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HomeMy WebLinkAboutT-5669 - Conditions of Approval - 9/1/2006 c'"°' REPORT TO THE PLANNING COMMISSION IX—B FRESNO AGENDA ITEM NO. COMMISSION MEETING 08/02/06 August 2, 2006 ROVED BY FROM: STAFF, Planning Division . Planning and Development Department DEPARTME RECTOR SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-06-16, VESTING TENTATIVE TRACT MAP NO. 5669 AND CONDITIONAL USE PERMIT APPLICATION NO. C-06-59 AND ENVIRONMENTAL ASSESSMENT NO. R-06-16/T- 5669/C-06-59 EXECUTIVE SUMMARY Harbour& Associates, on behalf of 2M Development, has filed Rezone Application No. R-06-16, Vesting Tentative Tract Map No. 5669, and Conditional Use Permit Application No. C-06-59 pertaining to approximately 3.4 net acres of property located on the north side of East Harvey between North Peach and North Villa Avenues. Rezone Application No. R-06-016 proposes to reclassify the subject property from the AE-5 (Exclusive Five Acre Agriculturao zone district to the R-1 (Single Family Residential) zone district. Vesting Tentative Tract Map No. 5669 proposes to subdivide the property into a 22 lot, single family residential subdivision with one remainder parcel. Conditional Use Permit (CUP) Application No. C-06-59 proposes a planned development which includes reduced lot sizes and setbacks and increased lot coverage for the 22 lots. The subject property is located within the jurisdiction of the Roosevelt Community Plan and the 2025 Fresno General Plan both of which designate the subject site for medium density residential planned land uses which according to the land use consistency table allows 4.99 to 10.37 units per acre. Overall, the proposed subdivision density is 6.47 units per acre. The applications would bring the subject property into conformance with the 2025 Fresno General Plan and the Roosevelt Community Plan. PROJECT INFORMATION PROJECT A 22 lot, single family residential subdivision to be developed at an overall density of 5.85 units per acre APPLICANT Harbour Associates on behalf of the 2M Development LOCATION North side of East Harvey Avenue between North Peach and North Villa Avenues (Council District 4, Councilmember Westerlund) SITE SIZE Approximately 3.4 acres LAND USE Existing - Single family home Proposed - Single family residential ZONING Existing - AE-5 (Exclusive Five Acre Agricultural) Proposed- R-1 (Single Family Residential) PLAN DESIGNATION The proposed R-1 zone district and 22 lot single family residential AND CONSISTENCY subdivision are consistent with the 2025 Fresno General Plan and the Roosevelt Community Plan designation of the site for medium density residential planned land uses REPORT TO THE PLANNING COMMISSION Rezone Application No. R-06-16 Tentative Tract Map No. 5669 Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 2 ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) dated June 8, 2006 PLAN COMMITTEE The subject property is located within the boundaries of the RECOMMENDATION Roosevelt Community Plan. The Roosevelt Implementation Advisory Committee considered and recommended approval of the proposed project at its meeting on May 8, 2006 subject to recommendations identified below STAFF Recommend approval of the rezone application to the City Council RECOMMENDATION and approve the vesting tentative tract map and conditional use permit application subject to compliance with the Conditions of Approval for T-5669 dated August 2, 2006 and Conditions of Approval for C-06-59 dated August 2, 2006 BORDERING PROPERTY INFORMATION Planned Land Existing Zoning Existing Land Use Use North Medium-Low Density R-1-C (Fresno County) Single family residential Residential Single Family Residential subdivision Medium-Low Density R-1-C Single family residence & South Residential/State Route 180 Single Family Residential State Route 180 Off-Ramp East Medium-Low Density R-1-C(Fresno County) Single family residential Residential Single Family Residential subdivision West Medium-High R-2 Multiple family residential Density Residential Low Density Multiple Family Residential complex ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Roosevelt Community Plan area including the Master Environmental Impact Report (MEIR No. 10130) for the 2025 Fresno General Plan. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-06-16 Tentative Tract Map No. 5669 Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 3 The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of the Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated June 8, 2006, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on June 8, 2006, with no comments received to date. BACKGROUND / ANALYSIS Harbour & Associates, on behalf of the 2M Development, has filed Rezone Application No. R-06-16, Vesting Tentative Tract Map No. 5669, and Conditional Use Permit Application No. (CUP) C-06-59 pertaining to approximately 3.4 net acres of property located on the north side of East Harvey Avenue —between North Peach and North Villa Avenues. The rezone application proposes to reclassify the subject property from the AE-5 (Exclusive Five Acre AgriculturaQ zone district to the R-1 (Single Family ResidentiaQ zone district, while the vesting tentative tract map proposes to subdivide the property into a 22 lot, single family residential subdivision with one remainder parcel. The remainder parcel will allow the current property owner to retain their existing home. Conditional Use Permit Application C-06-59 proposes a planned development, which includes reduced lot sizes and setbacks and increased lot coverage for the 22 lot subdivision. The subject property is located within the jurisdiction of the Roosevelt Community Plan and the 2025 Fresno General Plan, both of which designate the subject site for medium density residential planned land uses which according to the land use consistency table allows 4.99 to 10.37 units per acre. Overall, the proposed subdivision density is 6.47 units per acre. As depicted on the proposed vesting tentative tract map (see Exhibit A) and the 2005 aerial photograph (attached), the site contains one on-site water basin. In a report by Central Valley Testing Inc., dated May 22, 2006, it was determined that the basin did not contain any endangered species and does not meet the criteria for wetlands preservation. This determination was made given that the basin was excavated in the early 1950's for recreational purposes by the property owner and drained in the 1960's and has not been used since that time. Roosevelt Community Plan Implementation Advisory Committee The subject property is located within the boundaries of the Roosevelt Community Plan. The Roosevelt Community Plan Implementation Advisory Committee considered and recommended approval of the proposed project at its meeting on May 8, 2006. Similar to other projects in the Roosevelt Plan Area, the Committee recommended that there be no roof mounted air-conditioning units within the subdivision. In addition, the Committee recommended that one parcel along East Clay Avenue be removed which would be more in character with the parcels immediately to the north,,which are approximately 9,147 square feet in area. Furthermore, the Committee stated that the larger parcels would provide a buffer to the parcels to the north which because of their configuration, are not likely to be redeveloped with smaller parcels in the immediate future. It is noted that the applicant is proposing 4,500 square foot parcels along East Clay Avenue which are smaller in size to conventional single family residential parcels which are typically 6,000 square feet in area. The Committee stated that the reduction in one parcel would allow the remaining parcels to increase in size resulting in a total of five parcels along this street rather than six as proposed. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-06-16 Tentative Tract Map No. 5669 Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 4 Conditional Use Permit Application (CUP) In addition to submitting a vesting tentative tract map and rezone application, the applicant has also submitted CUP Application No. C-06-59 for the subject property. According to Section 12-306-N-21 of the FMC, a CUP is required in order to create a planned development. As part of the CUP, an applicant may request a modification of development standards, including lot size, setbacks and yard areas. The applicant is proposing a planned development for all 22 lots. The proposed lots will range between 4,500 square feet to approximately 8,908 square feet, while the average lot size is approximately 5,000 square feet. Thus, some parcels are relatively small in comparison to single family residential lots found in conventional subdivisions, however, several of the proposed parcels meet and or exceed traditional standards. As a result, the applicant is also proposing reduced yards, which include 15-foot front yard setbacks, rather than 20-feet, and varying side yard setbacks (see Exhibit B of CUP Application No. C-06-59 site plan dated April 19, 2006). It is noted that the greater of the two side yards will be located proximate to the garage, thus residents will have ample space to maneuver refuse and recycle containers. The CUP for this project (i.e. the smaller lots) implements several of the goals of the 2025 Fresno General Plan. One of these goals, Goal Number 5 of the 2025 Fresno General Plan states that the city supports the "Landscape of Choice-Principles and Strategies" as defined in Appendix A. Appendix A of the 2025 Fresno General Plan provides guiding principles for the Land Use Element of the 2025 Fresno General Plan by promoting development that utilizes urban land use as efficiently as possible. One such objective, Land Use/Residential Objective C-10, is aimed at "Promot[ing] the development of more compact, pedestrian friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and material." Since this project allows for the development of more compact single family residences, it will help to accomplish this objective. Subdivision Design/Streets and Access Points This subdivision is proposed to have one local street access point from North Villa Avenue. The Public Works Department Transportation Planning Section has reviewed the rezone and conditional use permit applications and vesting tentative tract map 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 improvements of East Clay, East Harvey and North Villa Avenues. Landscaping/Common Open Space Given that the proposed subdivision abuts local streets, the development will not be required to install major street landscaping that is common along the majority of.4subdivisions. Furthermore, the subject site is located within the Roosevelt Community Plan which requires that new single family residential subdivisions provide at least five percent of their total project area to be developed for public or private open space within the areas bounded by Jensen Avenue to the south, Peach Avenue to the west, California Avenue to the north and Temperance Avenue to the east. In addition, any single family residential development located outside of the above-noted boundaries that exceeds eight acres in total project area shall be required to develop at least five prevent of the total project area for public or private open space. The proposed subdivision does not fall within the parameters of open space as identified above, thus open space within the boundaries of the map is not required. However, it is noted the subject site is located less then one-quarter mile from a planned neighborhood park and is within 300 feet of Turner Elementary School located to the west. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-06-16 Tentative Tract Map No. 5669 Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 5 Given that the subject parcel is relatively small (3.4 net acres), staff is not requiring that the applicant dedicate park space simply because any dedicated open space would be of a size and location that would make it impractical for public use. As a result, staff will require the applicant pay applicable parks fees Lot Area and Dimensions Lots within planned developments may have modified lot widths, depths and areas. The proposed lots are between 28 and 72 feet in width and 100 and 120 feet in depth. Although the lots for the planned development are smaller in area in comparison to standard single family residential lots, the site as a whole is intended to achieve a more compact, pedestrian friendly neighborhood. _ Setbacks , The applicant is proposing 15 foot front yards, rather than the conventional 20 feet. By doing so, the garages will be recessed from the front of the home which will allow the living area of the home to be prominent along the streetscape, rather than the garage. However, staff has conditioned that the front yard setback for those lots that front on East Clay Avenue (Lots 17 thru 22) have a 20 foot front yard setback to habitable living area thereby conforming to the prevailing block setback established by the existing neighborhood. Furthermore, the applicant is proposing six foot and four foot side yards with the greater setback adjacent to the garage. The applicant is also proposing 10 to 20 foot rear yards as depicted on Exhibit B of CUP No. C-06-59 dated April 19, 2006. Public Services Sewage Collection System Capacity The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis Regional Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity was expanded to accommodate up to 80 million gallons per day, and was upgraded with modernized equipment to safeguard against equipment failures. However, in an attempt to serve the anticipated 790,000 metropolitan area population for the year 2025, one or more sub-regional treatment and reclamation facilities will be required. Regardless, sanitary sewer service is available to serve the site, subject to the mitigation measures imposed with the environmental assessment, and any necessary sewer main extensions and connections. Fire Protection Services Fire service will be provided by City of Fresno Fire Station No. 1, within three miles of the subject property. Circulation Element Plan Policies and Major Street System Traffic Capacity The 2025 Fresno General Plan designates East Clay, East Harvey and North Villa Avenues as local streets. Improvements to all three local streets will require construction of concrete, curb, gutter, sidewalk and permanent paving within the limits of the tract; missing sidewalk along the abutting remainder parcel for health and safety purposes; and construction of an underground street lighting system. Furthermore, the project will be required to pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) set forth in the latest edition of the ITE Generation REPORT TO THE PLANNING COMMISSION Rezone Application No. R-06-16 Tentative Tract Map No. 5669 Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 6 Manual. These street improvements are outlined in more detail in the Vesting Tentative Tract Map No. 5669, Conditions of Approval, dated August 2, 2006. State Department of Transportation (Caltrans) Caltrans submitted comments on this project on April 24, 2006 (see attached letter). As the application for this project came in after the February 23, 2006 Caltrans/City of Fresno interim agreement and this project is expected to have less than 100 peak hour trips, this project was not required to prepare a traffic impact study. Additionally, staff has considered Caltrans comments and determined that this project is not expected to cause additional significant or cumulatively significant impacts that were not identified in MEIR No. 10130. Therefore, staff has not imposed any new mitigation on this project. - Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No. C-06-59 proposes the development of a 22 unit single family residential planned development on the subject property. The project will provide reduced lot sizes and reduced setbacks and increased lot coverage. 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 FMC can be made. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features;and, Finding a: Conditional Use Permit Application No. C-06-59 will comply with all applicable codes, including parking, landscaping, etc., given that the special conditions of project approval will ensure that all conditions are met. Because some of the proposed parcels are slightly a , smaller in area in comparison to conventional subdivision lots less maintenance requirement `. should result. r, 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 The Public Works, Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic y ,r � and the surrounding community, subject to the applicant dedicating and improving the streets proximate to the subject property. 7777777777 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 site has been used for single family residential uses. With the adoption of the 2025 Fresno General Plan, the city analyzed the impacts of converting larger rural residential land into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing, growth, employment opportunities, etc. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-06-16 Tentative Tract Map No. 5669 Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 7 Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§ 66400, of seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan and Roosevelt Community Plan which designate the site for medium density residential planned land uses and the project design meets the density and zoning ordinance criteria for development in this plan designation. In addition, the applicant will be required to construct improvements that will benefit the proposed neighborhood. 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. Furthermore, the applicant will be required to improve adjacent public streets, including installing concrete curb, gutter and sidewalks, thus, improving the flow of pedestrian traffic in the area. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because of the area is not known to contain any unique or endangered species. Although a small portion of the site is developed with a single family residential uses, during the 2025 Fresno General Plan update, the city analyzed the impacts of converting rural residential land into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing, growth, employment opportunities, etc. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. ; 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the 2025 Fresno General Plan and the Roosevelt Community Plan, complies with applicable zoning, subdivision, and UGM requirements. 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. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-06-16 Tentative Tract Map No. 5669 Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 8 Planning Commission action of the proposed tentative tract map, unless appealed to the Council, is final. CONCLUSION/ RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Roosevelt Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Rezone Application No. R-06-16, Vesting Tentative Tract Map No. 5669 and Conditional Use Permit Application No. C-06-59 are appropriate for the project site, subject to the conditions listed below. Therefore, staff recommends that the Planning Commission: 1. RECOMMEND APPROVAL to the City Council of the environmental finding for Environmental Assessment No. R-06-16/T-5669/C-06-59 dated June 8, 2006 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-06-16 to reclassify the subject property from the AE-5 (Exclusive Five Acre AgriculturaQ zone district to the R-1 (Single Family Residential) zone district. 3. APPROVE Vesting Tentative Tract Map No. 5669 subject to compliance with the Conditions of Approval dated August 2, 2006. 4. APPROVE Conditional Use Permit Application No. C-06-59 subject to compliance with Conditions of Approval dated August 2, 2006. Attachments: Vicinity Map 2005 Aerial Photograph of Site Exhibit A, Proposed Vesting Tentative Tract Map No. 5669 dated April 19, 2006 Exhibit B, Proposed site plan for CUP Application No. C-06-59 dated April 19, 2006 Exhibits C-1 thru C-6, Proposed building elevations Exhibit D, Letter from Caltrans dated April 24, 2006 Exhibit E, Letter from Central Valley Testing, Inc., dated May 22, 2006 Conditions of Approval for T-5669 dated August 2, 2006 Conditions of Approval for CUP Application No. C-06-59 dated August 2, 2006 Environmental Assessment No. R-06-16/T- 5669/C406-59 dated June 8, 2006 KAMaster Files-Tract Maps\Tract 5637 Paul Bernal R-06-09,C-06-27\Planning Commission Report 6-28-06\Planning Commission Report 6-28-06.doc -e-1 \ 1 1 I o f t I J t I I I R..� 1 1 R- ---------------------------------QLWE............... .-----•—•--------.._..-------•----QLWE-••—•---._.._..— ----------•-----------------•—.----. 1 R-3 WEBSTER x h m .._.._.._.. ount�r ---.._.._.._.. ............................. city ci Al TYLER AE-5 R-2 LEWIS o r......------------------•--- 4RV� •-----•------ o O HARVEY ul 1 0 J THOMAS LL11 THOMAS J m a LEGEND Subject Property VICINITY - PLANNING & DEVELOPMENT VESTING TENTATIVE MAP OF TRACT NO. 5669/UGM " DEPARTMENT REZONE APPLICATION NO. 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SfflBf w la.latl apa� r< - ; w SNOUVA3�3 U01831X3 SEM 'ON NV�d ui < Z 0 `�a�yiy J¢F�j<�3�3 a7g8 363 3. ;�• � 9� s ■� s 5 I wo ium - 84 «� 0 ■s ` ( zt0 x aw I, < I ka W G v� f T iF 2y 'r { W' El RaRk 1 I I 1 (L J1 -Tm 3 I I w 3 � LU LU z yt e 1 w r m O I I ~ 1 1 1 1 1 El a � 1 qI 1 w <� - 1 - ,STATE.CF CALIFORNIA—BUSINESS.TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER.Governor DEPARTMENT OF TRANSPORTATION D 1352 WEST OLIVE AVENUE Exhibit t P. O. BOX 12616 FRESNO, CA 93778-2616 . PHONE (559)445-6666 �J 1 l') Flex your power! FAX (559)488-4088 �� Be energy efficient! TTY (559)488-4066 April 24, 2006 r,'t r 213 1-IGR/CEQA 6-FRE-180-62.6+/- C-06-059, R-06-016 &T-5669 2M DEVELOPMENT Mr. Paul Bernal City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Bernal: "- We have reviewed the application for the 22-lot single-family residential development proposed for the northwest comer of North Villa and East Harvey Avenues. Caltrans has the following comments: We do not anticipate thata project of this size will create significant traffic impacts to the State Highway System. It is difficult to tell from the information provided how close this project is to the new Freeway 180 alignment. It appears that there is another residential street intervening,but, if this project is close enough to the Freeway for noise to become an issue, future noise abatement will be the responsibility of either the developer or the City. 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. 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 contact me at(559)445-6666. x Sincerely, MOSES STITES 1 Office of Transportation Planning District 6;; Enclosure - C: Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" ATTACHMENT NUMBER 1 CALTRANS RECOMMENDATIONS FOR TRANSPORTATION ALTERNATIVES: Ongoing development throughout the City of Fresno, including this project,will make traffic operations significantly worse by adding considerably to delay and congestion. Transit alternatives can help reduce congestion and delay and reduce overall degradation of air quality and gridlocked intersections. The City of Fresno should focus on ways to eliminate trips in addition to enhancing capacity. Transportation alternatives the City should consider include standard highway solutions along with the following: 1. Park and ride facilities on site or within the proximity of this project. 2. A study of the general accommodation and provision of mass transit in this area to provide insight on ways of increasing transit usage. 3. Exploring the potential of commuter shuttles. The shuttle could be financed through an assessment district and provide a way for individuals to utilize a park-and-ride facility or commercial area parking lot and be shuttled to various commercial/office centers within the area. Commuters who need to go further could use City of Fresno transit if the City planned for convenient connections. This may help to reduce the Single Occupancy Vehicle (SOV) demand seeking to use the.State Highway System. 4. Providing for continuity of non-motorized transportation. 5. Exploring the potential for employer-sponsored carpools/vanpools or monthly transit passes for employees as well as including as a condition of project approval a covered transit stop as mitigation for project-related impacts to the transportation/circulation system. 6. Exploring the potential for linking the purchase of a monthly transit pass with new residential development as partial mitigation for congestion and air quality impacts, and to ensure the long term viability of public transportation. - -----•-- I MUL-M wcrnnwin I-Aht F71/UJ CENTRA►�L. VA►,LLEY TESTING, Inc. materials Msetng and inspection ac-om sons and en.ironmeaW in May 22, 2006 Exhibit E Mr. GaryMasoA C/o California Realtors - ,Fresno. C!1 Project: Report No. 05-3009 5287 East Harvey Avenue 3.76 Acres Fresno, CaRfotnia Re: Man-made Pond Dear Mr. Mason, As per our conversation regarding the pond located on the subject property, we can conclude the following. Based on the research during the preparation of.our Phase T Environmental Site Assessment completed for the subject property,we can conclude the pond was excavated in the early .1950's for recreation purposes and was drained in the 1960's and had not been used since that time. The subject property is not listed in the Wetlands Database which would also include vernal pools. Wetland Sites are located within a one-mile radius of the subject property,with the closest being approximatelv '/mile to the eagt An oL, ;,;e;., 1.,... _ ..L , �.uwulg the wetlands is atiached to this report. We trust this information will satisfy your current meed,,. if you need any further information,please do not hesitate to phone our office at 559-264-2224. P.O. Box 2669,Visalia..CA,93279-2669•(559)732-3039•(559)264-2224 Fax#(559)732-8141 rr. aai 4Vvv Vf4f J:J70LLOf L.7 1-'HUL$4 WLYMW I H - PAUE 02/03 5287 East 1-lnrvey AYenue Fremo CA Aeport No.05-3009 Men-Made Pond F.xplenation Mr.Guy Mason Respectfully submitted, Ceiltral Valley Testing, Inc. 4E�trIS MY,F,9� F.4,SId � ifcgIL nw's�p, t 1� #15072 �1 1M 22213 a ,� ,� • E5�.1ZJ31R001 �°a X-E.eooQ�' T'f OF CAt1rr`r' DaJe H. Wimp Dennis R. Myers Principle Civil Engineer Certified Environmental Specialist RCE 23273 CES 15072 Page 2 of 2 PO Bqx..2669,Visalia,CA 93279 = (559)7-32-3039 ,w (559) 264-2224 Fax #(559) 732-8141 c,r_rr iir »7bLLtlILd PAULA WEYMOUTH PAGE 03/03 tvvo Or;t7/ OVERVIEW MAP- 1537678.2s - Central Valley Testing n, ay Ell, `' i K .�/, ,r',�./,ori •// %; % ,r/��/.:1' _ r. 9 _ _ .''. ; L., "-. L.,�.�.r_' _ .,, .; y,r r �1: !'':'" ----=�'-'!.-�;p ,A.1,. A.t4 _-_•-_:::�= 44 x164 '.! _�_ .1_.�r�rrl'r'�r!•L��.0-,`t�';*,/�' J` ��'/.' !`lJ,r i':,�• K r, t•i J`,-�%f/lr' LZ ' r r' •� j J / i r'/.•'• t M.�JJ.' /%%,.}••'♦ �/ rte• -f.�..�,�/.�,•/ •J�/-, j , / J ;' .' .fl:! ��'% , %' ,/�'Jr,! i, � /`•; y-> � ,rlf j r !/ / !/� ! '�!f,i //;f,',., .•'fir•', './ i � i ' - r if,`/'r /' / %J�'jri j ' � '!`- �!\�_,.J� �J ,`,�//j //:'/ % /J •'f / / ' !•J' i /' �,: / ' ./%.`,�' / I •• j',,• ! i% � < % / r/ � iiia�///r'/! �/%/,�` '� •/;.•" a r.j r,r./.• '.Y ''w`'/r ''!, r.,%i -y �' f -�{ ! •�' ,f/� /,/J' f /j �l�;�Yt' •.: ,-i /' �'. /;'�, / ! //�/. I i. �' - ♦ % / 'r /�' •- !!, / f i` /�/'�`V% .l j /J f r T/ %tom/ f`y i� / //�f �f `,/'' !y'�'.rJ,-1 ,,�., i '.�:r .L.� _.,/'}'. r /�/�' / ! .', —�-�•, r is`'i/ �f' '•' './� /�:r ! r.,/i /' / -j !''. /,,f /1 'r ,/ /• f � / f/r/ 'J/ �•!/ /f rrr ''r �•�fJ'!'/�'' C/J t,' 1`r/ _ t u L R r a r !f 0 114 to r wMe. P Target Property A Sites at slavations higher then or equal to the target property f Indian Reservations BIA > Areas of Concern • Sites at elevatlons lower than �'�r Power xansmission Ones the tarpot property �( Oil dr Gas pipelines Cael Gasification Sacs El tOD-year hood zone National Priority List Sites rr�� 50 Landfill Sites 0 year flood:one� rl� P Federal Wetlands Dept.Defense Sites TARGET PROPERTY: APN 456-100-04 CUSTOMER; Central Valley Testing ADDRESS: 5287 East Harvey Avenue CONTACT: Denis CITYtSTATE ZIP: Fresno CA 93727 INQU IRY fit- 1537678.25 LAT/LONG: 36.75521 119.7147 DATE: October 21,2005 2:00 pm Copynphl 01006 iOR,Ina o 2004 GOT.awe,nti n7rm"."Wahts Rommil. City of Ir Flk Via VA1j;F7 AGENDA ITEM NO. IX-B COMMISSION MEETING 08/02/06 PUBLIC WORKS DEPARTMENT DATE: August 2, 2006 REVISED TO: PAUL BERNAL, Planner III Planning and Development Department FROM: JOE PAFF, Engineering Technician Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5669 AND COMMUNITY FACILITIES DISTRICT The Conditions of Approval for Vesting Tentative Tract 5669 shall include the following language to ensure that ongoing perpetual maintenance of the works of improvement described herein are the sole responsibility of the Subdivider and shall not be the responsibility of the City. As may be described below, the Subdivider may shift his/her/its responsibility for maintenance of these items to future owners of the subject parcels of the proposed tentative tract map provided the Subdivider complies with the provisions described in this memorandum. 1.The Subdivider shall be responsible for ongoing maintenance of the following items: ■ Maintenance of all Landscaping, Irrigation Systems and Trail facilities as approved by the Public Works Department within any landscaping easements, public trails or public open space easements designated for this tentative map.The CFD may NOT be used to maintain any portion of residential front yards. This includes the landscape easements within lots 1, 16 and the remainder property. • Maintenance of all local street: Landscaping, Pavement, Curbs, Gutters, Sidewalks, Medians and Street Furniture as approved by the Public Works Department within the boundary of the tentative map. Maintenance of 1/z of Harvey, Clay and Villa Avenues where they front the tentative map. • Maintenance and operating costs of all local street Street Lights as approved by the Public Works Department within the boundary of the tentative map. • Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. All trees planted shall be certified as planted to City standards and specifications by a registered landscape architect with written certification submitted to the City's Construction Management Division. f w 2. The City shall not accept ownership of property for landscaping,trails and open spaces. These will be accepted only as easements or in a form acceptable to the City Engineer. 3. The Subdivider may elect and the Council may decide to have the above listed maintenance responsibilities become the responsibility of a Community Facilities District ("CFD"). If the Subdivider elects to petition the Council to include the above listed maintenance responsibilities in a CFD,the selection of which CFD (including the creation of a new CFD) shall be the responsibility of the Public Works Director or his/her designee. If the Council or changes to existing codes prevent annexation to a CFD,the HOA requirement of item 4 is required. 4. 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. 5. The Subdivider shall utilize the following design criteria for the construction of internal streets within the development: • The minimum pavement structural section shall be 2.5" of asphalt concrete over 4" of base rock placed on compacted subgrade per City standards. Additional structural section thicknesses may be required based on the geotechnical analysis of the sub-soils. The placement and timing of the AC lifts shall be approved by the Public Works Director. The intent of this requirement is to provide a 20 year life of the street. • The City, at the developers cost, shall have the final streets, curbs, gutters and sidewalks certified by a registered civil engineer stating that the constructed improvements meet or exceed the approved structural section design. This will include taking core samples at a frequency and location determined by the Public Works Director. At the discretion of the Public Works Director, additional testing shall be performed to determine the remaining useful life of the pavement. In the event the testing reveals that the remaining useful life of the street is less than 20 years, the developer shall be required to take the necessary actions to increase the useful life. • Developer warrantees the streets, curbs, gutters and sidewalks for a period of three years after acceptance and secures the warrantee with a performance bond in an amount approved by the Public Works Director. 5. Construction plans for all features to be maintained by a CFD for a final map shall be included with the request for CFD annexation to be submitted to the Development Department for processing. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. Quantities for all interior: street paving, curbs, gutters, sidewalks, streetlights, street trees and street signs will be submitted with the CFD annexation request letter. Contact Ann Lillie at 621-8690 for data requirements. Any change affecting the Items in these conditions requires revision of this letter. If you have any questions, please call me at 621-8695 f a File:\wp\cfd2\ttmapreviews\tract\tt5669 AGENDA ITEM NO. IX-B COMMISSION MEETING 08/02/06 REVISED CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5669 1. Condition No. 11 is modified to read: Relinquish vehicular rights to the lots and/or easements along the following property lines: Lot 1: The northern and eastern property lines. Lot 16: Western 80 feet of the southern property line. Remainder Parcel: The northern property line. 2. Condition No. 12 is modified to read: Provide a 10 foot landscape easement (and irrigation system) along the northern and eastern property lines of Lot 1 which abut East Harvey and North Waldby Avenues and the northern property line of the remainder parcel. These landscape easements shall be maintained by the property owners or the Community Facilities District as outlined in Public Works Department memorandum dated August 2, 2006. Provide a five foot landscape easement (and irrigation system) along the western 80 feet of the southern property line of Lot 16 which abuts North Waldby Avenue. This landscape easement shall be maintained by the property owner or the Community Facilities District as outlined in Public Works Department memorandum dated August 2, 2006. 3. Condition No. 13 is modified to read: A fence shall be constructed at the rear of the five foot and 10 foot landscape easements. The fence shall comply with the requirements of Section 12-306-H of the FMC. 4. Condition No. 14 is modified to read: Provide a corner cut-off area at the intersection of East Harvey and North Villa Avenues and North Villa and North Waldby Avenues 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 on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and shall be maintained by the property owner of Lots 1 and 16. 5. Remove Condition No. 15. AGENDA ITEM NO. IX-B COMMISSION MEETING 08/02/06 REVISED CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT APPLICATION NO. C-06-59 1. Condition No. 5 d) is modified to read: Provide a 10 foot landscape easement (and irrigation system) along the northern and eastern property lines of Lot 1 which abut East Harvey and North Waldby Avenues and the northern property line of the remainder parcel. These landscape easements shall be maintained by the property owners or the Community Facilities District as outlined in Public Works Department memorandum dated August 2, 2006. Provide a five foot landscape easement (and irrigation system) along the western 80 feet of the southern property line of Lot 16 which abuts North Waldby Avenue. This landscape easement shall be maintained by the property owner or the Community Facilities District as outlined in Public Works Department memorandum dated August 2, 2006. 2. Condition No. 6 c) is modified to read: A fence shall be constructed at the rear of the five foot and 10 foot landscape easements. The fence shall comply with the requirements of Section 12-306-H of the FMC. 3. Condition No. 6 d) is modified to read: Provide a corner cut-off area at the intersection of East Harvey and North Villa Avenues and North Villa and North Waldby Avenues 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 on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and shall be maintained by the property owner of Lots 1 and 16. 4. Remove Condition No. 6 e). K CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 2,2006 VESTING TENTATIVE TRACT MAP NO. 5669 NORTH SIDE OF EAST HARVEY BETWEEN NORTH PEACH AND NORTH VILLA AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. 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. 5669, a Planned Development entitled "Exhibit A," dated April 19, 2006, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Rezone Application No. R-06-16 and Conditional Use Permit Application No. C-06-59 which established a planned development for the 3.76 acres of the subject property. 2. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans: Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 2 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 10. A Certificate of Compliance shall be required prior to the sale, lease or finance of the remainder parcel. For further information please contact the City of Fresno Planning and Development Department, Planning Division at (559) 621-8277. 11. Relinquish vehicular rights to the lots and/or easements along the following property lines: Lot 1: .The southern and eastern property lines. Remainder Parcel: The northern property line. Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 3 Landscaping and Walls 12. Provide a 10-foot landscape easement (and irrigation system) along the eastern and southern property lines of Lot 1 which abut East Harvey and North Villa Avenues. This landscape easement shall be maintained by the property owner of Lot 1. 13. A fence shall be constructed at the rear of the 10-foot landscape easement. The fence shall comply with the requirements of Section 12-306-H of the FMC. 14. Provide a corner cut-off area at the intersection of East Harvey and North Villa Avenues 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 on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut- off area shall be landscaped (including an irrigation system), and shall be maintained by the property owner of Lot 1. 15. No fence shall be erected within 20-feet of the northern property line of the remainder parcel. Lot Dimensions 16. Lot dimensions shall be in accordance with Exhibit "A" dated April 19, 2006, as shown on Vesting Tentative Tract Map No. 5669. Building Setbacks 17. Building setbacks shall be in accordance with the R-1 zone district as shown on Exhibit "B" of Conditional Use Permit Application No. C-06-59 dated April 19, 2006 and as follows: Front yard: For Lots 17 thru 22, inclusive, the front yard setback shall be 20 feet to habitable living area. Front yard setbacks for all other lots shall be a minimum of 15 feet from property line to habitable living area and 20 feet to a garage. Interior Side yard: Interior side yard setbacks shall 6e a minimum of four and six feet. The greater setback shall be adjacent to the garage. Street side yard: Street side yard setbacks shall be a minimum of 10 feet with the interior side yard being a minimum of five feet from any proposed fence or wall. Rear yard: Rear yard setbacks shall be a minimum of 20 to 10 feet from property line to habitable living area. 18. All setbacks shall comply with any-conditions as required by Pacific Gas and Electric. Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 4 Information 19. 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. 20. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 21. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. 22. 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 FMC. 23. Vesting Tentative Tract Map No. T-5669 is subject to City Council approval of Rezone Application No. R-06-16. 24. Conditional Use Permit Application No. C-06-59, filed to establish a 22 lot, planned development for the subject site shall be approved prior to final map approval. 25. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 26. 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. 27. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 1 Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 5 28. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 29. 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. 30. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). STREET NAMES 31. Comply with the street name review memorandum dated April 25, 2006. a PARK SERVICE 32. Comply with the memorandum from Ann Lillie of the Public Works Department dated June 2, 2006. 33. Pay appropriate park facilities fee and/or dedicate lands for park and recreation purposes pursuant to Ordinance No. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 6 FIRE SERVICE 34. Provide residential hydrants and fire flows per Public Works standards with two sources of water. SOLID WASTE SERVICE 35. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 36. Per Section 9-404 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 37. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 38. Comply with the memorandum from the Solid Waste Division dated May 18, 2006. STREETS AND RIGHTS-OF-WAY 39. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 40. The subdivider shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the 4-foot minimum unobstructed path requirement. 41. 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: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 7 c. Landscape and irrigation plans (median island and street trees within all parkways). 42. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No. 78- 522, 88-229. 43. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 44. 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. 45. 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. 46. Comply with the memorandum from the Public Works Department, Engineering Division dated May 25, 2006. General Conditions 47. Provide handicap access ramps at all corners within the limits of this subdivision. 48. Underground all existing offsite overhead utilities with the limits of this map in accordance with FMC Section 12-1011, 8-801 and Resolution No. 78-522188-229. 49. Submit the following plans, as applicable, in a single package, to the Public Works Department for review and approval: Street Construction, Signing, Striping, Traffic Signal, Streetlight, Landscape and Irrigation. SANITARY SEWER SERVICE 50. Sanitary sewer mains shall be extended within the proposed tract to provide sewer service to each lot created. 51. Separate sewer house branches shall be provided for each lot created. Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 8 52. All public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications, and policies. 53. Abandon all existing on-site private sewer septic systems in accordance with City standards, specifications, and policies. 54. All underground street utilities shall be installed prior to permanent street paving. 55. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 56. Engineered improvement plans prepared to City Standards by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. 57. Comply with the memorandum from the Public Utilities Department dated March 21, 2006. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: Sewer Lateral Charge Oversize Sewer Charge Trunk Sewer Charge: Chestnut Wastewater Facilities Charge (Residential Only) WATER REQUIREMENTS Genera!Conditions 58. Project is located within the jurisdiction of another provider for water service. The applicant should contact Bakman Water District for service conditions and/or restrictions. Right-of-Way Acquisition 59. The developer will be responsible for the acquisition ,of any necessary right-of-way to construct any of the required improvements.acquisition. 60. 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. 61. 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. Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 9 61. 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. 62. 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. 63. 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 64. 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. Comply with FMFCD memorandum dated May 11, 2006. 65. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 66. Comply with the San Joaquin Valley Air Pollution Control District letter dated April 26, 2006. K PACIFIC GAS AND ELECTRIC COMPANY 67. The developer/owner shall comply with the requirements in the letter from the Pacific Gas and Electric (PG&E) Company dated May 1, 2006. Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 10 CALTRANS 68. Caltrans submitted comments on this project on April 24, 2006 (see attached letter). As the application for this project came in after the February 23, 2006 Caltrans/City of Fresno interim agreement and this project is expected to have less than 100 peak hour trips, this project was not required to prepare a traffic impact study. Additionally, staff has considered Caltrans comments and determined that this project is not expected to cause additional significant or cumulatively significant impacts that were not identified in MEIR No. 10130. Therefore, staff has not imposed any new mitigation on this project. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) c. Oversize Charge* $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charger N/A Service Area: e. Wastewater Facilities Charge. $2,119/living unit f. House Branch Sewer Charge♦ N/A WATER CONNECTION CHARGES FEE RATE g. 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. h. Frontage Charges $6K50/lineal foot i. Transmission Grid Main Charge* $804/net acre (parcels under 5 gross acres) j. Transmission Grid Main $304/net acre Bond Debt Service Charge (parcels under 5 gross acres) k. UGM Water Supply Feer N/A Service Area: Conditions of Approval Vesting Tentative Tract Map No. 5669 August 2, 2006 Page 11 I. Well Head Treatment Feer N/A Service Area: m. Recharge Feer N/A Service Area: n. 1994 Bond Debt Service* N/A Service Area: 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 Feet** $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 Chargee N/A Service Area: u. Major Street Bridge Charges N/A Service Area: v. UGM Grade Separation Fees N/A Service Area: w. UGM Trunk Sewer Charges N/A Service Area: x. Street Acquisition/Construction Charger 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 r Due at time of subdivision. 4 Due at time of development. ♦ Due at occupancy. * Deferrable through Fee Deferral Covenant. KAMaster Files-Tract Maps\Tract 5669 Paul Bemal(R-06-16,C-06-59)\Conditions of Approval\Conditions of Approval\Conditions of Approval T-5669 8-02-06.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 2, 2006 CONDITIONAL USE PERMIT APPLICATION NO. C-06-59 PART A- PROJECT INFORMATION 1. Assessor's Parcel No: 456-100-04 2. Job Address: 5287 East Harvey Avenue 3. Street Location: North side of East Harvey Avenue between North Peach and North Villa Avenues 4. Existing Zoning: AE-5 (Exclusive Five Acre Agricultural) 5. Proposed Zoning: R-1 (Single Family Residential) per Rezone Application No. R-06-16 6. Planned Land Use: Medium Density Residential 7. Plan Areas: Roosevelt Community Plan 8. Project Description: Conditional Use Permit Application C-06-59 proposes a planned development, which includes reduced lot sizes and setbacks and increased lot coverage for the proposed 22 lots. PART B - GENERAL CONDITIONS AND REQUIREMENTS The Planning Commission on August 2,2006,approved the special permit application subject to the enclosed list of conditions and Exhibits A, B, and C-1 thru C-6, inclusive, dated April 19, 2006. An environmental assess mentri nitial study was conducted and resulted in a Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report(MEIR No. 10130),dated June 8, 2006. The finding of conformity was been published in the Fresno Bee commencing a 20-day public review and comment period on June 8, 2006. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare'of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Conditions of Approval Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 2 of 9 Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code (FMC) Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Director within 15 days. In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval, you may do so by filing a written appeal with the Director. The appeal shall include a statement of your interest in or relationship to the subject property,the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Your appeal must be filed by August 17, 2006. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits (dated April 19, 2006)to the final site plan.CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by April 19, 2010 (four years from the date of Planning Commission approval). There is no exception. Conditions of Approval Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 3 of 9 To complete the back-check process for building permit relative to planning and zoning issues, submit eight copies of this corrected,final site plan,together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Current Planning Section, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected,approved exhibits in the plan check sets. Contact Paul Bernal at(559)621-8073 or via e-mail at Paul.Bernal@fresno.gov to schedule an appointment. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1),the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relating to dedications, street improvements or off-street parking lot geometrics may be directed to Louise Gilio at (559) 621-8800 of the Public Works Department, Engineering Division. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights of way. Conditions of Approval Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 4 of 9 b) Provide a minimum four foot wide path of travel along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements can not be met within the existing public rights of way. c) Deed documents for the required property dedications shall be prepared by the applicant's engineer and submitted to the Public works Department, Engineering Division, Special Districts / Projects and Right-of -Way Section with verification of ownership prior to issuance of building permits. Deed documents must conform to the format specified by the city. Document format specifications maybe obtained from the Public Works Department, Engineering Division,Special Districts/Projects and Right of Way Section, or by calling (559) 621-8694. d) The construction of any overhead, surface or sub-surface and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the Public Works Department,Engineering Division,Special Districts/Projects and Rights-of- Way Section. Encroachment permits must be approvedrip or to the issuance of building permits. Please call (559) 621-8693 for additional information. STREET IMPROVEMENTS All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division, prior to commencement of the work. All required street improvements must be completed and accepted by the City prior to occupancy. For additional information you may call (559) 621-8686. e) Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division. For additional information you may call (559) 621-5500. f) Install sidewalk and concrete approaches to City Standard Specifications within all street frontages. g) Install streetlights along all street frontages in accordance with City Standards. Plans must be prepared by a registered Civil Engineer arad must be approved by the Public Works Department Engineering Division prior to installation. h) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. i) Provide parkway landscaping. Street trees shall be planted every 60 feet on center. Plans shall be prepared by a landscape architect. j) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Conditions of Approval Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 5 of 10 Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. For additional information you may call (559) 621-8682. SURVEY MONUMENTS AND PARCEL CONFIGURATION k) Existing survey monuments shall be preserved and if disturbed, shall be reset by a person licensed to practice land surveying in the State of California. PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) 2025 Fresno General Plan ii) Roosevelt Community Plan iii) Planned Development (Section 12-306-N-21 of the FMC) iv) Medium density residential planned land use 2) ZONING a) Development is proposed in accordance with the proposed R-1 (Single Family Residential) zone district. Approval of the CUP is contingent upon approval of Rezone Application No. R-06-16 and Vesting Tentative Tract Map No. 5669. 3) POPULATION DENSITY (Residential Projects) a) Contingent upon approval of Rezone Application No. R-06-16 the subject property shall not be developed with more than 4.99 to 10.37 units per acre, which shall be calculated for Vesting Tentative Tract Map No. 5669. 4) BUILDING HEIGHT a) The maximum allowable building height is 30 feet per Section 12-211.5-D of the FMC. b) EXCEPTIONS: Overheight structure maybe approved by the City Planning Commission. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. Submit a letter together with the filing fee to the Secretary of the Planning Commission requesting approval. 5) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING a) Building setbacks shall be in accordance with the R-1 zone district as shown on Exhibit B of Conditional Use Permit Application No. C-06-59 dated April 19, 2006, and as indicated per the Conditions of Approval for Vesting Tentative Tract Map No. 5669. b) All setbacks shall comply with any conditions as required by Pacific Gas and Electric. Conditions of Approval Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 6 of 10 c) Provide a 10-foot landscape easement (and irrigation system) along the eastern and southern property lines of Lot 1 which abut East Harvey and North Villa Avenues. This landscape easement shall be maintained by the property owner of Lot 1. d) The number of trees will be determined by the following formula: Section 12-306-N-24-G-3 of the FMC requires one medium sized tree (30 — 60 feet at maturity)for each parking space, plus one medium sized tree for each residential unit. Two small trees (15-30 feet at maturity) shall be counted as one medium-sized tree. e) Trees shall be maintained in good health. However,trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and publiQ safety; or as may otherwise be approved by the Planning and Development Department. (Include this note on the landscape plan.) f) Submit landscaping plans to the Planning & Development for review and approval. g) Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Planning Division.(Include this note on the landscape plan.) h) Prior to final inspection,a written certification, signed by a landscape professional approved by the Director,shall be submitted stating that the required landscaping and irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Planning Division, Development Department. (Include this note on the landscape plan.) i) No structures of any kind (including signs, call boxes, site maps, directional signs, etc. unless permitted by Section 12-212.5-K-2 of the FMC)may be installed or maintained within the above-landscaped areas. No exposed utility boxes, transformers, meters, piping (excepting the backflow prevention device),etc.,are allowed to be located in the landscape areas or setbacks or on the street frontages of the buildings. All transformers, etc., shall be shown on the site plan. The backflow device shall be screened by landscaping or such other means as may be approved. (Include this note on the site plan.) 6) FENCES, HEDGES, AND WALLS a) Temporary fences to secure projects under constructiorx'are allowed. Any temporary fence shall be adequately secured and constructed to prevent overtuming due to wind,vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard,which may occur as a result of improper fence installation or damage to the fence. b) Only those fences as shown on the site plan shall be reviewed for approval. c) A fence shall be constructed at the rear of the 10-foot landscape easement noted above in Condition No.5.c. The fence shall comply with the requirements of Section 12-306-H of the FMC. Conditions of Approval Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 7 of 10 d) Provide a comer cut-off area at the intersection of East Harvey and North Villa Avenues 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 on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets,this distance is 30 feet. The comer cut-off area shall be landscaped (including an irrigation system),and shall be maintained by the property owner of Lot 1. e) No fence shall be erected within 20-feet of the northern property line of the remainder parcel. 7) ACCESS a) Vehicular and pedestrian access shall be provided as indicated per Conditions of Approval for Vesting Tentative Tract Map No. T-5669 dated August 2, 2006. S) OUTDOOR ADVERTISING a) Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. Note that all signs, including directional signs, must be located outside of the required landscape setbacks. b) Signs must comply with Sections 12-212.5K-2 and 12-207.5-J-1, 2, 3 and 4 of the FMC. c) Free-standing permanent signs identifying the development are subject to the following conditions: d) The number of such signs shall be limited to two single-faced or one double-faced sign for each major entrance from a public street, or one single-faced sign for each street frontage for multiple-family developments which have no entrances from a public street. e) No such sign may have an area greater than forty square feet. f) Such signs may be located at the entrance to the development or within any required front or street side yard landscaped setback, if the sign height is five feet or less and the sign is set back at least five feet from any street property line. The provisions of Section 12-306-N-9 of the FMC shall apply to any signs placed within a utility or landscape easement. Signs may be placed flush against a solid masonry or wood fence/wall, provided that the copy area of each sign does not exceed thirty-two square feet and that no portion extends above the fence or wall. g) Free-standing signs placed behind any landscaped setbacks may not exceed ten feet in height. Conditions of Approval Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 8 of 10 9) BUILDING ELEVATIONS a) All houses in the planned development shall be in compliance with elevations shown in Exhibits C-1 thru C-6, inclusive, dated April 19, 2006. Any modifications to the elevations shall be reviewed and approved by the Planning and Development Department, Planning Division. b) All buildings (all four sides)shall be reviewed and approved by the Planning& Development Department. This may require changes to the exterior of the home. Note that proposed vents must be decorative given that they are visible from the public right-of-way. c) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. Mechanical equipment must be screened. d) Air conditioning units shall not be mounted on the roof and/or visible from the public right-of- way per the Roosevelt Community Plan Implementation Advisory Committee. PART E - CITY AND OTHER SERVICES 10) FIRE PROTECTION REQUIREMENTS a) Comply with the requirements of the attached Fire Department memorandum dated April 20, 2006. 11)TRANS PORTATION/TRAFFIC PLANNING REQUIREMENTS a) Comply with the requirements of the attached Public Works memorandum, dated May 25, 2006. 12)SOLID WASTE COLLECTION a) Comply with the attached Solid Waste Management memorandum dated May 18, 2006. b) The subject site shall be serviced by the City of Fresno, Public Utilities,Solid Waste Division. 13)PUBLIC UTILITIES REQUIREMENTS a) Comply with the attached Public Utilities requirementq-memorandums, dated March 21, 2006. 14) FRESNO METROPOLITAN FLOOD CONTROL DISTRICT(FMFCD) a) Comply with the FMFCD memorandum dated May 11, 2006. 15)SCHOOL FEES a) School fees must be paid prior to issuance of building permits. (Contact Fresno Unified School District.) Provide proof of payment (or no fee required) prior to issuance of building permits. Conditions of Approval Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 9 of 10 16) DEPARTMENT OF PUBLIC WORKS, STREET TREES DIVISION a) Comply with the attached Department of Public Works, Street Tree Division memorandum, dated June 2, 2006, 17) PACIFIC GAS AND ELECTRIC COMPANY a) The developer/owner shall comply with the requirements in the letter from the Pacific Gas and Electric (PG&E) Company dated May 1, 2006. 18)SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT a) Comply with the attached San Joaquin Valley Air Pollution Control District memorandum, dated April 26, 2006. 19) DEPARTMENT OF TRANSPORTATION (CALTRANS) a) Caltrans submitted comments on this project on April 24,2006 (see attached letter). As the application for this project came in after the February 23, 2006 Caltrans/City of Fresno interim agreement and this project is expected to have less than 100 peak hour trips, this project was not required to prepare a traffic impact study. Additionally,staff has considered Caltrans comments and determined that this project is not expected to cause additional significant or cumulatively significant impacts that were not identified in MEIR No. 10130. Therefore, staff has not imposed any new mitigation on this project. PART F- MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1) Include a color and material schedule on the site plan, as well as on the elevations, for the exterior of all buildings and structures. 2) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.) 3) If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material ispossibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted,and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project,the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.) Conditions of Approval Conditional Use Permit Application No. C-06-59 August 2, 2006 Page 10 of 10 4) If animal fossils are uncovered,the Museum of Paleontology,U.C.Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and,if the paleontologist determines the material to be significant,it shall be preserved.(Include this note on the site plan.) All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. KAMaster Files-Tract Maps\Tract 5669 Paul Bemal(R-06-16,C-06-59)\Conditions of Approvaf\Conditions of Approvaf\Conditions of Approval C-06-59 8-02.06.doc t k Street Name Review TM-5669 4-25-06 Street Name Status Required Change East Clay Avenue Good East Harvey Avenue Good North Peach Avenue Good N. Homsy Avenue Chane North Waldby Avenue North Villa Avenue Good D E P A R T M E N T O F P U B L I C W O R K S TO: Paul Bernal, Planner III Planning Division FROM: Ann Lillie, Senior Engineering Technician (559.621.8690) DATE: June 2, 2006 SUBJECT: Tentative Subdivision Map T-5669 (Located northwest corner of North Villa and East Harvey Avenues) The Department of Public Works has reviewed the Vesting Tentative Subdivision Map proposed by 2M Development Inc.,on engineering plans prepared by Harbour& Associates.dated&ril 19.2006. The Department of Public Works offers the following comments regarding the Street Tree, Buffer/Parkway and Median Island Landscape conditions. GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and for the dedication of planting and buffer landscaping easements. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME East Harvey Avenue Pistacia chinensis- Chinese Pistache 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60' of street frontage, or one tree per lot having street frontage,whichever is greater. a. Street tree inspection fees shall be collected for each 60' of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works "Standard Specifications." c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District, or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer . and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 . with 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. s w MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall submit Plans to the Public Works/Engineering Services showing the location and configuration of all median islands fronting the proposed project. 2. The Public Works Department will review and evaluate existing median island(s) for a determination of all 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 wide unless approved by the Public Works Department. Sections less than eight (8) feet shall be capped with concrete as an integral part of the off site improvements, whether the median is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the 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 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. x n City of Date 4-20-06 TO Paul Bernal, Planner III Development Department, Planner FROM: Rick Fultz, Senior Fire Prevention Inspector.�� Fire Prevention Bureau SUBJECT: Tentative Tract No. 5669 The Fire Department has completed a review of the Vesting Tentative Tract Map 5669 which was submitted by Harbour & Associates, Inc. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Fire Department. ; General Requirements: This project is within 3 miles of Fire Station No. 1 This project is subject to city wide fire service fees: Provide residential hydrants and fire flows per Public Works standards with two sources of water. Access is acceptable as shown Note: Phasing of tract will require re-review for access requirements. City of DEPARTMENT OF PUBLIC UTILITIES May 18, 2006 TO: Paul Bemal, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations"' Department of Public Utilities, Solid Waste Division TROM: VD( epartment hris Weibert, Management Analyst II of Public Utilities, Administration SUBJECT: TT 5669, Solid Waste Conditions of Approval Location: Northwest corner of East Harvey and North Villa Avenues The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5669 that was submitted by Harbour & Associates on behave of 2M Development. 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 5669 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and l Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal~Regulations, Section C,10. No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 9-405 Solid Waste, Recycling and Green Waste Regulations, Section 10, 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. Conditions of Approval T75669.doc Page I oft Covenant Requirements: There shall be no parking allowed in any cul-de-sac on the solid waste service day. All lots that are part of a cul-de-sac shall be clear of all vehicles by 6:00 a.m. • Lots 7, 8, 9, 10, 11, 12, and 13 on North Waldby Avenue Conditions of Approval T75669.doc Page 2 of 2 City of DATE: May 25, 2006 TO: Paul Bernal, Planner III Development Department, Planning Division THROUGH: Scott Mozier, P.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: Public Works Conditions of Approval TT 5669/ C-06-059, (Clay near Peach and Olive) The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. General Conditions: Provide curb ramps at all corners within the limits of this subdivision. Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. Submit a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping,Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Frontage Improvement Requirements: Major Streets: N/A Interior Streets: Dedicate, design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standards. Sidewalk patterns shall comply with Public Works API Standards for 50' streets. Clay Avenue: Local (South Side) 1. Construct concrete curb and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' (verify) residential pattern. Page 1 of 3 CALouise\TRACT MAPS\T-5669 Clay near Peach and Olive.doc 2. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 3. Construct an underground street lighting system to.Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. Villa Avenue: Local (West Side) If not existing to current standards: 1. Construct concrete curb and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' (verify) residential pattern. 2. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 3. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. - Harvey Avenue: Local (North Side) If not existing to current standards: 1. Construct concrete curb and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' (verify) residential pattern. 2. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 3. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. Specific Mitigation Requirements: 1. This tract will generate 16 a.m./22 p.m. peak hour trips; therefore, a Traffic Impact Study(TIS) is not required. (211 Average Daily Trips) - 2. Provide full offsite improvements adjacent to the "Remainder'. Provide a detail of the driveway and approach. Remove and replace to Public Works Standards P-1 and P-4. Driveway wing to be 3' minimum from the east property line of lot 2. 3. Waldby Avenue: Provide the appropriate signage for the proposed blind cul-de-sac. Identify proposed street center line radius. Redesign required. Provide a minimum 250' radius or maximum allowable radius. 4. Lot frontages do not meet minimum requirements. Redesign required for lots 4,8,9,10,11 and 28 5. Provide corner cut dedications and ramps at the following locations: a. northeast and southeast corner of lot 1 b. southeast corner of lot 16 c, southwest corner of APN:456-111-05 Traffic Siqnal Mitigation Impact Fee: This project shall pay its Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. The fee amount is $414.69 per single family unit, (fee rate as shown in the Master Fee Schedule). UGM Requirements: N/A Page 2 of 3 C:\Louise\TRACT MAPS\T-5669 Clay near Peach and Olive.doc CITY OF FRESNO PUBLIC WORKS DEPARTMENT GAD PLAN CHECK GUIDE & REQUIREMENTS LIST ❑ CALL OUT TRACT NUMBER ON GAD ❑ LANE CONFIGURATIONS MATCH CONDITIONS OF APPROVAL ❑ TURN POCKET LENGTHS ARE CALLED OUT AND CORRESPOND TO QUEUE LENGTHS IN TRAFFIC IMPACT STUDY ❑ EXISTING AND PROPOSED CURBS AND MEDIAN ISLANDS ARE CLEARLY SHOWN ❑ PERTINENT FEATURES SUCH AS EXISTING PARCELS, RAILROADS, FID CANALS _❑ CONFORMS TO EXISTING CONDITIONS AT PROJECT LIMITS ❑ EXISTING LANE WIDTHS ARE CALLED OUT AT CONFORM AREAS ❑ GAD SHOWS PROPOSED WIDTH OF STREET R/W, CURB-TO-CURB DISTANCE, ALL TRAFFIC LANES, BIKE LANES, PARKING LANES AND MEDIAN ISLANDS ❑ GAD CALLS OUT TRANSITION LENGTHS AND TAPERS EXPRESSED AS TRANSITION LENGTH PER OFFSET WIDTH (I.E. 50:1 TAPER WOULD BE A 600' TRANSITION FOR A 12' OFFSET) ❑ ALL CURVE DATA IS CALLED OUT._WHERE CURVES ARE CONCENTRIC, ONLY THE C/L OR CURB LINE NEEDS TO BE CALLED OUT. ❑ THE C/L IS MATHEMATICALLY DEFINED WITH HORIZONTAL CONTROL IN CASES WHERE THE C/L DOES NOT FOLLOW THE SECTION LINE ❑ BEARINGS AND DISTANCES ARE PROVIDED WHERE THE C/L OF CONSTRUCTION (NEW C/L OR SECTION LINE) IS NOT PARALLEL TO THE PROPOSED R/W, OR WHERE THE TWO SIDES OF A DIVIDED ROADWAY ARE NOT PARALLEL. ❑ SHOW TRUCK TURNING TEMPLATES FOR ALL DUAL LEFT OR DUAL RIGHT TURNS AND ROUNDABOUTS ❑ CROSSWALK LAYOUTS MEET CITY STANDARDS (4' FROM FACE OF CURB AT RAMP, 10'WIDE, NO DOGLEGS, MEDIAN NOSES CLEAR OF CROSSWALK) ❑ PLANS INCLUDE PROJECT REFERENCE INFORMATION (Site Plan No., C.U.P. No., Rezone No., Parcel Map No. or C.I.P. No. (PW ID, Fund, Org, KRA), NORTH ARROW, SCALE, TITLE BLOCK, OWNER'S NAME, ENGINEER PREPARED BY) ❑ FOR PROJECTS INCLUDING SIGNIFICANT VERTICAL GRADE CHANGES INCORPORATING MULTIPLE GRADE BREAKS OR VERTICAL CURVES, THE GAD SHOULD INCLUDE A PROPOSED MAJOR STREET C/L PROFILE (NOT NECESSARY FOR TYPICAL ROUTINE PROJECTS) Page 3 of 3 C:\Louise\TRACT MAPS\T-5669 Clay near Peach and Olive.doc City of IMPOSE 92%&14i\ DEPARTMENT OF PUBLIC UTILITIES Date: March 21, 2006 To: KEVIN FABINO, Planner III Planning and Development Department, Advance Planning From: DOUG HECKER Supe Engineering ineerin Technician P g g Public Utilities Department, Planning and Engineering Division Subject: SANITARY SEWER AND WATER REQUIREMENTS FOR TENTATIVE TRACT MAP NO. 5669/UGM, REZONE 06-16 AND CONDITIONAL USE PERMIT NO.. 06-59 General Tentative Tract Map No. 5669/UGM, R-06-16 and C-06-59,propose a 22-lot single-family residential planned development subdivision,rezoning from AE-5 to R-1, on 3.75 acres located on the northwest corner of North Villa and East Harvey Avenues. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer mains to serve the proposed project are a 9-inch sewer main in North Villa Avenue, an 8-inch sewer main located in East Harvey Avenue and a 6-inch sewer main in East Clay Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 2. Separate sewer house branches shall be provided for eachdot created. 3. Abandon all existing on-site private septic systems. 4. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 5. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6. 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 Fees The following Sewer Connection Charges are due and shall bepaid for the Project: 1. Sewer Lateral Charge 1. ` Oversize Sewer Charge 2. Trunk Sewer Area: Chestnut 3. Wastewater Facilities Charge (Residential Only) _Water Requirements Project site is located within the jurisdiction of another provider for water service. The applicant should contact Bakman Water District for service conditions and/or restrictions. File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager 2M DEVELOPMENT Planning & Development Department 6445 N. HIGHLAND AVE. City of Fresno CLOVIS, CA 93611 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5669 PRELIMINARY FEES See below DRAINAGE AREA(S) " X - DRAINAGE AREA " X $17,247.00 DATE DRAINAGE AREA - " - TOTAL FEE $17,247.00 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 O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to 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 sits 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. 5669 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to adjacent streets. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 H 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2.._ The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water & Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through 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.) 5669 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT . NOTICE OF REQUIREMENTS Page 3 of 4 X Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. Does not appear to be located within a flood prone area. 6• The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits)require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) W4 permitting, to implement controls to reduce pollutants, Prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction O Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to.submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, Pemploye es, conduct routine site inspections, train es 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. 5669 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. See Exhibit No. 2 for additional comments,recommendations and requirements. 621dEgLaUkemanf Proj4EiQineer: itzi M. Molina District Engineer C: HARBOUR AND ASSOCIATES 375 WOODWORTH AVE., SUITE 103 CLOVIS, CA 93612 5669 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document File No.210.413 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager 2M DEVELOPMENT Planning& Development Department 6445 N. HIGHLAND AVE. City of Fresno CLOVIS, CA 93611 2600 Fresno Street - Fresno, CA 93721 PROJECT NO. 2006-059 PRELIMINARY FEE(S) (See below) DRAINAGE AREA X - DRAINAGE AREA '► X '► $17,247.00 DATE DRAINAGE AREA if _ ►► _ APIA 456-100-04 TOTAL FEE $17,247.00 ADDRESS 5287 E. HARVEY AVE. The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the Z California Environmental Quality Act and the National Environmental Policy Act. The District O in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to O issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through February 28, 20 07 based on the site plan submitted to O the District on 04/21/06 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: O a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage ofrunoff 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. 2006.059 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to adjacent streets. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2._ The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water & Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) 2006-059 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 X Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. Does not appear to be located within a flood prone area. 6. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction. Z a. O State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered O and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections,train employees in permit compliance, and complete an annual certification of compliance. , O b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manu6cturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non- storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 2006-059 . 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 7. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 8. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 9. See Exhibit No. 2 for additional comments,recommendations and requirements. Gerald E. Lakeman, Proj t gineer: Mitzi M. Molina District Engineer C: HARBOUR AND ASSOCIATES 375 WOODWORTH AVE., SUITE 103 CLOVIS, CA 93612 200"59 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document San .Joaquin Valley Air Pollution Control District April 26, 2006 _ - _Re erence No. C20060955 City of Fresno Planning Division Development Department Attn: Paul Bernal 2600 Fresno Street Fresno, CA 93721-3604 Subject: R-06-16; C-06-59 Rezoning Application and Vesting Tentative Tract Map 5669 2M Development, Inc. (APN: 456-100-04) Dear Mr. Bernal: 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). The proposed construction of single family residential units would contribute to the overall decline in air quality due to construction activities in preparation of the site, and ongoing traffic and other operational emissions. Preliminary analysis indicates that this project alone would not generate significant air emissions. However, the increase in emissions from this project, and others like it, cumulatively reduce the air quality in the San Joaquin Valley. A concerted effort should be made to reduce project-related emissions as outlined below: Based on the information provided, it appears that this project will have a less-than-significant impact on the ambient air quality. However, the proposed project will be subject to the following District rules. The following items are rules that have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Rules not enumerated below. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230 5888. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions) Rules 8011-8081 are designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demolition activities, road construction, bulk materials storage,paved and unpaved roads, carryout - and trackout, landfill operations, etc. The District's compliance assistance bulletin for construction sites can be found at http://www.valleyair.ora/busind/comply/PM10/Req%20VI11%20CAB.I)df. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities as specified in Section 6.4.1 of Rule 8021. A template of the District's Construction Notification Form is available at http://www.valleyair.org/busind/com ply/PM 10/forms/Notification%20Form%20Final%2012.01.2005.do C. Rule 4103 (Open Burning) This rule regulates the use of open burning and specifies the types of materials that may be burned outside of a wood burning stove or fireplace. 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 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) 230-6061 (661) 326-6900 • FAX(661)326-6985 www.valleyair.org Mr.Bemal April 26, 2006 T-5669, R-06-16, C-06-59 Page 2 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 4901 (Wood Burning Fireplaces and Wood Burning Heaters) limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: §5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New Residential Developments. Beginning January 1, 2004, 5.3.2 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. More information about Rule 4901 can be found at our website www.valleyair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at 230-5968. Rule 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. Residential projects less than 50 units in size are exempt from the requirements of Rule 9510. Projects that are below this threshold but are part of a larger project that in total exceeds the threshold would be subject to Rule 9510. 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. For more information and instruction, please contact the District's ISR staff by phone at (559)230-5800 or by email at ISR(cD_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 City development standards. Any measure selected should be implemented to the fullest extent possible.) . The suggestions listed below should not be considered all-inclusive and remain options that the agency with the land-use authority should consider for incorporation into the project. • Trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade paved areas. Trees should be selected to shade paved ; areas that will shade 50% of the area within 15 years. Also, large canopy shade trees should be planted adjacent to all sidewalks thirty foot on center and at a ratio of one tree for each five parking spaces. Structural soil should be used under paved areas to improve tree growth. A brochure has been included for the applicant. For Structural Soil see http://www.hort.cornell.edu/uhi/outreach/csc/ For Tree Selection see http://www.ufei.org/ If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should. be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Appropriations made to facilitate public T mass transit will help mitigate trips generated by the project. Direct pedestrian access to the main entrance of the project from existing or potential public transit stops and provide appropriately designed sidewalks. Such access should consist of paved walkways or ramps and should be physically separated from parking areas and vehicle access routes. • Sidewalks and bikeways should be installed throughout as much of the project as possible and should be connected to any nearby existing and planned open space areas, parks, schools, residential areas, commercial areas, etc., to encourage walking and bicycling..Connections to nearby public uses and commercial areas should be made as direct as possible to promote walking for some trips. Pedestrian and bike-oriented design reduces motor vehicle usage and their effects on air quality. Sidewalks and bikeways should be designed to separate pedestrian and bicycle pathways Mr.Bernal April 26,2006 T-5669,.R-06-16, C-06-59 Page 3 from vehicle paths. Sidewalks and bikeways should be designed to be accommodating and appropriately sized for anticipated future pedestrian and bicycle use. Such pathways should be easy to navigate, designed to facilitate pedestrian movement through the project, and create a safe environment for all potential users (pedestrian, bicycle and disabled) from obstacles and automobiles. Sidewalks should be designed for high visibility (brightly painted, different color of concrete, etc.) , when crossing parking lots, streets and similar vehicle paths. Clearly marked and highly visible pedestrian accesses create a safer environment for both pedestrians and vehicles. • As many energy-conserving and emission reducing features as possible should be included in the project. Energy conservation measures include both energy conservation through design and operational energy conservation. Examples include (but are not limited to): - Increased energy efficiency(above California Title 24 Requirements) See http://www.energy.ca.gov/title24/. - Energy efficient widows (double pane and/or Low-E) - Use Low and No-VOC coatings and paints. See South Coast's site for No-VOC Coatings at http://www.agmd.gov/business/brochures/zerovoc.html r - High-albedo (reflecting) roofing material. See http://eetd.Ibl.ggv/coolroof/ - Radiant heat barrier.-See http://www.eere.energy.gov/consumerinfo/refbriefs/bc7.html - Energy efficient lighting, appliances, heating and cooling systems. See http://www.energystar.gov/ Install solar water-heating system(s) - Install photovoltaic cells - Programmable thermostat(s) for all heating and cooling systems Awnings or other shading mechanism for windows - Porch, patio and walkway overhangs Ceiling fans, whole house fans - Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels) See http://www.eere.energy.gov/RE/solar passive.htmt Utilize daylighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. See http://www.advancedbuildings.org - Electrical outlets around the exterior of the unit(s) to encourage use` of electric landscape maintenance equipment Pre-wire the unit(s)with high speed modem connections/DSL and extra phone lines' - Natural gas fireplaces (instead of wood-burning fireplaces or heaters) - Natural gas lines (if available to this area) and electrical outlets in backyard or patio areas to encourage the use of gas and/or electric barbecues - Low or non-polluting incentives items should be provided with each residential unit (such items could include electric lawn mowers, reel mowers, leaf vacuums, gas or electric barbecues, etc.) - More information can be found at: http://www.lgc.org, http://www.sustainable.doe.gov/, http://www.consumerenergVicenter.org/index.html, http://www.ciwmb.ca.gov/GreenBuilding/ • Construction equipment may be powered by diesel engines fueled by alternative diesel fuel blends or Ultra Low Sulfur Diesel (ULSD). The California Air Resources Board (CARB) has verified specific alternative diesel fuel blends for NOx and PM emission reductign. 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.gL)v/fuels/diesel/altdiesel/altdiesel.htm and the EPA's website at http://www.epa.gov/oms/models/biodsl.htm. The applicant should also use CARB certified alternative fueled engines in construction equipment where practicable. Alternative fueled equipment may be powered by Compressed Natural Gas (CNG), Liquid Propane Gas (LPG), electric motors, or other CARB certified off-road technologies. To find engines certified by the CARB, see their certification website 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. Mr.Bema! April 26, 2006 T-5669, R-06-16, C-06-59 Page 4 • Construction equipment may be used that meets the current off-road engine emission standard (as certified by the CARB), or be re-powered with an engine that meets this standard. Tier I, Tier II and Tier III engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by the CARB, see http://www.arb.ca.gov/msprog/offroad/cert/cert.php. This site lists engines by type, then manufacturer. The "Executive Order" shows what Tier the engine is certified as. For more information on heavy-duty engines, please contact Mr. Thomas Astone, Air Quality Specialist, at (559) 230-5800. • Construction activity mitigation measures include: - Limit area subject to excavation, grading, and other construction activity at any one time - Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use - Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) - Apply idling time limits or require that all diesel engines be shut off when not in use on the premises to reduce emissions from idling. - Curtail construction during periods of high ambient pollutant concentrations; this may include __. ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, and "Spare the Air Days" declared by the District. - Implement activity management(e.g. rescheduling activities to reduce short-term impacts) During the smog season (May through October), lengthen the construction period to minimize the number of vehicles and equipment operating at the same time. - Off road trucks should be equipped with on-road engines when possible. - - Minimize obstruction of traffic on adjacent roadways. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call me at (559) 230-5800 or Mr. Dave Mitchell, Planning Manager, at (559) 230-5807 and provide the reference number at the top of this letter. Sincerely, Debra Monterroso. Air Quality Specialist Central Region DM C:fife } Pacific Gas and Electric Company® Corporate Real Estate 650"0"Street,Bag 23 May 1, 2006 South Valley Land Services Fresno,CA 93760.0001 Development Department Engineering Services Division Land Division Section 2600 Fresno Street, Room 3043 Fresno, CA. 93721-3604 Attn: Paul Bernal Dear Paul Bernal, We have reviewed Tentative Tract Map No. 5669. PG&E requests that a Public Utility Easement (PUE), ten feet (10') in width, be dedicated contiguous to all street(s) boundaries located within and along any portion of said Tract Map boundaries fronting any street(s) lying outside of said Tract Map. PG&E also requests that a PUE be incorporated within all private roads. PG&E may further require an easement from the property owner(s) over the newly created PUE's. The exact size and locations of the PUE's together with the need for an easement will be finalized on the final map review. PG&E's records show no gas or electric transmission facilities in the area. Existing gas or electric facility relocations necessitated by new street improvements (which are required as conditions of a development's final acceptance by the City of Fresno) will be at the expense of,the developer. Thank you for the opportunity to review the plans of this Tentative Tract Map. If you have any questions, please contact me at 263-5167. ZePat�ten Land Agent CITY OF FRESNO — ENVIRONMENTAL ASSESSMENT l INITIAL STUDY FINDING OF CONFORMITY/MEIR NO. 10130REeEi , Pursuant to Section 21157.1 of the California Public Resource Code DATE RECEIVED FOR FILING: (California Environmental Quality Act) the project described below is 2QQ6 JUN —8 Ptd 4: 3 ( determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan ITY CLERK, FRESNO Cl! Initial study is on file in the Planning and Development Department, City Hall, 2600 Fresno Street, Fresno, California 93721 (559) 621-8277 Applicant: Initial Study Prepared By: 2M Development Paul Bernal, Planner III 6455 North Highland Avenue June 8, 2006 Clovis, California 93611 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-06-16 North side of East Harvey Avenue between North Vesting Tentative Tract Map No. 5669 Peach and North Villa Avenues Conditional Use Permit Applicatiorf No. C-06-59 APN: 456-100-04 Project Description: 2M Development has filed Rezone Application No. R-06-16, Vesting Tentative Tract Map No. T-5669 and Conditional Use Permit Application No. C-06-59 pertaining to approximately 3.76 acres of property located on the north side of East Harvey Avenue between North Peach and North Villa Avenues. The rezone application proposes to reclassify the subject site from the AE-5 (Exclusive-Five Acre Agricultural) zone district to the R-1 (Single Family Residential) zone district. The tract map proposes to subdivide the subject site into a 22-lot, single family residential subdivision. The conditional use permit application proposes a planned development, which will provide reduced building setbacks and lot sizes, and increased lot coverage. The property is within the jurisdiction of the Roosevelt Community Plan and the 2025 Fresno General Plan, both of which designate the property for medium density residential land uses which is consistent with the proposed R-1 zone district. The subject property is currently developed with a house and recreational pond and is surrounded by single family residential development to the north, east, and to the south while property to the west is developed with a multiple family residential dwelling complex. Conformance to Master Environmental Impact Report (MEIR NO. 10130): The recently adopted 2025 Fresno General Plan and Roosevelt Community Plan designate the subject property for medium density residential planned land uses. In addition, the proposed R-1 zone district conforms to the existing medium density residential planned land use designation as indicated by the 2025 Fresno General Plan "Planned Land Use and Zone District Consistency Matrix" as well as the adopted Roosevelt Community Plan. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master environmental Impact Report (MEIR) No. 10130. The subject property is proposed for development with residential uses at an intensity and scale that is permitted by the FMC. Thus, the development of the site with a 22-lot single-family planned development residential subdivision will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the development will adversely impact existing city service systems or the traffic circulation system that serves the subject parcels. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178(a). Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. R-06-16/T-5669/C-06-59 June 8, 2006 Page 2 Per Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, per the 2025 Fresno General Plan land use designations, include impacts associated with the medium density residential land use designation specified for the subject parcel. Based on this initial study, the proposed project does not change the land use indicated for the subject parcel and will not generate additional significant effects not previously identified by the MEIR and no new additional mitigation measures are required. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177 (d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). filbert J. Haro Date Planning Manager, City of Fresno Attachments: Environmental Checklist/Initial Study for Environmental Assessment No. R-06-16/T-5669/C-06-59 Mitigation Monitoring Checklist (MEIR No. 10130)for Environmental Assessment No. R-06-16/T-5669/C-06-59 KAMaster Files-Tract Maps\Tract 5669 Paul Bernal(R-06-16,C-06-59)1Environmental Assessment\R-06-15.C-06-59,T-5669 FINDING OF CONFORMITY.doc y R ENVIRONMENTAL ASSESSMENT(EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. R-06-161x-5669/C-06-59 1.0 TOPOGRAPHIC.SOIL,GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities(on or 1 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 14 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 12.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5.0 ANIMAL LIFE 1 14.1 Removal of historic building, disruption of 1 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat historic site 6_0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy 8.0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect "0" Insufficient Information residential areas 1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the potential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 1 9.1 Incompatibility with adopted plans and policies "ll No significant Environmental Effect 1 9.2 Acceleration of growth rate The proposed project will not have an adverse 1 9.3 Induces unplanned growth 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration. 1 10.1 Generation of vehicle traffic sufficient to cause capacity "2" Moderate Environmental Effect deficiencies on existing street system The proposed project will have an adverse environmental 1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists,bicyclists, be of specific concern. However, this effect is not pedestrians substantial enough in itself to require the preparation of an 1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigable through project changes and conditions. 1 10.5 Insufficient or poorly located parking 1 10.6 Substantial increase in rail and/or air traffic "3" Significant Adverse Environmental Effect The environmental effect identified in this category substantiates in itself or contributes towards a finding that the proposed project has a potentially significant adverse effect on the environment sufficient to require the preparation of an Environmental Impact Report. 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