMITS
a. The applicant shall identify on Exhibit A all street furniture within the public right-of-way,-e.g.,
public utility poles and boxes, guy wires, signs,fire hydrants, bus stop benches, mail boxes,
news stands,trash receptacles,tree wells,etc,within the public right-of-way;and identify the
required 4-foot minimum path of travel along the public sidewalk directly in front of property as
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 5
required by the California Administration Code (Title 24). A pedestrian easement may be
required if Title 24 requirements cannot be met.
b. ENCROACHMENT PERMIT. The construction of any overhead, surface or sub-surface
structures and appurtenances in the public rights-of-way is prohibited unless an encroachment
permit is approved by the Public Works Department, Engineering Division, Special
Districts/Projects and Right-of-Way Section (phone: 559-621-8693). Encroachment permits
must be approvedrip or to issuance of building permits.
c. Deed documents for the required dedications shall be prepared by the applicant's engineer
and submitted to the Public Works Department, Engineering Division, Special
Districts/Projects and Right of Way Section with verification of ownershiprip or to issuance of
building permits. The cost of deed document processing and recordation fee must be paid at
the time of deed submittal. Deed documents must conform to the format specified by the city.
Document format specifications may be obtained from the City of Fresno Public Works
Department,Engineering Division,Special Districts/Projects and Right of Way Section(phone:
559-621-8694).
4. STREET IMPROVEMENTS
a. The applicant shall ensure that all improvements are constructed in accordance with the
Standard Specifications and Standard Drawings of the City of Fresno Public Works
Department. Street construction plans are required and shall be approved by the City
Engineer.
b. STREET WORK PERMIT: The performance of any work within the public street rights-of-way
(including pedestrian and utility easements) requires a street work permit prior to
commencement of the work. Contact the City of Fresno Public Works Department,
Engineering Services Section (phone: 559-621-8686), for detailed information. All required
street improvements must be completed and accepted by the Cityrip or to occupancy. The
final corrected exhibit (Exhibit A) shall incorporate all required dedications, parking lot
geometrics and improvements required as conditions of approval for development.
c. The applicant shall repair all damaged and/or off-grade off-site concrete improvements as
determined by the Public Works Department, Construction Management Division (phone:
559-621-5500). Such repairs must be completedrip for to final occupancy.
d. The applicant shall construct street improvements as specified in the attached memorandum
from the Traffic Division of the Public Works Department,dated August 1,2008.
5. URBAN GROWTH MANAGEMENT(UGM)REQUIREMENTS
a. This application is in UGM major street zone E-4; therefore, the applicant shall pay all
applicable UGM fees. The applicant shall pay all fees at the time of issuance of building
permits. The UGM fee obligations for this development will be computed during the building
construction plan check process.
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 6
A BUILDING PERMIT CANNOT BE ISSUED UNTIL THE UGM REQUIREMENTS HAVE BEEN
SATISFIED.
PART D—PLANNING/ZONING REQUIREMENTS
1. PLANNING
Development is subject to the following plans and policies:
a. 2025 Fresno General Plan
b. West Area Community Plan
c. Highway City Neighborhood Specific Plan
d. Planned Development(Section 12-306-N-21 of the Fresno Municipal Code)
e. Medium-high density residential planned land use
2. ZONING
a. Development is proposed in accordance with all applicable plans and policies of the proposed
R-2/UGM (Low Density Multiple Family/Urban Growth Management) zone district and in
accordance with all applicable plans and policies of the West Area Community Plan and the
2025 Fresno General Plan. Approval of the conditional use permit is contingent upon
approval of related Rezone Application No. R-06-63 and Vesting Tentative Tract Map
No.5608/UGM.
3. POPULATION DENSITY(Residential Proiects)
a. Contingent upon approval of Rezone Application No. R-06-63 and the medium high density
residential planned land use designation, the subject property shall be developed with a
density of 10.38-18.15 units per acre.The project is proposed to be developed at a density of
11.6 units per acre.
4. BUILDING HEIGHT
a. The maximum allowable building height is two and one-half stories not to exceed 35 feet
pursuant to Section 12-212.5-D of the Fresno Municipal Code. The proposal is within the
required height at two stories and 27 feet.
b. EXCEPTIONS: Overheight structures may be approved by the City Planning Commission.
However, no roof structure or any space above the height limit shall be allowed for the
purpose of providing additional living or floor space.Submit a letter together with the filing fee
to the Secretary of the Planning Commission requesting approval.
5. BUILDING SETBACKS AND LANDSCAPING
a. West Santa Ana Avenue(front yard): Provide a 20-foot building setback.
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 7
b. West and east property lines(side yards): Provide a 5-foot building setback.
c. Provide building setbacks as shown on Exhibit A dated August 6,2008.
d. The property owner/developer shall create a homeowner's association for the maintenance of
the landscape areas and proposed private streets, utilities and walls/gates. The proposed
Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed
instruments for the homeowners association shall be submitted to the Planning and
Development Department for review two weeks prior to final map approval. Said documents
shall be recorded with the final map or alternatively submit recorded documents or documents
for recording prior to final acceptance of subdivision improvements. Said documents shall
include assignment of responsibility to the homeowners association for landscaping and other
provisions as stated in the Planning and Development Department Guidelines for preparation
of CC&Rs dated January 11,1985.
e. Provide the following minimum landscaped areas:
(1) West Santa Ana Avenue:10 feet behind property line.
(2) Provide landscaping as shown on Exhibit A dated August 6,2008.
f. The number of trees will be determined by the following formula: Section 12-306-N-24-G-3 of
the FMC requires one medium sized tree(30-60 feet at maturity)for each parking space,plus
one medium sized tree for each residential unit.Two small trees(15-30 feet at maturity)shall
be counted as one medium-sized tree.This project shall have a total of 269 trees.
g. Provide shade calculations on the landscape plan for parking lot shading in accordance with
the attached Parking Lot Shading Policy,including tree species and tree counts.
h. Provide sufficient trees in the parking lot area to provide 50 percent shading of the parking
area surface within 15 years. (This requirement may be reduced to 40 percent for existing
development if it is demonstrated that the constraints of an existing site would make it
impossible to meet the normal standards.) Trees shall also be planted in the required
landscaped area along the periphery of the development in order to shade and enhance
adjacent property and public rights-of-way. Refer to the attached"Performance Standards for
Parking Lot Shading"for the tree list and further details.
i. Trees shall be maintained in good health. However, trees may not be trimmed or pruned to
reduce the natural height or overall crown of the tree, except as necessary for the health of
the tree and public safety; or as may otherwise be approved by the Planning and
Development Department.(Include this note on the landscape plan.)
j. Submit six copies of landscaping and irrigation plans prepared by a landscape professional,
showing the number and types of trees, to the Planning Division. These plans must be
reviewed and approved prior to obtaining building permits.
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 8
k. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on
Occupancy shall be placed on the proposed development until such time that landscaping has
been approved and verified for proper installation by the Planning Division.(Include this note
on the landscape plan.)
I. Prior to final inspection, a written certification, signed by a landscape professional approved
by the Director,shall be submitted stating that the required landscaping and irrigation system
was installed in accordance with the landscaping and irrigation plans approved by the
Planning Division,Development Department.(Include this note on the landscape plan.)
6. OPEN SPACE
a. Pursuant to Section 12-306-N-21-C-2 of the Fresno Municipal Code,a minimum of 25 percent
of the site area shall be comprised of usable open space for residents of the development,
provided that the Director may permit a ten percent reduction in this standard in unusual
circumstances where it is demonstrated that the amount of open space provided is adequate
to meet the needs of residents of the development.Required front yards and street side yards
shall not be considered part of the 25 percent open usable space. Usable open space shall
include rear yards, interior side yards and landscaped areas between units and pathways,
provided that each of them meet the minimum width and depth requirements set forth below.
Usable open space shall also include private patios and balconies. Driveway and parking
areas,indoor living areas of dwelling units,garages,carports,equipment rooms,utility rooms
and any other buildings used for the maintenance of the development shall not be considered
as part of the usable open space.The Director may permit a portion of the 25 percent open
space standard to be provided off-site if such area is available for the exclusive use of
residents of the development.The minimum dimensions of a usable open space shall be eight
feet by eight feet.On lot frontages greater than 400 feet,at least one dimension of the usable
open space shall be equal to two percent of the frontage length.
In addition,pursuant to Section 12-306-N-21-C-(iv)of the FMC,for sites greater than one acre
in size,a minimum of forty percent of the required twenty five percent usable open space shall
be developed with gardens,turfed play fields, hard surfaced game courts, recreation rooms,
swimming pools or other features designed for the exclusive active recreational use of
residents of the development.
The required 25 percent of open space for the project site is equal to 95,832 square feet.
Please provide open space calculations to verify. Consistent with Fresno Municipal Code
Section 12-306-N-21-C-2(iv), 40 percent of the usable open space is proposed to be
developed with gardens,turfed play fields, hard surfaced game courts, recreation rooms,and
swimming pools. The proposed landscape plan shows a swimming pool and a recreation
room.
b. Clearly identify all condensing units, air conditioning and heating units on the site and
elevation plans.Mechanical equipment must be screened.
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 9
c. No structures of any kind(including signs,call boxes,site maps,directional signs,etc. unless
permitted by Section 12-212.5-K-2 of the FMC) may be installed or maintained within the
above-landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting
the backflow prevention device), etc., are allowed to be located in the landscape areas or
setbacks or on the street frontages of the buildings.All transformers, etc., shall be shown on
the site plan.The backflow device shall be screened by landscaping or such other means as
may be approved.(Include this note on the site plan.)
7. FENCES,HEDGES,AND WALLS
a. Temporary fences to secure projects under construction are allowed. Any temporary fence
shall be adequately secured and constructed to prevent overturning due to wind, vandalism,
and/or casual contact by the general public. The construction shall be performed in such a
manner as to minimize any potential safety hazard,which may occur as a result of improper
fence installation or damage to the fence.
b. Provide a 6-foot high wood fence along the northerly,easterly and westerly property lines.
c. Submit a rendering depicting the fence height,design,and color for review and approval.
8. OFF-STREET PARKING
a. Comply with the Parking Lot Shading Policy,attached. Provide shade calculations directly on
the landscape plan in accordance with the Parking Lot Shading Policy,including tree species
and tree counts.
b. The parking lot design must accommodate the provision of trees in accordance with the
attached Parking Lot Shading Policy.
c. The general requirement for off-street parking spaces is one and one-half parking spaces per
dwelling unit, one of which shall be in a carport or garage.There are 167 proposed parking
stalls(102 covered)shown on the site plan per the following:
102 units=102 X 1.5=153 parking stalls required. No additional parking spaces shall be
required.
d. Provide ten bicycle parking spaces on the site. Bicycle parking spaces shall each consist of
one slot in a bike rack.They shall be grouped in racks which allow four feet of clearance on all
sides.There shall be adequate space between rack slots to park, lock,and remove bicycles.
Bicycle parking spaces shall each consist of one slot in a bike rack. Bicycle parking spaces
and the required four-foot clearance shall be protected from motor vehicle encroachment by
means of fixed barriers not less than six inches or more than three in height. Bicycle parking
spaces shall not encroach into pedestrian ways, landscaped areas, or other required open
spaces, and shall be located proximal to structures(depict on Exhibit A). Note: Exhibit A,
dated August 6, 2008, does not display these bicycle parking spaces; please depict
bicycle parking spaces on Exhibit A.
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 10
e. Provide six handicap parking spaces in accordance with the State of California Building Code.
All handicapped parking stalls shall be of a width providing at least 14-feet of useable space.
Refer to the "Development Requirements for Handicapped Accessibility" of abovementioned
code.
f. All handicapped stalls shall be marked with the international symbol of spaces and a warning
that vehicles in violation of Section 10-1017 of the Fresno Municipal Code shall be towed
away. The international symbol and tow-away warning shall be posted conspicuously on
seven-foot poles.(Include this note on the site plan.)
g. All handicapped parking stalls shall be paved adjacent to facility access ramps or in strategic
areas where the handicapped shall not have to wheel or walk behind parked vehicles while
traveling to or from handicapped parking stalls and ramps. (Include this note on the site
plan.)
h. Lighting,where provided,to illuminate parking,sales,or display areas shall be hooded and so
arranged and controlled so as not to cause a nuisance either to highway traffic or to the living
environment. The amount of light shall be provided according to the standards of the
Department of Public Works. (Include this note on the site plan.)
9. ACCESS
a. Vehicular and pedestrian access shall be provided as indicated pursuant to Conditions of
Approval for Vesting Tentative Tract Map No.5608/UGM dated August 6.2008.
10. COVENANTS AND AGREEMENTS
a. The covenants, conditions, and restrictions for the owner's association shall comply with
Section 12-1026 of the Fresno Municipal Code.
b. Unless otherwise noted, all covenants or agreements will be prepared upon receipt of the
appropriate fee. Covenants must be approved by the City Attorney's Office prior to issuance
of building permits.
11. OUTDOOR ADVERTISING
a. Signs, other than directional signs, are not approved for installation as part of this special
permit.Submit for a separate Master Sign Program or Sign Review Application.Applications
and requirements for submittal are available at the Planning Division's Public Front Counter.
Note that all signs, including directional signs, must be located outside of the required
landscape setbacks.
b. Signs must comply with Sections 12-212.5-K-2 and 12-207.5-J-1, 2, 3, and 4 of the Fresno
Municipal Code.
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 11
12. BUILDING ELEVATIONS
a. Structures shall be in compliance with building elevations shown in Exhibits B-1, B-2,and B-3
dated August 6,2008.
PART E—CITY AND OTHER SERVICES
1. FIRE PROTECTION REQUIREMENTS
a. Comply with the requirements of the attached Fire Department memorandum dated
December 27,2006.
2. SOLID WASTE COLLECTION
a. Comply with the attached Solid Waste Management memorandum dated January 25,2007.
b. The subject site shall be serviced by the City of Fresno Department of Public Utilities, Solid
Waste Management Division.
3. PUBLIC UTILITIES REQUIREMENTS
a. Comply with the attached Public Utilities memorandum dated January 25, 2007, and
December 27,2006.
4 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT(FMFCD)
a. Comply with the attached Fresno Metropolitan Flood Control District memorandum dated
January 25,2007.
5. SCHOOL FEES
a. School fees must be paid prior to issuance of building permits. Contact Central Unified
School District. Provide proof of payment (or no fee required) prior to issuance of building
permits.
b. Comply with the letter from Central Unified School District dated June 20,2008.
6. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
a. Comply with the attached San Joaquin Valley Air Pollution Control District memorandum
dated January 18,2007.
7. DEPARTMENT OF PUBLIC WORKS STREET TREES DIVISION
a. Comply with the attached Public Works Department,Street Tree Division,memorandum dated
April 24,2008.
Conditions of Approval
Conditional Use Permit Application No.C-06-252
August 6,2008
Page 12
PART F—MISCELLANEOUS
Approval of this site plan is contingent upon the submittal of corrected site plans showing all
existing/proposed on-site conditions as reflected on all exhibits and the following:
1. Include a color and material schedule on the site plan, as well as on the elevations, for the
exterior of all buildings and structures,including the proposed maintenance room.
2. If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating,or construction,work shall stop immediately.(Include this note on the site plan.)
3. If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted. If the remains or other archaeological material is possibly Native American in origin,
the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately
contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (Phone:805/644-2289) shall be contacted to obtain a referral list of recognized
archaeologists. An archaeological assessment shall be conducted for the project,the site shall be
formally recorded, and recommendations made to the City as to any further site investigation or
site avoidance/preservation.(Include this note on the site plan.)
4. If animal fossils are uncovered,the Museum of Paleontology at U.C. Berkeley shall be contacted
to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a
paleontologist and, if the paleontologist determines the material to be significant, it shall be
preserved. (Include this note on the site plan.)
All discretionary conditions of approval will ultimately be deemed mandatory unless
appealed in writing to the Planning and Development Director within 15 days.
KAMaster Files-2006\CUPS\C-06-252,(R-06-063)\C-06-252 Conditions of Approval 8-6-08.doc
City of
PUBLIC WORKS DEPARTMENT
DATE: January 22,2007
TO: Will Tackett,Planner II
Planning and Development Department
FROM: ANN LILLIE,Senior Engineering Technician
Public Works Department
SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5608 AND COMMUNITY FACILITIES
DISTRICT
1. The long term maintenance of all the items listed below is the ultimate responsibility of the
owner/developer. If the Council or property owner/developer chooses not to include all of the items or
certain items listed in a Community Facilities District(CFD),the property owner/developer shall be
responsible for providing a mechanism approved by the City for the maintenance of such items.
• Maintenance of all Landscaping and Irrigation systems as approved by the Public Works
Department within the street right-of-ways(includes parkways and one half of median islands in
Major Streets)and landscape easements associated with the subdivision.
• Maintenance of Sidewalks and Street Furniture as approved by the Public Works Department
within the street right-of-way and landscape easements associated with the subdivision.
• Maintenance of all Street Trees as approved by the Public Works Department within the
boundary of the tentative map.
2. An Annexation Request Package shall be submitted to the Public Works Department if the
owner/developer chooses to be annexed into the City's CFD for maintenance purposes to be
reviewed for acceptance to process. Packages must be complete with all required information in
order to be accepted. The Annexation Request Form is available on-line on the City's website
(http:\www.fresno.gov)under the Public Works Department Developer Doorway.
3. Proceedings to place the Final Map into a CFD SHALL NOT commence until the Final Map has
been annexed into the City of Fresno and the Final Map,Landscape and Street Construction Plans
are considered to be Technically Correct.
Any change affecting the Items in these conditions requires revision of this letter of conditions.
If you have any questions,please call me at 621-8690
c:PW File No.10770 DPW CFD Conditions January 22,2007 '...
DE P A R T M E N T Off= P B L I C WOR KS
TO: Dave Braun,Planner III
Planning Division
FROM: Hilary Kimber,Parks Supervisor II(559.621.8794)
DATE: April 24,2008
SUBJECT: Vesting Tentative Map of Tract No.5608(Located north side of West Santa Ana
Avenue between North Hayes and Polk Avenues)REVISED
The Department of Public Works has reviewed the revised Site Plan proposed by Midstate Investors,LLC
&WEM Properties Inc.,on engineering plans prepared by Associated Design&Engineering Inc.,dated
February 25,2008. The Department of Public Works offers the following comments regarding the
requirements for landscaping and irrigation in street right-of-ways,landscape and trail easements,entry
treatments,outlots and Median Islands.
GENERAL REQUIREMENTS
The changes made to the Site Plan indicate a traffic calming circle at the entrance gate to the townhouse
project. The traffic calming device is eligible for entry to the Community Facilities District(CFD1 l)for
maintenance purposes.
The Landscape Plan designed by Associated Design&Engineering Inc dated October 4,2006 indicates a
total of fifteen(15)street trees on Santa Ana Avenue. There is a total of 654 lineal feet on Santa Ana
Avenue resulting in the requirement of only eleven(11)street trees. The developer may choose to plant
more than the eleven(11)required street trees. All other conditions as stated in the letter to Will Tackett,
Planner on January 22,2007 from Ann Lillie,Senior Engineering Technician apply as stated below.
STREET TREE REQUIREMENTS
1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal
Code and for the dedication of planting and buffer landscaping easements as determined by the
Planning Department. 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
West Santa Anna Avenue Ulmus parvifolia`Drake'-Chinese Elm
2. Street Tree Planting by Developer:
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 Puhlic Works,Engineering Services. A street tree
planting permit shall be required for all residential'street tree planting.
d. Performance and payment securities,paid with final map,will be released when all landscaping
installed on public and/or city controlled property is in conformance with the
Specifications of the City of Fresno.
e. Upon acceptance of the required work,warranty security shall be furnished to or retained by
the city for guaranty and warranty of the work for a period of ninety days following acceptance.
BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS
1. The subdivider shall provide long term maintenance for all proposed landscaped areas within the street
right-of-way and landscape easement by either petitioning for annexation in the Community Facilities District
or by forming a Home Owner's Association.
2. Maintenance Service Through Annexation into 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 have landscaping maintained by annexing into 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 1 foot of level ground between the slope and the back of the side walk and/or face of fence.
Erosion control measures shall be implemented on all slopes of 4:1,including the use of synthetic
erosion control netting in combination with ground cover species approved by the Department of
Public Works/Engineering Services Division.
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.
Clty of
Planning and Development Department
2600 Fresno Street,Third Floor Nick P.Yovino,Director
Fresno,California 93721-3604
(559)498-1591 FAX(559)498-1012
Please reply to:
(559)621-8520
January 25,2007
To: Will Tackett,Planner II
From: Karana Hattersley-Drayton
Historic Preservation Project Manager
Re: Conditions of Approval for Vesting Tentative Map of Tract No.5608
The proposed subdivision planned for the north side of West Santa Anna Avenue between
North Hayes and North Polk Avenues includes a listed historic building,the Brewer Adobe
(HP#227). Conditions of approval as previously discussed with the applicants are as follows:
retention and maintenance of the historic Brewer Adobe and creation(in tandem with the City)
of an interpretive panel that includes a brief history of both the adobe and Highway City.
The subdivision plan corresponds with conceptual drawings submitted in July 2006. Thus the
adobe is surrounded by open space with a fifty foot set-back and perimeter fencing. It is my
understanding that the adobe may be used for storage equipment for the pool but will not be
open to the public. Maintaining pride in this piece of Highway City history will be important in
order to protect it from vandalism and graffiti.
As a reminder to the applicant,they may wish to apply for a 10%federal tax credit for any
repairs and maintenance costs for the adobe. They will also want to use the California
Historic Building Code for any work that is necessary for this historic resource.
Please do not hesitate to call me should you have any questions.
City of
5 S w/�
1—n 400
DEPARTMENT OF PUBLIC UTILITIES
January 25,2007
TO: Will Tackett,Planner II
Development Department,Planning rD���iivvision
kl
THROUGH: Robert Weaey,Chief of OperationN,
Department of Public Utilities,Solid Waste Division
FROM: Chris Weibert,Management Analyst II
Department of Public Utilities,Administration
SUBJECT: TT 5608/UGM and C-06-252,Solid Waste Conditions of Approval
Location: North side of West Santa Ana Avenue between North Hayes and North Polk
Avenues
The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting
Tentative Tract Map 5608/UGM and Conditional Use Permit Application C-06-252 that was submitted
by Harbour & Associates on behalf of Mid State Investors, LLC and WEM Properties, Inc. The
following requirements and conditions are to be placed on this vesting tentative tract map and
conditional use permit as a condition of approval by the Department of Public Utilities.
General Requirements:
• The tract will be serviced as a Multi-Family residential property with bin service.
• Developer shall provide a minimum of six 2-cell trash enclosures on this property. Enclosures
shall be constructed to current City Standards P-33 and P-34.
• Owner shall provide a minimum of 51 cubic yards of solid waste and recycling services per
week.
Conditions of Approval TT5608.doc
City of
DATE: August 1,2008 REVISION VI
TO: Dave Braun,Planner III
Development Department,Planning Division
THROUGH: Bryan D.Jones,T.E.,Traffic Engineering Manager
Public Works Department,Engineering Division
FROM: Louise Gilio,Traffic Planning Supervisor
Public Works Department,Engineering Division
SUBJECT: Public Works Conditions of Approval
TT 5608,C-06-252,&R-06-063(Santa Ana between Hayes and Polk)
Mid State Investors,LLC&WEM Properties Inc. /Harbour&Associates
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 4 copies of a Geometric Approval Drawing(GAD)to Traffic Engineering for review and approval,
per the attached checklist,prior to final map.
Submit the following plans,as applicable,in a single package,to the Planning and Development
Department for review and approval:Street Construction,Signing,Striping,Traffic Signal and Streetlight
and Trail Lighting,Signing and Striping.
Frontage Improvement Requirements:
Major Streets:
Shaw Avenue:Arterial 6 lanes
1. Dedicate 62'of property,from center line,for public street purposes within the limits of this
subdivision to meet the City of Fresno's Arterial Standards.
2. Construct concrete curb,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".
3. Construct 20'of permanent paving within the limits of this subdivision.
4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial
Streets.
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5. Relinquish d;reGt vehiGulaF aGGess rights tA Rhay.,Ava'Run from all lets%A.,ithin-thiF;si 0diwision
6. Construct a 30'minimum to 35'maximum driveway approach per Public Works Standards P-2
and P-4.
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. All driveways shall be constructed to Public Works Standards API-8 and P-4. Sidewalk
patterns shall comply with Public Works API Standards for 50'and 54'streets.
Santa Ana Avenue:Local
1. Dedicate 30'of property,from center line,for public street purposes within the limits of this
subdivision to meet the current City of Fresno Local Standards.
2. Construct concrete curb,gutter and sidewalk to Public Works Standard P-5. The curb shall be
constructed to a 10'residential pattern. Construct 20'of permanent paving(measured from face
of curb)within the limits of this sub-division.
3. Construct an underground street lighting system to Public Works Standard E-2 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local
Streets.
4. Relinquish direct vehicular access rights to Santa Ana Avenue from all lots within this subdivision.
5. Proposed access to Santa Ana shall be an entrance only.
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:Planner to require the developer to provide all items below prior to
Planning Commission Hearing
1. This tract will generate 76 a.m./103 p.m.peak hour trips;therefore,a Traffic Impact Study(TIS)
is not required.
2. Pedestrian Easements:Identify all pedestrian easements on the map.
a. Major Streets:A 2'dedication for a pedestrian easement is required.
b. Local Streets constructed to API-1 and/or API-2: A 1'pedestrian easement is required on
all streets with driveway approaches.
3. The first order of work shall include a minimum of two points of vehicular access to the major
streets for gny phase of this development.
4. Gates: nqLgWroved with this develepment.it gates are desired eF may be desired In the
required.future,redesign is Provide a minimum of 100'of stacking for 102 units.Provide
detail on site plan.(can be split between entrances)
we4o the emaiader does not meet e+�ts-1#tk�e
designateddFiveway Is pIaRR_ e- lbe used as aan-A-ess to Shaw,it mitGt be g
a.
b €. tom
G.
6. Full dedication adjacent to the remainder on Shaw Avenue shall be required. Identify the
remainder on the map.
7. Provide a permanent traffic circle at Santa Ana and Gregory. Provide detail on the tentative map.
Page 2 of 6
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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 iG$,414.68 per single family unit(fee rate as shown in the Master Fee Schedule).
1. Shaw Avenue:Arterial:Install a signal pole with a 150-watt safety light and an oversize street sign
to Public Works Standards at the southeast corner of Shaw Avenue and Hayes Avenue.
UGM Requirements:
This Map is in UGM major street zone E-4;therefore pay all applicable UGM fees.
Haves Avenue:Collector
1. Dedicate and construct(2)17'center section travel lanes with 250'left turn lanes,at all major
intersections from Santa Ana to Shaw. An additional 6'of paving shall be required adjacent to the
250'left turn lanes. Dedication shall be sufficient to accommodate additional paving and any
other grading or transitions as necessary based on a 45 MPH design speed.
Shaw AVeRue� Revised per Mike Kim on 1-29-07
yl'ithiR the liln&A Af this subdiviskw. GoR6truGt a raised nonerete rnediqn with 250'IS#turn peGkets
at all major Details 0-f.Said S-tr.eet shall.be depicted on the traet
trAnq;fienq as nonessapy based GR a 55 MPH design sp ad. (identify prepared crorF;AeAtien GR
the map)
7 fle.-0'eate and-a netr of the tWG n n+er 17 feet inn separated by a 16'median from Ha
Avenue to Hiqhwg-!.!2-2— GGRstruet a raiseel eenArete median with a 250'left tUFR PGGket for SID
-Ppdiciate A,lfidaRt right of way and GGnStFUGt r
El. WestbeuRd to eastbound U tUFRs at Hayes
Veterans 99 interGhanae Fees-
V''Fanq BGLileva -F4eSne
rr la+'nn Ela nt n the nr»F nannral Plan rt„sta GUr-reRtly-w0 dy-fiepGA
(PSR)f
Measat -Gost-e e tat
ell of$37.222 million The estimate
served by the new Veterans levard -9
,Go eF the short fall to get this
PFes,e wildN 7 fl$529/AT that
,- fatr-
ulatiOR-Rement-Af the
General Plan MEIR in aeGe Ge-/It-h-the-,Mitiga# _FeAet This PrOjeGt aholl n�'�G Ugt�h�at
Page 3 of 6 F
C:\DOCUME-1\DAVEB-1.FRE\LOCALS-1\Temp\GWViewer\T-5608 REVISION VI Santa Ana btwn Hayes and Polk.doc
are sep.�ed by the VeteraRs-PAwlevard/SR 99 iRterGhaRge and overpass
ae 6e�-Rae�e�
FUR.The appliGant naR Ahoose to have the City of FFE)SRo TraffiG Engineering MaRager r4he-de&jRated
TraffiG EngiReeriRg staff detGrMiRe the Rumber nf ADT based Gn---0--iRg judgment and/or other
TraffiG!rRpaGt Studies done in the area or request the model to-b-- -b-,'F--GRG G QG40 Provide for
review and approval by TraffiG ERgiReering staff.Th s total fair share mitigation
she!!be paid ffiff to oGGupaGt fee--fer t#e-yrsjeGt
aGy.Gf the first dwelling unit or bui"-a.�he Impost fee is payab44G-G4y-of
€res a#GR4ee.
State of California Department of Transportation(Caltrans)Fees:
Applicant shall pay fair share contribution as determined by the State of California Department of
Transportation(Caltrans)to be collected by the City of Fresno Public Works Department Traffic
Engineering prior to a Final Map.
Page 4 of 6
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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 5 of 6
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City of
DATE: July 11,2007 addendum I
TO: Dave Braun,Planner III
Development Department,Planning Division
FROM: Louise Gilio,Traffic Planning Supervisor
Public Works Department,Engineering Division
SUBJECT: Public Works Conditions of Approval
TT 5608(Santa Anna between Polk and Hayes)
Mid State Investors,LLC&W EM Properties Inc./Harbour&Associates)
In addition to the previous comments the following shall apply:
Specific Mitigation Requirements:
8. Local street lengths exceeding 800'and four way intersections require traffic calming measures.
Provide permanent traffic circles at the following locations per Exhibits"€","F=an-d
City of
Iffn r-in -.\\i4--__
ff_ff1=i71V1V46Y
WATER DIVISION
Date: December 27,2006
To: DOUG HECKER,Supervising Engineering Technician
Department of Public Utilities,Administration
From: MICHAEL CARBAJAL,Supervising Engineering Technician t
Department of Public Utilities,Water Division
Subject: WATER REQUIREMENTS FOR TENTATIVE TRACT NO.5608/UGM
The following conditions are required to provide water service to the tract.
1. Construct a water supply well(s)on a site(s)dedicated to the City of Fresno. The well(s)
shall be capable of producing a total of 500 gallons per minute. Well sites shall be of a
size and at a location acceptable to the Water Systems Manager. The cost of acquiring
the well site(s)and construction of the well(s)shall be reimbursed from the UGM Water
Supply Well Service Area Fund 201 s,in accordance with established UGM policies.
2. Water well construction shall include wellhead treatment facilities,if required. The cost
for constructing wellhead treatment facilities shall be reimbursed from UGM Wellhead
Treatment Service Area Fund 201s,in accordance with established UGM policies.
3. Separate water services with meters shall be provided to each lot created.
4. Two independent sources of water,meeting Federal and State Drinking Water Act
Standards,are required to serve the tract including any subsequent phases thereof. The
two-source requirement may be accomplished through a combination of water main
extensions,construction of supply wells,or other acceptable sources of water supply
approved by the Water Systems Manager.
5. All public water facilities shall be constructed in accordance with Public Works
Department standards,specifications,and policies.
6. Seal and abandon existing on-site well(s)in compliance with the State of California Well
Standards,Bulletin 74-90 or current revisions issued by California Department of Water
Resources and City of Fresno standards.
TAPROJM\MEC\Conditions of Approval\5608 122706.doc
File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr.Gil Haro,Planning Manager MIDSTATE INVESTORS,LLC&
Planning&Development Department WEM PROPERTIES INC
City of Fresno 5067 N.MARIPOSA,SUITE 102
2600 Fresno Street FRESNO,CA.93710
Fresno,CA 93721
MAP NO. 5608 PRELIMINARY FEE(S)(See below)
DRAINAGE AREA(S) " Al DRAINAGE AREA AI $68,280.00
DATE 4,1510 DRAINAGE AREA
TOTAL FEE $68,280.00
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 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 /per
indicated above is based on the tentative map.Contact the FMFCD project engineer prior to v�
approval of the final map for the fee.
AhAk
Considerations which may affect the fee obligation(s)or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions ofthe 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 pennanent provisions are made to assure that the site remains in that
c) Master Plan stone 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.
sax 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation,reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. a. Drainage from the site shall be directed to
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 41-�
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
X Developer shall construct facilities as shown on Exhibit No. 1 as"Master Plan
Facilities to be constructed by Developer".
None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval
X Grading Plan X Storm Drain Plan X Final Map
X Street Plan X Water&Sewer Plan Other
4. Availability of drainage facilities:
X a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No.2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District
recommends temporary facilities until permanent service is available.
Temporary service is available through
X d. See Exhibit No.2.
5. The proposed development:
Appears to be located within a 100 year flood prone area as designated on the latest
Flood Insurance Rate Maps available to the District,necessitating appropriate
floodplain management action. (See attached Floodplain Policy.)
sans 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 subject site contains a portion of a canal or pipeline that is used to manage
recharge,storm water,and/or flood flows.The existing capacity must be preserved
as part of site development.Additionally,site development may not interfere with
the ability to operate and maintain the canal or pipeline.
7. 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• State General Permit for Storm Water Discharges Associated with Construction
Activities,approved August 1999,(modified December 2002.) A State General aft
Construction Permit is required for all clearing,grading,and disturbances to the �7
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 Aq
prevention plan,eliminate non-storm water discharges,conduct routine site gyp
inspections,train employees in permit compliance,and complete an annual
certification ofcompliance.
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.
ssox 5469 E.OLIVE- FRESNO,CA 93727-(559)456-3292- IMAX(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.
8. 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.
9. 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.
10. X See Exhibit No.2 for additional comments,recommendations and requirements.
Gerald E.Lakem , PWctineer: Mi z lina
District Engineer
C: HARBOUR&ASSOCIATES
389 CLOVIS AVE,SUITE 300
CLOVIS,CA.93612
sena 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 Two sided document
NOTE:
--_� DIST DRAWING IS PPROYJMAT
DISTANCES AI2H APPROXIMATE.-I
• — �6 •—'—'—'---._._.-36"
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---=W. SHAW -- AVE
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�I I SANTA ANA I 7------Ly------------
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LEGEND ¢ -- -
Master Plan Facilities To Be Constructed By Developer
I �
Up— >
-Pipeline(Size Shown)&Inlet(Eligible For Fee Credit) —. I
---- Direction Of Drainage
E——— Existing Master Plan Facilities
Z—-— Future Master Plan Facilities
Inlet Boundary
—• Drainage Area Boundary SCALE V=200' TRACT 5608
CUP 2006-252
DRAINAGE AREA;"AI"
wC EXHIBIT N0, 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
—BY Mope onic: maro�
KVwwaebWGSWE%NIBq\igAC1Sl56BBbq gEVISE�BY:— _.
Dare
OTHER REQUIREMENTS
EXHIBIT NO,2
The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements,
is eligible for credit against the drainage fee of the drainage area served by the facilities. A
Development Agreement shall be executed with the District to effect such credit. Reimbursement
provisions, in accordance with the Drainage Fee Ordinance,will be included to the extent that
developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the
facilities cost for such individual area total less than the fee of said area,the difference shall be paid
upon demand to the City or District.
The developer of Tract 5608 shall be required by the District to follow drainage patterns depicted on
Exhibit No.1. This development must therefore provide non-Master Plan pipeline extensions,street
right-of-ways,or improved drainage channels to allow storm water runoff from the properties along
the northerly and easterly perimeter boundaries of Tract 5608 to reach District's Master Plan
facilities.
The west half of the development is Master Planned to flow to the inlet in Hayes Avenue. The
development will need to provide non-Master Plan pipeline extensions,street right-of-ways,or
improved drainage channels to allow storm water runoff from the west half of the tract.
The District will need to review and approve the proposed method of storm water conveyance prior
to implementation. The District requires the developer's Engineer to contact the District during the
design of the grading and drainage plans,if there are any proposed design alternatives to the Master
Plan.
A minimum of fifteen-foot(15')wide storm drain easement will be required whenever storm drain
facilities are located on private property. No encroachments into the easement will be permitted
including,but not limited to,foundations,roof overhangs,swimming pools,and trees. The easement
may be slightly realigned to accommodate future development,provided the property owner accepts
the responsibility to grade the property such that the drainage from the property will reach inlets on
the alternate pipeline alignment,and accepts any additional costs for the construction of additional
storm drain facilities that may be required. Any proposed storm drain alignments must be reviewed
and approved by the District.
Development No. Tract 5608
Eng\Perm it\exhibit2\tracts\5608(mmm)
San Joaquin Valley
AIR POLLUTION CONTROL DISTRICT
JAN 18 2007
Will Tackett
City of Fresno
Development Department
2600 Fresno Street
Fresno,CA 93721
s�a8
Project: Vesting Tentative Tract Map No.-6&9&
Subject: CCQA comments Fegarding the development of a 102 unit Fiuitl-family
residential property on 10.3 acres
District Reference No: 200700005
Dear Mr.Tackett:
The San Joaquin Valley Unified Air Pollution Control District(District) has reviewed the
project referenced above and offers the following comments:
Findings of Significance
The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and
particulate matter (PM10 and PM2.5). This project would contribute to the overall
decline in air quality due to construction activities in preparation of the site, and ongoing
traffic and other operational emissions. Based on the information provided,the District
expects that the project would not exceed the District's thresholds of significance for
ozone precursors of 10 tons per year of reactive organic gases (ROG) and oxides of
nitrogen(NOx). 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
bC h�h.^,id^t0 h^dU�e piOjeCf•:".^-,la^cCvi C-ihiiSSiC,iS as vUtlii"tvd below:
Applicable District Rules
Based on the information provided, the proposed project will be subject to the following
District rules. These rules have been adopted by the District to reduce emissions
throughout the San Joaquin Valley, and are required. This project may be subject to
additional District Rules not enumerated below. To identify additional rules or
regulations that apply to this project, or for further information, the applicant is strongly
Seyed Sadrediu
Executive DirectorlAir Pollution Control Officer
Northern Region - Central Region(Main Office) Southern Region
4800 Enterprise Way 1990 E.Gettysburg Avenue 2700 M Street,Suite 275
Modesto,CA 953568718 Fresno,CA 93726-0244 Bakersfield,CA 933012373
Tel:(209)5576400 FAX:(209)5576475 Tel:(559)2306000 FAX:(559)2306061 Tal:(6611326-6900 FAX:1661132-66985
v.v-.valleyair.org
Pnnteo an ecyclntl pel a 6�
Mr.TackeH Page 2
VTTM No.5806
encouraged to contact the District's Small Business Assistance Office at (559) 230-
5888. Current District rules can be found at www.valleyair.org/rules/1 ruleslist.htm.
Regulation VIII (Fugitive PM10 Prohibitions) Rules 8011-8081 are designed to reduce
PM10 emissions (predominantly dust/dirt) generated by human activity, including
construction and demolition activities, road construction, bulk materials storage, paved
and unpaved roads, carryout and track out, landfill operations, etc. The District's
compliance assistance bulletin for construction sites can be found at
www.valleVair.org/busind/comply/PM10/Req VIII CAB.pdf.
Rule 4002 (National Emission Standards for Hazardous Air Pollutants) In the event
that any portion of an existing building will be renovated, partially demolished or
removed, the project will be subject to District Rule 4002. Prior to any demolition
activity, an asbestos survey of existing structures on the project site may be required
to identify the presence of any asbestos containing- building material (ACBM). In
accordance with CAL-OSHA requirements, a certified asbestos contractor must -
remove any identified ACBM having the potential for disturbance. If you have any
questions concerning asbestos related requirements, please contact Mr. Joe Avila at
(559) 230-5951 or contact CAL-OSHA at (559) 454-1295. The District's Asbestos
Requirements Bulletin can be found online at http://valleyair.org/busind/comply/
asbestosbultn.htm.
Rule 4102(Nuisance)This rule applies to any source operation that emits or may emit
air contaminants or other materials. In the event that the project or construction of the
project creates a public nuisance, it could be in violation and be subject to District
enforcement action.
Rule 4601 (Architectural Coatings) This rule limits volatile organic compounds from
architectural coatings by specifying architectural coatings storage, clean up and
labeling requirements and applies to any person who supplies, sells, offers for sale,
applies,or solicits the application of any architectural coating.
Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance
Operations)If asphalt paving will be used,then paving operations of this project will be
subject to Rule 4641.This rule applies to the manufacture and use of cutbeck asphalt,
slow cure asphalt and emulsified asphalt for paving and maintenance operations.
Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) This rule limits
PM10 and PM2.5 emissions from residential development. Construction plans for
residential developments may be affected by section 5.3,specifically:
5.3.1 — No person shall install a wood burning fireplace in a new residential
development with a density greater than two(2)dwelling units per acre.
5.3.2 — No person shall install more than two (2) EPA Phase II Certified wood
burning heaters per acre in any new residential development with a density equal
to or greater than three(3)dwelling units per acre.
Mr.Tackett Page 3
VTTM No.5806
5.3.3—No person shall install more than one (1)wood burning fireplace or wood
burning heater per dwelling unit in any new residential development with a density
equal to or less than two(2)dwelling units per acre.
More information about Rule 4901 can be found on our website at www.valleyair.org.
For compliance assistance, please contact Mr.Wayne Clarke,Air Quality Compliance
Manager,at(559)230-5968.
Rule 9510 (Indirect Source Review) This rule was adopted to reduce the impacts of
growth in emissions from all new development in the San Joaquin Valley. Rule 9510
requires applicants subject to the rule to provide information that enables the District to
quantify construction, area and operational PM10 and NOx emissions, and potentially
mitigate a portion of those emissions. Rule 9510 requires construction exhaust
emissions to be reduced by 20 percent for NOx and 45 percent for PM10 when
compared to the statewide fleet average or to pay an in lieu mitigation fee. An
application must be filed with the District no later than concurrent with application with a
local agency for the final discretionary approval: For more information and instruction,
please contact the District's ISR staff by phone at (559) 230-5800 or by email at
ISR(@valleyair.org.
Recommended Mitiqation Measures
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 of Fresno development standards. Any
measure selected should be implemented to the fullest extent possible.) The
suggestions listed below should not be considered all-inclusive and remain options
that the agency with the land-use authority should consider for incorporation into the
project.
Large canopy trees should be carefully selected and located to protect the buildings
from energy consuming environmental conditions, and to shade 50% of paved areas
within 15 years. Also, 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 tcmprou tree growth. For more information see
www.hort.cornell.edu/uhi/outreach/csc/, www.ufei.org , www.coolcommunities.org,
www.lgc.orq/bookstore/energy/downloads/siv tree quidelines.pdf, and www.fs.fed.us/
psw/programs/cufr/
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.
As many energy conserving and emission reducing features as possible should be
included in the project. Energy conservation measures include both energy
Mc Tackett Page
VTTM No.5806
conservation through design and operational energy conservation. Examples include
(but are not limited to):
Increased energy efficiency (above California Title 24 Requirements); energy
efficient windows,lighting, appliances,and heating/cooling systems;programmable
thermostats. For more information. see www.energy.ca,gov/title24/ and
www.ener-qvstar.qov/.
Use Low and No-VOC coatings and paints. For more information see South
Coast's site for No-VOC Coatings at www.agmd.gov/prdas/brochures/
paintguide.html.
High-albedo (reflecting) roofing material. For more information see
http://eetd.Ibi.gov/coolroof/.
Cool Paving. "Heat islands" created by this and similar projects contribute to the
reduced air quality in the valley by heating ozone precursors. See
www.harc.edu/harc/Proiects/CoolHouston/and http://eande.lbl.gov/heatisland/.
Radiant heat barrier. See www.eere.energy.gov/consumerinfo/refbriefs/bc7.htmi.
Features to promote energy self-sufficiency (solar water-heating systems,
photovoltaic cells, solar thermal electricity systems, small wind turbines, etc.)
Rebate and incentive programs are offered for alternative energy equipment. For
more information see www.energy.ca.gov/renewables/, www.dsireusa.org, and
http://rredc.nrel.gov/.
Awnings or other shading mechanism for windows and porch, patio and walkway
overhangs
Ceiling fans,whole house fans
Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal
flywheels). See www.eere.energy.gov/RE/solar passive.html.
Utilize day lighting (natural lighting)systems such as skylights, light shelves, interior
transom windows etc. For more information see www.advancedbuildings.org/.
Electrical outlets around the exterior of the units to encourage use of electric
landscape maintenance equipment
Natural gas fireplaces(instead of wood-burning fireplaces or heaters)
Natural gas lines (if available to this area) in backyard or patio areas to encourage
the use of gas barbecues
Construct paths to connect the development to nearby bikeways or sidewalks. For
more information see www.vtpi.org/tdm/tdm85.htm and www.bicyclinginfo.org.
Pre-wire the units with high speed modem connections/DSL and extra phone lines
Exits to adjoining streets should be designed to reduce time to re-enter traffic from
the project site
More information can be found at www.ciwmb.ca.gov/GreenBuilding ,www.lgc.org/,
www.sustainable.doe.gov/,and www.consumerenergycenter.org/index.htmi.
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
Mr.Tackett Page 5
VTTM No.5806
Replace fossil-fueled equipment with electrically driven equivalents (provided they
are not run via a portable generator set)
Require that all diesel engines be shut off when not in use to reduce emissions
from idling
Curtail construction during periods of high ambient pollutant concentrations; this
may include ceasing of construction activity during the peak-hour of vehicular traffic
on adjacent roadways,and"Spare the Air Days"declared by the District.
Implement activity management (e.g. rescheduling activities to reduce short-term
impacts)
During the smog season(May through October),lengthen the construction period
to minimize the number of vehicles and equipment operating at the same time.
Off road trucks should be equipped with on-road engines when possible.
Minimize obstruction of traffic on adjacent roadways.
District staff is available to meet with you and/or the applicant to further discuss the
regulatory requirements that are associated with this project. If you have any questions
or require further information, please call Jon Klassen at (559) 230-5843 and provide
the reference number at the top of this letter.
Sincerely,
David Warner
Director of Permits Services
f /Arnaud Marjollet
Permit Services Manager
DW:jk
cc: File
%F L C',
CENTRAL UNIi'IED SCHOOL DISTRICT
A,. .r.d
OPERATIONAL SERVICES
°t- 4605 North Polk Avenue • Fresno California 93722
Phone: (559)274-4700 ext. 105 • FAX: (559) 276-5515
Bert Contreras,Director-Operational Services
Facilities Project Manager
Eddie Davidson,work Control Manager
Diane Komoto,Transportation Director
David Deel,Facilities Planning Manager
June 20,2008
City of Fresno (�
Planning&Development Department
2600 Fresno Street JUN 2 4 2009
Fresno,CA 93721 Planning Division
Fax:498-1026 Planning&Development Dept
CITY OF FRESNO
Attn: Will Tacket
Subject: TT 5608
102 Units
Multi-Family Residential Planned Development
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 the 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.
Comments:
The proposed project will add approximately 102 students (grades K-12) to the District's
average daily attendance as indicated in the chart below.
District Adminislradon
Al-bu Ryder,Ed.D.SuperintendenttaurelAshiocA,,Ed.D.Chief Academic ONcer Mike Berg,Chief Pusiness Officer
Chris Williams,Assistant Superintendent,Human Resources Chad Wood,Administrator,Information Technology Services
4605NP01k AVP1n Fresno.!.A 97727 Ph./SS91774-4700 Fa /559)771-R700
TT 5608
6/20/2008
Page 2 of 4
Number of lots/units for SFR= MFR= 102
Grade Level: #of Students Generated
K-6 grade students 0 24
7-8 grade students 0 5
9-12 grade students 0 8
TOTAL K-12 grade 0 37
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$4.15 per square foot for residential development
and $0.42 per square foot for commercial / industrial development. As a point of
information, development fees are subject to increase every two years by the State
Allocation Board. Any new development on the property will be subject to the
development fees in place at the time development fee certificates are obtained.
Sidewalks will be required along interior neighborhood streets and major exterior streets
to provide the necessary identifiable boundary between students and traffic, and provide
a safe place for students walking to and from existing school sites and bus stops.
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.
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-8t" 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 following school of attendance information is provided:
Please note: The District is constructing a phased "educational center" on the NEC of
Grantland and Ashlan Avenues. The 1St phase of construction is completed with the
opening of Harvest Elementary. Construction of the 2"d phase which includes a 1000
student capacity Middle school will start late summer of 2008, to be open in August
2010. The final phase will include a new 2500 student capacity High school with a
projected opening in August 2013. These proposed new schools may affect the school
of attendance for the proposed project and/or the attendance boundary of the following
schools:
• Elementary School Information:
School Name: Teague Elementary
Address: 4725 N. Polk Ave
TT 5608
6/20/2008
Page 3 of 4
• Middle School Information:
School Name: Rio Vista Middle School
Address: 6240 W. Palo Alto Ave.
• High School Information:
(a) School Name: Central High School—East Campus
Address: 3535 N. Cornelia Ave
(b) Currently, Central High School- West Campus is a mandatory attendance 9th
grade school with optional programs for grades 10t"-12t".
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 559-274-4700 x102 or
ddeel aAcentralusd.k12.ca.us.
Sincerely,
David Dee[
Facilities Planning Manager
�t
cc: FILE
Attachment A
Standard County Conditions of Approval
The recommended items below reflect County design standards,policies,and practices and should
be imposed as conditions of approval for this project.
1. Annexation: The entire existing County road right-of-way along the project frontage shall
be acquired in the annexation for this project. This acquisition should extend:
A. on opposite side of section line along the project frontage,
B. through all adjacent or proximate intersection(s),and
C. along both sides of existing County road right-of-way beyond project sufficient to
provide roadway transitions,channelization,drainage,and utility clearance required
to accommodate the mitigation measures called for in the Traffic Impact Study(TIS),
Traffic and Engineering Study(TES),or road improvement plans.
2. Public Road Right-of-Way: Should any part of the public road right-of-way along the public
road frontage(s)of this project not lie within the incorporated boundaries or not be taken in
as a City Street per Streets and Highways Code Section 1810,the city shall request
Consent to Acquire all unincorporated road right-of-way along the frontage of this project.
3. Board of Supervisors Approval: The following features of a project require Board
approval prior to issuance of Fresno County Road Encroachment Permits.These include
the following:
a. Consent to acquire additional road right-of-way within County jurisdiction.
b. Approval to install stop signs and traffic signals on joint city-county boundary streets
per FCOC Section 11.040.020(hffp://munigipalcodes,lexisnexis.com/codes/fresno/)
and Vehicle Code Section 21105.
c. Approval to install parking restrictions in excess of 200 feet per FLOC Section
11.12.020 Hazardous or congested areas.
4. Safe Route to School:An all-weather walkway for school students shall be constructed
between the project site and all schools for which bussing is not provided. (The Fresno
County General Plan,Policy Statement No.PF-1.2 states"The County shall encourage
school facility siting that establishes schools as focal points within the neighborhood and
community in areas with safe pedestrian and bicycle access.")
In accordance with the California Manual on Uniform Traffic Control Devices(CMUTCD),
Chapter 7A,a school route plan shall be prepared in order to develop uniformity in the use
of school area traffic controls and to serve as the basis for a school traffic control plan for
the school.(As stated in the CMUTCD,"The school route plan,developed in a systematic
manner by the school,law enforcement,and traffic officials responsible for school
pedestrian safety,should consist of a map showing streets,the school,existing traffic
controls,established school walk routes,and established school crossing.")
Applicant shall contact school district to request trip generation data and work with contact
for development of Safe Route to School Map and its features.
5. Traffic and Engineering Study: A TES shall be prepared by the applicant and be included
in the initial Street Improvement Plans submittal to County.A meeting with the applicant
should be scheduled with staff to provide information on the scope of the study and
preparation of the school route plan. This study shall address all modes of traffic.
6. Bike Lanes: When the city requires a bike lane on the development side of a major street,
comparable provisions shall be made on the opposite side of the development to
accommodate bike flow in both directions.
7. Driveway Design:Adequate road right-of-way shall be acquired to provide for development
of all required road improvements. This would include providing for 10 foot minimum
clearance between edge of pavement and right-of-way line,which 10 foot clearance
addresses parking,driveway sight distance,and geometric needs for driveway ingress and
egress for large vehicles. For urban approaches,a design speed of 45 MPH and,for rural
approaches,a design speed of 55 or 65 MPH(CVC Maximum Speed Law)shall be used.
8. Pavement Transitions: Pavement transition lengths shall be based on the formula L=WS
for prevailing/operating speeds greater than 40 mph or L=WS2/60 for critical speeds less
than or equal to 40 mph.
9. Grading and Drainage Plan Review: The applicant shall provide the County with
proposed"Grading and Drainage Plans"for review and approval to ensure that properties
adjacent to the project are not adversely impacted by the increase in storm water runoff or
alteration to existing drainage patterns.Please contact County Grading Engineer at(559)
262-4022 for plan check and other fees.
10. Street Plan Review and Permit: Street Improvement Plans shall be submitted to the
County for review and approval prior to start of construction within County jurisdiction. No
work within County roads shall begin prior to obtaining required road right-of-way,County
Street Improvement Plan approval,and a County Road Encroachment Permit. Screening
and Plan Review Checklists are available upon request from County staff.
11. Partnering at Conceptual Stage: The applicant or his consultant should establish
communication early on with County staff to ensure coordination of joint City and County
review of construction plans.Communication should be well established at the conceptual
stage of plan development and after Project Conditions have been set by the Plannino
Commission and/or Council.Utility Plans should be handled in like manner.
12. Improvements Required along Fully-Built County Parcels: Conditions should be placed
on projects requiring the applicant to construct full-width,full-build street improvements
along those frontages where prior County parcels are already developed at their highest and
best use,usually where a two-lane road in a 60 foot or less right-of-way width was required.
13. Public Notice: Public notice should be given to all County residents potentially impacted by
improvements proposed within public roadways.Such notice should be given prior to public
hearing to allow time for consideration and input to City staff and attendance to public
hearing.This project shall also be conditioned to require the applicant to involve such
County residents in the plan preparation stage such that impacts to their property and
improvements in the public road right-of-way are addressed equitably.
NOTE TO CITY STAFF:
Notice of Hearings: Please provide a copy of the final Transportation Conditions of Approval for
this project with at least 10 days prior notice to City Planning Commission and Council for hearing
of this project.
Attachment B
Scope of Traffic and Engineering Study(TES)Road Intersection/Road Segment
The TES performed for the subject road intersection/segment should be prepared by a
Professional Engineer and should evaluate at the minimum the following elements:
1. Existing Channelization—Left,through,and right turn lanes
2. Existing operating speeds
3. Existing and future(20 Year)traffic volumes for all modes of traffic
4. Adequacy of existing pavements to absorb additional project traffic(Traffic Index
evaluation)
5. Five(5)Year Collision History
6. Existing Intersection and Private Driveway Sight Distance
7. Existing Safe Stopping Sight Distance
8. Access management issues for safety and highway capacity
9. Traffic congestion school sites
The TES should do the following:
1. Analyze Traffic Safety and Capacity of Existing Intersections,and Intersections with
Project traffic,using Fresno County Stop Sign Policy,Caltrans Highway Design Manual,
CMUTCD(Warrants 1,2,3,5,and 7)and Highway Capacity Manual(LOS C). The
report should include a digital or hard copy photo study of relevant features in the field to
assist in evaluation.
2. Identify Project Impacts to existing highway facilities
3. Recommend Project Mitigation Measures
The applicant may request traffic volume and collision data on file with the department for use in
the TES.
Attachment C
List of Fresno County Contacts
1. Maintenance&Operations Division
Fresno County Public Works&Planning Department
2220 Fresno CA 93721
Tulare Street,6th Floor
(559)262-4240 Office
(559)262-4166 Fax
Division Web Site:http://vvww.co.fresno.ca.us/4510/4510/maintena.htm
Jose Aguilar,Senior Engineer
E-mail: icaguilaroco.fresno.ca.us
Robert L.Thompson,Assistant Manager
E-mail:rthompsonco.fresno.ca.us
Johannes,Hoevertsz,Manager
E-mail:Ihoevertsz(a co.fresno.ca.us
2. Development Engineering Section
Development Services Division
Fresno County Public Works&Planning Department
2220 Fresno CA 93721
Tulare Street,6th Floor
(559)262-4022 Office
(559)262-4166 Fax
Dan Gibbs,Senior Engineer
Robert Greene,Deputy County Surveyor
E200710009207
CITY OF FRESNO—ENVIRONMENTAL ASSESSMENT/INITIAL STUDY
FINDING OF CONFORMITY/MSIR NO. 10130
Pursuant to Section 21157.1 of the California Public Resource Code DFE�Elv�p FOR[FG
(California Environmental Quality Act) the project described below is ILIA
determined to be within the scope of the Master Environmental Impact Report
(MEIR)No. 10130 prepared for the 2025 Fresno General Plan
Initial study is on file in the Planning and Development Department,City Hall, APR 2 6 2001
2600 Fresno Street,Fresno,California 93721 C U Ty
(559)621-8277 B
Applicant: Initial Study Prepared By:
Midstate Investors,LLC&WEM Properties,Inc. Will Tackett
5067 North Mariposa,Suite 102 Planner III
Fresno,CA 93710 Aril 26,2007
Environmental Assessment Number: Project Location(including APN):
EA No. R-06-63/C-06-252/T-5608 North side of West Santa Ana Avenue between
North Hayes and North Polk Avenues.
(APN[S]311-140-03,04&14)
Project Description:
Harbour and Associates Civil Engineering, on behalf of Midstate Investors, LLC and WEM Properties, Inc.,
has filed Rezone Application No. R-06-63, Conditional Use Permit Application No. C-06-252 and Vesting
Tentative Tract Map No.5608/UGM for approximately 8.79 net acres(10.32 gross acres)of property located
on the north side of West Santa Ana Avenue between North Hayes and North Polk Avenues. Rezone
Application No. R-06-63 proposes to rezone the subject property from the AE-5/UGM (Exclusive Five-Acre
Agricultural/Urban Growth Management) zone district to the R-2/UGM (Low Density Multiple Family
Residential/Urban Growth Management)zone district.Related Vesting Tentative Tract Map No.T-5608/UGM
and Conditional Use Permit Application No. C-06-252 propose to subdivide the subject property for a 28-lot,
102-unit multiple family residential planned development at an overall density of 11.60 dwelling units per acre.
Conformance to Master Environmental Impact Report(MEIR NO.10130):
The 2025 Fresno General Plan and the West Area Community Plan designate the subject parcels for
medium-high density residential planned land uses. The proposed R-2/UGM (Low Density Multiple Family
Residential/Urban Growth Management) zone district for the subject site may be found consistent with the
medium-high density residential planned land use designation pursuant to Section 12-403-B-1 of the Fresno
Municipal Code(FMC). Development of the subject property at the proposed overall density of 11.60 dwelling
units per acre is consistent with the medium-high density(10.38-18.15 dwelling units/acre)residential planned
land use as designated by both the 2025 Fresno General Plan and the West Area Community Plan.
The Planning and Development Department staff has prepared an initial study and environmental checklist
and evaluated the proposed rezoning in accordance with the land use and environmental policies and
provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report(MEIR)No.
10130. The subject property is proposed for development in the future with residential uses at an intensity
and scale that is permitted by the planned land use and proposed zoning designation for the site. Thus,the
rezoning will not facilitate an additional intensification of uses beyond that which already exists or would be
allowed by the above-noted planned land use designation. Moreover, it is not expected that the future
development will adversely impact existing city service systems or the traffic circulation system that serves
the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities
Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have
been applied to the project necessary to assure that the project will not cause significant adverse cumulative
impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No.
10130 as provided by CEQA Section 15178(a).
Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may
be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not
Finding of Conformity Under MEH No.10130
Environmental Assessment No.R-06-63/C-06-252/7-5608
Page 2
cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this
specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan
land use designations, include impacts associated with the medium-high density residential land use
designation specified for the subject parcel. Based on this initial study,the proposed project does not change
the land use indicated for the subject parcel and will not generate additional significant effects not previously
identified by the MEIR and no new additional mitigation measures are required. Therefore, the project
proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines.
Moreover,as lead agency for this project,the Planning and Development Department,per Section 15177(d)
of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall
apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has
been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by
Section 21092 of the California Public Resources Code(CEQA provisions).
n4.,� 1'2 �c tin 7
Darrell Unruh Dat
Planning Manager,City of Fresno
Attachments: Environmental Checklist/initial Study for Environmental Assessment No.
R-06-63/C-06-252/7-5608
Mitigation Monitoring Checklist(MEIR No.10130)for Environmental Assessment No.
R-06-63/C-06-252/T-5608
E200710000207
'VIRONMENTAL ASSESSMENT(EA` AECKLIST
POTENTIAL ENVIRONMENTAL Et- r-ECTS
EA NO.R-06-63/C-06-252/T-5608
1_0 TOPOGRAPHIC,SOIL,GEOLOGIC - 11.0 URBAN SERVICES
CONSIDERATIONS 1 11.1 Availability of fire protection
1 1.1 Geologic hazards,unstable soil conditions 1 11'2 Lack of emergency vehicle access
1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention
1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities
1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size
1 11.6 Availability of sewer lines of adequate capacity
2_0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities(on or
1 Ti Substantial indirect source of pollution off site)
1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas
1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation
1 2.4 Generation of dust except during construction
1 2.5 Adverse local climatic changes 12.0 HAZARDS
i 12.1 Risk of explosion or release of hazardous
3_0 WATER substances
1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding
use 1 12.3 Adverse change in course of flow of flood waters
1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents
1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste
1 3.4 Pollution of surface or ground water supplies sites
1 3.5 Reduction in ground water recharge
13.0 AESTHETICS
4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view
1 Ti Reduction of the numbers of any unique,rare or 1 13.2 Creation of aesthetically offensive conditions
endangered species 1 13.3 Removal of street trees or other valuable
1 4.2 Reduction in acreage of agricultural crop vegetation
1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area
agricultural land
74.0 HISTORICAL/ARCHAEOLOGICAL
5_0 ANIMAL LIFE 1 14.1 Removal of historic building,disruption of
1 5.1 Reduction in the numbers of any rare,unique or archaeological site
endangered species 1 14.2 Construction or activity incompatible with adjacent
1 5.2 Deterioration or displacement of valuable wildlife habitat historic site
6_0 HUMAN HEALTH 15.0 ENERGY
1 15.1 Use of substantial amounts of energy or fuel
7_0 NOISE 1 15.2 Substantial increase in demand upon existing
1 7.1 Increases in existing noise levels sources of energy
1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy
8_0 LIGHT AND GLARE EXPLANATION OF RATINGS
1 8.1 Production of glare which will adversely affect
residential areas "0" Insufficient Information
1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the
potential environmental effects which may result from the
9_0 LAND USE proposed project in this category. '..
1 9.1 Incompatibility with adopted plans and policies
1 9.2 Acceleration of growth rate "1" No significant Environmental Effect
1 9.3 Induces unplanned growth The proposed project will not have an adverse
1 9.4 Adverse change in existing or planned area environmental effect in this category,or any such effect is '..
characteristics not substantially unusual or of undesirable magnitude.
This rating is also utilized in cases where the category is
10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration.
1 10.1 Generation of vehicle traffic sufficient to cause capacity
deficiencies on existing street system "2" Moderate Environmental Effect
1 10.2 Cumulative increase in traffic on a major street for which The proposed project will have an adverse environmental
capacity deficiencies are projected effect in this category,which is of sufficient magnitude to
1 10.3 Specific traffic hazard to motorists,bicyclists, be of specific concern. However, this effect is not
pedestrians substantial enough in itself to require the preparation of an
1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigable through
1 10.5 Insufficient or poorly located parking project changes and conditions. '..
1 10.6 Substantial increase in rail and/or air traffic
"3" Significant Adverse Environmental Effect '..
The environmental effect identified in this category
substantiates in itself or contributes towards a finding that
the proposed project has a potentially significant adverse
effect on the environment sufficient to require the
preparation of an Environmental Impact Report.
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