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Home My WebLink AboutT-5649 - Conditions of Approval - 10/11/2006 City of . Fn �I,, COPYPlanning n a n n and Development Department 2600 Fresno Street • Third Floor Nick P.Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559)488-1020 August 23, 2006 Please Reply To: Kevin Fabino (559) 621-8046 Mr. Michael S. Gaston, Sr. Forward Planner D. R. Horton 8365 North Fresno Street, Suite 310 Fresno, California 93720 Dear Mr. Gaston: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION REGARDING VESTING TENTATIVE TRACT MAP NO 5649/UGM AND CONDITIONAL USE PERMIT APPLICATION NO. C-05-295 FOR PROPERTY ON THE SOUTH SIDE OF FIGARDEN DRIVE BETWEEN NORTH GATES AND NORTH SALINAS AVENUES (APN: 509-020-14, 509-020-18, and 509-020-19) The Fresno Planning Commission conducted a duly noticed public hearing on AUGUST 2, 2006, to consider Vesting Tentative Map No. 5649/UGM and Conditional Use Permit Application No. C-05-295. These applications relate to the future development of a 141-lot clustered, single family residential subdivision with modification to the R-1 zone district property development standards, on approximately 16.2-acres of property located on the south side of Figarden Drive between North Gates and North Salinas Avenues. Following a full and complete hearing, the Planning Commission adopted Resolution No. 12553 & 12554 relating to the above application as follows: 1. Resolution No. 12553 (enclosed) approved Vesting Tentative Tract Map No. 5649/UGM pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. 2. Resolution No. 12554 (enclosed) approved Conditional Use Permit No. C-05-295 authorizing modification to the R-1 zone district property development standards pursuant to Planned Development provisions, FMC Section 12-306-N-21. Sincerely, PLANNINaroject l Kevin Fager Advance Planning Division KAMaster Files-K:lrract Maps/5649/-Final Action Letter.doc Enclosures: Planning Commission Resolution No. 12553 & 12554 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12553 The Fresno City Planning Commission at its regular meeting on August 2, 2006, adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, Vesting Tentative Tract Map No. 5649/UGM was filed with the City of Fresno and proposes to subdivide the subject property into a 141-lot clustered,single family residential planned development,installation of related facilities and infrastructure on approximately 16.2-acres located on the south side of North Figarden Drive between North Salinas and North Gates Avenues; and, WHEREAS,the Bullard Implementation Advisory Committee reviewed the application on June 26, 2006, and recommended approval of the tentative tract map; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to all conditions of approval contained in the staff report dated August 2, 2006; and, WHEREAS,the Fresno City Planning Commission conducted a public hearing on August 2, 2006, to review the proposed subdivision and considered the staff report and invited testimony with respect to the proposed subdivision; and, WHEREAS, no neighbors spoke in opposition of the project and related request to modify development standards. NOW, THEREFORE, BE IT RESOLVED, that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract Map No. 5646/UGM may have a significant effect on the environment as identified by the mitigated negative declaration finding for Environmental Assessment Application No.A-05-17/R-05- 115/T-5649/C-05-295 was published on June 22, 2006 and approved by the City of Fresno, City Council on July 25, 2006. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the tentative tract map subject to Section 12-403-B of the Fresno Municipal Code, is consistent with the adopted 2025 Fresno General Plan and the Bullard Community Plan and the findings required pursuant to Section 66410 et. seq. of the Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5649/UGM subject to the Planning and Development Department Conditions of Approval dated August 2,2006, subject to the following addition to the conditions of approval: Fresno Planning Commission Resolution No. 1255-5 July 19, 2006 Page 2 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Dibuduo, seconded by Commissioner Cherry. VOTING: Ayes - Dibuduo, Cherry, Kissler and Vasquez Noes - Holt, Torossian, Vang Not Voting - None Absent - None DATED: August 2, 2006 *NI . VINO, Secretary Planning Commission Resolution No. 12553 Vesting Tentative Tract Map. No 5649/UGM Filed by Mid-Valley Engineering on behalf of D.R. Horton Action: Recommend Approval KAMASTER FILES-Tract Map/5649/Reso/PC RES.DOC K FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12554 The Fresno City Planning Commission, at its regular meeting on August 2, 2006, adopted the following resolution relating to Conditional Use Permit Application No. C-05-295. CONDITIONAL USE REQUESTED: Conditional Use Permit Application No. C-05-295 proposes a clustered residential development that will modify the R-1 zone district property development standards to allow for reduced size lot and yard requirements, gated entries, common open space areas and private roads. PROPERTY LOCATION: Located on the south side of North Figarden Drive between North Salinas and North Gates Avenues. PROPERTY DESCRIPTION: 16.2-acre subject property (APN: 509-020-14, 509-020-18, and 509-020-19) EXISTING/PROPOSED ZONING: R-1/BA/UGM (Single Family Residential/Boulevard Area Overlay-20/Urban Growth Management) WHEREAS, the Bullard Community Plan Implementation Committee recommended approval of the conditional use permit application at its meeting on June 26, 2006; and, WHEREAS, the Fresno City Planning Commission during its August 2, 2006, meeting, reviewed and considered the subject conditional use permit application relative to the staff report: and, WHEREAS, no neighbors spoke in opposition to the project or request to modify development standards. WHEREAS, the Fresno Planning Commission finds an unusual and disportional amount of major street frontage with additional landscaping and pedestrian amenities, which benefit both the project residents and surrounding neighbors; and WHEREAS, there will be 1,300 feet of 20-foot wide landscape pedestrian area along Figarden Drive, approximately 570 feet of frontage along North Gates Avenue and 620 feet of frontage along North Salinas Avenue; and WHEREAS, this site is approximately 1/81h-mile from a newly acquired but not yet developed neighborhood park; and x WHEREAS, the project provides a balance of passive and active open space areas distributed throughout the project to meet the needs of the future residents. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that Conditional Use Permit No. C-05-295 may have a significant effect on the environment as identified by the a negative declaration adopted by the City Council on July 25,2006,finding for Environmental Assessment Application on No.A-05-17/R-05- 115/T-5649/C-05-295. Planning Commission Resolution No. 12554 Conditional Use Permit No. C-05-295 August 2, 2006 BE IT FURTHER RESOLVED, that the Fresno City Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. BE IT FURTHER RESOLVED, that the Fresno City Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, finds unusual conditions warranting a reduction in the open space allocation of twenty-five percent pursuant to Planned Development provisions, FMC Section 12-306-N-21. BE IT FURTHER RESOLVED that Conditional Use Permit Application No. C-05-295 is approved, subject to the following conditions, incorporated in said conditional use permit file: 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5649/UGM, and Conditional Use Permit No. C-05-295, Conditions of Approval, dated August 2, 2006. 3. Development shall take place in accordance with Conditional Use Permit Application No. C-05- 295, dated June 14, 2006 (revised CUP Exhibit B, B-1, B-2, B-3 and C, Site Plan & Details). 4. Development shall take place in accordance with Conditional Use Permit Application No. C-05- 295, dated June 14, 2006 (Building Elevations, dated June 14, 2006 (CUP Exhibit D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8 and D-9). The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Dibuduo, seconded by Commissioner Cherry. VOTING: Ayes - Dibuduo, Cherry, Kissler and Vasquez Noes - Holt, Torossian, Vang Not Voting - None Absent - None DATED: August 2, 2006 NIC YOVINO, Secretary Fresn i City Planning Commission Resolution No. 12554 Conditional Use Permit No. C-05-295 Filed by Mid-Valley Engineering on behalf of D.R. Horton Action: Recommend Approval KAMASTER FILES-Tract Map/5649/Resp/PC RESO CUP.DOC City of REPORT TO THE PLANNING COMMISSION ��►� AGENDA ITEM NO. IX.-D. COMMISSION MEETING 8-2-06 August 2, 2006 APPROVED BY DEPARTMENT DIRECTOR FROM: STAFF, Planning Division Planning and Development Department SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5649UGM AND CONDITIONAL USE PERMIT NO. C-05-295 EXECUTIVE SUMMARY Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295 has been filed by Mid-Valley Engineering, on behalf of D.R. Horton. These applications pertain to approximately 16.2- acres of property located on the south side of North Figarden Drive between North Salinas and North Gates Avenues. Vesting Tentative Tract Map No. 5649/UGM is a request to subdivide the 16.2-acre subject property into a 141-lot clustered, single family residential planned development, installation of related facilities and infrastructure, and is consistent with the medium density residential planned land use designation (4.99-10.:37 Dwelling Unit/Acre). Conditional Use Permit Application No. C-05-295 proposes a clustered residential development that will modify the R-1 zone district property development standards to allow for reduced size lot and yard requirements, gated entries, common open space areas and private roads. The property is within the boundaries of, and consistent with the 2025 Fresno General Plan and Bullard Community Plan area. PROJECT INFORMATION PROJECT Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295 is a request to subdivide the 16.2-acre subject property into a 141-lot clustered, single family residential planned unit development, installation of related facilities and infrastructure, and modify the R-1 zone district property development standards to allow for reduced size lot and yard requirements, gated entries, common open areas and private roads. APPLICANT D.R. Horton (Engineer: Mid-Valley Engineering) LOCATION South side of North Figarden Drive between North Salinas and North Gates Avenues (Council District 2, Councilmember Calhoun) SITE SIZE 16.2-acres (APN: 509-020-14, 509-020-18, 509-020-19) LAND USE Existing - Medium density residential planned land use. ZONING Existing - R-11BAIUGM (Single Family ResidentiaUBoulevard Area Overlay-20/Urban Growth Management) PLAN DESIGNATION The existing R-1/BA/UGM zone district designation is consistent with the AND CONSISTENCY 2025 Fresno General Plan and Bullard Community Plan designation of medium density residential planned land use (4.99-10.37 Dwelling Unit/Acre). REPORT TO THE PLANN' COMMISSION Vesting Tentative Tract Map No. 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 2 ENVIRONMENTAL FINDING A negative declaration was filed on June 22, 2006 and approved by the City Council on July 25, 2006. PLAN COMMITTEE The Bullard Community Plan Implementation Committee recommended RECOMMENDATION approval of the requested plan amendment and rezone applications at its meeting held on June 26, 2006. STAFF RECOMMENDATION Recommend approval of Vesting Tentative Map No. 5649/UGM, dated June 14, 2006 and Conditional Use Permit No. C-05-295, subject to compliance with the Conditions of Approval dated August 2, 2006. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Use Community Commercial C-2/UGM Vacant North (Community Shopping Center/Urban Growth Management) Medium Density Residential R-A/UGM Vacant (Single Family Residential- Agriculture/Urban Growth Management) South Medium High Density R-2/UGM Multiple Family Residential (Low Density Multiple Family Dwellings Residential/Urban Growth Management) Medium Density Residential R-1/UGM Single Family East (Single Family Residential/Urban Growth Dwellings Management) Commercial Office C-P/UGM Vacant (Administrative and Professional Office/Urban Growth Management) West Medium Density Residential R-1/UGM Single Family (Single Family ResidentiallUrban - Dwellings Growth Management) 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. A mitigated negative declaration was prepared for General Plan Amendment Application No. A-05-17 and Rezone Application No. R-05-115 and also took into consideration the potential environmental impacts associated with Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No, C-05- 295. Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends adoption of a mitigated negative declaration for this project. A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. A-05-17/R-05-115/T-5649/C-05-295 was published on June 22, 2006 and approved by the City of Fresno, City Council on July 25, 2006. REPORT TO THE PLANNING COMM. ,ION Vesting Tentative Tract Map No. 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 3 BACKGROUND/ANALYSIS Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295 has been filed by Mid-Valley Engineering, on behalf of D.R. Horton. These applications pertain to approximately 16.2- acres of property located on the south side of. North Figarden Drive between North Gates and North Salinas Avenues. Vesting Tentative Tract Map No. 5649/UGM is a request to subdivide the 16.2-acre subject property into a 141-lot clustered, single family residential planned development, installation of related facilities and infrastructure, and is consistent with the medium density residential planned land use designation (4.99 - 10.37 Dwelling Unit/Acre). The Conditional Use Permit Application No. C-05- 295 proposes a clustered residential development that will modify the R-1 zone district property development standards to allow for a reduction of the standard lot size and yard requirements, gated vehicle and pedestrian entries, common open areas and private roads. The property is within the boundaries of, and consistent with the 2025 Fresno General Plan and Bullard Community Plan area. PLANNED LAND USE The project site has a planned land use designation of medium density residential use by the 2025 Fresno General Plan and Bullard Community Plan. Vesting Tentative Tract Map No. 5649/UGM is a request to subdivide the 16.2-acre subject property into a 141-lot clustered single family residential planned development, which is consistent with the medium density residential planned land use designation (4.99 - 10.37 Dwelling Unit/Acre), as identified by the 2025 Fresno General Plan. A cluster planned development requires the residential dwellings to be arranged to provide a unified, functional and safe living environment with adequate open space, and sufficient individual privacy. The clustered lots which back onto North Figarden Drive and the southern property line represent a cluster pattern. The overall average residential density for the project is approximately 8.7 dwelling units per acre. The conditional use permit is a request to modify the standard property development standards of the R- 1 (Single Family Residential) zone district (as provided by Fresno Municipal Code Section 12-306-N-21) in order to allow for a cluster planned development with the dwelling units arranged in an irregular pattern. The clustered planned developments also provide one or more areas of common open space and recreational facilities. In a clustered development a minimum of twenty-five percent of the site shall be designated common open space for residents. Usable common open space includes designated active recreational areas, pathways, rear and interior yard space provided that each area meets the minimum eight foot by eight foot area requirement. With the subject {property being greater than one acre in size, a minimum of forty percent of the required twenty-five percent usable open space shall be developed for the exclusive active recreational use of the residents of the development. FMC Section 12-306-N-21-c-(2) allows the Planning and Development Department Director or Planning Commission approve a ten percent reduction in this standard in unusual circumstances where it is demonstrated that the amount of open space area provided is adequate to meet the needs of residents of the development. Based upon the staff's evaluation it appears the project design depicts an aggregate open space area equivalent to approximately twenty percent of the project area. According to the 2025 Fresno General Plan (Chapter 4, Section H, Noise Element) and 2025 Fresno General Plan Master Environmental Impact Report MEIR No. 10130 (Figure VK-3: 60 dBA Threshold Areas For Required Noise Evaluation), the subject property is located within the 60 CNEL distance from street centerline. The Noise Element and Figure VK-3 establish a land use compatibility criterion of 60 dB DNL for exterior noise levels in outdoor activity areas. Interior noise levels at$ributable to exterior noise sources are not to exceed 45 dB DNL. Due to the property's proximity to North Figarden Drive (a designated super arterial), an acoustical analysis was required. The applicant has submitted a project specific acoustical study identifying possible mitigation measures. To mitigate traffic noise the applicant will be required to construct an 8 foot wall along North Figarden and shall incorporate noise insulation in compliance with Title 24 of the California Code of Regulations such that interior noise levels are reduced REPORT TO THE PLANN, , COMMISSION Vesting Tentative Tract Map No. 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 4 to no more than 45db CNEL. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295, Conditions of Approval, dated August 2, 2006. Related entitlement applications are Plan Amendment Application No. A-05-17 and Rezone Application No. R-05-115. Plan Amendment Application No. A-05-17 requests a change in the 2025 Fresno General Plan and the Bullard Community Plan to redesignate the subject property from the dual designation of Public Facilities Middle School/Office Commercial planned land use to the medium density residential land use designation. Rezone Application No. R-05-115 proposes to reclassify the 16.2-acre site from the C-P/BA-20/UGM (Administrative and Professional Office/Boulevard Area Overlay-20 feet Urban Growth Management) zone district to the R-1/BA-20/UGM (Single Family Residential/Boulevard Area Overlay-20 feetUrban Growth Management) zone district. These applications, with the related environmental assessment were approved by the City Council on July 25, 2006. Public Services The Public Utilities Department has determined that adequate water and sanitary sewer services can be made available to serve the project. The nearest water service to serve the proposed project is 14-inch mains located in North Figarden Avenue and North Gates, and a 12-inch main located in North Salinas Avenue. The applicant proposes to connect existing city service to the water meter serving each individual dwelling unit through a public utility easement. The nearest sanitary sewer main to the project are 8-inch mains located in North Figarden Avenue and North Salinas Avenues, and a 21-inch main located in the North Gates Avenue. The applicant proposes to maintain the sewer line through a proposed home owners association. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be entirely accommodated by the district. Due to the increased density of this and surrounding development, the Master Plan inlet does not have sufficient capacity for the additional runoff. The developer will. be required to construct a flood control inlet at North Salinas and West Corona Avenue to serve the project. This inlet is not fee creditable and must be funded by the applicant/developer. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130 and the Water Resources Management Plan will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. Major Street Improvements The 2025 Fresno General Plan designates North Figarden Drive as an arterial street and will be required to remove the existing left turn pocket at the entry to be deleted and replace with a concrete median, construct a 10 foot residential pattern with 6 foot sidewalk and relinquish access rights to North Figarden Drive. North Gates Avenue is designated as a collector street and will be required to construct to the ultimate width, construct a 10 foot residential pattern with 6 foot sidewalk, construct an 80 foot bus bay and relinquish access rights to North Gates Avenue. These improvements include the construction of curb, gutter, sidewalk and transition paving within the limits of the tract; construction of an underground street lighting system; and relinquishment of access rights. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295, Conditions of Approval, dated August 2, 2006. The proposed project in total can be expected to generate approximately 116 a.m. /142 p.m. peak hour REPORT TO THE PLANNING COMM BION Vesting Tentative Tract Map No. 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 5 trips. In order to alleviate the impact of this project upon the City of Fresno's street system and to- provide for a smooth flow of traffic to and from the project, the property owner/developer is required to dedicate and construct a portion of the subject site for street purposes in accordance with adopted plans and policies such as the Major Street and Highway Plan, the Circulation Element of the General Plan, an Official Plan Line, a Director's Determination, or a local street public improvement standard as determined by the Director. The Public Works Department Transportation Engineering Division has identified a number of street improvements required for the proposed project. A Traffic Impact Study was prepared by Prism Engineering specific to the subject properties. This report was provided to Caltrans. The recommendations of the Traffic Impact Study and Department of Transportation letter dated June 1, 2006 have been outlined in more detail in the Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295, Conditions of Approval, dated August 2, 2006. Streets and Access Points This subdivision is proposed to have local and major street access points to North Salinas and North Gates Avenues. Gated entries will be placed at access points on North Salinas and North Gates Avenues for the purpose of interior access to the clustered planned development. Lots 1 through 8 will have frontage access to North Salinas Avenue. Lots 134 through 141 will have frontage access to North Gates Avenue, which is a major street. The Public Works Department Transportation Planning Section has reviewed the vesting tentative tract map and conditional use permit applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to the dedication and improvement of adjacent portions of North Figarden Drive, North Gates and North Salinas Avenues, and all interior streets to the ultimate planned width. Landscaping/Walls Given that the proposed subdivision abuts arterial and collector streets, the developer will be required to install 20-feet of landscaping along North Figarden Drive and 10-feet of landscaping along North Gates and North Salinas Avenues. The applicant will be required to install an eight foot solid wall at the rear of the required landscape setback along North Figarden Avenue. Lots which side-on or back-on to North Salinas Avenue or North Gates Avenue will also require an eight-foot, two-inch solid fence at the rear of the required landscape set back to mitigate some of the effect of noise generated by vehicular traffic on the nearby major street. This requirement is outlined in more detail in the Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295, Conditions of Approval, dated August 2, 2006. Bullard Community Plan Advisory Committee The Bullard Community Plan Implementation Committee recommended approval of the requested plan amendment and rezone applications at its meeting held on June 26, 2006. California Department of Transportation (Caltrans) Caltrans submitted comments on the project on June 28, 2006. The Traffic Impact Study, prepared by Prism Engineering, identified 64 trips impacting State highway facilities. Applying the formula(s) accepted by the City and the State in the February 23, 2006 Caltrans/City of Fresno interim agreement, Caltrans determined that this project is responsible to pay $24,927.00 in State highway facilities fees. This fee has been imposed on this project and is outlined in more detail in the Vesting Tentative Tract REPORT TO THE PLANN COMMISSION Vesting Tentative Tract Map No. 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 6 Map No. 5649/UGM and Conditional Use Permit No. C-Q5-295, Conditions of Approval, dated August 2, 2006. Conditional Use Permit Application No. C-05-295 Conditional Use Permit Application No. C-05-295 was filed on December 16, 2006, and is a request in conjunction with Vesting Tentative Tract Map No. 5649/UGM to allow the 141-lot single family subdivision to be developed as a cluster planned unit development. The conditional use permit application proposes to allow for the development of the project as a clustered residential planned development which does not meet the minimum R-1 zone district. Under the Planned Development provisions, FMC Section 12-306-N-21 a planned development special permit may propose a modification or waiver of property development standards. In order to facilitate a clustered planned development project a conditional use permit is required to be filed, which describes the specific dwelling unit design to be developed on each lot. The conditional use permit is a request to modify the property development standards of the R-1 (Single Family Residential) zone district. The clustered development provides for residential units to be clustered in one or more areas with common open space and recreational facilities provided in other areas of the site. In a clustered development a minimum of twenty-five percent of the site shall be open space for residents. Usable open space may include the rear yards, interior yards and landscaping areas between units and pathways provided that each area meets the minimum dimensions of eight feet by eight feet. With the subject property being greater than one acre in size; a minimum of forty percent of the required twenty- five percent usable open space shall be developed for the exclusive active recreational use of the residents of the development. Based upon the staff's evaluation of the proposed project design it appears that approximately twenty percent open space area is provided rather than twenty five percent. However, the Planning Commission may conclude that a five percent reduction in the standard is appropriate considering unusual circumstances and the demonstration that the amount of open space area provided is adequate to meet the needs of residents of the development. Furthermore, the proposed modification of the typical yard and building setback property development standards is allowable under FMC Section 12- 306-N-21 (Special Standards of Practice and Regulations). 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, t. Finding a The subject site is approximately 16.2-acres in size and has an adequate amount of common usable space, if developed in accordance with the project's site plan, to meet all applicable requirements of the Code and as established in the Special Permit conditions of approval dated August 2, 2006, including yards, spaces, walls and fences, parking, landscaping and other required features. REPORT TO THE PLANNING COMM ;ION Vesting Tentative Tract Map No. 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 7 b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, Finding b"'. Staff from the Public Works Department, Transportation Planning section has estimated that the proposed development will generate approximately 116 a.m. /142 p.m. peak hour vehicle trips which can be accommodated by the adjacent streets. The proposed project will construct the 4r, required improvements necessary for the traffic generated by the project. 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. CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5649/UGM, Exhibit A and A-1, dated June 14, 2006 (revised). 2. Development shall take place in accordance with Vesting Tentative Tract Map No. 5649/UGM, and Conditional Use Permit No. C-05-295, Conditions of Approval, dated August 2, 2006. 3. Development shall take place in accordance with Conditional Use Permit Application No. C-05- 295, dated June 14, 2006 (revised CUP Exhibit B, B-1, B-2, B-3 and C, Site Plan & Details). 4. Development shall take place in accordance with Conditional Use Permit Application No. C-05- 295, dated June 14, 2006 (Building Elevations, dated June 14, 2006 (CUP Exhibit D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8 and D-9). Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 Fresno General Plan and Bullard Community Plan which designates the site for medium density residential land uses and subject to Fresno Municipal Code Sbction 12-403-B-2-b- (1), the project design meets the density and zoning ordinance criteria for development in this plan designation. REPORT TO THE PLANNI COMMISSION Vesting Tentative Tract Map No. 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page S 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 ensure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval,complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Action by the Planning Commission on the proposed vesting tentative tract map and conditional use permit application is final unless appealed in accordance with the Fresno Municipal Code, Section 12- 406-I. CONCLUSION/ RECOMMENDATION 1. APPROVE Vesting Tentative Tract. Map No. 5649/UGM subject to Exhibits A and A-1, dated June 14, 2006, and the Conditions of Approval, dated August 2, 2006. 2. APPROVE Conditional Use Permit No. C-06-62 subject to compliance with Exhibits B, B-1, B-2, B-3, B-4, D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8 and D-9, dated June 14, 2006, Exhibit C, dated July 31, 2006 and the Conditions of Approval, dated August 2, 2006. Attachments: Vicinity Map Aerial Map Vesting Tentative Tract Map No. 5649/UGM dated June 14, 2006 (revised) Conditional Use Permit Application No. C-05-295, dated June 14, 2006 (revised CUP Exhibit B, B-1, B-2 and B-3, Site Plan & Details) Open Space Illustration Map, dated July 31, 2006 (CUP Exhibit C) Building Elevations, dated June 14, 2006 (CUP Exhibit D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8 and D-9) Conditions of Approval for T-5649/UGM and Conditional Use Permit No. C-05-295, dated August 2, 2006, including memoranda and letters from,responsible or commenting agencies. Acoustical Analysis of the 143-Unit Residential Development, North Figarden and Gates Avenues, prepared by D. R. Horton, Inc., dated November 9, 2005. KAMaster Files-Tract MapsT-5649/UGM/C-05-295PC.doc MORRIS .2 F OG , W C- CELESTE O xJ etl, 0y W SM3h�"'}ryk fir ' +4 OSWEGO ai4' V\ 4 �31.sr..�•� 'Alf, /ti G 24, p� w,8%7A 1p9 3A '. 40 'Q 2 x >, r y w Ai � roA(r JY E QI u Sy ,s C9 " LEGEND Subject Property Y U.G.M.Area VICINITY MAP PLANNING & DEVELOPMENT Vesting Tentative Tract Map No. DEPARTMENT 5469/UGM A.P.N.: 509-020-14S-18-19 Conditional Use Permit C-05-295 ZONE MAP: 1846 5515 N. GATES AVE. NOT TOsSCALE BY/DATE: J.S. 1 3-8-06 { �=` N-11 ,� �1J `�`yY�^ ,7 kiN V�A'FIi7Y19tl•t•� 2 .'T.,?;"•.Y"+i.2. ld! '1�''*f.'� - } l'�J C' .• ,+t4J �`Fd°. y/ If� f iii., `� y._.t k West Bullard Avenue 5. 4 nR"—T!'"'�w� L N r , ,� �.• a C ' ,p.. '1 g I .} ,~� A ,i• Ait . i� .YI`e �..�!�Ir► �II wr t {i I r ✓ �� 1 r< �r � r r� �. � LM�`JI _ e! `3 t _.s'� i•. 1 frt Yr , `• r 1. 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I�� `I„ Fill 111111111 Kil,, 1'1111 I'II1'' i e: un �� II I�s - ■■■■ 11 �l.lww■ ° -. � 1 i � '4 p rr'!��Inuy�il f\ 11111111��s 11��I I �'. ;�a� �� _' �=fi! �I ICS A,�1 r -.- ,• 1 �t� I� ::� 'rm��„blll►u�iilli�°�1 t7 w rn I f I I I III � I ' ff� lel' BEER 1 Ila 11 Olt Gi �� X19 III �°it Id° III a°EI ail�� i IC t@ o� AN a ' a � 2 4 2 Du ~T �I C I�0 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL - Amendment August 2, 2006 VESTING TENTATIVE TRACT MAP NO. 5649/UGM AND CONDITIONAL USE PERMIT NO. C-05-295 Located on the south side of North Figarden Drive between North Salinas and North Gates 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.' 67. Access is not acceptable for lots 15, 16 126 and 127. Provide drive access to within 150- feet of all portions of these buildings or sprinkler them, or installation of grass crete. 76. The developer/owner shall comply with the requirements in the letter from Public Works Department, Traffic Engineering, dated August 2, 2006 (revised) for Vesting Tentative Tract Map No. 5649/UGM. 89. Dedicate 63-67 feet of property, from center line, for public street purposes within the limits of the limits of this subdivision to meet the City of Fresno's Collector Standards. Center line shall be established based on Official Plan Line No. 82. Transition from 74'-94' curb to curb or as approved by the Traffuc Engineering Manager. Provide a cross section on the map for review and approval. (I Q�-10—VT'' 12' 12'-12' 12' 12' 7' 264 110. established by the Fre-sne Gity G9URGil. Fees shall be paid PFi9F t9 issuaRGe ef buildiRg its. T apply upd-er the new fee-; a. Pay the RegieRal Street Fee PeF AVeFa9e Daily T-Fip (APT-) geneFated by the by the deyel9PFn9Rt OR aGG9FdaRG9 40.90th the 1-MA-65t 9f; the IAAW-tt; At dwollieg-nit. Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 2 , , , , CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL August 2, 2006 VESTING TENTATIVE TRACT MAP NO. 5649/UGM AND CONDITIONAL USE PERMIT NO. C-05-295 Located on the south side of North Figarden Drive between North Salinas and North Gates 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. 5649/UGM, the subdivider may prepare a Final Map in accordance with the approved tentative map dated June 14, 2006 and conditions of approval, dated August 2, 2006. 2. Each lot shown on Vesting Tentative Map No. 5649/UGM, Exhibit A, A-1, B, B-1, B-2, B-3, C, D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8 and D-9 shall be in accordance with a clustered planned development, pursuant to Fresno Municipal Code (FMC) Section 12-306-N-21, or as modified by Conditional Use Permit No. C-05-295. 3. 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. 4. 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. Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 2 Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property"; Resolution No. 68-187," City Policy with Respect to Subdivisions'; and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water service, sewer, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution Nos. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. Conditional Use Permit No. C-05-295 - Conditions of Approval 10. Development shall be in accordance with Conditional Use Permit Application No. C-05-295, Site Plan, dated June 14, 2006 (revised CUP Exhibit B, B-1, B-2 and B-3, Site Plan & Details), Open Space Illustration Map, dated July 31, 2006 (CUP Exhibit C), Building Elevations, dated June 14, 2006 (CUP Exhibit D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8 and D-9). 11. Conditional Use Permit Application No. C-05-295 proposes a clustered residential development that will modify the R-1 zone district property development standards to allow for reduced size lot and yard requirements, gated entries, common open space areas and Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 3 private roads, as shown on Vesting Tentative Map No. 5649/UGM, Exhibit A, A-1, B, B-1, B-2 and B-3, dated June 14, 2006 and Exhibit C, dated July 31, 2006. 12. Development shall provide a clustered development with a minimum of twenty-five percent of the site shall be designated usable common open space, pursuant to FMC 12-306-N- 21(c)(2). Noise Abatement 13. Development shall occur in accordance with the Acoustical Analysis of the 143-Unit Residential Development, North Figarden and Gates Avenues, prepared by D. R. Horton, Inc., dated November 9, 2005. 14. The exterior wall surface will be 7/8" stucco. 15. All window space in each planned dwelling unit shall be minimally rated with Sound Transmission Class (STC) 35. 16. Sliding and/or French glass doors shall be minimally rated with Sound Transmission Class (STC) 35. 17. Windows and exterior doors should be fitted with a minimum gap around the perimeter between the frame and the window or door opening. Voids between the frame and opening for windows and doors should be stuffed with fiberglass insulation. Trim should be mounted to block any gaps between the frame and the opening for windows and doors, and caulking sealing any gap between the frame and window opening. 18. Solid exterior doors should be of a solid core type, with a 1 3/4" thickness. Interior doors should be of a solid core type, with a 1 3/8" thickness. 19. Windows must be mounted in low air-infiltration frames. 20. R30 installation should be installed in the attic area. 21. Provide baffles for the gable end vents and roof-mounted turbine vents, consisting of a box of 5/8" plywood or 20-gauge metal, lined with fiberglass ductliner, and incorporate a 90- degree bend in the sound path. 22. Seal mail slots or install a mail slot with a closed box on the inside of the house. Or, install the mail slot, with a cover, at the garage. 23. Weather-strip exterior doors, including threshold seals. This is required by the California Building Code. 24. The building shell should be airtight construction on the inside and outside except for required ventilation openings. All frames and junctions and any other required penetrations of the building shell should be thoroughly caulked and resilient caulking and weather stripped to prevent air leaks. Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 4 25. If wall panels are installed horizontally, panel junctions shall be butted and sealed with resilient caulking, taped and mudded. 26. Provide well-sealed glass doors at fireplace, and provide a chimney-top damper to close off the chimney. 27. Provide flexible ducting for bathroom fan vents leading to the roof. The duct should be long enough to incorporate a bend so that this is no line of sight between the fan and roof. 28. The duct connecting the garage to the interior living space is to have acoustical interior lining, extending from the garage end to the first branch take-off inside the living space area. 29. Any intake or exhaust vent opening to occupied space, directly or indirectly, should be provided with appropriate damper arrangement or acoustical baffles or connect to an appropriate configuration of acoustically lined ducting, or acoustically lined plenum or combination. 30. If a whole-house fan is used it should be located in a less sensitive area such as a hallway or a laundry room. 31. Outdoor and indoor noise generating mechanical and electrical equipment should be well separated from the immediate vicinity of a building face and nearby dwelling, including shielding and other measures as need. Such equipment should be selected with a consideration of quiet operation. 32. Outside drain pipes should not be located at a bedroom. 33. The rain gutters should be substantial metal construction with rounded corners. Landscaping and Walls 34. Pursuant to Bullard Community Plan Policy, the developer/owner shall provide a 20-foot landscape easement (and irrigation system) along the North Figarden Drive (FMC, Section 12-1011-f-3). When the grading plan establishes a top slope beyond the required landscaping easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaping area up to the wall location. 35. Provide a 10-foot landscaped easement and irrigation system along North Salinas and North Gate Avenues (FMC, Section 12-10114-3). When the grading plan establishes a top slope beyond the required landscaping easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaping area up to the wall location. I Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 5 36. Construct a solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required landscape easement. A four foot high wrought iron or tubular steel type fence shall be constructed along the front property line of the lots which front onto North Salinas and North Gates Avenues. Construction plans for required walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 37. The solid masonry wall height shall be in accordance with the submitted Acoustical Analysis of the 143-Unit Residential Development, North Figarden and Gates Avenues, prepared by D. R. Horton, Inc., dated November 9, 2005. a. The sound wall shall be a minimum height of 8-feet two-inches along North Figarden Drive within the limits of the subdivision. b. The sound wall shall be a minimum height of 8-feet along two-inches along lots 86, 87 and 88 on North Salinas Avenue. c. The sound wall shall be a minimum height of 6 foot along lots 54 and 55 on North Santa Fe Avenue. 38. 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. 39. Lots which front-on North Salinas and/or North Gates Avenues shall have provided front yard landscaping and irrigation with development of homes and garages shall be installed prior to occupancy. The irrigation system shall comply with Fresno Municipal Code 12-306- 23. 40. The subdivider is required to provide two trees on each lot, with a tree placed in the public street tree frontage and the second tree placed in the dedicated planting, public utilities easement. 41. Provide a corner cut-off area at the intersections of all public streets and at North Salinas Avenue and proposed Private Road - Outlot 'G", and North Gates Avenues and Provide Road - Outlot "H", as identified on Conditional Use Permit No. C-05-295, Site Plan, in accordance with Section 12-306-H-3-d of the FMC. Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points of the property lines, measured a specific distance from the point of intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. Information 42. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Fresno Unified School District in accordance with the school district's adopted schedule of fees. Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 6 43. Contact the United States Postal Service, Fresno Office, for the location and type of mailboxes to be installed in this subdivision. 44. 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. 45. 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. 46. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 47. 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. If animal fossils are uncovered, the Museum of Paleontology at U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 48. 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 Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 7 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. 49. 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. COMMUNITY FACILTIES DISTRICT 50. The developer/owner shall comply with the requirements in the memorandum from the Public Works Department, dated July 28, 2006 for Vesting Tentative Tract Map No., 5649/UG M. 51. As may be described below, the Subdivider may shift his/her/its responsibility for maintenance of the provision as described below to future owners of the subject parcels of the proposed tentative tract map provided the Subdivider complies with the provisions described below. 52. The long term maintenance of the following items is the ultimate responsibility of the owner/developer. If approved by the Council, the following features may be maintained by a Community Facilities District: a. Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street easements (including median islands), landscape easements, trails and outlots within and adjacent to the subdivision. b. Maintenance of all enhanced pedestrian Maintenance of Sidewalks and Street Furniture as approved by the Public Works Department within the street right-of-way, landscape easements, trails and outlots within and adjacent to the subdivision. c. Maintenance of all entry treatments associated with the subdivision to include Landscape and Irrigation systems along sides and in medians, decorative concrete and pilasters. d. Maintenance of all interior Curbs, Gutters, Sidewalks and Median islands as approved by the Public Works Department within the boundary of the tentative map. e. Maintenance and operating costs of all Street Lights as approved by the Public Works Department within the boundary of the tentative map. f. Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 8 53. 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 is considered to be technically correct. 54. Landscaping and Street improvement plans for all features to be maintained by a CFD for a final map shall be included in the CFD annexation request package for processing. 55. Should the Council or owner/developer choose not to include the maintenance of the items listed in section 1 above in a CFD, the property owner/developer shall provide a mechanism approved by the City for the maintenance of all of the above items. 56. If the Subdivider does not elect or the Council does not decide to have the above listed maintenance responsibilities become the responsibility of a CFD, the Subdivider shall establish a Home Owners Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. 57. Any change affecting the items in these conditions requires revision of this letter. Contact Ann Lillie at 621-8690 for data requirements. STREET TREE REQUIREMENT/LANDSCAPING/OPEN SPACE 58. The developer/owner shall comply with the comments provided by the Department of Public Works, dated July 28, 2006, for Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295, Exhibits A, A-1, B, B-1, B-2, and B-3. . 59. The developer/owner shall install entry landscape treatment and irrigatiorr at North Salinas and North Gates Avenues, as detailed on Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295, Exhibits A, A-1 and B-3, dated June 14, 2006. 60. The developer/owner shall install landscaping and irrigation system on Outlot E, Paseo & Landscaping and Outlot K, Paseo & Landscaping, as detailed on Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295, Exhibits A-1 and B, dated June 14, 2006. 61. The developer/owner shall install landscaping, irrigation system and play equipment on all outlots identified as Tot Lot, as detailed on Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295, Exhibits A-1, B-1 and B-3, dated June 14, 2006. 62. The developer/owner shall install landscaping, irrigation system and play equipment on all outlots identified as Tot Lot, as detailed on Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295, Exhibits A-1, B-1 and B-3, dated June 14, 2006. I Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 9 63. The developer/owner shall provide a minimum of twenty-five percent usable open space, with a minimum of forty percent of the required twenty-five percent usable open space developed for the exclusive active recreational use of the residents of the development, pursuant to FMC 12-306-N-21. PARK FEE 64. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance No. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. FIRE SERVICE 65. The developer/owner shall comply with the requirements in the letters from Fresno Fire Department, both dated June 23, 2006, for Vesting Tentative Tract Map No. 56429/UGM, dated June 14, 2006. 66. Provide residential hydrants and fire flows per Public Works standards with two sources of water. 67. Access is not acceptable for lots 15, 16 126 and 127. Provide drive access to within 150- feet of all portions of these buildings or sprinkler them. 68. Fire sprinklered houses require a minimum one and one-half (1 1/2") inch water service for fire sprinkler/domestic supply. 69. All model homes shall be provided with approved fire sprinklers (13D) and with a minimum 1 1/2-inch water service connection with minimum 1-inch water meter. 70. All homes/structures over 5,000 square feet shall be fully sprinklered (13R) and provide with a minimum 2-inch water service connection. 71. Provide four (4) on-site fire hydrants with a flow of 1,500 GPM, 8-inch water main minimum. 72. All gates on common access drives shall be equipped with approved Police/Fire bypass locks (BEST LOCKS: Padlock 21 B700 series or cylinder lock 1 W7B2). Gates/fences shall not obstruct the minimum width required for fire lanes. Fire Service Fee 73. All structures will be subject to UGM construction requirements for houses over three miles from an existing fire station; Alternatives include fire sprinklers, alternative lot construction, etc. 74. The subdivider shall be required to pay the Fire Service Fees for Fire Station No. 14. Fee payment may be deferred until time of building permit issuance in accordance with the requirements of FMC Section 12-4.509-C-3. STREETS AND RIGHTS-OF-WAY Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 10 75. The developer/owner shall comply with the requirements in the letter from Public Works Department, Traffic Engineering, Review of Traffic impact Study (TIS), dated June 1, 2006 for Vesting Tentative Tract Map No. 5649/UGM. 76. The developer/owner shall comply with the requirements in the letter from Public Works Department, Traffic Engineering, dated July 27, 2006 (revised) for Vesting Tentative Tract Map No. 5649/UGM. 77. The subdivider shall furnish to the city acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 78. 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 comers within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 79. 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 Pubic Works Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting. 80. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. 81. The subdivider shall install all existing and proposed utility systems underground in accordance with FMC Sections 12-1011 and Resolution Nos. 78-522, 88-229. 82. The subdivider shall construct an underground street lighting system per Public Works Standards E-1 and E-2 within the limits of the tract. Spacing and design shall conform to Public Works Standards for local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution Nos. 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. 83. 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. 84. 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. 85. Handicap access ramps are required at all corners within the limits of this subdivision. Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 11 86. All required signing and stripping shall be done and paid for by the developer/owner. The signing and striping plans shall be done per the current Caltrans standards and shall be submitted along with the street construction plans for this tentative tract map to the Public Works Department. 87. The developer shall install a median island and frontage landscaping concurrent with the street improvements. 88. The throat of the proposed driveways shall be 6-feet minimum from the adjacent property line, typical. See Public Works Standard P-4. MAJOR STREETS North Gates Avenue (Collector) 89. Dedicate 63-67 feet of property, from center line, for public street purposes within the limits of the limits of this subdivision to meet the City of Fresno's Collector Standards. Center line shall be established based on Official Plan Line No. 82. Transition from 74'-94' curb to curb. Provide a cross section on the map for review and approval. (10'-10'-5'-12'-12'-12'- 12'-12'-12'-7'-26') 90. Construct concrete curb and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10 foot residential pattern. Construct a 6 foot residential sidewalk per Exhibit "D". A 2' dedication for a pedestrian easement is required. 91. Construct a bus bay curb and gutter near the southwest corner of North Gates Avenue and North Figarden Drive to Public Works Standard P-73, complete with a 10 foot monolithic sidewalk, as approved by Traffic Engineering. 92. Construct 20 foot of permanent paving (measured from face of curb) within the limits of this subdivision. 93. 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-8 for Collector Streets. 94. Relinquish direct vehicular access rights to North Gates Avenue from all lots within this subdivision. North Ficiarden Drive (Arterial) 95. Where missing, construct concrete curb and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Remove and replace the existing entry treatment with curb, gutter and sidewalk to Public Works Standards. 96. Remove concrete improvements and replace with permanent paving at the existing entry to be deleted. Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 12 97. 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. 98. Relinquish direct vehicular access rights to Figarden Avenue from all lots within this subdivision. INTERIOR STREETS 99. Proposed easements do not provide enough space for ingress and egress. Provide ingress and egress turning templates for all easements and Outlots"C", "F', "J" and "L". Coordinate with Traffic, Fire and Solid Waste Departments. SPECIFIC MITIGATION REQUIREMENTS 100. This tract will generate 116 a.m. / 142 p.m. peak hour trips; therefore, aTraffic Impact Study (TIS) is required. Comply with the mitigation measure requirements of the Assistant Traffic Manager in the attached letter dated June 1, 2006. Additional right of way is required on Gates Avenue. Submit a cross section on the map to Traffic a minimum of 1 week prior to Planning Commission Hearing. 101. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 102. Provide a minimum of 75' from the proposed gate to the back of walk, for vehicle stacking at both entrances and redesign to provide for an onsite turn around. Submit the redesign to Louise Gilio at least one week prior to the Planning Commission Hearing for review and approval. 103. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for review and approval. 104. A vacation is required with this map (for the easement on Figarden) and has been submitted. The developer is required to comply with all conditions of the vacation. Contact Alan James at 621-8693. 105. Figarden Drive: Remove the existing left turn pockets at the entry to be deleted and replace with a concrete median curb, landscape, irrigation and permanent paving to Public Works Standards. Traffic Signal Mitigation Impact Fee: 106. 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 Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 13 ITE Generation Manual. The fee amount is $414.69 per single family unit (fee rate as shown on the Master Fee Schedule). 107. Collector: Install a signal pole with a 150-watt safety light and an oversized street sign to Public Works Standards at the southwest corner of Gates and Figarden. 108. Modify the traffic signal at Gates and Figarden in accordance with the memorandum from the Assistant Traffic Engineering Manager dated June 1, 2006. Include emergency vehicle signal preemption and loop detection for all approaches. UGM Requirements: 109. This Map is in UGM major street zone C/D-2; therefore pay all applicable UGM fees. Traffic Impact Fees: 110. This map was accepted for processing after February 14, 2006, the date on which the Fresno City Council adopted Resolution No. 2006-61, expressing the City's intent to adopt a Citywide Impact fee for local regionally significant major streets and an impact fee based on quadrants for local major streets to implement the goals, objectives and policies of 2025 General Plan. The map is therefore subject to the fee, in the actual amounts that are established by the Fresno City Council. Fees shall be paid prior to issuance of building permits. The following specific conditions shall apply under the new fee: a. Pay the Regional Street Fee per Average Daily Trip (ADT) generated by the development in accordance with the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual and the Master Fee Schedule of the City of Fresno. The anticipated fee per single family dwelling unit is $1,373. b. Pay the Northwest Quadrant Major Street Fee per Average Daily Trip (ADT) generated by the development in accordance with the latest ,edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual and the Master Fee Schedule of the City of Fresno. The anticipated fee per project ADT is $5,590 per single family dwelling unit. c. The cost of right-of-way, engineering, construction, City plan check fees and City street inspection fees for the required improvements from 5' behind the face of outside curb and 5' behind the face of outside curb are eligible for credit and/or reimbursement under this fee program. Costs for utility relocation, utility installation, storm drain inlets, sidewalks, trails, landscaping behind the curb and gutter, street lighting, traffic signals, signal interconnect / communication, developer administration costs and developer construction contract management are ineligible for credit and/or reimbursement of these fees. Eligible construction costs include curb, gutter, paving, median curb, stamped concrete median maintenance band, bridges, .railroad crossing improvements, median landscaping, signing and striping. STREET NAMES Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 14 111. Change the following street names to reflect their proper spelling in accordance with the Street Name Review, dated June 26, 2006: a. All Private Drive to Submit new street names. SANITARY SEWER SERVICE 112. The developer/owner shall comply with the requirements in the letter from Public Utilities Department, dated June 28, 2006 for Vesting Tentative Tract Map No. 5649/UGM. 113. The nearest sanitary sewer mains to serve the proposed project are a 21-inch sewer main located in North Gates Avenue, an 8-inch main in North Salinas Avenue and an 8-inch main in North Figarden Drive. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements. 114. On-site sewer facilities shall be private. 115. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 116. Separate sewer house branches shall be provided for each lot created. 117. Abandon all existing on-site private sanitary systems. 118. All underground street utilities shall be installed prior to permanent paving. 119. Public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications and policies. 120. Engineering improvement plans prepared to City Standards by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approval for proposed additions to the City Sewer System. Sanitary Sewer UGM 121. This project is located in the following Urban Growth Management Service Areas: a. Sewer Oversize Reimbursement S.A.: #16 and #18. Sanitary Sewer Fees 122. The following Sewer Connection Charges are due and shall be paid for this Project: a. Sewer Lateral Charge b. Oversize Sewer Charge Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 15 c. Trunk Sewer Charge: Cornelia d. Wastewater Facility Charge (Residential Only) WATER SERVICE 123. The developer/owner shall comply with the requirements in the letter from Department of Public Utilities, Water Division, dated June 28, 2006 for Vesting Tentative Tract Map No. 5649/UGM. 124. Separate water services with meter boxes shall be provided to each lot created. 125. Two independent sources of water meeting Federal and State Drinking Water Act Standards are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 126. All public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications and policies. 127. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno Standards. 128. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the city water system. SOLID WASTE SERVICE Vesting Tentative Tract Map No. 5649/UGM will be serviced as Single Family Residential properties with Basic Container Service. The following conditions and requirements are placed on this tentative map as a condition of approval by the Department of Public Utilities. 129. The developer/owner shall comply with the requirements in the letter from Department of Public Utilities, Solid Waste Division, dated July 14, 2006 for Vesting Tentative Tract Map No. 5649/UGM. 130. Property owners will receive three containers to be used as follows: one gray container for solid waste and one blue container for recyclable material. 131. The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4- feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 16 132. Per FMC Section 9-404 Solid Waste Disposal Regulations, Section C-10, no solid waste container nor residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 133. Per Municipal Code, Section 9-405 Solid Waste, Recycling and Green Waste Regulations, Section 10-I, no material container shall be stored in the front yard or side yard on a street as said yards are described on Chapter 12, Article 2 and 3 of this Code, unless the container is screened from view from the street in accordance with this article of the Code. 134. Developer shall provide a minimum of 18-feet of unobstructed clearance at the entrance and exit gates and also along the path the solid waste vehicles travel. ,135. The private roads shall be posted "No Parking" on solid waste service days. RIGHT-OF-WAY ACQUISITION 136. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 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. 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. 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. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 17 137. The developer/owner shall comply with the requirements in the letter from Fresno Metropolitan Flood Control District, dated July 28, 2006 for Vesting Tentative Tract Map No. 5649/UGM. 138. The subdivider shall be required to pay any applicable storm drainage fees to comply with Fresno Municipal Code Chapter 13, Article 13. 139. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letter to the Planning and Development Department dated July 28, 2006. 140. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. AIR QUALITY 141. The developer/owner shall comply with the requirements in the letter from the San Joaquin Valley Air Pollution Control District, dated June 26, 2006 for Vesting Tentative Tract Map No. 5649/UGM. IRRIGATION DISTRICT 142. The developer/owner shall acknowledge the comments of the Fresno Irrigation District, dated June 16, 2006, for Vesting Tentative Tract Map No. 5649/UGM. 143. FID's "H" Ditch No. 128 traverses the subject property as shown on the enclosed map. 144. The reach of canal affected by the development can be contained in a twenty-four inch diameter RGRCP C-361 pipeline. FID requires the applicant to grant to FID an exclusive pipeline easement and pipe open canal across the development in accordance with FID Standards, and that the applicant enter intro an agreement for piping the canal with costs to be borne by the applicant not to exceed the cost of a 54-inch diameter pipeline, subject to approval by FID's Board of Directors. 145. FID requires the applicant and/or applicant's engineer meet with FID at their earliest convenience to discuss specific requirements, e.g. easement width and alignment, pipeline alignment, depth, fees, etc. 146. FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 18 147. FID requires its easement be shown on the final map with proper recording information, and that FID be made a party to signing all plans which affect its easements and canal/pipeline facility and also be made party to signing the final map. 148. FID requires the applicant enter into an Encroachment Agreement with FID for all permanent improvements placed on or constructed within FID's easements. 149. FID does not allow FID owned property or easements to be in common use with public utility easements but will, in certain instances, allow its property to be in common use with landscaping easements if the City of Fresno enters into an appropriate agreement with FID. FID requires all block walls and fences be located outside of its property and easements. 150. FID requires the applicant exempted from any condition that would require the construction of public facilities or conveyance of deeds or easements within FID's canal easement to any party without FID's written consent FRESNO UNIFIED SCHOOL DISTRICT 151. The developer/owner shall comply with the requirements of the Fresno Unified School District, dated July 6, 2006, for Vesting Conditional Use Permit No. C-05-295. 152. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Fresno Unified School District, pursuant to Government Code Section 65995 and Educational Code Section 17620. STATE OF CALIFORNIA- DEPARTMENT OF TRANSPORTATION 153. The developer/owner shall comply with the requirements in the letter from State of California, Department of Transportation, dated June 28, 2006 for Vesting Tentative Tract Map No. 5649/UGM. DEVELOPMENT FEES AND CHARGES 154. Vesting Tentative Map No. 5649/UGM is subject to the following fees: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) b. Oversize Charge* $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Chargee $419/living unit Service Area: Cornelia d. Wastewater Facilities Charge+ $2,119/living unit - e. House Branch Sewer Chargee NIA WATER CONNECTION CHARGES FEE RATE Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 19 f. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. g. Frontage Charge* $6.50/lineal foot h. Transmission Grid Main Charges $643/gross acre (parcels 5 gross acres or more) i. Transmission Grid Main Bond Debt Service Charge* $243/gross acre (parcels 5 gross acres or more) j. UGM Water Supply Feev $356/gross acre Service Area: 136 I. Well Head Treatment Feev $0/living unit Service Area: 201 m. Recharge Feer $0/living unit Service Area: 201 n. 1994 Bond Debt Services $0/living unit Service Area: 201 DEVELOPMENT IMPACT FEE FEE RATE o. Fire Facilities Impact Fee - Citywide+" $539/living unit p. Park Facility Impact Fee - Citywide*" $3398/living unit q. 'Quimby Parkland Dedication Feelf" $1120/living unit r. Police Facilities Impact Fee - Citywide*" $624/living unit s. Traffic Signal Charges $414.69/living unit URBAN GROWTH MANAGEMENT FEE RATE t. Major Street Charge. $2798/adj. acre Service Area: C/D-2 u. Major Street Bridge Charge. $94/adj. acre Service Area: C/D-2 v. UGM Grade Separation Fees N/A Service Area: Tentative Tract Map 5649/UGM Conditional Use Permit No. C-05-295 August 2, 2006 Page 20 w. UGM Trunk Sewer Charge* N/A Service Area: x. Street Acquisition/Construction Chargee N/A Notes: *This amount if paid is creditable against the Park Facility Impact Fee. ** Fee applicable to all maps accepted for filing after August 30, 2005 v Due at time of subdivision. 4. Due at time of development. ♦ Due at occupancy. * Deferrable through Fee Deferral Covenant. FRESNO METROPOLITIAN FLOOD CONTROL DISTRICT FEE RATE 155. FMFCD Development Fee: $ 56,231.00 cc: Letters from: Public Works Department, Community Facilities District (7/28/06) Public Works Department, Street Trees (7/28/06) Fresno Fire Department (6/23/06) Public Works Department, Transportation Planning (6/01/06 &7/27/06) Street Name Review (6/26/06) Department of Public Utilities, Planning and Engineering (6/28/06). Department of Public Utilities, Water Division (6/28/06) Department of Public Utilities, Solid Waste Division (7/14/06) Fresno Metropolitan Flood Control District (7/28/06) San Joaquin Valley Air Pollution Control District (6/26/06) Fresno Irrigation District (6/16/06) Fresno Unified School District (7/06/06) California Department of Transportation (6/28/06) KAMaster Files-T-5649/COA.doc City of PUBLIC WORKS DEPARTMENT DATE: July 28, 2006 TO: Kevin Fabino, Project Manager Planning and Development Department FROM: ANN LILLIE, Senior Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE MAP OF TRACT 5649 AND COMMUNITY FACILITIES DISTRICT 1. The long term maintenance of the following items is 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 as approved by the Public Works Department within the street right-of-way(including median islands), landscape easements, trails and outlots within and adjacent to the subdivision. ■ Maintenance of Sidewalks and Street Furniture as approved by the Public Works Department within the street right-of-way, landscape easements, trails and outlots within and adjacent to the subdivision. • Maintenance of all entry treatments associated with the subdivision to include Landscape and Irrigation systems along sides and in medians, decorative concrete and pilasters. • Maintenance of all interior Curbs, Gutters, Sidewalks and Median islands as approved by the Public Works Department within the boundary of the tentative map. • Maintenance and operating costs of all Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. 2. 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 is considered to be technically correct. 3. Landscaping and Street improvement plans for all features to be maintained by a CFD for a final map shall be included in the CFD annexation request package for processing. 4. Should the Council or owner/developer choose not to include the maintenance of the items listed in section 1 above in a CFD, the property owner/developer shall provide a mechanism approved by the City for the maintenance of all of the above items. 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 July 28,2006 DEPARTMEN OF PUBLIC WORKS TO: Kevin Fabino,Project Manager Planning Division FROM: Ann Lillie,Senior Engineering Technician (559.621.8690) DATE: July 28, 2006 SUBJECT: Tentative Subdivision Map T-5649(Located west side of North Figarden Drive between North Salinas and Gates Avenues) The Department of Public Works has reviewed the Vesting Tentative Subdivision Map proposed by D.R. Horton, on engineering plans prepared by Mid Valley Engineering,dated Iune 14,2006. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in street right-of-ways, landscape easements, trails, outlots and Median Islands. GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and for the dedication of planting and buffer landscaping easements. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME North Figarden Drive Cinnamomum camphors-camphor North Salinas Avenue Pistacia chinensis-Chinese Pistache North Gates Avenue Koelreuteria paniculata-Golden Rain Tree 2. Street Tree Planting by Developer:For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60'of street frontage,or one tree per lot having street frontage,whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno,Department of Public Works "Standard Specifications." c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities,paid with final map,will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS 1. The subdivider shall provide longterm maintenance for all proposed landscaped areas 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. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project,applicants shall submit Plans to the Public W orks/Engineering Services showing the location and configuration of all median islands fronting the proposed proiect. 2. The Public Works Department will review and evaluate existing median island(s)for a determination of all required improvements prior to approval of Final Map. 3. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno,Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works Department requires all proposed median islands to be constructed with 2 foot wide colored concrete strips,flush along curb edge,in a 12 inch by 12 inch brick red slate pattern. 4. Trees shall not be planted in'sections which are less than eight(8)feet wine unless approved by the Public Works Department. Sections less than eight (8) feet shall be capped with concrete as an integral part of the off site improvements, whether the median is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District(CFD). If the outlots are to be included into the CFD, the Department of Public Works will require approving landscape and irrigation plans to be submitted with landscape buffer plans prior to inclusion into the CFD. TRAIL REQUIREMENTS 1. The trail shall be constructed in accordance with the"Master Trails Manual'and the Public Works Department standards. The subdivider is responsible for the trail construction. The subdivider is responsible for all landscape and irrigation improvements for and within the trail. Construction plans shall be submitted and shall include landscaping and automatic drip irrigation design. Trail cross- sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review and approval. These plans shall be in compliance with current City standards and approved by the Department of Public Works. Landscaping within the regional/multipurpose trail shall include large, medium and low-growing shrubs planted from 3 to 6 feet apart depending on variety,and trees spaced approximately 25 to 45 feet apart to provide 50%shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with "Landscaped Buffer Development Standards." All planting areas shall be irrigated with an automatic system. City of rniC+�.%��►,� Fire Department 450 M Street Randy R. Bruegman Fresno, California 93721-3083 Fire Chief 559-621-4000 FAX#559-498-4261 www.fresno.gov Date 6-23-06 TO Kevin Fabino, Project Manager Development Department, Planner FROM: Mike Schmid04upervising Fire Prevention Inspector Fire Prevention Bureau SUBJECT: Tentative Tract No. 5649 The Fire Department has completed a review of the Vesting Tentative Tract Map 5649 which was submitted by Mid-valley Engineering. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 2 miles of Fire Station No. 14. This project is subject to city wide fire service fees. - Provide residential hydrants and fire flows per Public Works standards with two sources of water. . Access is not acceptable for lots 15, 16, 126, 127. Provide drive access to within 150' of all portions of these buildings or sprinkler them. Note: Phasing of tract will require re-review for access requirements. Residential fire sprinklers: - All houses require a minimum 1Yz" water service connection with minimum 1" water meter for fire sprinkler/domestic supply. - All model homes shall be provided with approved fire sprinklers (13D) and with a minimum 1%" water service connection with minimum 1" water meter. - All houses over 5,000 square feet shall be fully fire sprinklered (13R) and provided with a minimum 2" water service connection. City of FIRE DEPARTMENT Date: June 23, 2006 To: KEVIN FABINO, Planner III Planning and Development Department From: MIKE SCHMID Xupervising Fire Prevention Inspector Fire Department, Fire Prevention & Investigative Services Subject: T-5649-UGM and C-05-295, a 141-lot single-family residential gated private street clustered planned development subdivision including the vacation of approximately 140 square feet of public right of way on North Figarden Drive on 16.2 acres of R-1-UGM zoned property located on the west side of North Figarden Drive between North Salinas and North Gates Avenues. Hydrants Developer must install 4 on-site hydrants(s). See Plan for location(s). Provide fire hydrant flow of 1500 GPM 8" water main minimum Note on plans: Fire hydrants shall be installed, tested, approved, and all surface access roads shall be installed and made serviceable prior to and during the time of construction. The hydrant 4 1/2" outlet shall face the access lane. General Note on plans: Two means of ingress/egress must be provided. This access must be maintained during all phases of development. ' Note on plans: All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. All openings in the perimeter of a building shall be accessible from within 150 feet of a public street or private driveway (Provide access to lots 15, 16, 126 & 127 or sprinkler all structures on these lots). Streets highlighted on the plan shall be identified as fire lanes as provided in the California Vehicle Code, Section 22500.1. Designate highlighted curbs as fire lanes (red curb with "Fire Lane" in 3" white letters every 50 feet or approved signs every 50 feet). Provide sign(s) (17" X 22" minimum) at all public entrance drives to the property "Warning- Vehicles stoppped, parked or left standing in fire lanes will be immediately removed at owner's expense- 22658 California Vehicle Code-Fresno Police Department 498-1414." All gates on common access drives shall be equipped with approved Police/Fire bypass locks (BEST LOCKS: Padlock 21B700 series or Cylinder lock 1 W7B2). Gates/fences shall not obstruct the minimum width required for fire lanes. Fresno A1As.dwCb City of 2000 .jpr City Hall 559-621-8800 Public Works Department 2600 Fresno Street, Rm.4064 David Healey,Director Fresno,CA 93721-3623 www.fresno.Qov June 1, 2006 Prism Engineering Grant P. Johnson, P.E., P.T.O.E 8365 North Fresno Street, Suite 480 Fresno, CA 93720 SUBJECT: Review of TRAFFIC IMPACT STUDY (TIS) for General Plan Amendment (A-05-017, R- 05-115) to the property located along the south edge of North Figarden Drive between North Salinas Avenue and North Gates Avenue TIS06-010 dated May 12, 2006 APPROVED for PLANNING COMMISSION with Comments Below We reviewed the Traffic Impact Study (TIS) for the proposed subject project which consists of 143 single- family sub-division in what is currently planned as an Elementary School land designation in the existing City of Fresno General Plan. Our review comments are as follows: General Comments 1. The trip generation for the proposed land use based on the ITE Trip Generation Manual is acceptable. The proposed project is projected to generate approximately 1,368 daily trips, 107 trips during the AM peak hour and 144 trips during the PM peak hour. However, the traffic consultant did not compare the existing land use with the proposed land use correctly. The PM peak period for the school would be from 2-4 PM and the PM peak period for the single-family residential would be from 4-6 PM. The residential peak period occurs during the same time as the peak period for the traffic on the local street network. Therefore, it would not be a decrease in PM peak hour counts from the existing land use to the proposed land use like was suggested in the traffic study. In addition, the school would generate (based on 700 students that was assumed in the study) approximately 900 average daily trips (ADT) compared to the single family residential that would generate approximately 1,370. So the proposed land use would generate a 35 percent increase in ADT. 2. This project shall pay its Traffic Signal Mitigation Impact Fee of $414.69 per single family dwelling unit at the time of building permit. Based on 143 single family dwelling units the project shall pay $59,297.81. 3. Although Traffic Calming is relatively new there are many references that can be used that include Traffic Calming State of the Practice, ITE, US Department of Transportation Federal Highway Administration, Reid Ewing and Traffic Calming: Strategies That Work, University of California Berkeley, Institute of Transportation Studies, Brown & Ewing along with many adopted practices from other jurisdictions (in California and the Nation) that can be utilized. At this time, the City does not have any adopted standards for traffic calming. In some of the references, spacing of devices is discussed along with equations to calculate the desired speed and effectiveness. 4. Figarden Drive at Gates Avenue Intersection Mitigation: The project shall widen Gates Avenue frontage along the proposed project to accommodate eastbound dual left-turn lanes, a through lane, and a right-turn lane. 5. Figarden Drive at Bullard Avenue Intersection Mitigation: Pay fair share costs to install dual left-turn lanes in the northbound and eastbound approaches and a permitted plus overlap right-turn lane in the eastbound approach with northbound u-turn prohibition. While the permitted plus overlap right- turn lane does not fully mitigate the intersection a free right turn lane with a 600 feet receiving lane is not approved as a feasible mitigation by traffic engineering staff. Fair share percentages for the proposed project shall be calculated by the traffic consultant. This fair share payment is in addition to the projects traffic signal mitigation impact (TSMI) fee. 6. At the time of the next annual TSMI Fee update scheduled, staff will recommend to the Council to include the intersection of Figarden Drive at Bullard Avenue in the City-wide fee for the additional turning lanes that are necessary to maintain LOS "D" at the intersection. Should the Council amend the eligible list to include Figarden Drive at Bullard Avenue, then payment of the TSMI fee per the new amended fee would satisfy the project's requirement to pay its fair share toward the intersection, and the fair share requirement above and beyond the TSMI Fee would be deleted. If payment of the fair share requirement and project occupancy occurs prior to the TSMI Fee update, then the developer will be eligible for reimbursement of the fair share payment should the Council amend the fee and the eligible intersection list to include Figarden Drive at Bullard Avenue. 7. The proposed project shall make necessary improvements and right-of-way dedications along interior and adjacent public streets as per City of Fresno requirements. 8. Table 3 was not updated from previous 4/27/06 review comment #26 to accurately reflect the Highway Capacity Manual thresholds for delay for unsignalized and signalized intersections. 9. It is difficult to determine why the delay in the Near Term PM peak period scenarios went down with the addition of the project. It appears that more green time might have been given to higher volume approaches. However the green splits with the synchro outputs were not included. 10. It is difficult to determine the queue lengths for approaches and turn pockets as that information was not provided in the synchro reports. Please take the time to address each comment listed above and respond to them in writing how and where in the traffic study they were addressed. If you have any further questions regarding this matter, please contact me at (559) 621-8792 or bryan.iones@fresno.gov . Sinc ely, Bry . Jo es, T.E. A i tant Traffic Engineering Manager P lic Works Department, Traffic Engineering Division C: Traffic Engineering Reading File Copy filed with Traffic Impact Study Mike Sanchez,Planning&Development Dept. Louise Monroe,Traffic Planning Supervisor City of DATE: July 27, 2006 REVISION TO: Kevin Fabino, Project Manager Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Divisio SUBJECT: Public Works Conditions of Approval - 4 TT 5649/C-05-295, (Figarden between Bullard and Gates) D.R. Horton / mid-valley engineering The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to final map. Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Frontage Improvement Requirements: Major Streets: Gates Avenue: Collector 1. Dedicate 63-67' of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. Center line shall be established based on Official Plan Line No. 82. Transition from 74'-94' curb to curb. Provide a cross section on the map for review and approval. (10'-10'-5'-12'-12'-12'-12'-12'-12'-7'-26') 2. Construct concrete curb and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Exhibit "D". A 2' dedication for a pedestrian easement is required. Page 1 of 4 Q\Louise\TRACT MAPS\T-5649 FIGARDEN BTWN BULLARD AND GATES.doc 3. Construct a bus bay curb and gutter near the southwest corner of Gates and Figarden to Public Works Standard P-73, complete with a 10' monolithic sidewalk, as approved by Traffic Engineering. 4. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 5. 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-8 for Collector Streets. 6. Relinquish direct vehicular access rights to Gates Avenue from all lots within this subdivision. Figarden Drive: Arterial 1. Where missing, construct concrete curb and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Remove and replace the existing entry treatment with curb, gutter and sidewalk to Public Works Standards. 2. Remove concrete improvements and replace with permanent paving at the existing entry to be deleted. 3. 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. 4. Relinquish direct vehicular access rights to Figarden Avenue from all lots within this subdivision. Interior Streets: Private Proposed easements do not provide enough space for ingress and egress . Provide ingress and egress turning templates for all easements and Outlots "C", "F', "J" and "L". Coordinate with Traffic, Fire and Solid Waste Departments. Specific Mitigation Requirements: 1. This tract will generate 116 a.m./142 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is required. Comply with the mitigation measure requirements of the Assistant Traffic Manager in the attached letter dated June 1, 2006. Additional right of way is required on Gates Avenue. Submit a cross section on the map to Traffic a minimum of 1 week prior to Planning Commission Hearing. . 2. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 3. Provide a minimum of 75' from the proposed gate to the back of walk, for vehicle stacking at both entrances and redesign to provide for an onsite turn around. Submit the redesign to Louise Gilio at least one week prior to the Planning Commission Hearing for review and approval. 4. Salinas- Multi-Purpose Trail: Not recommended at this location due to lack of continuity. 5. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for review and approval. Page 2of4 C:U.ouise\TRACT MAPS\T-5649 FIGARDEN BTWN BULLARD AND GATES.doc 6. A vacation is required with this map (for the easement on Figarden) and has been submitted. The developer is required to comply with all conditions of the vacation. Contact Alan James at 621- 8693. 7. Figarden Drive: Remove the existing left turn pockets at the entry to be deleted and replace with a concrete median curb, landscape, irrigation and permanent paving to Public Works Standards. Traffic Signal Mitigation Impact Fee: This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is $414.69 per single family unit, (fee rate as shown in the Master Fee Schedule). 1. Collector: Install a signal pole with a 150-watt safety light and an oversized street sign to Public Works Standards at the southwest corner of Gates and Figarden. 2. Modify the traffic signal at Gates and Figarden in accordance with the memorandum from the Assistant Traffic Engineering Manager dated June 1, 2006. Include emergency vehicle signal preemption and loop detection for all approaches. UGM Requirements: This Map is in UGM major street zone C/13-2; therefore pay all applicable UGM fees. Traffic Impact Fees: This map was accepted for processing after February 14, 2006, the date on which the Fresno City Council adopted Resolution No. 2006-61, expressing the City's intent to adopt a Citywide Impact fee for local regionally significant major streets and an impact fee based on quadrants for local major streets to implement the goals, objectives and policies of 2025 General Plan. The map is therefore subject to the fee, in the actual amounts that are established by the Fresno City Council. Fees shall be paid prior to issuance of building permits. The following specific conditions shall apply under the new fee: 1. Pay the Regional Street Fee per Average Daily Trip (ADT) generated by the development in accordance with the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual and the Master Fee Schedule of the City of Fresno. The anticipated fee per single family dwelling unit is $1,373. 2. Pay the Northwest Quadrant Major Street Fee per Average Daily Trip (ADT) generated by the development in accordance with the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual and the Master Fee Schedule of the City of Fresno. The anticipated fee per project ADT is $5,590 per single family dwelling unit. 3. The cost of right-of-way, engineering, construction, City plan check fees and City street inspection fees for the required improvements from 5' behind the face of outside curb and 5' behind the face of outside curb are eligible for credit and/or reimbursement under this fee program. Costs for utility relocation, utility installation, storm drain inlets, sidewalks, trails, landscaping behind the curb and gutter, street lighting, traffic signals, signal interconnect/communication, developer administration costs and developer construction contract management are ineligible for credit and/or reimbursement of these fees. Eligible construction costs include curb, gutter, paving, median curb, stamped concrete median maintenance band, bridges, railroad crossing improvements, median landscaping, signing and striping. Page 3 of 4 CALouise\TRACT MAPS\T-5649 FIGARDEN BTWN BULLARD AND GATES.doc CITY OF FRESNO PUBLIC WORKS DEPARTMENT GAD PLAN CHECK GUIDE & REQUIREMENTS LIST ❑ CALL OUT TRACT NUMBER ON GAD ❑ LANE CONFIGURATIONS MATCH CONDITIONS OF APPROVAL ❑ TURN POCKET LENGTHS ARE CALLED OUT AND CORRESPOND TO QUEUE LENGTHS IN TRAFFIC IMPACT STUDY ❑ EXISTING AND PROPOSED CURBS AND MEDIAN ISLANDS ARE CLEARLY SHOWN ❑ PERTINENT FEATURES SUCH AS EXISTING PARCELS, RAILROADS, FID CANALS ❑ CONFORMS TO EXISTING CONDITIONS AT PROJECT LIMITS ❑ EXISTING LANE WIDTHS ARE CALLED OUT AT CONFORM AREAS ❑ GAD SHOWS PROPOSED WIDTH OF STREET RM/, CURB-TO-CURB DISTANCE, ALL TRAFFIC LANES, BIKE LANES, PARKING LANES AND MEDIAN ISLANDS ❑ GAD CALLS OUT TRANSITION LENGTHS AND TAPERS EXPRESSED AS TRANSITION LENGTH PER OFFSET WIDTH (I.E. 50:1 TAPER WOULD BE A 600'TRANSITION FOR A 12' OFFSET) ❑ ALL CURVE DATA IS CALLED OUT. WHERE CURVES ARE CONCENTRIC, ONLY THE C/L OR CURB LINE NEEDS TO BE CALLED OUT. ❑ THE C/L IS MATHEMATICALLY DEFINED WITH HORIZONTAL CONTROL IN CASES WHERE THE C/L DOES NOT FOLLOW THE SECTION LINE ❑ BEARINGS AND DISTANCES ARE PROVIDED WHERE THE C/L OF CONSTRUCTION (NEW C/L OR SECTION LINE) IS NOT PARALLEL TO THE PROPOSED R/W, OR WHERE THE TWO SIDES OF A DIVIDED ROADWAY ARE NOT PARALLEL. ❑ SHOW TRUCK TURNING TEMPLATES FOR ALL DUAL LEFT OR DUAL RIGHT TURNS AND ROUNDABOUTS ❑ CROSSWALK LAYOUTS MEET CITY STANDARDS (4' FROM FACE OF CURB AT RAMP, 10'WIDE, NO DOGLEGS, MEDIAN NOSES CLEAR OF CROSSWALK) ❑ PLANS INCLUDE PROJECT REFERENCE INFORMATION (Site Plan No., C.U.P. No., Rezone No., Parcel Map No. or C.I.P. No. (PW ID, Fund, Org, KRA), NORTH ARROW, SCALE, TITLE BLOCK, OWNER'S NAME, ENGINEER PREPARED BY) ❑ FOR PROJECTS INCLUDING SIGNIFICANT VERTICAL GRADE CHANGES INCORPORATING MULTIPLE GRADE BREAKS OR VERTICAL CURVES,THE GAD SHOULD INCLUDE A PROPOSED MAJOR STREET C/L PROFILE (NOT NECESSARY FOR TYPICAL ROUTINE PROJECTS) Page 4 of 4 C:\Louise\TRACT MAPS\T-5649 FIGARDEN BTWN BULLARD AND GATES.doc - �I 1. 2' PED. EASEMENT - 10' i i .5'--� L-6'- 5.5, �- 12' ExH151T RESIDENTIAL_ SIDEWALK PATI LERN i REF. RE/. ( CITY OF FRESNO i I � ON MAJ2R STREE IT� , I Street Name Review TM-5649 6-26-06 Street Name Status Required Change Private Road Chane Submit new street names-see note Private Road Chane Submit new street names-see note West Regency Avenue Good North Salinas Avenue Good Private Road Change Submit new street names-see note North Fi arden Drive Good Private Road Change Submit new street names-see note North Gates Avenue Good Note: Submit new street names for private streets for review and approval. Names must be unique to the County of Fresno and must not have the suffix of avenue, road, or street. City of DEPARTMENT OF PUBLIC UTILITIES Date: June 28, 2006 To: KEVIN FABINO, Planner III Planning and Development Department, Current Planning From:',--DOUG HECKER, Supervising Engineering Technician Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR T-5649/UGM AND C-05-295 General Vesting Tentative T-5649/UGM and C-05-295 propose w141-lot single-family residential gated private street clustered planned development subdivision including the vacation of approximately 140 square feet of public right-of-way on North Figarden Drive on 16.2 acres of R-IfUGM zoned property located on the west side of North•Figarden Drive between North Salinas and North Gates Avenues. Environmental Recommend a ' ns A NEGATIVE DECLARATION MA BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer mains to serve the proposed project are a 21-inch sanitary sewer main located in North Gates Avenue, an 8-inch main in North Salinas and an 8-inch main in North Figarden Drive. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. On-site sewer facilities shall be private. 2. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 3. Separate sewer house branches shall be provided for each lot created. 4. Abandon all existing on-site private sewer septic systems 5. All underground street utilities shall be installed prior to permanent street paving. 6—�tFeet-easemenes-ariOftas 7. Public sewer facilities shall L,,; constructed in accordance with the Department of Public Works standards, specifications, and policies. 8. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. Sanitary Sewer UGM This project is located in the following Urban Growth Management Service Areas: 1. Sewer Oversize Reimbursement S.A.: #16 and#18 Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Trunk Sewer Charge: Cornelia 4. Wastewater Facilities Charge (Residential Only) 5. Water Requirements Comply with attached City of Fresno Water Division memo, dated June 28, 2006, for water requirements for Tentative Tract 5649/UGM. City of go-R-M-E-fs I MErj®®► WATER DIVISION Date: June 28, 2006 To: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician /? Department of Public Utilities, Water Division From: ANITA LUERA, Engineering Technician II1.—� Department of Public Utilities, Water Division Subject: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5649/UGM The following conditions are required to provide water service to the tract. 1. Separate water services with meter boxes shall be provided to each lot created. 2. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager, 3. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 4. Seal and abandon existing on-site well(s) in compliance with the State of Califomia Well Standards, Bulletin 74-90 or current revisions issued by Califomia Department of Water Resources and City of Fresno standards. TAPROJMIMEMCondifians of Approval15649 062806.doc City of c® �s,e��,G r-RESH- Ag®r DEPARTMENT OF PUBLIC UTILITIES July 14, 2006 TO: Kevin Fabino, Project Manager Planning and Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations �7�', Department of Public Utilities, Solid Waste Division FROM: �VD Chris Weibert, Management Analyst II epartment of Public Utilities, Administration SUBJECT: TT 5649, Solid Waste Conditions of Approval Location: West side of North Figarden Drive between North Salinas and North Gates Avenues The Department of Public. Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5649 that was submitted by Mid-Valley Engineering on behalf of D.R. Horton — Fresno. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5672 will be serviced as Single Family Residential properties with Basic Container Service and a Green Waste Exemption. Property owners will receive 2 containers to be used as follows: 1 Gray container for solid waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 9-405 Solid Waste,Recycling and Green Waste Regulations, Section 10, I. No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Page 1 of t Conditions of Approval TT5649.doc Special Requirements: • Developer shall provide a minimum of 18' feet of unobstructed clearance at the entrance and exit gates and also along the path the solid waste vehicles travel. • The private roads shall be posted"No Parking" on solid waste service days. Page 2 of 2 Conditions of Approval TT5649.doc JUL-2T-2006 04:11PM FROM- T-058 P.002/007 F-111 nie rvv..4jv.4j FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager D.R. HORTO L �' �% ' Planning&Development Department 2350 WEST 142 City of Fresno FRES C J U L 2 0 2006 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5649 P IMINARY FEE(S)(See below) w DRAINAGE AREA(S) " AE EF RAINAGE AREA AE $17,336.00 DATE DRAINAGE AREA EF $38,895.00 TOTAL FEE $56,231.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z 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 N 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 filial map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to a, approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration_ c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. swq $469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided documont JUL-27-2006 04:11PM FROM- T-056 P.003/007 F-114 . JTICE 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 complianc a District Requirements. 1. a. Drainage from the site shall b t X b. Grading and dra' pa be as identified on Exhibit No. 14-2 C. The grading.W i e s shown on the site plan conform to the adopte d Flood Control Master Plan. 2. The proposed developm hal onstruct and/or dedicate Storm Drainage and Flood Control Master Plan facilities locate 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. l as "Non-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 Storm Drain Plan X Final Map X Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: a- Permanent drainage service is available provided.the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. 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, necessating appropriate floodplain management action. (See attached Floodplain Policy.) 5644 5469 E.OLIVE - FRESNO,CA 93727 - (S59)456-3292 - FAX(559)456-3194 Two sided document i JUL-U-2006 CON FROW T-058 P.004/007 F-111 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as d i on latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone 6. The Federal Clean Water Act and the State General Pe rm Water Discharges Associated with Construction and Industrial A 't (S eneral Permits)require developers of construction projects disturbing one or m ischarges associated with industrial activity not otherwise exempt from Nat' h ischarge Elimination System (NPDES) Z permitting,to implement controls to r p ts, prohibit the discharge of waters other than storm water to the municipal storm drain, stem, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. Z State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002,) A State General 0 Construction Permit is required for all clearing,grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance, sample storm water runoff'and test it for pollutant indicators, and annually submit a report to the State Board. 3N9 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sldad ducumant JUL-2T-2006 04:12PM FROM- T-058 P.005/00T F-111 FRESNO ML.r AOPOLITAN FLOOD CONTROL 1_STRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposedlievelopment by the developer or requirements made by other agencies. 9. X See Exhibit No. 2 for addition m mmendations and requirements. Gerald E. Lakeman, Project Engineer: RALkydns District Engineer C: MID-VA L RING 117 L ST. MODESTO, A. 95354 sw 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document JUL-2T-21106 04:12PM FROW T-058 P.006/OOT F-111 38' BULLARp ( AVE. WDNCESAMApr wa?vvv TRACT 5649 CUP 2005-295 or qL� LEGEND Non-master Plan Facilities To Be Constructed By Developer- (Not Eligible For Fee Credit) V Canal Piping To Be Constructed By Developer ® 15'Irrigation Easement Location 0-- - - Existing Master Plan Facilities ®---- Future Master Plan Facilities —————— Inlet Boundary Drainage Area Boundary TRACT 5649 CUP 2005-295 :• EXHIBIT NO. 1 DRAINAGE AREA:"AiFA FRESNO METROPOLITAN FLOOD CONTROL DISTRICT — - -- n 0�0 —UPAWN ate 71 peWer: ate JUL-21-2006 04:12PM FROM- T-058 P.007/007 F-11.1 OTR REQUIREMENTS ETT NO. 2 Our records indicate that there is not continuous existing curb and gutter to convey runoff to the Master Plan inlet located at North Salinas and West Corona Avenues. The developer shall be required to provide documentation and/or improvements satisfactory to the City of Fresno to allow for conveyance of storm water to the inlet locatiorL Due to the increased density of the development, the Master Plan inlet does not have sufficient capacity for the additional runoff. The developer shall be required to install an additional inlet at Salinas and Corona Avenues. This inlet is not fee creditable and must be funded by the developer. The developer of Tract 5649 shall be required by the District to follow drainage patterns depicted on Exhibit No. 1. That portion of the project that is within District's Drainage Area "AE" shall drain to the existing inlet in Figarden Drive. The District recommends a stub street to the northeast from Private Road Outlot"G" to Figarden Drive. This is necessary to allow surface drainage from Tract 5649 to reach the existing Master Plan inlet located in Figarden Drive. If the stub street is not constructed,the developer of Tract 5649 must provide a method of storm water conveyance to allow drainage from the "AE" portion of this development to drain to Figarden Drive. The subject site contains a portion of a canal 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. District requests a redesign of the proposed piping of H-Ditch No. 128 to reduce losses. Please contact the District and FID to setup a meeting regarding proposed revised alignment. Due to the projected losses in the piping of H-Ditch No. 128, District requires that said pipeline be thirty-inch (30") diameter. Development No. Tract 5649 ao6rlperm Iti�Giill�f li2�ACLll�x[i� San Joaquin valley Air Pollution Control District June 26, 2006 Reference No. C200601412 City of Fresno c� C II hI11-� Planning and Development Department L_ lJ v� Attn: Dave Braun 2600 Fresno Street, Third Floor 6'i' r >a Fresno, CA 93721-3604 N :gin. aI g irr,Y.�i Subject: T-5649; C-05-295; APN 509-020-14S, 18, 19 taw Dear Mr. Fabion: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and particulate matter(PM10 and PM2.5). This project would contribute to the overall decline in air quality due to construction activities in preparation of the site, and ongoing traffic and other operational emissions. Based on the size of the project, 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). It appears that this project will be subject to the District's Indirect Source Review Rule (Rule 9510). 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. Preliminary analysis, based on the trip generation information included with the application and the size of the construction site, indicates that this project may generate emissions in excess of the Rule's 2.0 tons per year baseline for ROG and NOx that would require emissions to be reduced. 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 ISRavalleyair.org. Based on the information provided, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Rules not enumerated below. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at(559)230-5888. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions) Rules 8011-8081 are designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demolition activities, road construction, bulk materials storage, paved and unpaved roads, carryout and track out, landfill operations, etc. The District's compliance assistance bulletin for construction sites can be found at htti)://www.valleyair.oro/busind/comply/PM10/Req%20VI11%20CAB.C)df. If a residential project is 10.0 or more acres in area or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials on at least three days, a Dust Control Plan must be submitted as Northern Region Office Central Region Office Southern Region Office 4800 Enterprise Way 1990 East Gettysburg Avenue 2700 M Street,Suite 275 Modesto,CA 95356-8718 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 (209)557-6400 • FAX(209) 557-6475 (559) 230-6000 • FAX (559) 2:30-6061 (661)326-6900 • FAX(661)326-6985 www.valleyair.org Mr. Fabion June 26, 2006 T-5649;C-05-295;APN 509-020-14S, 18, 19 Page 2 specified in Section 6.3.1 of Rule 8021. Construction activities shall not commence until the District has approved the Dust Control Plan. A template of the District's Dust Control Plan is available at http://www.valleyair.org/busind/comply/PM 10/forms/DCP-Form%20-%2012-01-2005.doc. Rule 4102 (Nuisance) This rule applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) This rule regulates the use of open burning and specifies the types of materials that may be open burned. Agricultural material shall not be burned when the land use is converting from agriculture to non-agricultural purposes (e.g., commercial, industrial, institutional, or residential uses). Section 5.1 of this rule prohibits the burning of trees and other vegetative (non-agricultural) material whenever the land is being developed for non-agricultural purposes. In the event that the project applicant burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. Rule 4601 (Architectural Coatings) This rule limits volatile organic compounds from architectural coatings by specifying architectural coatings storage, clean up and labeling requirements and applies to any person who supplies, sells, offers for sale, applies, or solicits the application of any architectural coating. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations) If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) This rule limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: • 5.3.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2)dwelling units per acre. • 5.3.2 No person shall install more than two(2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3)dwelling units per acre. • 5.3.3 No person shall install more than one (1)wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2)dwelling units per acre. More information about Rule 4901 can be found on our website at www.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. 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 ISRCcD-valleyair.org. The District encourages innovation in measures to reduce air quality impacts. There are a number of features that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as the City of Fresno development standards. Any measure selected should be implemented to the fullest extent possible.) The suggestions listed below should not be considered all-inclusive and remain options that the agency with the land-use authority should consider for incorporation into the project. • Large canopy trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade 50% of paved areas within 15 years. Also, trees should be planted adjacent to all sidewalks. Structural soil should be used under paved areas to improve tree growth. For information on Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/. For Mr.Fabion June 26, 2006 T-5649;C-05-295;APN 509-020-14S, 18, 19 Page 3 information on Tree Selection see http://www.ufei.org/. For Urban Forestry see http://www.coolcommunities.org, http://wcufre.ucdavis.edu and http://www.lgc.org/bookstore/energy/downloads/siv tree quidelines.pdf. • As many energy conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include(but are not limited to): - Increased energy efficiency(above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. Energy efficient widows (double pane and/or Low-E), lighting, appliances, and heating and cooling systems. See http://www.energystar.gov/ - Programmable thermostats for all heating and cooling systems Use Low and No-VOC coatings and 'paints. See South Coast's site for No-VOC Coatings at http://www.agmd.goy/prdas/brochures/paintguide.html High-albedo (reflecting) roofing material. See http://eetd.Ibl.gov/coolroof/ Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See http://www.harc.edu/harc/Proiects/CoolHousion/ and http://eande.Ibl.gov/heatisland/ - Radiant heat barrier. See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html Features to promote energy self-sufficiency (solar water-heating systems, photovoltaic cells, solar thermal electricity systems, small wind turbines, etc.) Rebate and incentive programs are offered for alternative energy equipment. See http://www.dsireusa.org/, http://rredc.nrel.gov/, and http://www.energy.ca.gov/renewables/ - Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs - Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.html - Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.adyancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) in backyard or patio areas to encourage the use of gas barbecues - Construct paths to connect the development to nearby bikeways or sidewalks. See http://www.vtpi.org/tdm/tdm85.htm and http://www.bicyclinginfo.or- - Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines - Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site - More information can be found at http://www.ciwmb.ca.gov/(jriYenBuildinq/, -http://www.l-qL.M, http://www.sustainable.doe.gov/, and http://www.consumerenergvicenter.orq/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 - 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. Mr.Fabion June 26, 2006 T-5649;C-05-295;APN 509-020-14S, 18, 19 Page 4 • Construction equipment may be powered by diesel engines fueled by alternative diesel fuel blends or Ultra Low Sulfur Diesel (ULSD). The California Air Resources Board (CARB) has verified specific alternative diesel fuel blends for NOx and PM emission reduction. Only fuels that have been certified by CARB should be used. Information on biodiesel can be found on CARB's website at http://www.arb.ca.gov/fuels/diesel/altdiesel/altdiesel.htm and the EPA's website at http://www.epa.gov/oms/models/biodsi.htm. The applicant should also use CARB certified alternative fueled engines in construction equipment where practicable. Alternative fueled equipment may be powered by Compressed Natural Gas (CNG), Liquid Propane Gas (LPG), electric motors, or other CARB certified off-road technologies. To find engines certified by the CARB, see their certification website http://www.arb.ca.qov/msprog/offroad/cert/cert.php. For more information on any of the technologies listed above, please contact Mr. Chris Acree, Senior Air Quality Specialist, at(559)230-5829. • Construction equipment may be used that meets the current off-road engine emission standard (as certified by the CARB), or be re-powered with an engine that meets this standard. Tier I, Tier II and Tier III engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the CARB, see http://www.arb.ca.qov/mst)rog/offroad/cert/cert.phi). This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. Rule 9510 requires construction exhaust emissions to be reduced by 20 percent for NOx and 45 percent for PM10 when compared to the statewide fleet average or to pay an in lieu mitigation fee. For more information on heavy-duty engines, please contact Mr. Thomas Astone, Air Quality Specialist, at (559) 230-5800. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call either myself, or Mr. Dave Mitchell, Planning Manager, at (559) 230-5800 and provide the reference number at the top of this letter. Sincerely, Chris J. Kala hi Air Quality S ecialist Central Re on c:file Y k. PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water June 16, 2006 � Ll J U jd 1 �' 246 Planning Division DevelOPMCnt Department Mr. Kevin Fabino JI I �r ;'=`: 0 City of Fresno Planning and Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: VTTM No. 5649, C-05-295, APN: 509-020-14, 18, 19 S/W Salinas & Figarden FID's "H" Ditch No. 128 Dear Mr. Fabino: FID's comments and requests are as follows: 1. FID's "H" Ditch No. 128 traverses the subject property as shown on the enclosed map. 2. The reach of canal affected by the development can be contained in a twenty-four inch diameter RGRCP C-361 pipeline. FID requires the applicant grant to FID an exclusive pipeline easement and pipe the open canal across the development in accordance with FID standards, and that the applicant enter into an agreement for piping the canal with costs to be borne by the applicant not to exceed the cost of a 54-inch diameter pipeline, subject to approval by FID's Board of Directors. 3. FID requires the applicant and/or the applicant's engineer meet with FID at their earliest convenience to discuss specific requirements, e.g: easement width-and alignment, pipeline alignment, depth, fees, etc. 4. FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 5. FID requires its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 6. FID requires the applicant enter into an Encroachment Agreement with FID for all permanent improvements placed on or constructed within FID's easement. Agencies\City\VTTM5649 C-05-295 BOARD OF President JACOB ANDRESEN. vice-President JEFFERY G. BOSWELL DIRECTORS JEFF NEELY.EDDIE NIEDERFRANK.STEVEN G BALLS. General Manager GARY SERRATO June 16, 2006 Mr. Kevin Fabino Page 2 of 2 7. FID does not allow FID owned property or easements to be in common use with public utility easements but will, in certain instances, allow its property to be in common use with landscape easements if the City of Fresno enters into an appropriate agreement with FID. FID requires all block walls and fences be located outside of its property and easements. 8. FID requests the applicant be exempted from any condition that would require the construction of public facilities or conveyance of deeds or easements within FID's canal easement to any other party without FID's written consent. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnson(2fresnoirrigation.com. Sincerely, Bret Johnson Engineering Technician I cc: D.R. Horton Mid-Valley Engineering Agencies\City\VTTM5649 C-05-295 °cn % o O � O Cl) Z O z T O O �p m z v W 4 2 0 1 Av qs cn O Ip o \ y N �rQh \ r 1F Ii � B Ul Yn � A z\ o� III III �i'a O _ r N gyp\ 0 r m r or 8 8 c l OD cfl o 0 o-aa OD 5: Y o-. gg $ �Q s w�x M Facilities Management&Plannir- . 4600 N. B.rawley ZW->W Fresno, CA 93722 559-457-3074 BOARD OF EDUCATION Luisa Medina,President Janet Ryan,Clerk { Patricia R.Barr Frwsno vn�p Valerie F.Davis nVCarol Mills,J.D.School Dis Manuel G.Nunez An Equal Opportunity Employer Tony Vang,Ed.D. SUPERINTENDENT Michael E.Hanson 559/457-3882 • FAX 559/457-3786 . July 6, 2006 mehanso(a)fresno.k12.ca.us Kevin Fabino, Project Manager CITY OF FRESNO CE IWD PLANNING DIVISION Development Department 1 2600 Fresno Street J u _ Fresno, CA 93721-3604 DEVELOPMENT DEPARTMENT SUBJECT: C-05-295 REQUEST FOR COMMENTS CITY OF FRESNO Dear Mr. Fabino, In response to your request for review and comment on the above-referenced Conditional Use Permit application, Fresno Unified submits the following; Any urban residential development occurring as a result of project approval will have an impact on the District's student housing capacity. The District, through local funding, is in a position to mitigate its shortage of classrooms to accommodate planned population growth for the foreseeable future. However, the District recognizes that the legislature, as a matter of law, has deemed, under Government Code Section 65996, that all school facilities impacts are mitigated as a consequence of SB 50's Level 1, 2 and 3 developer fee legislative scheme. Any new development on the subject property or conversion of non-habitable to habitable space, is subject to development fees of $2.24 per square foot for residential and $0.36 per square foot for commercial development. 1. Attendance area information: The project is presently within the attendance areas of the schools identified below. Elementary School: Lawless Intermediate School: Tenaya High School: Bullard 2. Transportation will be available for students attending the above identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. The cost of transportation is currently$41.50 per hour. The cost of providing transportation services to students from the project will add to District transportation expenses. 2309 Tulare Street Fresno,CA 93721-2287 559/457-3000 www.fresno.k12.ca.us Mr. Kevin Fabino,Project Manager C-05-295 Request for Comments Page 2 The district appreciates the opportunity to comment on the proposed project. Please contact my office if you have any questions or require additional information regarding our comments. Sincerely, Deana Clayton,Project Manager Facilities Management& Planning C: Lisa LeBlanc,Executive Director,Facilities Management&Planning File (2) STATE OF CALIFORNIA—BUSINESS.TRANSP kTION AND HOUSING AGENCY ARNOLD SCHWARRZENEGGER G+vemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE s P.O.BOX 12616 FRESNO,CA93778-2616 PHONE 559)445-6666 `V/ FAX (559)488-4088 Flee your power! Be energy e TTY (559)488-4066 efficient! JUN In 2006 June 28, 2006 Planning Division Development Department 2131-IGR/CEQA 6-FRE-99-29.5+/- C-05-295 &T-5649 D.R. HORTON-FRESNO Mr. Kevin Fabino City of Fresno Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Fabino: Caltrans has reviewed the use permit, tract map, and Traffic Impact Study(TIS) for the proposed 141-lot single-family residential development on the west side of North Figarden Drive between North Salinas and North Gates Avenues. We have the following comments: Figure 7 of the TIS indicates that the development would generate 64 trips (45% of 143 trips) during the evening peak travel period that would impact the segment of Shaw Avenue west of Jennifer Avenue. We estimate that 30% of these trips (19 trips) would impact the State Route(SR) 99 interchange at Ashlan Avenue and 50% of these trips (32 trips) would impact the SR 99 interchange at Shaw Avenue. Per the Interim Agreement between the City of Fresno and Caltrans, we have used the "City Formula"to calculate a fair share for this project's impacts to these two interchanges. City Formula: Ashlan Interchange Northbound off-ramp: (16/trips)($609/trip) = $9,743 Eastbound at Northbound ramp: (3/trips)($709/trip) =$2,128 Shaw Interchange Northbound off-ramp: (5/trips)($164/trip) =$972 Southbound off-ramp: (16/trips)($451/trip) = $7,213 Shaw Overcrossing: (11/trips)($443/trip) _ $4,871 This development's proportional share for future improvements to the SR 99 interchanges at Ashlan and Shaw Avenues is therefore $24,927. If the applicant or lead agency does not concur with this recommended mitigation, then a select zone analysis should be provided to determine the project's impact to these interchanges. "Caltrans improves mobility across California" Mr. Kevin Fabino June 28, 2006 Page 2 The City should consider a transit alternative for this project. There is sufficient development in this general area to support transit, and early planning could make such an alternative feasible. Caltrans recommends that this project be routed to Fresno Area Express (FAX) staff for their review and comment. Please see Attachment Number 1 for other recommended transportation alternatives. We request that this letter be made a part of the permanent record for this project and that a copy of our letter be included in any staff reports prepared for public hearing. This will provide the decision-making body and the general public with a complete and accurate environmental evaluation for the project. If you have any questions, please call me at (559) 445-6666. Sincerely, MOSES STITES Office of Transportation Planning District 6 Enclosure C: Mr. Grant P. Johnson,Prism Engineering Mr. Scott Mozier, City of Fresno Public Works Department Mr. Bryan Jones, City of Fresno Public Works Department Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project, will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3.' Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. ACOUSTICAL ANALYSIS 143-UNIT RESIDENTIAL DEVELOPMENT NORTH FIGARDEN AND GATES AVENUES FRESNO, CALIFORNIA PREPARED FOR D.R.HORTON,INC. 2350 WEST SHAW AVENUE,SUITE 142 FRESNO,CALIFORNIA 93711 PREPARED BY BROWN-BUNTIN ASSOCIATES,INC. VISALIA,CALIFORNIA NOVEMBER 9,2005 INTRODUCTION The project is a proposed 143-unit residential development to be located on the west side of North Figarden Avenue, between Gates and Salinas Avenues, within the City of Fresno, California. The Burlington Northern Santa Fe (BNSF) Railway mainline is located approximately one-fourth mile east of the project site. The City of Fresno has required an acoustical analysis to determine if noise from traffic on North Figarden Avenue or railroad operations on the BNSF will exceed the City's standards, and to determine if noise mitigation measures will be required. This report is based upon a project site plan dated August 24, 2005 provided by the project developer. Revisions to that site plan may require reevaluation of the findings of this report. Appendix A provides definitions of the acoustical terminology used in this report. Unless otherwise stated, all sound levels reported in this analysis are A-weighted sound pressure levels in decibels (dB). A-weighting de-emphasizes the very low and very high frequencies of sound in a manner similar to the human ear. Most community noise standards utilize A-weighted sound levels, as they correlate well with public reaction to noise. CRITERIA FOR ACCEPTABLE NOISE EXPOSURE The City of Fresno Noise Element of General Plan establishes noise level criteria in terms of the Day-Night Average Level (DNL) metric. The DNL is the time-weighted energy average noise level for a 24-hour day, with a 10 dB penalty added to noise levels occurring during the nighttime hours (10:00 p.m.-7:00 a.m.). The DNL represents cumulative exposure to noise over an extended period of time and is therefore calculated based upon annual average conditions. The Noise Element establishes a land use compatibility criterion of 60 dB DNL for exterior noise levels in outdoor activity areas of new residential developments. An exterior noise exposure of up to 65 dB DNL is allowed for developments located along the BNSF or UPRR mainlines provided it has been determined that an exterior noise exposure of 60 dB DNL may not be achieved using a practical application of the best-available noise reduction technology. Outdoor activity areas generally include backyards of single-family residences and individual patios or decks of multi-family developments. The intent of the exterior noise level requirement is to provide an acceptable noise environment for outdoor activities and recreation. The Noise Element also requires that interior noise levels attributable to exterior noise sources not exceed 45 dB DNL. The intent of the interior noise level standard is to provide an acceptable noise environment for indoor communication and sleep. PROJECT SITE NOISE EXPOSURE Traffic Noise Exposure: Noise levels from traffic on North Figarden Avenue were calculated for existing (2004) and projected future (2025) conditions. Traffic noise level calculations were made using the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA-RD-77- OS-0BI(Fipwd=&Gaim Rum)I I-9-W.&c 1 108), traffic data obtained from the Fresno County Council of Governments (COG) and the results of on-site noise measurements. The FHWA Model is the standard analytical method favored by most state and local agencies, including Caltrans and the City of Fresno, for roadway traffic noise prediction. The model is based upon reference energy emission levels for automobiles, medium trucks (2 axles) and heavy trucks (3 or more axles), with consideration given to vehicle volume, speed, roadway configuration, distance to the receiver, and the acoustical characteristics of the site. The FHWA Model was developed to predict hourly Leq values for free-flowing traffic conditions, and is generally considered to be accurate within f1.5 dB. To predict DNL values, it is necessary to determine the hourly distribution of traffic for a typical day and adjust the traffic volume input data to yield an equivalent hourly traffic volume. The Calveno traffic noise emission curves are used as recommended by Caltrans to more accurately calculate noise levels generated by California traffic. Noise level measurements and a concurrent traffic count were conducted within the project site on October 10, 2005. The purpose of the measurements was to evaluate the accuracy of the FHWA Model in describing traffic noise exposure along North Figarden Avenue within the project site. The measurement site was located approximately 65 feet from the center of the roadway. The project site plan and noise monitoring site are shown in Figure 1. The project site is mostly flat, and it has been assumed that elevations of future building pads along Figarden Avenue will be approximately one foot higher than the roadway pavement. The posted speed limit adjacent to the site is 45 mph. Noise monitoring equipment consisted of a Larson-Davis Laboratories Model LDL 820 sound level meter equipped with a Bruel & Kjaer (B&K) Type 4176 '/z" microphone. This equipment complies with the specifications of the American National Standards Institute (ANSI) for Type I (Precision) sound level meters. The meter was calibrated in the field prior to use with a B&K Type 4230 acoustical calibrator certified by its manufacturer to be in compliance with National Bureau of Standards (NBS) reference levels to ensure the accuracy of the measurements. The microphone was located on a tripod at 5 feet above the ground. Noise measurements were conducted in terms of the equivalent energy sound level (Leq). Measured Leq values were compared to Leq values calculated (predicted) by the FHWA Model using as inputs the traffic volumes, truck mix and vehicle speed observed during the noise measurements. The results of this comparison are shown in Table 1. . From Table I it may be determined that the predicted noise level was within 0.3 dB of the measured noise level for the observed traffic conditions. This is considered excellent agreement between predicted and measured noise levels,and indicates that the FHWA Model will provide a realistic assessment of annual average traffic noise exposure within the project site. OS�1(Fiyud®&Gates.F'aam)11-9-0S.doc 2 FIGURE 1 03-M 1(Fiondm&Galati Free )I i Ams.d. 3 TABLE I COMPARISON OF MEASURED AND PREDICTED (FHWA MODEL)NOISE LEVELS NORTH FIGARDEN AVENUE @ GATES AVANUE Measurement Date October 10,2005 Measurement Start Time 12:40 p.m. Microphone Height,Ft, above theground) 5 Observed#Autos/Hr. 1872 Observed#Medium Trucks/Hr. 20 Observed#Heavy Trucks/Hr. 12 Posted Speed MPH 45 Distance,ft. from center of roadway) 65 L,,,,,dBA Measured 68.0 L,,,dBA Predicted 68.3 Difference between Measured and Predicted L dBA 0.3 Note: FHWA"soft site assumed for calculations Source: Brown-Buntin Associates,Inc. Annual Average Daily Traffic (AADT) data for North Figarden Avenue adjacent to the project site were obtained from the Fresno COG. Truck percentages and the day/night distribution of traffic were estimated by Brown-Buntin Associates, Inc. (BBA), based upon studies conducted along similar roadways, since project-specific data were not available from government sources. Table II summarizes annual average traffic data used to model noise exposure from North Figarden Avenue within the project site. Using data from Table II and the FHWA Model, annual average traffic noise-exposure was calculated for the closest proposed building setback along Figarden Avenue. This was assumed to be approximately 80 feet from the center of the roadway. The calculated traffic noise exposure at that setback was 66.7 dB DNL for existing (2004) traffic conditions and 68.3 dB DNL for projected future (2025) traffic conditions. The 60 and 65 dB DNL contours for future traffic conditions on the undeveloped site are shown in Figure 1. 05-081(FiSu&d k Gates,Fro)11-9-05.doc 4 TABLE H TRAFFIC DATA USED FOR NOISE EXPOSURE CALCULATIONS NORTH FIGARDEN AVENUE SOUTH OF SANTA FE AVENUE 2004 2025 Annual Average Daily Traffic AADT 22,442 32,654 Day/Night Split % 90/10 90/10 Estimated Vehicle Speed(mph) 45 45 %Medium Trucks %AAD 1.5 1.5 %Heavy Trucks %AADT 1.0 1.0 Sources: Brown-Buntin Associates,Inc. Fresno COG Railroad Noise Exposure: The mainline of the BNSF Railway is located approximately one-fourth mile east of the project site. Based upon other recent studies conducted by BBA along that section of railroad, the project site is outside the 60 dB DNL contour for railroad operations. Railroad noise mitigation will therefore not be required for the project. However, train warning horns will be audible within the project site as trains are approaching the North Figarden Avenue grade crossing. Since the railroad is on the same side of the project site as North Figarden Avenue, mitigation measures to reduce traffic noise exposure will also be effective in further reducing railroad noise levels. NOISE MITIGATION Exterior Noise Exposure: The City of Fresno Noise Element sets 60 dB DNL or less as the acceptability criterion within outdoor activity areas of noise-sensitive land uses. For the undevel9Ped site, the future traffic noise exposure within the project site is 68.3 dB DNL at the closest proposed-homes to the roadway. Since projected future noise exposure represents a worst-case condition, it provides the basis for assessing noise mitigation requirements. To mitigate traffic noise exposure, the project developer has proposed that a sound wall be constructed along North Figarden Avenue. The sound wall will provide acoustical shielding of ground-level outdoor activity areas and reduce the amount of noise affecting the interior of proposed residences. A sound wall insertion loss program based on the FHWA Model was used to calculate the insertion loss (noise reduction) provided by the proposed sound wall. The model calculates the insertion loss of a wall of given height based on the effective height of the noise source, height of the receiver, distance from the receiver to the wall, and distance from the noise source to the wall. The standard assumptions used in the sound wall calculations are effective source heights 05-08I(Figarden&Gaies,Fm )I I-Mldm 5 of 8, 2 and 0 feet above the roadway for heavy trucks, medium trucks and automobiles, respectively. The standard height of a residential receiver is five feet above the building pad elevation. A final grading plan was not available to BBA at the time this analysis was prepared. It was assumed for the calculations that the elevation of the proposed building pads closest to North Figarden Avenue will be approximately one foot higher than the roadway pavement. Based upon the above-described assumptions and method of analysis, it was determined that an eight-foot-high sound wall will reduce exterior traffic noise exposure by 8.7 dB at the first-floor elevation of closest proposed homes to the roadway. This will achieve a projected future traffic noise exposure of 59.6 dB DNL, which complies with the City's 60 dB DNL exterior noise level standard. The sound wall should be turned inward (westward) along Salinas Avenue for a minimum distance of 100 feet. The minimum height of this section of the sound wall should be six feet. It is not necessary to turn the sound wall inward along Gates Avenue since the homes on Lots 55-62 will face the roadway, thereby shielding the backyards from traffic noise. All sound wall heights are relative to the closest building pad elevations. Second-floor decks or other outdoor activity areas facing North Figarden Avenue, if proposed, would not be effectively shielded by the proposed sound wall. Interior Noise Exposure: The City of Fresno interior noise level standard is 45 dB DNL. In order to satisfy the City's interior noise level standard at the first-floor level, and assuming that the above-described sound wall will be in place, the proposed construction will need to be capable of providing a minimum outdoor-to-indoor noise level reduction (NLR) of approximately 15 dB (60-45=15). If second- floor receivers are planned for the first row of lots along North Figarden Avenue, the minimum required NLR at the second-floor would be approximately 23 dB. The higher NLR requirement for second-floor receivers is due to the fact that the sound wall will not be effective in reducing traffic noise exposure above the first-floor elevation. A specific analysis of interior noise levels was not performed. However, it may be assumed that residential construction methods complying with current building code requirements will reduce exterior noise levels by a minimum of 25 dB if windows and doors are closed: This will be sufficient for compliance with the City's 45 dB DNL interior noise level standard. Requiring that windows and doors remain closed for the required interior noise insulation means that air conditioning or mechanical ventilation will be required. CONCLUSIONS AND RECOMMENDATIONS The proposed 143-lot residential development at North Figarden and Gates Avenues will comply with the exterior and interior noise level requirements of the City of Fresno provided the following noise mitigation measures are incorporated into the final project design: 1. The sound wall described on pages 5 and 6 of this report should be constructed to reduce exterior noise exposure in outdoor activity areas located at the first floor level. Sound 05-081(Figar&ea&Gaua,Fr )11-M5.dm 6 walls must be continuous without gaps or openings, and constructed of a dense material such as masonry blocks or stucco on both sides'of a wood/steel frame. 2. Mechanical ventilation or air conditioning must be provided for all homes so that windows and doors may remain closed for the required acoustical insulation. 3. Acoustic baffles should be installed on the interior side of gable vents that face (or partially face) North Figarden Avenue in homes to be located within the future 65 dB DNL contour shown by Figure 1 of this report. An example of a suitable attic vent baffle is shown by Appendix B. 4. Exterior doors, excluding glass doors, should be solid-core wood or insulated steel with perimeter weather-stripping and threshold seals. The conclusions and recommendations of this acoustical analysis are based upon the best information known to Brown-Buntin Associates, Inc. at the time the analysis was prepared concerning the proposed site plan, project grading, projected future traffic volumes, vehicle speeds, truck mix and roadway configuration. Any significant changes in these factors will require a reevaluation of the findings of this report. Additionally, any significant future changes in motor vehicle technology, noise regulations or other factors beyond BBA's control may result in long-term noise results different from those described by this analysis. Respectfully submitted, Robert E. Brown President REB:dm 0"81(Fiwudw R GHes.Fmsm)I I-M5.dw 7 _ APPENDIX A 03-0BI(Figmdm A Gmea,Fmm)11.9-05.&c 8 APPENDIX B EXAMPLE OF ATTIC VENT BAFFLE CONSTRUCTION Wall >< Acoustically _� Q Lined Baffle < Vent Opening Opening should be large enough to provide adequate ventilation as required by building code 05-0N1(Figaden&Grtc%,Fr=o)11-9-05.dm - Kevin R•abino- Fig 10001 Mpg Page SALINAS 4 :� • a i Y I ■ i ani ] i a i � r r { a l a r ■ 7y ' f ■ �' LOBINGIRAVE a i .�■ ■ ■ a � ■ r 'A a I i� � r !; ■"} iy I. Y �' BRUNSWICK AVE II ■ W i a 1 2 f out I a , r „ rn I! ;M1q a a a i ■ i i; . i , `k 'i� r �_ _! a .9 :� ■ I VERDONEAVE. 1i r '' iaiai - b it r ° I Y l e l I _� ■ I a l l a Ott ■ I f I , 'pB/ ti I r I a j 1 r'I r I r ! I ■ �I GATES AVE. BBA Figure 1: Project Site Plan and Future Noise Exposure ''""'j'1 BROWN-BUNTtN . A370CI A tf S. INC NOTICE OF DETERP"'NATION )E20061000036A � ATVRE rtu rig iv TO: — Office of Planning and Research FROM: CITY OF FRESNO L_ 1400 Tenth Street, Room 121 Planning and Development Dept. LU) Sacramento,CA 95814 2600 Fresno St.,Rm.3043 Fresno,CA 93721-3604 AUG 041 2006 X County Clerk County of Fresno ---7/7 n Rf*SNQ N, �r C[-ER 2221 Kern Street ffyJ, Fresno,CA 93721 DEPUTY SUBJECT: Filing of Notice of Determination in compliance with Section 21152 of the Public Resources Code. PROJECT TITLE : City of Fresno Environmental Assessment No. A-05-017/R-05-115/T-5649/C-05-295, prepared for Vesting Tentative Map No. T-5649/UGM and Conditional Use Permit No. C-05-295. City of Fresno Planning and Development Department N/A Kevin Fabino, Planner (559) 621-8046 STATE CLEARINGHOUSE NUMBER LEAD AGENCY CONTACT PERSON AREA CODEITELEPHONE (IF SUBJECT TO CLEARINGHOUSE) PROJECT LOCATION: The approximately 16.2-acres subject property is located on the south side of North Figarden Drive between North Salinas and North Gates Avenues, in the City of Fresno, Fresno County. PROJECT DESCRIPTION: Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295 has been filed by Mid-Valley Engineering, on behalf of D.R. Horton. These applications pertain to approximately 16.2- acres of property located on the south side of North Figarden Drive between North Salinas and North Gates Avenues. Vesting Tentative Tract Map No. 5649/UGM is a request to subdivide the 16.2-acre subject property into a 141-lot clustered, single family residential planned development, installation of related facilities and infrastructure, and is consistent with the medium density residential planned land use designation (4.99-10.37 Dwelling Unit/Acre). Conditional Use Permit Application No. C-05-295 proposes a clustered residential development that will modify the R-1 zone district property development standards to allow for reduced size lot and yard requirements, gated entries, common open space areas and private roads. The property is within the boundaries of, and consistent with the 2025 Fresno General Plan and Bullard Community Plan area. This is to advise that the City of Fresno, Planning Commission, the Lead Agency, has approved the above-described project on August 2. 2006 and has made the following determinations regarding this project: 1. The project [ ] will [ X] will not have a significant effect on the environment. _ 2. [ ] An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. [X] A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. [] A determination of project conformity to the 2025 Fresno General Plan Master Environmental Impact Report (City of Fresno MEIR No. 10130/SCH No. 2001071097) was made. 3. Mitigation measures [X]were 0 were not made a condition of the approval of the project as related to MEIR No. 10130. 4. A statement of Overriding Considerations [ ] was [X]was not adopted for this project. 5. Findings [ ] were [X] were not made pursuant to the provisions of CEQA. This is to certify that the above-described Mitigated Negative Declaration, with comments, responses and record of project approval is available to the general public at the City of Fresno Planning & Development Department, 2600 Fresno Street, Room 3043, Fresno, Californ' 93721-3604. 1 n Ike Sanchez`Su ervising Planner Date Planning ManagEI' City of Fresno Attachments: De Minimis Finding Project Vicinity Map Environmental Assessment No.A-05-017/R-05-115lr-5649/C-05-295, Mitigated Negative Declaration,date June 22,2006 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION DE MINIMIS IMPACT FINDING for CITY OF FRESNO ENVIRONMENTAL ASSESSMENT No. A-05-017/R-05-115/T-5649/C-05-295 LEAD AGENCY: City of Fresno, Planning and Development Department, 2600 Fresno Street, Fresno, California 93721 PROJECT TITLE AND LOCATION: Vesting Tentative Tract Map No. 5649/UGM, Conditional Use Permit No. C-05-295 and Environmental Assessment No. A-05-017/R-05-115!7-5649/C-05-295. The approximately 16.2-acres subject property is located on the south side of North Figarden Drive between North Salinas and North Gates Avenues, in the City of Fresno, Fresno County. PROJECT DESCRIPTION: Vesting Tentative Tract Map No. 5649/UGM and Conditional Use Permit No. C-05-295 has been filed by Mid-Valley Engineering, on behalf of D.R. Horton. These applications pertain to approximately 16.2-acres of property located on the south side of North Figarden Drive between North Salinas and North Gates Avenues. Vesting Tentative Tract Map No. 5649/UGM is a request to subdivide the 16.2-acre subject property into a 141-lot clustered, single family residential planned development, installation of related facilities and infrastructure, and is consistent with the medium density residential planned land use designation (4.99-10.37 Dwelling Unit/Acre). Conditional Use Permit Application No. C-05-295 proposes a clustered residential development that will modify the R-1 zone district property development standards to allow for reduced size lot and yard requirements, gated entries, common open space areas and private roads. The property is within the boundaries of, and consistent with the 2025 Fresno General Plan and Bullard Community Plan area. FINDING OF EXEMPTION: Pursuant to the above-noted environmental assessment, Mitigated Negative Declaration, dated June 22, 2006, has been prepared by the lead agency for the proposed project. There is no evidence in the record that the proposed project may have an adverse effect on sensitive-or listed vegetation, presence_ of any listed wildlife species, and no surface water features. "I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.4 of the Fish and Game Code." Mike Sanche„ Supervising Planner Advance Planning Division Date: August 4, 2006 Section 711.4, Fish and Game Code `-_ CITY OF FRESNO ..dTIGATED NEGATIVE DECLARATION E200610000364 Initial Study is on file in the Planning and Environmental FJ'N12 Development Department, City Hall Assessment Number: — 2600 Fresno Street, Fresno, Califomia 93721 A-05-017/R-05-115/ 20°b2 P14 2: 39 559) 621-8277 T-5649/C-05-295 Assessors Parcel Y CLERr<Q{, ;E; 0 $Fj APPLICANT: D.R. Horton, Inc. _ ;.� 2350 W. Shaw #142 Numbers: Fresno, CA 93711 APN's 509-020-14s, 18, 1?9,rF )rRE6fi1Nr`h>'ttft °`" By Filed with: PROJECT DESCRIPTION AND LOCATION: Plan Amendment Application No. REBECCA E. KLISCH, City A-05-017, Rezone Application No. R-05-115, Vesting Tentative Tract Map No. Clerk 5649 and Conditional Use Permit No. C-05-295 pertain to approximately 16.2 acres of property located on the south side of North Fig Garden Drive between 2nd Floor- City Hall North Salinas Avenue and North Gates Avenue. The plan amendment 2600 Fresno Street application requests a change in the 2025 Fresno General Plan and the Bullard Fresno, California 93721-3603 Community Plan to re-designate the subject property from the dual designation of Public Facilities Middle School/Office Commercial planned land use to the medium density residential land use designation. The related rezone application would re-designate the site from the C-P/BA-20/UGM (Administrative and Professional Office/Boulevard Area Overlay-20 feet/Urban Growth Management) zone district to the R-1/BA-20/UGM (Single Family ResidentiaUBoulevard Area Overlay-20 feet/Urban Growth Management) zone district. Related Vesting Tentative Tract Map No. 5649 proposes to create 141 single family residential lots. Conditional Use Permit No. C-05-295 is proposing a "clustered" development that will incorporate reduced lot sizes and building setbacks, gated entries, common areas and private roads. The proposed project has been evaluated with respect to each item on the attached environmental checklist. This completed checklist reflects comments of any applicable responsible agencies and research and analysis conducted to examine the interrelationship between the proposed project .and the physical environment. The information contained in the Environmental Assessment Application, the checklist, and any attachments to the checklist, combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. Any rating of "2" on the checklist indicates that a specific adverse environmental effect has been identified in a category which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project or may be related to the design and characteristics of the individual project. Effects rated in this manner are not sufficient in themselves to require the preparation of an Environmental Impact Report and/or have been mitigated to the extent feasible. All new development activity and many non-physical projects contribute directly or indirectly toward a cumulative impact on the physical environment. The incremental effect contributed by this project toward such a cumulative. effect is not considered substantial in itself. The proposed project is not expected to result in,any significant adverse effects in terms of the factors considered on the environmental checklist, including any such factors for which minor effects have been identified. Cumulative effects of a significant nature are also not expected. The proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is therefore made that the proposed project will clearly not have a significant adverse effect on the environment. This Mitigated Negative Declaration will be deemed final and effective if no appeal is filed in the manner specified by Section 12-505 of the Fresno Municipal Code. INITIAL STUDY PREPARED BY: Jeff Sorensen SUBMITTED BY: Principal Planner Darrell Unruh, Planning Man er PRA, Inc. PLANNING AND DEVELOPMENT DEPARTMENT DATE: June 22, 2006 x M ENVIRONMENTAL ASSESSMENT (EA) UHtL;KI-IS I -OT ENTIAL ENVIRONMENTAL EFFF TS EA NO. A-05-117/R-05-115/T--564y 1.0 TOPOGRAPHIC.SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1Availability of fire protection 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 QUALITY 1 11.7 Availability of storm water drainage facilities(on or 2 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction. 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous 3_0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste 1 3.4 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 13.0' AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0` HISTORICAL/ARCHAEOLOGICAL .5^0 ANIMAL LIFE 1 14.1 Removal of historic building, disruption of 1 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat - historic site 6.0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 . NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 2 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy 8.0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect. "0"_.,._Insufficient.Information residential areas 1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the potential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 2 9.1 Incompatibility with adopted plans and policies "1" No significant Environmental Effect 1 9.2 Acceleration of growth rate 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. 2 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 10,8 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. 10