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Home My WebLink AboutT-5838 - Conditions of Approval - 1/14/2010 City of inIMICIE%—\lwI— Planning and Development Department 2600 Fresno Street-Third Floor Nick P. Yovino, Director Fresno, California 93721-3604 (559) 621-8277 FAX (559) 498-1012 August 16, 2007 Please reply to: Joann Zuniga 559-621-8032 Jeff Roberts 1396 West Herndon Avenue, Suite 101 Fresno, California 93711 Dear Mr. Roberts: SUBJECT: FINAL ACTION BY THE FRESNO CITY PLANNING COMMISSION REGARDING VESTING TENTATIVE TRACT MAP NO. 5838 AND CONDITIONAL USE PERMIT APPLICATION NO. C-07-14 (VILLAGE C RESIDENTIAL SUBDIVISION IN THE COPPER RIVER RANCH MASTER PLANNED COMMUNITY) The Fresno City Planning Commission conducted a duly noticed public hearing on August 1, 2007, to consider Vesting Tentative Tract Map No. 5838 and Conditional Use Permit Application No. C-07-14. These applications pertain to 23.69 gross acres of property located on the north side of East Copper River Drive between North Maple and North Cedar Avenues within Village C of the Copper River Ranch Master Planned Community. Following a full and complete hearing,the Fresno City Planning Commission approved Vesting Tentative Tract Map No. 5838 and Conditional Use Permit Application No.C-07-14 subject to compliance with the Conditions of Approval dated August 1. 2007. A copy of Planning Commission Resolution No. 12713 is enclosed. No appeal was received within the 15-day period ending August 16, 2007. You may now obtain the necessary permits and proceed with the development of the project in accordance with the project conditions of approval. Please note that in order for the Planning and Development Department to issue building permits, a corrected site plan (Exhibit A of Conditional Use Permit Application No. C-07-14) must be submitted to the Planning and Traffic Divisions for review and approval. Please record this information for your future use. You will receive no further notice regarding these applications. If you have any questions relating to this matter, please feel free to contact me. Sincerely, PLANNING DIVISION Joann Zuniga Planner Enclosure: Planning Commission Resolution No. 12713 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12713 The Fresno City Planning Commission, at its regular meeting on August 1,2007,adopted the following resolution pursuant to the Subdivision Map Act of the Government Code of the State of California and the Municipal Code of the City of Fresno. WHEREAS, Vesting Tentative Tract Map No. 5838/UGM and Conditional Use Permit Application No. C-07-14 were filed with the City of Fresno for 23.69 gross acres of property located on the north side of East Copper River Drive between North Maple and North Cedar Avenues within Village C of the Copper River Ranch Master Planned Community, generally located between North Friant Road, East Copper Avenue, and North Willow Avenue; and, WHEREAS, Vesting Tentative Tract Map No. 5838/UGM proposes to subdivide the property into a 94-lot single family residential planned development subdivision, 2 remainder lots for future multiple family residential development of 57 units, 1 outlot for landscaped open space, and 1 outlot for private streets; and, WHEREAS, Conditional Use Permit Application No. C-07-14 proposes modified property development standards for Vesting Tentative Tract Map No. 5838/UGM with respect to residential lot sizes and yard requirements, and proposes to establish a gated community with private streets and alleys within the boundaries of the tract; and, WHEREAS, there was no Plan Committee in effect at the time the vesting tentative tract map and related conditional use permit application were filed as the Northeast Area Plan and Implementation Committee had been dissolved by Council action effective March 15, 2007, and the District 6 Plan Implementation Committee had not yet been formed; and, WHEREAS, the Fresno City Planning Commission on August 1, 2007, conducted a public hearing to review the proposed vesting tentative tract map and conditional use permit application in accordance with the policies of the Woodward Park Community Plan and the 2025 Fresno General Plan; and, WHEREAS, during the August 1, 2007, hearing, the Commission received a staff report and related information, environmental documents, and considered testimony regarding the requested subdivision map and conditional use permit application; and, WHEREAS, at the public hearing there were no citizens who spoke in opposition to the project; and, WHEREAS, the Planning and Development Department staff recommended approval of Vesting Tentative Tract Map No. 5782 and Conditional Use Permit Application No. C-07-14 subject to all conditions of approval contained in the staff report dated August 1, 2007. NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds and determines that there is no substantial evidence in the record to indicate that the vesting tentative tract map and conditional use permit application may have a significant effect on the environment as identified by the Addendum to the Mitigated Negative Declaration for Environmental Assessment No. T-5205/C-04-153 dated September 29, 2004. Planning Commission Resolution No. 12713 Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 2 BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5838/UGM is consistent with the adopted 2025 Fresno General Plan and Woodward Park Community Plan and the findings required pursuant to Section 66410 et seq of the California Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5838/UGM as shown on the map thereof, subject to compliance with the Planning and Development Department Conditions of Approval dated August 1, 2007, and the Conditions of Approval for Tract 5205/UGM dated November 3, 2004, and revised on June 24, 2005. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Conditional Use Permit Application No. C-07-14 is consistent with the adopted 2025 Fresno General Plan and Woodward Park Community Plan. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Conditional Use Permit Application No. C-07-14 subject to compliance with the Planning and Development Department Conditions of Approval dated August 1, 2007. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner Kissler, seconded by Commissioner Torossian. VOTING: Ayes - Kissler, Torossian, DiBuduo, Holt, Vang, Vasquez Noes - Cherry Not Voting - None Absent - None DATED: August 1, 2007 KEITH BERGTHOLD, Secretary Fresno City Planning Commission Resolution No. 12713 Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 Filed by Jeffrey Roberts on behalf of Granville Homes Action: Approval City o1 City 0i REPOR"i 10 THE PLANNING COMMISSIONhGENDA ITEM NO. VIII-D x COMMISSION MEETING 8/1/07 August 1, 2007 PP>eD BY FROM: STAFF, Planning DivisionVJ" DEPARTMENT DIRECTOR Planning and Development Department SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5838/UGM AND CONDITIONAL USE PERMIT APPLICATION NO. C-07-14 AND ADDENDUM TO ENVIRONMENTAL ASSESSMENT NO. T-5205/C-04-153 (COPPER RIVER RANCH MASTER PLANNED COMMUNITY) EXECUTIVE SUMMARY Jeffrey Roberts, on behalf of Granville Homes, has filed Vesting Tentative Tract Map No. 5838/UGM and Conditional Use Permit Application No. C-07-14 pertaining to 23.69 gross acres of property located on the north side of East Copper River Drive between North Maple and North Cedar Avenues within Village C of the Copper River Ranch Master Planned Community. Vesting Tentative Tract Map No. 5838/UGM proposes to subdivide the subject property into a 94-lot single family residential planned development subdivision, 2 remainder lots for future multiple family residential development of 57 units, 1 outlot for landscaped open space, and 1 outlot for private streets. Conditional Use Permit Application No. C-07-14 proposes modified property development standards for Vesting Tentative Tract Map No. 5838/UGM with respect to residential lot sizes and yard requirements, and proposes to establish a gated community with private streets and alleys within the boundaries of the tract. The subject property is located within the jurisdiction of the Woodward Park Community Plan and the 2025 Fresno General Plan and both plans designate the subject site for medium-low density residential planned land uses (2.19 to 6.00 dwelling units per acre). The Copper River Ranch Master Planned_ Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed R-1/UGM zoned subdivision can be found consistent with the medium- low density residential planned land use for the subject property pursuant to the Copper River Ranch Master Planned Community. Vesting Tentative Tract Map No. 5838/UGM and Conditional Use Permit Application No. C-07-14 will also implement the design provisions of the Copper River Ranch Master Planned Community as established by Vesting Tentative Tract Map No. 5205/UGM and Conditional Use Permit No. C-04-153. The 2025 Fresno General Plan designates the internal circulation network for the Copper River Ranch development as a series of modified collector streets, local streets, and private roads. Vesting Tentative Tract Map No. 5838/UGM proposes a 94-lot single family residential planned development subdivision and the future development of 57 multiple family residential dwellings on 2 remainder lots, for a total of 151 dwelling units on 21.77 net acres at the proposed overall density of 6.93 dwelling units per acre. The entitlements are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the 2025 Fresno General Plan and the Woodward, Park Community Plan. In addition, the entitlements incorporate the mitigation measures as spelled out by Final EIR No. 10126 prepared for the Copper River Ranch Project. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 2 PROJECT INFORMATION PROJECT A 94-lot single family residential planned development subdivision with 2 remainder lots for future multiple family residential development of 57 units on 21.77 net acres, to be developed at an overall density of 6.93 units per acre. Outlot A is proposed for open space purposes, and Outlot B is proposed for private streets. The tract map was deemed verified and accepted for processing on February 20, 2007. APPLICANT Jeffrey Roberts on behalf of Granville Homes LOCATION North side of East Copper River Drive between North Maple and North Cedar Avenues within Village C of the Copper River Ranch Master Planned Community (Council District 6, Councilmember Duncan) SITE SIZE Gross Area equals 23.69 acres Net Area equals 21.77 acres LAND USE Existing - Vacant Proposed 94-lot single family residential subdivision, 2 _ remainder lots for a 57-unit multiple family residential development, 1 outlot for open space, and one outlot for private streets ZONING Existing - R-1/UGM (Single Family Residential/Urban Growth Management) PLAN DESIGNATION The Village C residential subdivision in the Copper River Ranch AND CONSISTENCY Master Planned Community is consistent with the 2025 Fresno. General Plan and the Woodward Park Community Plan designation of the site for medium-low density residential planned land uses ENVIRONMENTAL Addendum to Mitigated Negative Declaration dated September 29, FINDING 2004 PLAN COMMITTEE The subject property is located within the boundaries of the RECOMMENDATION Woodward Park Community Plan. By action of the City Council on March 15, 2007, community plan citizen advisory committees were reconstituted as Council District committees. Council District 6 Committee unanimously recommended approval of the residential planned development subdivision on March 5, 2007. STAFF Approve the vesting tentative tract map and conditional use permit RECOMMENDATION application subject to compliance with the Conditions of Approval for Tract 5838/UGM dated July 27, 2007, and Conditions of Approval for C-07-14 dated July 27, 2007 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 3 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use R-1/UGM Vacant Medium-Low Density Single Family Residential/Urban Growth North Management Residential O/UGM Copper River Golf Course Open Space/Urban Growth Management R-11UGM PGE Substation South Public Facilities Single Family Residential/Urban Growth Fresno Metropolitan Flood Management Control District Basin R-1/UGM Vacant Medium-Low Density Single Family Residential/Urban Growth East Management Residential O/UGM Copper River Golf Course Open Space/Urban Growth Management West Medium-Low Density R-1/UGM Single Family Residential Residential Single Family Residential/Urban Growth Subdivision Management ENVIRONMENTAL FINDING Staff has reviewed the proposed vesting tentative tract map and related conditional use permit application and consulted with affected agencies and interest groups. The proposed residential planned development subdivision has been evaluated with respect to the adopted mitigation measures of Environment Impact Report No. 10126 prepared for the Copper River Ranch Project; the provisions of the adopted 2025 Fresno General Plan (City Council Resolution No. 2002-379); and the corresponding potential adverse environmental impacts, adopted environmental impact mitigation measures, and determinations of overriding considerations established by the certification of the related Master Environmental Impact Report (MEIR) No. 10130 (City Council Resolution No. 2002-378). The proposed project has been determined to not be fully within the scope of EIR No. 10126 as provided by the California Environmental Quality Act (CEQA), as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Based upon an analysis of the project, as summarized in the following environmental assessment initial study, it has been determined that the project may contribute to the creation of certain moderate environmental effects or the project may be adversely impacted by existing conditions as addressed below. However, these potential impacts have been determined to be equivalent to or less than those adverse impacts identified by EIR No. 10126. It has been further determined that all applicable mitigation measures of EIR No. 10126 along with appropriate mitigation measures from MEIR No. 10130 have been applied to the project, together with project specific mitigation measures necessary to ensure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by EIR No. 10126 as provided by CEQA Section 15178(a). Therefore, it has been determined that the filing of a REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 4 Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1)and(2) for Environmental Assessment No. T-5205/C-04-153 (Copper River Ranch Master Planned Community). Staff prepared an addendum dated July 12, 2007, to Environmental Assessment No. T-5205/C-04-153 dated September 29, 2004, stating that the proposed Vesting Tentative Tract Map No. 5838/UGM and Conditional Use Permit Application No. C-07-14 has been adequately addressed through this environmental document together with Final EIR No. 10126. BACKGROUND / ANALYSIS The City Council adopted the 2025 Fresno General Plan on November 19, 2002, by Resolution No. 2002-379. The action of the Council also updated the Woodward Park Community Plan. Following the adoption of the 2025 Fresno General Plan, Plan Amendment Application No. A-01-11 was approved, which expanded the boundaries of the Woodward Park Community Plan to include the Copper River Ranch Project Area generally located between North Friant Road, East Copper Avenue, and North Willow Avenue. This amendment also modified planned uses for portions of the Copper River Ranch while retaining the overall development capacity allocated by the 2025 Fresno General Plan. The subject property is covered by Plan Amendment Application No. A-01-11, which designates the site for medium-low residential planned land uses. Vesting Tentative Tract Map No. 5838/UGM and Conditional Use Permit Application No. C-07-14 implements the development and design concepts of Vesting Tentative Tract Map No. 5205/UGM and Conditional Use Permit Application No. C-04-153, approved on November 3, 2004. These development applications identified the subdivision of the entire 574-acre site into an 829-lot single family residential subdivision that will include 8 single family residential villages consisting of both conventional lots and non-clustered planned development lots (reduced lot width, depth, and area) with 45 outlots for multiple family residential development, landscaped open space, and commercial development. The overall Copper River Ranch is planned for development in phases. The subject map and entitlement application comprise one of the phases of development of the Copper River Ranch Master Planned Community. Jeffrey Roberts, on behalf of Granville Homes, has filed Vesting Tentative Tract Map No. 5838/UGM and Conditional Use Permit Application No. C-07-14 pertaining to approximately 23.7 acres of property located on the north side of East Copper River Drive between North Maple and North Cedar Avenues within Village C of the Copper River Ranch Master Planned Community. Vesting Tentative Tract Map No. 5838/UGM proposes to subdivide the property into a 94 lot single family residential planned development subdivision, 2 remainder lots for future multiple family residential development that will total 57 residential units, and 1 outlot. The number of proposed residential dwellings totals 151 units. Conditional Use Permit Application No. C-07-14 proposes a planned development for the 23.7-acre site that will include a gated community with private streets and modified property development standards. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 5 The subject property is located within the jurisdiction of the Woodward Park Community Plan and the 2025 Fresno General Plan, and both plans designate the subject site for medium-low density residential planned land uses (2.19 to 6.00 dwelling units per acre). The Copper River Ranch Master Planned Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed R-1/UGM zoned subdivision at the proposed overall density of 6.93 dwelling units per acre can be found consistent with the medium-low density residential planned land use for the subject property pursuant to the Copper River Ranch Master Planned Community design as provided by Tentative Tract Map No. 5205/UGM and Conditional Use Permit No. C-04-153. The 2025 Fresno General Plan designates the internal circulation network for the Copper River Ranch development as a series of modified collector streets, local streets, and private roads. Community Plan Implementation Advisory Committee The subject property is located within the boundaries of the Woodward Park Community Plan. By action of the City Council on March 15, 2007, community plan citizen advisory committees were reconstituted as Council District committees. Council District 6 Committee unanimously recommended approval of the residential planned development subdivision on March 5, 2007. Conditional Use Permit Application In addition to submitting a vesting tentative tract map application, the applicant has also submitted Conditional Use Permit Application No. C-07-14 for the subject property. Pursuant to Fresno Municipal Code Section 12-306-N-21, a conditional use permit is required in order to create a planned development. As part of the conditional use permit, an applicant may request a modification of development standards, including lot size, setbacks and yard areas. The applicant is proposing a planned development with 94 single family residential lots and two lots intended to accommodate the future development of 57 multiple family residences, which all will be located within the area identified as Village C of the Copper River Ranch Master Planned Community. The lot sizes are proposed in a range between 8300± square feet to 5000± square feet, which varies in size in comparison to single family residential lots found in conventional subdivisions. The applicant is also proposing 46 garage fronting street lots and 48 garage fronting alley lots. Also proposed is reduced yards with varying side yard setbacks (see site plan Exhibit A of Conditional Use Permit Application No. C-07-14 dated February 20, 2007). Conditional Use Permit Application No. C-07-14 implements several of the goals of the 2025 Fresno General Plan. Goal No. 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. 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 accorriplish this objective. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 6 Urban Services The Public Utilities Department has identified appropriate sanitary sewer and water requirements for this project. These conditions are listed in detail in the revised memorandum dated April 16, 2007. It should be noted that the project applicant is proposing a tertiary wastewater treatment facility within the Copper River Ranch project that will ultimately accommodate all wastewater flow from this project. However, wastewater from the first 500 single family units will pumped through an existing lift station and transported to the regional wastewater facility west of the city. The proposed wastewater treatment facility is expected to be permitted and online prior to the completion of the 501 single family dwelling unit. The applicant is showing four potential well sites for this project. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be accommodated by the district. The project applicant shall also comply with the FMFCD requirements as detailed in its memorandum dated March 26, 2007. Fire Station 21 is located at Maple and International Avenues and is within three miles of the subject property. The project applicant shall comply with all 'Fire requirements as detailed in the Fire Department memorandum dated March 8, 2007. The project applicant shall comply with the requirements of the Public Works Department as detailed in its memorandum dated March 29, 2007. Circulation Element Plan Policies and Major Street System Traffic Capacity The traffic generated by this project can be accommodated by the planned circulation system with street improvements completed by the project as required by development standards, Urban Growth Management (UGM) Service Delivery policies, and Environmental Impact Report No. 10126, and project specific mitigation measures. The 2025 Fresno General Plan designates East Copper River Drive as a collector street. Required improvements to the street will include construction of concrete, curb, gutter, sidewalk and permanent paving within the limits of the tract; construction of an underground street lighting system; and relinquishment of access rights to East Copper River Drive for those lots that back onto the collector street within the tract. Furthermore, the project will be required to pay its Traffic Signal Mitigation Impact (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 Manual. These street improvements are outlined in more detail in the Conditions of Approval for Vesting Tentative Tract Map No. 5838/UGM, dated August 1, 2007. As required by the mitigation measures established by the certification of Project EIR No. 10126, a traffic assessment, was prepared by TPG Consulting to evaluate the number of vehicle trips projected to be generated by the Copper River Ranch Master Planned Community. Utilizing the Institute of Traffic Engineers (ITE) Trip Generation Manual, Seventh Edition, and associated computer software together with the Council of Fresno County Governments' (COG) computerized traffic model, this analysis predicts the number of vehicle trips that will be generated from the proposed project and surrounding planned land uses, and the direction in which these trips will travel. The proposed project as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public i REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 7 facility and service delivery requirements of the Urban Growth Management Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. Streets and Access Points This subdivision is proposed to have one access from East Copper River Drive and a second access point within the subdivision to the adjacent remainder lot to the west of the tract. The Public Works Department Traffic Engineering Division has reviewed the tract map application along with the Traffic Impact Study dated September 2004 prepared by TPG Consulting. The Public Works Department has identified specific project related street conditions associated with development of the single family residential lots and conditioned the project pursuant to its memorandum dated March 29, 2007, regarding Village C within the Copper River Ranch Master Planned Community. Landscaping/Walls For Vesting Tentative Tract Map No. 5838 varying wall heights of up to 7 feet for lots that abut East Copper River Drive. This wall shall be constructed at the rear of the required landscaped portions of the street rights-or-ways within the tract. Lot Dimensions The R-1/UGM zone district requires minimum lot sizes of 5,000 square feet for lots in the subdivision. However, Conditional Use Permit Application No. C-07-14 is requesting reduce lot sizes and building setbacks for the tract. A vast majority of the lots within the subdivision range from 5000 square feet to 8300 square feet. There will be a few lots (cul-de-sac, corner lots) that will exceed 5000 square feet. The project applicant has submitted floor plans ranging from approximately 1350 square feet to 2500 square feet for Tract No. T-5838. All models with the reduced setback requirements can be accommodated on the lots proposed by the applicant. Lots widths will range from 46 feet to 60 feet with lot depths ranging from 72 feet to 101 feet. The lots for the planned development are smaller in area in comparison to typical single family residential lots, as the community as a whole is intended to achieve more compact, pedestrian friendly neighborhoods. 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 Woodward Park Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Therefore, staff recommends approval. Setbacks Staff has required varied front yard setbacks to provide a varied streetscape appearance for the planned community. Approximately one-half of the lots will have alley access garages, which will allow reduced front yard setbacks to a minimum of 10 feet. Those lots with street fronting garages will have a minimum setback of 18 feet to the garage door. The applicant is proposing a minimum of three-foot side yards. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 8 State Department of Transportation (Caltrans) The project applicant and Caltrans have entered into an agreement for the voluntary payment of traffic mitigation fees of $700,000 (letter dated June 29, 2001). This fee amount represents the complete obligation for the Copper River Ranch Master Planned Community project toward the State Highway System. Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No. C-07-14 proposes a planned development for the 23.7-acre site. The planned development will provide a gated community with private streets and modified property development standards. The project will provide reduced lot sizes and reduced setbacks, increased lot coverage, and private streets with gated entry. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the Conditions of Approval dated August 1, 2007, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code 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, Conditional Use Permit Application No. C-07-14 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 smaller in area in comparison to conventional subdivision lots, less maintenance requirement should result. 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, The Public Works Department, Engineering Division, reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic and the surrounding community, subject to the applicant dedicating and improving the streets proximate to the subject property. 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. tlNin,g c: ' fj he site is vacant and with the adoption of the 2025 Fresno General Plan, the city analyzed the impacts of converting vacant 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 Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 9 Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400, et seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan and the Woodward Park Community Plan, which designate the site for medium-low density residential planned land uses and subject to Section 12-403-B of the Fresno Municipal Code, the project design meets the density and zoning ordinance criteria for development in this plan designation. 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. The site is currently vacant and during the 2025 Fresno General Plan update, the city analyzed the impacts of converting vacant 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 ensure that the subdivision conforms to 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 Woodward Park Community Plan, complies with applicable zoning and subdivision 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 Vesting Tentative Tract Map No. 5838/UGM Conditional Use Permit Application No. C-07-14 August 1, 2007 Page 10 CONDITIONS OF APPROVAL 1. Development shall take place in accordance with Vesting Tentative Tract Map No. 5838/UGM dated February 20, 2007, and the Conditions of Approval for T-5838/UGM dated August 1, 2007, and the Conditions of Approval for Tract 5205/UGM dated November 3, 2004, revised June 24, 2006. 2. Development shall take place in accordance with Conditional Use Permit Application No. C-07-14 Exhibits A and E-1 through E-4 dated February 20, 2007, and Conditions of Approval for Conditional Use Permit Application No. C-07-14 dated August 1, 2007. Action by the Fresno City Planning Commission on Vesting Tentative Tract Map No. 5838/UGM and Conditional Use.Permit Application No. C-07-14 is final unless appealed to the City Council. 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 Woodward Park 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 Vesting Tentative Tract Map No. 5838/UGM and Conditional Use Permit Application No. C-07-14 is appropriate for the project site, subject to the conditions listed below. Therefore, staff recommends that the Planning Commission: 1. APPROVE the Addendum to the Mitigated Negative Declaration for Environmental Assessment No. T-5205/C-04-153 dated September 29, 2004. 2. APPROVE Conditional Use Permit Application No. C-07-14 proposing modified property development standards for Vesting Tentative Tract Map No. 5838/UGM with respect to residential lot sizes and yard requirements and establishing a gated community with private streets and alleys within the boundaries of the tract; and subject to compliance with Conditions of Approval dated August 1, 2007. 3. APPROVE Vesting Tentative Tract Map No. 5838/UGM subject to compliance with the Conditions of Approval dated August 1, 2007, and the Conditions of Approval for Tract 5205/UGM dated November 3, 2004, revised June 24, 2005. Attachments: Vicinity Map Exhibit A, Proposed Vesting Tentative Tract Map No. 5838 dated February 20, 2007 Exhibit B, Proposed site plan for CUP Application No. C-07-14 dated February 20, 2007 Exhibits C, Proposed building elevations Exhibit D, Comment Letters Conditions of Approval for Tract 5838/UGM dated August 1, 2007 Conditions of Approval for CUP Application No. C-07-14 dated August 1, 2007 Addendum to Mitigated Negative Declaration for Environmental Assessment No. T-5205/C-04-153 dated September 29, 2004 �2 N� N gNOR`THSIRE 02 GOQQ� O� ir � 00 O�� J GtuB NOvgE S� g VIA MIRASOL /i• . /, ,, VIA ESTRELLA R VERBANK E-5 C-2 C-2 � w a o a. w a v g COPPER J W LL O R1 z R-1 C-1 C LEGEND /'i Subject Property U.G.M.Area VICINITY NIAIP PLANNING & DEVELOPMENT DEPARTMENT VESTING TENTATIVE MAP OF TRACT NO. 5838/UGM A.P.N.: 579-073-12S, 71S CONDITIONAL USE PERMIT NO. C-07-014 F � ZONE MAP: 1352 North side of E. Riverbank Ave. Betwn., N. Maple and N.Cedar Aves. s NOT TO SCALE BY/DATE: D.N. 1 2-26-07 z w 0 A, VIA HINON VIA F- z w00. C= O 00 ZZ '\,,`n `�, ``A m,�L,nnJ�N , ,�lYn FNr J Q LJ 00 00 r A3� pnq -v) Z 7-UJ zr Z o(A 3NY-I OIN3880 ;��i ON < 1w. 3 �n __ _- t it CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 1, 2007 VESTING TENTATIVE TRACT MAP NO. 5838/UGM CONDITIONAL USE PERMIT APPLICATION NO. C-07-14 North side of East Copper River Drive between North Cedar and North Maple 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 Vesting Tentative Tract Map No. 5838/UGM and Conditional Use Permit Application No. C-07-14. The Urban Growth Management Service Delivery Plan requirements are included in the Conditions of Approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5838/UGM, a planned development entitled Exhibit A, dated February 20, 2007, the subdivider/owner may prepare a Final Map in accordance with the approved tentative map and related Conditional Use Permit Application No. C-07-14, which established a planned development for 23.7 acres of the subject property located in Village C of the Copper River Ranch Master Planned Community. 2. Conditional Use Permit Application No. C-07-14 is approved per Exhibits A-1 and E-1 through E-4, dated February 20, 2007. 3. All streets within the subdivision boundaries will be private streets, unless otherwise noted on said exhibits listed above. The City of Fresno may accept the dedication of public street right-of-way within the subdivision if alternative public street standards are requested by the subdivider/owner and approved by the City of Fresno. 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/owner's expense and shall be dedicated by separate instrument at the time of Final Map approval. The relocation a.r ,-w, Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 2 of existing utilities necessitated by the required public improvements shall be paid for by the subdivider/owner. The subdivider/owner is responsible to contact the appropriate utility company for information. 4. At the time of Final Map submittal, the subdivider/owner 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. 5. 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/owner shall provide performance security in an amount established by the City to guarantee the completion of plans. 6. The subdivider/owner shall submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (reference Fresno Municipal Code Sections 12-1022 and 12-1023). 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. 7. The subdivider/owner shall 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. 8. The subdivider/owner shall depict public utilities easements, as necessary, 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/owner's expense 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/owner. The subdivider/owner is responsible to contact the appropriate utility company for information. 9. The subdivider/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 Nos. 79-606 and 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 3 10. The subdivider/owner shall furnish to the City acceptable security to guarantee the construction of off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. The subdivider/owner 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/owner may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 11. As a condition of Final Map approval, the subdivider/owner 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. 12. A Certificate of Compliance shall be required of the subdivider/owner prior to the sale, lease, or finance of the two remainder parcels. For further information please contact the City of Fresno Planning and Development Department, Planning Division at 559-621-8277. 13. Conditional Use Permit Application No. C-07-14, filed to establish a 94-lot single family residential planned development subdivision, 2 remainder lots for future multiple family residential development that will total 57 residential units, and 1 outlot, for a total of 151 residential dwelling units with private streets and modified property development standards, shall be approved prior to recording the Final Map approval. 14. All air conditioning (A.C.) units shall be located on the ground. Prior to the recording of the map, the subdivider/owner shall provide elevations and site plan that depict the location of all A.C. units. 15. Sidewalks shall be required within the entire subdivision. 16. As a condition of Final Map approval, the subdivider/owner shall relinquish direct vehicular access rights to East Copper River Drive from all residential lots that abut this street (reference Fresno Municipal Code Section 12-1011-f-3). Landscaping and Walls 17. The subdivider/owner shall construct a landscaped pedestrian easement with an irrigation system within the street right-of-way along East Copper River Drive, the designated collector street within the subdivision as identified on the tentative tract map. Exhibit A dated February 20, 2007, for Conditional Use Permit Application No. C-07-14 depicts wall height up to 7 feet along East Copper River Drive to be constructed at the rear of the required landscaped right-of-way. Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 4 18. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval (a solid wall is to meet the requirements of Fresno Municipal Code Section 12-306-H). 19. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope, then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 20. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture along public streets as required by conditions of Tract Map No. 5838/UGM may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at 559-621-8695 for information regarding the City's Comrnunity Facilities District. 21. The property owners may petition the City for annexation to the City's Community Facilities District prior to Final Map approval. If approved by City Council, the following features may be maintained by the Community Facilities District: a. Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street right-of-way (including median islands), landscape easements, trails, and outlots within and adjacent to the subdivision. b. Maintenance of sidewalks and street furniture as approved by the Public Works Department within the street right-of-way, landscape easements, trails, and outlots within and adjacent to the subdivision. c. Maintenance of all entry treatments associated with the subdivision to include landscape and irrigation systems along sides and in medians, decorative concrete and pilasters. d. Maintenance of all interior curbs, gutters, sidewalks, and median islands as approved by the Public Works Department within the boundary of the tentative map. e. Maintenance and operating costs of all street lights as approved by the Public Works Department within the boundary of the tentative map. f. Maintenance of all street trees as approved by the Public Works Department within the boundary of the tentative map. 22. Proceedings to place the Final Map into the City's Community Facilities District shall not commence until the Final Map has been annexed into the City of Fresno and the Final Map is considered to be technically correct. „40; Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 5 23. Landscaping and street improvement plans for all features to be maintained by a Community Facilities District for a Final Map shall be included in the Community Facilities District annexation request package for processing. 24. If the subdivider/owner elects to petition for annexation into the City's Community Facilities District, the subdivider/owner shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The subdivider/owner shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 25. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the subdivider/owner shall create a homeowners' association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners' association shall be submitted to the Planning and Development Department for review two weeks prior to Final Map approval. Said documents shall be recorded with the Final Map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 26. The subdivider/owner shall submit improvement plans for all required landscaping and irrigation systems to the Planning and Development Department for review prior to Final Map approval. Lot Dimensions 27. Lot dimensions shall be in accordance with Vesting Tentative Tract Map No. 5838/UGM Exhibit A, dated February 20, 2007. Building Setbacks 28. Building setbacks shall be in accordance with the R-1 (Single Family Residential) zone district provisions of Fresno Municipal Code Section 12-211.5-E as shown on Vesting Tentative Tract Map No. 5838/UGM Exhibit A, dated February 20, 2007, except as modified by Conditional Use Permit Application No. C-07-14, dated February 20, 2007. 29. Building setbacks shall also be in accordance with the provisions of Fresno Municipal Code Section 12-207.5-E-1-c as shown on Vesting Tentative Tract Map No. 5838/UGM Exhibit A, dated February 20, 2007, except as modified by Conditional Use Permit Application No. C-07-14, dated February 20, 2007. Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 6 30. All setbacks shall comply with any conditions as required by Pacific Gas and Electric. 31. Reverse corner lot and key lot building setback lines shall be as shown on the appropriate exhibits of Conditional Use Permit Application No. C-07-14. 32. The residential models proposed for this subdivision shall have varied front yard setbacks with no more than two identical models on abutting lots throughout this subdivision. Garages shall have a minimum of an 18-foot setback from the back of street sidewalk or a 27-foot setback from the opposite side of the alley. Information 33. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the adopted school district fee schedule. 34. The subdivider/owner shall contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision (Village C of the Copper River Ranch Master Planned Community). 35. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider/owner 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/owner on this tract shall fully and independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. 36. The subdivider/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 subdivider/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work in accordance with Chapter 13 of the Fresno Municipal Code. 37. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 38. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: 559-268-0109; after hours the contact phone number is 559-488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number: 916-653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number: 805-644-2289) shall be contacted to obtain a referral list of recognized archaeologists. Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 7 39. 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. 40. 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 subdivider/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/owner 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; and, 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. 41. The subdivider/owner 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. 42. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in Vesting Tentative Tract Map No. 5838/UGM shall be subject to approval of the Solid Waste Manager. LANDSCAPE AND PARK SERVICE 43. The subdivider/owner shall comply with the requirements of the Public Works Department dated May 25, 2007, for Vesting Tentative Tract No. 5838/UGM and Conditional Use Permit Application No. C-07-14 related to street tree, buffer/parkway, pedestrian features, and median island landscape conditions which shall be constructed in accordance with all City requirements and standards. Cross-sections will be required Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 8 with submittal of street plans and landscaping/irrigation plans to the Department of Public Works for review and approval. 44. All proposed common open space areas or pedestrian connections shall be constructed in accordance with all City requirements and standards. Cross-sections will be required with submittal of landscaping/irrigation plans for review and approval. 45. This project will be subject to the citywide Parks Impact Fee and Quimby Act Fee. The subdivider/owner shall 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. FIRE SERVICE 46. The subdivider/owner shall be responsible for any fire transition fees that may be required. 47. The subdivider/owner shall comply with the requirements of the Fire Department memorandum dated March 8, 2007, for Vesting Tentative Tract No. 5838/UGM and Conditional Use Permit Application No. C-07-14 related to fire protection for the 94 lot single family residential planned development subdivision, 2 remainder lots for future multiple family residential development that will total 57 residential units, 1 outlot for landscaped open space, and 1 outlot for private streets. 48. This project is within 3 miles of a Fresno Fire Station located at Maple and International Avenues. 49. This project is subject to city-wide fire service fees. SOLID WASTE SERVICE 50. The subdivider/owner shall comply with the requirements of the Department of Public Utilities, Solid Waste Division, revised memorandum dated April 16, 2007, for Vesting Tentative Tract No. 5838/UGM and Conditional Use Permit Application No. C-07-14 related to solid waste service. 51. The owners, lessees, or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 52. Pursuant to Fresno Municipal Code Section 9-404, Solid Waste Disposal Regulations, Section C-10, 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. 141W w.. Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 9 53. Pursuant to Fresno 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 the Code, unless the container is screened from view from the street in accordance with that article of the Code. 54. 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. STREETS AND RIGHTS-OF-WAY 55. The subdivider/owner shall comply with the requirements of the Public Works Department, Traffic Engineering Division, memorandum dated March 29, 2007, for Vesting Tentative Tract No. 5838/UGM and Conditional Use Permit Application No. C-07-14 related to streets. General Conditions 56. The subdivider/owner shall comply with all conditions as set forth in Tract No. 5205/UGM dated October 26, 2004. The subdivider/owner shall provide required connections from Copper River Avenue to Friant Expressway and from East Copper River Drive to Copper Avenue at Cedar Avenue and Maple Avenue in accordance with EIR No. 10126 prepared for the Copper River Ranch Project. 57. The subdivider/owner shall furnish to the City acceptable security to guarantee the construction of off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code and the State Subdivision Map Act. 58. The subdivider/owner 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 four foot minimum unobstructed path requirement. 59. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Planning and Development Department for review and approval: a. Signing and striping plans (pursuant to current California Department of Transportation standards); b. Street construction plans; �.+ MP Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 10 c. Traffic signal, streetlight, and trail lighting plans; and, d. Landscape and irrigation plans (median island and street trees within all parkways). 60. The subdivider/owner shall submit a geometric approval drawing (GAD) to Public Works Department, Traffic Engineering Division, for review and approval prior to submittal of street plans. 61. The subdivider/owner shall underground all existing off-site overhead utilities and proposed utility systems within the limits of this tract in accordance with Fresno Municipal Code Sections 12-1011 and Resolution No. 78-522/ 88-229. 62. The subdivider/owner shall construct an underground street lighting system per Public Works Standards within the limits of Vesting Tentative Tract Map No. 5838/UGM and Conditional Use Permit Application No. C-07-14. 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/owner 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. 63. 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. 64. 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. Major Streets Frontaqe Improvement Requirements East Copper River Drive: Collector 65. The subdivider/owner shall dedicate 47 feet to 55 feet of property from center line for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards or provide approved cross section on the map. 66. The subdivider/owner shall construct an 80-foot bus bay, curb and gutter, at the locations approved with Tract No. 5205 to Public Works Standard P-73, complete with 10-foot monolithic sidewalk. ..r rs Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 11 67. The subdivider/owner shall construct concrete curb, gutter, and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10-foot residential pattern. Construct a 6-foot residential sidewalk per Exhibit D. A 2-foot dedication for a pedestrian easement is required. Provide a cross section on the map. 68. The subdivider/owner shall construct 20 feet of permanent paving, measured from face of curb, within the limits of this subdivision. 69. The subdivider/owner shall construct an underground street lighting system to Public Works Standard E-1, within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector streets. 70. The subdivider/owner shall relinquish direct vehicular access rights to East Copper River Drive from all residential lots that abut this street (reference Fresno Municipal Code Section 12-1011-f-3). Traffic Signal Mitigation Impact Fee 71. 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). Urban Growth Management Requirements 72. This subdivision is outside the current UGM boundaries but within the City sphere of influence. The subdivider/owner has proposed an impact fee program to fund infrastructure needed to address specific impacts associated with the proposed Vesting Tentative Tract Map No. 5838/UGM. As a minimum, the impact fee program shall facilitate construction of the street and intersection improvements within and adjacent to this subdivision. The subdivider/owner shall cause to prepare an amendment to the UGM program for Council consideration to adopt the proposed impact fees for this subdivision. 73. The subdivider/owner shall identify a mechanism to fund maintenance of all landscape, entrance features, benches, trails, lighting, etc., within the proposed public easements. The subdivider/owner may utilize a homeowners' association or may petition the Council to form a Community Facilities District in accordance with State guidelines and statutes. State of California Department of Transportation (Caltrans) Fees 74. The subdivider/owner shall pay fair share contribution as determined by the State of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineeringrip or to a Final Map. Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 12 SANITARY SEWER SERVICE 75. On-site sanitary sewer facilities shall be private. 76. Separate sewer house branches shall be provided for each lot created. 77. Public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications, and policies. 78. Abandon all existing on-site private sewer septic systems in accordance with City standards, specifications, and policies. 79. Engineered improvement plans prepared to City Standards by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. 80. Comply with the memorandum from the Public Utilities Department dated April 4, 2006. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: Sewer Lateral Charge $0.10/sq ft (to 100 ft depth) Oversize Sewer Charge $0.05/sq ft (to 100 ft depth) Trunk Sewer Charge -- Service Area: Herndon $496/living unit Wastewater Facilities Charge $2,119/living unit Copper Avenue Sewer Lift Station Charge $650/living unit Copper River Trunk Sewer Charge $135/living unit WATER REQUIREMENTS General Conditions 81. Separate water services with meter boxes shall be provided to each lot created. 82. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 83. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 84. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. %WF1 Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 13 Right-of-Way Acquisition 85. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 86. 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. 87. 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. 88. Should such acquisition not be accomplished by the subdivider/owner prior to Final Map approval, the subdivider/owner 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/owner 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. 89. The subdivider/owner 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 90. The subdivider/owner 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 March 26, 2007. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 91. The subdivider/owner shall comply with the San Joaquin Valley Air Pollution Control District letter dated March 12, 2007. PACIFIC GAS AND ELECTRIC COMPANY 92. The subdivider/owner shall comply with the requirements in the letter From the Pacific Gas and Electric (PG&E) Company. *4W1 -aw, Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 14 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 ft depth) c. Oversize Charge* $0.05/sq ft (to 100 ft depth) d. Trunk Sewer Charger $496/living unit Service Area: Herndon e. Wastewater Facilities Charge4 $2,119/living unit f. Copper Avenue Sewer Lift Station Charge* $650/living unit g. Copper River Trunk Sewer Charge $135/living unit h. House Branch Sewer Charger N/A WATER CONNECTION CHARGES FEE RATE h. 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. i. Frontage Charge* $6.50/lineal foot j. Transmission Grid Main Charge* $643/gross acre (parcels 5 gross acres or more) k. Transmission Grid Main Bond Debt Service Charge* $243/gross acre (parcels 5 gross acres or more) I. UGM Water Supply Feer $456/living unit Service Area: 101-S m. Well Head Treatment Feer $0/living unit Service Area: 101 n. Recharge Feer $0/living unit Service Area: 101 Conditions of Approval Vesting Tentative Tract Map No. 5838/UGM August 1, 2007 Page 15 o. 1994 Bond Debt Service* $895/living unit Service Area: 101 DEVELOPMENT IMPACT FEE FEE RATE p. Fire Facilities Impact Fee - Citywide♦** $539/living unit q. Park Facility Impact Fee - Citywide*** $3398/living unit r. *Quimby Parkland Dedication Feev** $1120/living unit s. Police Facilities Impact Fee - Citywide*** $624/living unit t. Traffic Signal Charge-6 $414.69/living unit u. Regional Street Impact Fee $549/living unit v. Local Major Regional Street Impact Fee $1522/living unit w. Special Interior Collector Street Impact Fee $4685/living unit x. Street Acquisition/Construction Charge N/A Notes: *This amount if paid is creditable against the Park Facility Impact Fee. ** Fee applicable to all maps accepted for filing after August 30, 2005 * Due at time of subdivision. * Due at time of development. ♦ Due at occupancy. .6 Deferrable through Fee Deferral Covenant. ,ter lwo� City of DATE: March 29, 2007 TO: Mike Sanchez, Supervising Planner Development Department, Planning Division THROUGH: Bryan D. Jones, T.E., Traffic Engineering Manager Public Works Department, Engineering Division THROUGH: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Division FROM: Justin Steffler, Engineering Technician I Public Works Department, Engineering Division SUBJECT: Public Works Conditions of Approval TT 5838 & C-07-014 (Riverbank between Cedar and Maple) Copper River Southwest, LLC/Gary G. Giannetta Civil Engineering and Land Surveying 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 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: Copper River Drive: Modified Collector Clearly identify and detail all existing offsite improvements on the TT-5838 and C-07-014. 1. If not existing, dedicate 47' of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. Dimensioned street cross sections shall be shown on the map for any proposed public streets varying from adopted city standard streets. 2. If not existing, construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Page 1 of 3 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\T-5838 Riverbank btwn Cedar and Maple.doc N 'w NW Exhibit "D". A 2' pedestrian easement is required —OR— provide proposed cross section for review and approval. 3. If not existing, construct 20' of permanent paving (measured from face of curb) within the limits of this subdivision. 4. If not existing, construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets or submit alternate lighting plan for review and approval. 5. Relinquish direct vehicular access rights to Riverbank Avenue from all lots within this subdivision. Interior Streets: (Private) Construct sidewalk on both sides of the street to ADA standards. Specify on the map if the interior streets are proposed to be public or private. Specific Mitigation Requirements: Planner to require the developer to provide all items below prior to Planning Commission Hearing 1. This tract will generate 71 a.m. 195 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 2. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. Identify the second point of access. If the area adjacent to lots 1 and 8 and is for emergency access, construct a fire access lane across parkway to Public Works Standard P-67. 3. Revise Site Plan: See lot 8: Proposed driveway approach shall be perpendicular to the curb face. 4. Provide a cross sectional detail of the center island in the north east corner of this tract on the map. Verify accessibility with the fire department and solid waste. 5. Alley: Proposed alley must be a minimum of 25' of"shared" access. Existing map is only identifying 20'. Currently the applicant is proposing to utilize private property for ingress/egress of adjacent lots. A private access (ingress/egress) easement may be required on each side. Revise map. See chart below for the minimum requirements. 1 car garage 2 car garage Minimum Backup 9' wide clear 18' wide clear 27' 9 '/Z' wide clear 19' wide clear 26' 10'wide clear 20 wide clear 25' Absolute Minimum 6. Revise map and site plan to provide curb ramps on both sides of the entrance at Copper River Drive to Public Works Standard P-29, corner cuts are not required. (P-28 shown) 7. Entry: Provide a minimum of 75' from the proposed gate to the back of sidewalk, for vehicular stacking. Submit the redesign to Louise Gilio or an operational statement stating that the gate is to remain open during peak hours to the Traffic Engineering Manager, Bryan Jones, at least one week prior to the Planning Commission Hearing. 8. Garage door Location: Redesign by providing 18' minimum between the garage door and back of sidewalk to prevent blocking the path of travel for pedestrians —OR— provide a red curb to prohibit parking. 9. Redesign May Be Required: Adequate backing distance is not obvious. Provide a detail for the following lots: 1, 24, & 42. See attached Exhibit "C". Page 2of3 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\T-5838 Riverbank btwn Cedar and Maple.doc %W ,..� 10. For parking restrictions, see chart below: 36' minimum curb to curb Parking allowed both sides < 36' to 31' minimum curb to curb Parking is allowed on one side, red curb required. < than 31' curb to curb No parking is allowed, red curb required. ,Tk� 1Q�\, 2W-� CLtUr�Ir PEC `T(� Traffic Signal Mitigation Impact Fee: -6 1- OET EM ) IqE 0 A 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: This subdivision is outside the current UGM boundaries but within the City sphere of influence. The applicant has proposed an impact fee program to fund infrastructure needed to address specific impacts associated with the proposed Tract. As a minimum, the impact fee program shall facilitate construction of the street and intersection improvements within and adjacent to this subdivision. The Applicant shall cause to prepare an amendment to the UGM program for Council consideration to adopt the proposed impact fees for this subdivision. The Applicant shall identify a mechanism to fund maintenance of all landscape, entrance features, benches, trails, lighting, etc. within the proposed public easements. The Applicant may utilize a homeowners association or they may petition the Council to form a Community Facilities District in accordance with state guidelines and statutes. State of California Department of Transportation (Caltrans) Fees: Applicant shall pay fair share contribution as determined by the State of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineering prior to a Final Map. Page 3 of 3 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\T-5838 Riverbank btwn Cedar and Maple.doc I U J >- CL Q F– z D W LW Q U a z Q z WI J Q co -�— P:� pq Q ry C U z w H W M r/ W ::D 0!� U U z U �o City of DEPARTMENT OF PUBLIC UTILITIES April 16, 2007 TO: Mike Sanchez, Supervising Planner Planning and Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: Chris Weibert, Management Analyst H Y, Department of Public Utilities, Administration SUBJECT: TT 5838/UGM and C-07-014 Solid Waste Conditions of Approval -REVISED Location: North side of East Riverbank Avenue between North Maple and North Cedar Avenues The Department of Public Utilities, Solid Waste Division, has completed a review of the Vesting Tentative Tract Map 5838/UGM and Conditional Use Permit C-07-014 that was submitted by Gary G. Giannetta on behalf of Copper River Southwest, LLC. The following requirements and conditions are to be placed on this vesting tentative tract map and conditional use permit application as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5838 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and not blocking any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-404 Solid Waste Disposal Regulations, Section C,10. No Solid Waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 9-405 Solid Waste, Recycling and Green Waste Regulations, Section 10, I. No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Page 1 of 2 Conditions Of Approval Tr5838_Revised.Doc • Solid Waste requirements for the multi-family lots (totaling 57 units) shall be addressed upon the submittal of future applications. Special Requirements: • Alleys shall be a minimum of 18' wide and designated No Parking. • Those lots that have a frontage of less than 40' and a driveway shall have shared driveways. Solid waste containers require 17' of clear space at the edge of the curb when placed out for servicing. Covenant Requirements: • Lots 1 and 2 shall place their containers on the south side of Lot 47 for servicing on Solid Waste service days. • Lot 42 shall place their containers on the north side of Lot 51 for servicing on Solid Waste service days. • Lot 24 shall place their containers on the northeast side of Lot 89 for servicing on Solid Waste service days. Page 2 of 2 Conditions Of Approval TT5838_Revised.Doc City of FRESN4!� FIRE DEPARTMENT Date: March 8, 2007 To: MIKE SANCHEZ, Planner III Planning and Development Department , Advance Planning From: RANDI EISNER, Senior Fire Prevention Inspector Fire Department, Fire Prevention & Investigative Services Subject: T-5838-UGM and C-07-014, a 94-lot single-family residential gated private street planned development project with 2 multi-family residential lots with 21 and 36 future residential units on 23.7 acres of R-1-UGM zone property located on the north side of East Riverbank Avneue between North Maple and North Cedar Avenues. Hydrants Public streets hydrant(s) must be installed. Coordinate street hydrant locations with Public Works. Fire hydrants shall be installed, tested, approved, and all surface access roads shall be installed and made serviceable prior to and during the time of construction. The hydrant 4 1/2" outlet shall face the access lane. General Two means of ingress/egress must be provided. This access must be maintained during all phases of development. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. Streets highlighted on the plan shall be identified as fire lanes as provided in the California Vehicle Code, Section 22500.1. Designate highlighted curbs as fire lanes (red curb with "Fire Lane" in 3" white letters every 50 feet or approved signs every 50 feet). Provide sign(s) (17" X 22" minimum) at all public entrance drives to the property "Warning- Vehicles stoppped, parked or left standing in fire lanes will be immediately removed at owner's expense- 22658 California Vehicle Code - Fresno Police Department 621-2300." All gates on common access drives shall be equipped with approved Police/Fire bypass locks (BEST LOCKS: Padlock 21 B700 series or Cylinder lock 1 W7B2). Gates/fences shall not obstruct the minimum width required for fire lanes. Emergency Access Only Roadways Emergency accesses are required to be dedicated fire protection easements. Road surface shall be of an all weather construction. Gates, posts or other barriers suitable to the Fire Department are required to be installed at the entrance to an "emergency access only" roadway. The entrance to all emergency accesses shall be posted with permanent signs: "FIRE ACCESS (6" LETTERS) vheicles removed at owner's expense(2" letters) FRESNO POLICE DEPARTMENT 621-2300 (1" letters). All gates on the "emergency access roadway" shall be fitted with a Police/Fire bypass lock(BEST LOCKS: Padlock 21 B700 series or Cylinder lock 1 W7B2). Gates/fences shall not obstruct the minimum width required for fire lanes. Other Access is not acceptable unless a second point of access is provided to an existing street. The project is subject to city wide fire service fees. DEPARTMENT OF P BC WOR KS TO: Mike Sanchez, Supervising Planner Planning Division r I- FROM: Hilary Kimber Parks Supervisor II DATE: May 25, 2007 SUBJECT: Vesting Tentative Subdivision Map T-5838 (Located north side of East Riverbank Avenue between North Maple Road and North Cedar Avenues) The Department of Public Works has reviewed the Vesting Tentative Map proposed on engineering plans prepared by Gary Giannetta, dated February 5, 2007. The Department of Public Works offers the following comments regarding the Street Tree,Buffer/Parkway,Trails and Median Island Landscape conditions. GENERAL REQUIREMENTS STREET TREES REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and for the dedication of all landscaping easements for planting, buffers and trails. Fresno Municipal Code requires street trees to be planted at the minimum rate of one tree for each 60' of street frontage. Street trees shall be planted by the Developer. The subdivider is required to provide an automatic irrigation system with bubblers provided for all trees. The irrigation system shall comply with FMC 12-306-23. The Public Works Department will NOT recommend tree species for this tract at this time. However, landscape/irrigation plans will be required to be submitted for review and approval. 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. Trees shall be planted within a 10 foot P.P.U.E. 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" and all applicable codes and ordinances. c. Landscape Plans shall indicate street tree planting locations and species. 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. N%ww BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and right-of-way. The subdivider may petition for annexation in the Community Facilities District (CFD), or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the CFD. 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. Landscape and Irrigation Plans shall be included in the Department of Public Works street construction plan set submittal for the final map. These fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's CFD. A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990 and the Public Works Standard Specifications. Landscape and irrigation plans shall comply with Sections 12-306-23&24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/engineering Services Division. D. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. E. No private flags,signs or identification of any kind shall be permitted in the right-of-way,within the City-controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project,applicants shall be required to submit Plans to the Public Works/Engineering Services showing the location and configuration of all median islands fronting the proposed project for review and evaluation for median island landscaping requirements prior to approval of Final May. Landscape and irrigation is required for all new construction of median islands and shall be applied in accordance with the City of Fresno/Public Works Department Standards and FMC section 12-306-24. 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. Trees shall not be planted in sections which are less than eight(8)feet wide. 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. v •WWI OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the CFD. If the outlots are to be included into the CFD, the Department of Public Works will require approving landscape and irrigation plans prior to inclusion into the CFD. MULTIPURPOSE TRAILS 1. All proposed Multipurpose Trails shall be constructed in accordance with all City requirements and standards. Cross-sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review and approval. All outlots shown for the purpose of a community trail shall be dedicated as a public trail easement. Community trails shall be included on both street plans and landscape/irrigation plans submitted to the Department of Public Works for review and approval. `"' File No.210.413 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. it aro Planning COPPER RIVER SOUTHWEST. G H g Mana er g LLC Planning& Development Department 1396 W. HERNDON AVE., SUITE 101 C City of Fresno FRESNO, CA 93711 2600 Fresno Street - Fresno, CA 93721 PROJECT NO. 2007-014 PRELIMINARY FEE(S) (See below) DRAINAGE AREA " DE - DRAINAGE AREA " DE " $182,562.00 DATE 3— Z(p_ DRAINAGE AREA - " - APN 579-073-12S & 71S TOTAL FEE $182,562.00 ADDRESS N/S RIVERBANK BTWN MAPLE AND CEDAR The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District O in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior O to issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through March 24,20 07 based on the site plan submitted to O the District on 02/21/07 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 tuning or form of fee payment: O a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 2007-014.cis 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document IM.' � FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 % 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. I as "Master Plan Facilities to be constructed by Developer". X None required. ;. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through X d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) 2007•014.X6 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document r.r Valor FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 7• The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be O generated by operations at the development after construction. ■ a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground O that result in soil disturbance of at least one acre (or less than one acre if part of a larger O 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 y Board (State Board), develop and implement a storm water pollution prevention plan, , eliminate non-storm water discharges, conduct routine site inspections, train employees in O 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 mph 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. 2007-014.xis 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document `- N-81W FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. &,�_s4wxl Gerald E. Lal eman, Project Engineer: Neda Shakeri District Engineer C: GARY G. GIANNETTA 1119 "S" STREET FRESNO, CA 93721 2007-0WAs 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document V - � 00 �' a ••.��'•. .� Q Q o 0 A °zF or I � 3ld` V4 A p M1►� �„ \ \\ to r a U # ' I A C4 I o O • I � Z oc� t. X uj \ O 0 CL a) m $ 00 v - U 1 • LL- m CO a) m v p z L= v 2 O uZ O •�� 0 0 cm m o N y m H O U N p� N I-• N U `.•` Cc = N a O Z c 'L uj -0 \ O Q. U a )— C LL. a) (d 3 N O C a a) d O 0.d m '•�• a ca IL O ca ma) M C € p � \ c c y m y ca a) n m -in J r.=o la m a� ca ca a ... 1UPr OTHER REQUIREMENTS EXHIBIT NO. 2 The developer shall construct the inlet facilities identified on Exhibit No. 1 within the boundary of CUP 2007-014 and thereby obtain permanent drainage service. The District recommends temporary facilities until permanent service is available. The Master Plan system has been designed such that during a two-year event flow will not exceed the height of the 6 inch curb. Should wedge curb (4.5 inches height)be used the same criteria shall apply whereby flow remains below the top of curb. Any extensions or pipe size increases due to meeting the requirement listed above shall be at the developer's expense. Major storm flows from north of CUP 2007-014 (all north portion of Copper River Ranch) have historically flowed south across the northerly property line of CUP 2007-014. The developer will be responsible for accommodating the passage of this major storm flow including, but not limited to, setting North Via Venice Lane and North Via Montessori Drive wide enough to pass -the major storm. However,the street grades, width and patterns shall be consistent with the Flood Study that has been done by Provost & Pritchard. For the area of CUP 2007-014(previously referenced as Tract 5269),the Master Plan facilities have been designed for a 42% lot coverage plus an additional 10% supplemental, which equals a run-off coefficient of 0.46. Should CUP 2007-014 develop with lot coverage exceeding the runoff coefficient of 42%, the developer shall be required to mitigate the impacts of the increased run-off due to the increase in lot coverage to a rate that would be expected if developed to a 46%maximum runoff coefficient. Mitigation may be accomplished in the form of onsite retention,modifications to the storm drainage system or reduction in the runoff from Village "G". A minimum twenty-foot (20') wide storm drain easement will be required whenever storm drain facilities are located on private property. No encroachments into the easement will be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. There is currently $115,978 available in construction credits from the original development agreement for Tract 5205 that could be applied toward a portion of the fee indicted on Page 1 of this notice. Should other subdivisions covered under the original agreement finalize their maps prior to CUP 2007-014, this credit will be applied to the first finalized maps, unless indicated otherwise by Copper River Development Company, Inc. The attached exhibit titled "Original Basin "DE" Improvements" from Agreement No. 1256(D)-DE, identifies the remaining facilities to be constructed as"required"and shall be a requirement of CUP 2007-014. The cost of these remaining facilities will also be available as construction credits and may applied against the drainage fees for CUP 2007-014. Development No. CUP 2007-014 engr\permit\exh ibits2\city-cup\2007\2007-014(ns) err -.r ORIGINAL BASIN "DE" IMPROVEMENTS Description Eligible Quantity Status Fence, Fence Pad& Gates 4,598 Lineal Feet Remaining 98 LF required Concrete Mowstrip 4,598 Lineal Feet Remaining 98 LF required Sprinkler and Turf 16.2 Acres Required Street Paving, Local (18 ft. wide) 1,661 Lineal Feet Approximately 1,000 LF required Curb and Gutter 1,661 Lineal Feet Approximately 1,000 LF required Sidewalk (10 ft. wide) 1,661 Lineal Feet Approximately 1,000 LF required Sewer Line 1,661 Lineal Feet Complete Water Line 1,661 Lineal Feet Complete Street Lights 1,661 Lineal Feet Complete Pump Station (10 cfs) and Intake One Structure Required Water Grid Main Charge 16.2 Acres Required Well Charge 16.2 Acres Required Water Tap and Meter One Structure Required Telemetry System One Structure Required Internal Pipe Lengths: 15" Storm Drain 610 Lineal Feet Complete 18" Storm Drain 520 Lineal Feet Complete 24" Storm Drain 400 Lineal Feet Complete Outfall Structures Total of 5 structures Complete Exhibit No. 5 J:MProcess\NedaS(NS)l2-007\mist\orig de improvements exhibt 5.doc JHN.CG.2000 3.52PM CAL TRANS PLANNING NO-2G0 P. 1i1 sTgT�nF rar�Q��[x—Rilsit•iFss rR_�rr�s.� Rrrt?N n�tD xoC�,�o�SL��Y ,y, ,aRSrnr n 5r�sy F_a?F�r�'Gc'FR covcr„�r DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVFMJE P.0, BOX 12616 FRESNO,CA 93778-2616 PHONE (559)445-6666 FAX (559)488-4088 Be energy e�eicnt( TTY (559)488-4066 January 26, 2006 JAN 2 7 ��Iglyy DEVELOpME11Tp 2131 rlGP/CEQA C1Ty OF FRF No 1Ei�1�- 6-FRt-41-3 I-6+/- C-05-247 &T-5268 COPPER RIFER RANCH Mr. Mike Sanchez City of Fresno Development Dcpartment 2600 Fresno Street,Third Floor Fresno, CA 93721-3604 - Dear Mr. Sanchez; We have reviewed the proposed use permit and map for the 381-1t single•-family residential project within the Copper Rivet'Ranch Development located on the north side of East Copper Avenue between North Friant Road and North Willow Avenue. Caltrans has the following cominents: The applicant for the Copper River Ranch Development has agreed to pay a fair share of$700,000 to mitigate for the project's impacts to State Route 41/Friant Road interchange. We now have a signed`Tro Rata Share Agreement"formalizing the mitigation. Caltrans has no further comments on this use permit or map application. We request that this letter be made a part of the permanent public record for this project and that a copy of our letter be included in any staff reports for this proposal_ This will provide the decision- xualdng body and the general public with a complete and accurate environmental evaluation for the proj ect- If you have any questions,please call me at(559) 445-6666- — Sincerely, Y 4 -MC MOSES STITES Office of Transportation Planning District 6 C:Mx_ Jeff Roberts, Granville Homes Ms Barbara Goodwin, Council of Fresno County Governments -Caltrans improves mobitiry across CWLTbrnfa- MAR. 14.2007 3-._53PrI CLOVIS UNIF SCH DIST NO.913 P.1 %WWI C LOVIS I E u N I F D March 13, 2007 C SCHOOL DISTRICT Mike Sanchez Supervising Planner 1650 HEMDON AVENUE City.of Fresno CLOVISXA93611-0599 Planning&Development Department 559.327.9000 2600 Fresno Street, Third Floor wwwdowsu6dA1Z-"us Fresno, CA 93721-3604 SUBJECT: Tentative Tract No. 5838 and Conditional Use Permit No. C-07-14 Northside of East Riverbank Avenue between North Maple and North Cedar Avenues GOVERNING BOARD Dear Mr. Sanchez: Sandra A.Bengel Brian D.Hayfb d The purpose of this letter is to provide school district information relative to the OnnyLHovscplan above-referenced applications and to comply with Business and Professions Code RC.hA. Richard take. . EA (b)( �\ ) 11 A rabeth 1.Sandoval section 11010, subdivision regarding the provision of school-related Jim Van Volklnt Ln.D.D_S. information to the subdivider/owner and the State Department of Real Estate. Susan M. Walker, D.H.Sc. Project development will affect the District by generating students that will need to be housed in District schools_ Assuming that the project will be developed with 94 single family units and 57 multiple family units, the following comments can be made at this time: ADMIHISMAEON 1. The number of students generated by the project is estimated as follows: grades Tcny Bradley.M.D. K-6, 45 students; grades 7-8, 11 students; grades 9-12, 19 students. Superintendent Virginia R.Softs,Ed.D. 2. Elementary School Information.: Azwcfaee Supegneendenr Da�r�S�ei�L Kaiser.Ed.D. Also t wtcsuperinteadcnt (a) The project site is presently within the attendance area of the elementary William c MCGulm school (grades K-6) listed below. AesockVe Supedn tender t Janet h Yr ° AssociateSupenncarder r School Name: Fugman Elementary School uppe Address: 10825 N. Cedar Avenue,Fresno, CA 93730 Telephone: (559) 327-8700 Capacity: 742 Enrollment: 458 (CBEDS Enrollment 2006-07 School Year) (b) Because of rapid growth in the District and the District's plans for construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than Fugman, and (2) students residing in the project area may attend more than one elementary school within the District during their elementary school years. MAR.14.2007 3:54PM CLOVIS UNIF SCH DIST N0.913 P.2 '*Mr 4111.0 Mike Sanchez March 13,2007 Page 2 (c) The western portion of the Copper River development (in which Tract No. 5838 is located) is proposed to be moved from the Fugman Elementary School attendance area to the Valley Oak Elementary School attendance area as of the 2007-08 school year. The District Governing Board is scheduled to take action on this proposal at the April 11, 2007 Board meeting. 3. Intermediate and High School Information: (a) The project site is currently served by the following intermediate school (grades 7-8) and high school(grades 9-12): School Name: Alta Sierra.Intermediate School Address: 380 W. Teague Avenue, Clovis, CA 93611 Telephone: (559)327-3500 Capacity: 1,453 Enrollment: 1,805 (CBEDS Enrollment 2006-07 School Year) School Name: Buchanan High School Address: 1560 N.Minnewawa, Clovis, CA 93611 Telephone: (559) 327-3000 Capacity: 2,990 Enrollment: 3,243 (CBEDS Enrollment 2006-07 School Year) (b) Clovis North High School and Granite Ridge Intermediate School are under construction at the northwest corner of Willow and Intemational Avenues. These facilities will serve grades 7, 8 and 9 for the 2007-08 school year and will be phased into full operation (grades 7-12) by the 2010-11 school year. These facilities will reduce enrollment at Buchanan High School and Alta Sierra Intermediate School. Note_ (c) As of the 2007-08 school year, the project site will be within the attendance area of Kastner Intermediate School and CIovis West]high School(information below): School Name: Kastner Intermediate School Address: 7676 N.Fust Street,Fresno, CA 93720 Telephone: (559) 327-2500 Capacity 1,334 Enrollment: 1,323 (CBEDS Enrollment 2006-07 School Year) MAR. 14.3007 3:54PM CLOVIS UNIF SCH DIST N0.913 P�3 Mike Sanchez March 13, 2007 Page 3 School Name: Clovis West High School Address: 1070 E. Teague Avenue,Fresno, CA 93720 Telephone: (559) 327-2000 Capacity: 2,769 Earolhnent: 2,690 (CBEDS Enrollment 2006-07 School Year) 4. Bus transportation is currently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than two and one-half miles from school. Transportation will be available for students attending the above-identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. 5. The District currently levies a school facilities fee of S3.13 per square foot for residential development_ The fee is adjusted periodically in accordance with law and may increase or decrease. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. The District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project. Thank you for the oppommity to comment on the project. Please contact me if you have any questions regarding this letter. cerely, Bill McGuire ,Associate Superintendent Administrative Services `pe San Joaquin Valley AIR POLLUTION CONTROL DISTRICT MAR i 2W? Mike Sanchez City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721-3604 Project: File No.: T-5838, C-07-14 Subject: CEQA comments regarding 23.7 acre development of a 94 lot SFR gated private street located on the north side of E. Riverbank Ave. between N. Maple and N. Cedar Ave.; APN 579-073-12S & 71 S. District Reference No: 200700331 Dear Mr. Mike Sanchez: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: Findings of Significance The San Joaquin Valley Air Basin is currently designated as serious non-attainment for Ozone and non-attainment (no classification) for PM2.5. On October 30, 2006, the US EPA found that the San Joaquin Valley had attained the PM10 standard. The US EPA based its determination upon monitoring data demonstrating that the ambient air quality had met the requirements for attainment. The US EPA's finding does not change the District's classification as a serious PM10 non-attainment to attainment area. However, re-designation from serious non-attainment to attainment requires additional documentation and will occur at some future date. This project would contribute to the overall decline in air quality due to construction activities in preparation of the site, and ongoing traffic and other operational emissions. Based on the information provided, the District expects that the project would not exceed the District's Thresholds of Significance for ozone precursors of 10 tons per year of reactive organic gases (ROG) and oxides of nitrogen (NOx). However, the Seyed Sadredin Executive Director/Air Pollution Control Officer Northern Region Central Region(Main Office) Southern Region 4800 Enterprise Way 1990 E.Gettysburg Avenue 2700 M Street,Suite 275 Modesto,CA 95356.8718 Fresno,CA 93726-0244 Bakersfield,CA 93301-2373 Tel:(209)557.6400 FAX:1209)557-6475 Tel:(559)230.6000 FAX:(559)230.6061 Tel:(661)326-6900 FAX:(661)326-6985 www.valleyair.org Mr. Sanchez Page 2 of 7 T-5838, C-07-14 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: Applicable District Rules The District does not consider compliance with District regulations to be mitigation. As such, emissions reductions as a result of compliance with District regulations should be considered as part of the project. Mitigation measures are those measures taken to lower emissions above and beyond what is required by compliance with District rules. The District believes this distinction is important because mitigation measures will require the preparation of a mitigation monitoring program that provides the schedule for implementation and the enforcement mechanism. Based on the information provided, the proposed project will be subject to the District rules identified below. These rules have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Rules not enumerated below. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230- 5888. Current District rules can be found at www.valleyair-org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions) Rules 8011-8081 are designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demolition activities, road construction, bulk materials storage, paved and unpaved roads, carryout and track out, landfill operations, etc. The District's compliance assistance bulletin for construction sites can be found at www.valleyair.org/busind/comply/PM10/Reg VIII CAB.pdf. If a residential project is 10 or more acres in area or the project will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials on at least three days, a Dust Control Plan must be submitted as specified in Section 6.3.1 of Rule 8021 . Construction activities shall not commence until the District has approved the Dust Control Plan. A template of the District's Dust Control Plan is available at www.valleyair.org/busind/comply/PM 10/forms/DCP-Form.doc Rule 4002 (National Emission Standards for Hazardous Air Pollutants) In the event that any portion of an existing building will be renovated, partially demolished or removed, the project will be subject to District Rule 4002. Prior to any demolition activity, an asbestos survey of existing structures on the project site may be required to identify the presence of any asbestos containing building material (ACBM). In accordance with CAL-OSHA requirements, a certified asbestos contractor must remove any identified ACBM having the potential for disturbance. If you have any questions concerning asbestos related requirements, please contact the District's Compliance Division at (559) 230-6000 or contact CAL-OSHA at (559) 454-1295. The District's Asbestos Mr Sanchez Page 3 of 7 T-5838, C-07-14 Requirements Bulletin can be found online at http://valleyair.org/busind/comply/ asbestosbultn.htm. Rule 4102 (Nuisance) This rule applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) This rule regulates the use of open burning and specifies the types of materials that may be open burned. Agricultural material shall not be burned when the land use is converting from agriculture to non-agricultural purposes (e.g., commercial, industrial, institutional, or residential uses). Section 5.1 of this rule prohibits the burning of trees and other vegetative (non-agricultural) material whenever the land is being developed for non-agricultural purposes. In the event that the project applicant burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action. The following conditions apply to the vineyard and orchard removal: Open burning is prohibited at this project site, per Rule 4103. All chemically treated wood (i.e. stakes and end posts) from the vineyard must be removed and disposed of properly. Treated wood shall not be shredded or chipped. If shredding or chipping equipment is to be used for processing the vineyard and orchard waste, the equipment shall be permitted by the District, or registered by the California Air Resources Board or the District as Portable Equipment. Visible emissions created from the shredding or chipping equipment shall not exceed 20 percent opacity or Ringlemann 1 and any standard specified on a Permit to Operate or Portable Equipment Registration Certificate. Rule 4601 (Architectural Coatings) This rule limits volatile organic compounds from architectural coatings by specifying architectural coatings storage, clean up and labeling requirements and applies to any person who supplies, sells, offers for sale, applies, or solicits the application of any architectural coating. Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations) If asphalt paving will be used, then paving operations of this project will be subject to Rule 4641 . This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations. Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) This rule limits PM10 and PM2.5 emissions from residential development. Construction plans for residential developments may be affected by section 5.3, specifically: 5.3.1 — No person shall install a wood burning fireplace in a new residential development with a density greater than two (2) dwelling units per acre. 5.3.2 — No person shall install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre. Mr. Sanchez �"'� �+` Page 4 of 7 T-5838, C-07-14 5.3.3 — No person shall install more than one (1) wood burning fireplace or wood burning heater per dwelling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre. More information about Rule 4901 can be found on our website at www.vallevair.org. For compliance assistance, please contact Mr. Wayne Clarke, Air Quality Compliance Manager, at (559) 230-5968. Rule 9510 (Indirect Source Review) This rule was adopted to reduce the impacts of growth in emissions from all new development in the San Joaquin Valley. Rule 9510 requires applicants subject to the rule to provide information that enables the District to quantify construction, area and operational PM10 and NOx emissions, and potentially mitigate a portion of those emissions. Rule 9510 requires construction exhaust emissions to be reduced by 20 percent for NOx and 45 percent for PM10 and operational emissions to be reduced by 33.3% for NOx and 50% for PM10 when compared to the statewide fleet average. The rule is applicable to any applicant (any person or entity that undertakes a development project), which upon full build out for residential purposes 50 homes or more. An application must be filed with the District no later than concurrent with application with a local agency for the final discretionary approval. For more information and instruction, please contact the District's ISR staff by phone at (559) 230-6000 or by email at ISR@valleyaiL,.gM. Recommended Mitigation Measures The District encourages innovation in measures to reduce air quality impacts. There are a number of features that could be incorporated into the design/operation of this project to provide additional reductions of the overall level of emissions. (Note: Some of the measures may already exist as City of Fresno development standards). Any measure selected should be implemented to the fullest extent possible. The suggestions listed below should not be considered all-inclusive and are options that the agency with the land-use authority should consider for incorporation into the project. Large canopy trees should be carefully selected and located to protect the building(s) from energy consuming environmental conditions, and to shade 50% of paved areas within 15 years. Also, trees should be planted adjacent to all sidewalks 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. For more information see www.hort.cornell.edu/uhi/outreach/csc/, www.ufei.org/, www.coolcommunities.org/, www.lqc.org/bookstore/energ /downloads/siv tree quidelines.pdf, and www.fs.fed.us/ psw/programs/cufr/ If transit service is available to the project site, improvements should be made to encourage its use. If transit service is not currently available, but is planned for the area in the future, easements should be reserved to provide for future improvements such as bus turnouts, loading areas, route signs and shade structures. Mr. Sanchez %UPW ame Page 5 of 7 T-5838, C-07-14 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); energy efficient windows, lighting, appliances, and heating/cooling systems; programmable thermostats. For more information see www.energy.ca.gov/title24/ and www. energystar.gov/. Use Low and No-VOC coatings and paints. For more information see South Coast's site for No-VOC Coatings at www.agmd.gov/prdas/brochures/paintguide.htmi. High-albedo (reflecting) roofing material. For more information see http:Heetd. Ibl.gov/coolroof/. Cool Paving. "Heat islands" created by this and similar projects contribute to the reduced air quality in the valley by heating ozone precursors. See www.harc.edu/harc/Projects/CoolHouston/ and http:Heande.lbl.gov/heatisland/. • Features to promote energy self-sufficiency (solar water-heating systems, photovoltaic cells, solar thermal electricity systems, small wind turbines, etc.) Rebate and incentive programs are offered for alternative energy equipment. For more information see www.energV.ca.gov/renewables/, www.dsireusa.org/, and hftip:Hrredc.nrel.gov/. • Awnings or other shading mechanism for windows and porch, patio and walkway overhangs Ceiling fans, whole house fans Utilize passive solar cooling and heating designs. (e.g. natural convection, thermal flywheels). See http://www.eere.energy.gov/consumer/renewable energy/solar/ index.cfm/metopic=50011. • Utilize day lighting (natural lighting) systems such as skylights, light shelves, interior transom windows etc. For more information see www.advancedbuildings.org/. • Electrical outlets around the exterior of the unit(s) to encourage use of electric landscape maintenance equipment • Natural gas fireplaces (instead of wood-burning fireplaces or heaters) • Natural gas lines (if available to this area) in backyard or patio areas to encourage the use of gas barbecues Construct paths to connect the development to nearby bikeways or sidewalks. For more information see www.vtpi.org/tdm/tdm85.htm and www.bicyclin_qinfo.org/. clinginfo.org/. • Pre-wire the unit(s) with high speed modem connections/DSL and extra phone lines • Exits to adjoining streets should be designed to reduce time to re-enter traffic from the project site More information can be found at www.ciwmb.ca.gov/GreenBuilding/, www.lgc.org/, www.sustainable.doe.gov/, and www.consumerenergvicenter.org/index.htmi. Construction activity mitigation measures include: • Limit area subject to excavation, grading, and other construction activity at any one time Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use Mr Sanchez `� " Page 6 of 7 T-5838, C-07-14 Replace fossil-fueled equipment with electrically driven equivalents (provided they are not run via a portable generator set) Require that all diesel engines be shut off when not in use to reduce emissions from idling Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, and "Spare the Air Days" declared by the District. • Implement activity management (e.g. rescheduling activities to reduce short-term impacts) • During the smog season (May through October), lengthen the construction period to minimize the number of vehicles and equipment operating at the same time. • Off road trucks should be equipped with on-road engines when possible. Minimize obstruction of traffic on adjacent roadways. The District encourages the applicant and fleet operators using the facility to take advantage of the District's Heavy-Duty Engine program to reduce project emissions. The Heavy Duty program provides incentives for the replacement of older diesel engines with new, cleaner, fuel-efficient diesel engines. The program also provides incentives for the re-power of older, heavy-duty trucks with cleaner diesel engines or alternative fuel engines. New alternative fuel heavy-duty trucks also qualify. For more information regarding this program contact the District at (559) 230-5858 or visit our website at www.valleyair.org/transportation/heavydutyidx.htm. Construction equipment may be powered by diesel engines fueled by alternative diesel fuel blends. The California Air Resources Board (CARB) has certified specific alternative diesel fuel blends for NOx and/or PM emission reductions. Information on alternative diesel fuel blends can be found on CARB's website at www.arb.ca.gov/ fuels/diesel/altdiesel/a.ltdiesel.htm. Alternative-fueled equipment may use Compressed Natural Gas (CNG), Liquid Propane Gas (LPG), electricity, or other designated alternative fuels to achieve greater emission reductions than current diesel equipment. For more information on any of the fuels or technologies above, please contact Mr. Chris Acree, Senior Air Quality Specialist, at (559) 230-5829. Construction equipment may be used that meets the current off-road engine emission standards. Equipment with uncontrolled engines may be repowered with an emissionized engine that meets current standards. Tier I, Tier II, and Tier III engines have significantly less NOx and PM emissions compared to uncontrolled engines. To find engines certified by CARB, see www.arb.ca.gov/msprog/offroad/cert/cert.php_. Construction equipment may also be retrofit with exhaust after-treatment devices that reduce NOx, ROG, and/or PM. A list of retrofit devices can be found on CARB's Diesel Emission Control Strategies webpage, see http://www.arb.ca.gov/diesel/verdev/ vt/vt.htm. For more information on heavy-duty engines, please contact Mr. Thomas Astone, Air Quality Specialist, at (559) 230-5800. District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions Mr.Sanchez 'ti.o, 140W Page 7 of 7 T-5838, C-07-14 or require further information, please call Peter Biscay at (559) 230-5842 and provide the reference number at the top of this letter. Sincerely, David Warner Director of Permits Services V'elt'-- dQ� Arnaud Marjollet Permit Services Manager DW: pb }•!'.�' ='r / '� ,� .{. OFFICES OF ,.� �, '•' � � � .., �� STI O PHONE(559)233-7161 FAX(559)233-8227 2907 SOUTH MAPLE AVENUE _ FRESNO,CALIFORNIA 93725-2218 Your Most Valuable Resource-Water February 22, 2007 � ,z0 Mr. Mike Sanchez F��X�� ` City of Fresno Q`�y�`°Q Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: VTTM No. 5838 & C-07-14, APN: 579-073-12 & 71, N/E Riverbank& Cedar Dear Mr. Sanchez: FID's comments and requests are as follows: 1. FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 317 or bjohnson@fresnoirrigation.com. SiLJohns Br Engineering Technician II Agencies\City\TM5838 C-07-14 BOARD OF President JACOB ANDRESEN Vice-President JEFFERY G BOSWELL DIRECTORS JEFF NEELY EDDIE NIEOERFRANK.STEVEN G BALLS, General Manager GARY SERRATO Street Name Review IP. TM-5838 2-20-07 Street Name Status Required Change East Via Portofino Drive Chane see note blank Add see note East Via Bella io Dr Chane see note East Riverbank Avenue Chane East Copper River Drive North Via Sorrento Lane Good blank Add see note North Via Turin Way Good North Via Tuscany Chane North Via Tuscany Place Note: Submit new street names for private streets for review and approval. Names must be unique to the County of Fresno and must not have the suffix of avenue, road, or street.