HomeMy WebLinkAboutT-5856 - Conditions of Approval - 3/7/2008 City of
irnN-G lUM Ag
Planning and Development Department
2600 Fresno Street ! Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559) 488-1020
March 6, 2008 Please reply to:
Bonique Salinas
(559) 621-8024
Dwayne Smith
P.O. Box 692
Monterey, CA 93942
SUBJECT: Final action by the Fresno City Planning Commission and the Fresno City Council
regarding Rezone Application No. R-07-04,Tentative Tract Map No.5856,and Conditional
Use Permit Application No. C-07-05 for property located on the west side of North Maple
Avenue between East Shepherd and East Perrin Avenues
The Fresno City Council conducted a duly noticed public hearing on November 27, 2007, to consider
Rezone Application No. R-07-04. This application relates to the proposed development of an
approximately 2.7 acre 30-unit senior housing complex. Following a full and complete hearing,the Council
adopted Ordinance No. 2007-91, relating to the above application as follows:
1. ADOPTED Ordinance Bill No. 2007-91 (enclosed) that rezones the site from the AE-
20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management)zone district to
the R-1/UGM (Single Family Residential/Urban Growth Management) zone district.
The Fresno City Planning Commission previously conducted a duly noticed public hearing on
Novemberl4, 2007 to consider Rezone Application No. R-07-04 (Planning Commission Resolution No.
12757), Tentative Tract Map No.5856(Planning Commission Resolution No. 12758),and Conditional Use
Permit Application No.C-07-05 (Planning Commission Resolution No. 12759). The Commission approved
the tentative tract map and conditional use permit applications and recommended that the Council
approve the rezone application. The tentative tract map and conditional use permit applications were final
at the Planning Commission and, therefore, no Council review was necessary.
Please be advised that pursuant to Section 5 of the enclosed Ordinance Bill,the rezoning ordinance shall
become effective and in full force at 12:01 a.m., thirty-one days after its passage. The Planning
Commission also approved Vesting Tentative Tract Map No. 5856 subject to the enclosed Conditions of
Approval for Vesting Tentative Tract No. 5856 and Conditional Use Permit Application No. C-07-05 dated
November 14, 2007.
Rezone Application No. R-07-04
Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
Page 2
March 6, 2008
Please record this information for your future use. You will receive no further notice regarding these
applications. Should you have any questions relating to this matter, please feel free to contact me.
Sincerely,
PLANNING DIVISION
1
BoAquelin s
Planner
KAMASTER FILES-TRACT MAPSV58W TO 5899 MAPS\TRACT 5856 BONIQUE SALINAS\R-07-04,T-5856,C-07-05-FINAL ACTION LETTER.DOC
Enclosures: Ordinance Bill No. 2007-91
Planning Commission Report, including Conditions of Approval for Tentative Tract Map
No. 5856 and Conditional Use Permit Application No. C-07-05
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 12758
The Fresno City Planning Commission at its regular meeting on November 14, 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. 5856 was filed with the City of Fresno and proposes to
subdivide the subject site into a one common lot condominium subdivision pursuant to a provision of
the California State Subdivision Map Act (Government Code §§66410-66499.58) on approximately
2.7 acres of property located on the west side of North Maple Avenue between East Shepherd and
East Perrin Avenues; and,
WHEREAS, the District 6 Plan and Implementation Committee recommended approval of the
proposed project at their June 25, 2007 meeting; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on November 14,
2007, to review the proposed subdivision and considered the staff report and invited testimony with
respect to the proposed subdivision, and concluded that the vesting tentative tract map is consistent
with the 2025 Fresno General Plan and the Woordward Park Community Plan; and,
WHEREAS, at that same hearing the Commission reviewed related Rezone Application No. R-07-04
proposing to reclassify the subject site from AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban
Growth Management) zone district to the R-1/UGM (Single Family ResidentiaUUrban Growth
Management) zone district; and,
WHEREAS, at that same hearing the Commission reviewed related Conditional Use Permit
Application No. C-07-05 which proposes to develop the subject site with a 30 unit senior housing
complex; and,
WHEREAS, during the November 14, 2007 hearing, the Commission received a staff report and
related information, environmental documents and considered testimony regarding the requested
subdivision; and,
WHEREAS, no neighbors spoke in opposition to the project.
NOW, THEREFORE, BE IT RESOLVED, the Fresno City Planning Commission hereby finds and
determines that there is no substantial evidence in the record to indicate that Vesting Tentative Tract
Map No. 5856 may have a significant effect on the environment as identified by Environmental
Assessment No. R-07-04/T-5856/C-07-05, a Finding of Conformity to the 2025 Fresno General Plan
Master Environmental Impact Report (MEIR No. 10130) dated August 21, 2007.
BE IT FURTHER RESOVLED that the Fresno City Planning Commission finds that approval of the
vesting tentative tract map subject to Section 12-403-B of the Fresno Municipal Code is consistent
with the 2025 Fresno General Plan and the Woodward Park Community Plan and findings required
pursuant to Section 66410 et. seq. of the Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting
Tentative Tract Map No. 5856 subject to the Planning and Development Department Conditions of
Approval dated November 14, 2007.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner DiBuduo, seconded by Commissioner Cherry.
Pl,,.ining Commission Resolution No. 12758
Vesting Tentative Tract Map No. 5856
November 14, 2007
Page 2of2
VOTING: Ayes - DiBuduo, Cherry, Kissler, Torossian, Vasquez
Noes - None
Not Voting - None
Absent - Vang, Holt
DATED: November 14, 2007 KEITH BERGTHOLD, Secretary
Fresno City Planning Commission
Resolution No. 12758
Vesting Tentative Tract Map No. 5856
Filed by Dwayne Smith
Action: Approved
KAMaster Files-2007\Rezone\R-07-004,X-ref C-07-005, 9215 N.Maple, BS\Council\T-5856 PC Reso no. 12758.doc
Recording Requested by:
City Clerk, Fresno, California
No Fee-Govt. Code 6103
Return to City Clerk, Fresno
Space above this line reserved for Fresno County Recorders Office OF Fp,,
ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO
PROPOSED AND INITIATED BY
Oq 'ti.
�T60 01'
MOVED BY Dincan SECONDED BY StPrl i_ng
BILL NO. B-96
ORDINANCE NO. 2007-91
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO
HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE,
CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE
ZONING ORDINANCE OF THE CITY OF FRESNO
WHEREAS, Rezone Application No. R-07-04 has been filed with the City of Fresno by Dwayne
Smith, property owner, to rezone property as described herein below; and,
WHEREAS,pursuant to the provisions of Article 4,Chapter 12,of the Fresno Municipal Code,
the Planning Commission of the City of Fresno held a public hearing on the 14"'day of November,
2007,to consider Rezone Application No.R-07-04 and related Environmental Assessment No. R-07-
04/T-5856/C-07-05, during which the Commission considered the environmental assessment and
recommended to the Council of the City of Fresno approval of the rezone application which proposes
to amend the City's Zoning Ordinance on real property described hereinbelow from the AE-20/UGM
(Exclusive TwentyAcre AgriculturaUUrban Growth Management)zone district to the R-1/UGM(Single
Family ResidentiallUrban Growth Management) zone district; and,
WHEREAS, the Council of the City of Fresno, on the 27'"day of November, 2007, received
the recommendation of the Planning Commission.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS
111 Q>>rj 00�- q 1
Ordinance Amending Official Zone Map • '� .` }',}
Rezone Application No. R-07-04
Page 2
FOLLOWS:
SECTION 1. Based upon the testimony and information presented at the hearing and upon
review and consideration of the environmental documentation provided,the adoption of the proposed
rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own
independent judgment that there is no substantial evidence in the record that the rezoning may have
a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno
General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 21, 2007,
prepared for Environmental Assessment No. R-07-04f1--5856/C-07-05 is hereby approved.
SECTION 2. The Council finds the requested R-1/UGM (Single Family ResidentiaUUrban
Growth Managemeno zone district is consistent with the planned land use designation of medium low
density residential. Although the proposed project density is more than allowed by the medium low
density residential planned land use(2.19 to 6.0 units per acre),according to Section 12-304-13-13 of
the Fresno Municipal Code, a density bonus may be granted when an applicant agrees to develop
the project as Housing for Senior Citizens. According to the applicant's operational statement,all of
the units will be reserved for"senior citizens," therefore,the proposed density of this project(11.45
units per acre) does conform to the medium low density planned land use.
SECTION 3. The Council finds that the zone district of the real property described herein
below, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is
reclassified from the AE-20/UGM (Exclusive TwentyAcre AgriculturaLVrban Growth Management)
zone district to the R-1/UGM (Single Family Residentia!/Urban Growth Management) zone district
zone district.
From AE-20/UGM to R-1/UGM
The land referred to herein below is situated in the City of Fresno,County of Fresno,State of
California, and is described as follows:
The North 191.84 feet of the South half of the Southeast quarter of Section 23,Township 12
f
Ordinance Amending Official Zone Map i. -
Rezone Application No. R-07-04 nh
Page 3 a
South, Range 20 East, Mount Diablo Base and Meridian, according to the Official Plat
thereof, lying South and East of the centerline of the Enterprise Canal.
SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m.
on the thirty-first day after its passage.
I
O
'I rr>,ryGt.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance
was adopted by the Council of the City of Fresno, California, at a regular meeting held on the
27th day of November 2007, by the following vote:
Ayes: Calhoun, Dages, Duncan, Sterling, Westerlund, Xiong, Perea
Noes: gone
Absent: None
Abstain: None
REBECCA E. KLISCH
City Clerk
By
James Sanchez
City Attomey
By
hn W. Fox, Deputy City Attorney
Date
Rezone Application No. R-07-04
Filed by Dwayne Smith
Assessor's Parcel No. 567-030-10
K:IMASTER FILES-2007WE20NE\R-07-004,X-REF C-07-005,9215 N.MAPLE,13S`COUNCILW"7.64 CC ORDINANCE BIL-DOC
City o�������, REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-H
rnE%HNN
COMMISSION MEETING: 11-14-07
November 14, 2007
APPROVED B
FROM: STAFF, Planning Divisaant
Planning and Develop DEPARTMENT DIRECTOR
SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-07-04, CONDITIONAL
USE PERMIT APPLICATION NO. C-07-005, VESTING TENTATIVE TRACT MAP
NO. 5856, AND ENVIRONMENTAL ASSESSMENT NO. R-07-04/T-5856/C-07-05
EXECUTIVE SUMMARY
Rezone Application No. R-07-04, Vesting Tentative Tract Map No. 5856, and Conditional Use Permit
Application No. C-07-05 filed by Dwayne Smith, pertain to approximately 2.7 acres of property located
on the west side of North Maple Avenue between East Shepherd and East Perrin Avenues. The rezone
application proposes to reclassify the subject property from the AE-20/UGM (Exclusive Twenty Acre
Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban
Growth Management) zone district. The conditional use permit application proposes to develop the site
with a 30-unit senior housing complex, and the vesting tentative tract map proposes the creation of a
one common lot condominium "airspace" subdivision for the 30 units. The subject property is located
within the jurisdiction of the Woodward Park Community Plan and the 2025 Fresno General Plan, both
of which designate the site for medium low density residential planned land uses. Pursuant to Table 2
(Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the planned
land use designation of medium low density residential is consistent with the proposed R-1 zone district.
However, the proposed density of this project (11.45 units per acre) does not conform to the medium
low density planned land use, which allows 2.19 to 6.0 units per acre. Although the proposed project
density is more than allowed by the medium low density residential planned land use, according to
Section 12-304-B-13 of the Fresno Municipal Code, a density bonus may be granted when an applicant
agrees to develop the project as Housing for Senior Citizens. According to the applicant's operational
statement, all of the units will be reserved for "senior citizens." The proposed project is well under the
density allowed for "Housing for Senior Citizens" pursuant to Section 12-304-B-13 of the Fresno
Municipal Code. Thus, Rezone Application No. R-05-04 would bring the subject property into
conformance with the 2025 Fresno General Plan and the Woodward Park Community Plan,
pursuant to Section 12-403-13-2 of the FMC. The proposed project is supported by staff and the
District 6 Plan Implementation Committee.
PROJECT INFORMATION
PROJECT Request to reclassify the subject property from the AE-20/UGM
(Exclusive Twenty Acre Agricultural/Urban Growth Management)
zone district to the R-1/UGM (Single Family Residential/Urban
Growth Management) zone district, while the conditional use
permit application proposes to develop the site with a 30-unit
Housing for Senior Citizens. The vesting tentative tract map
proposes the creation of a one common lot condominium
"airspace" subdivision for the 30 units.
APPLICANT Dwayne Smith
LOCATION West side of North Maple Avenue, between East Shepherd and
East Perrin Avenues (Council District 6, Councilmember
Duncan)
SITE SIZE Approximately 2.7 acres
REPORT TO THE PLANNING .;OMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 2
LAND USE Existing - Vacant with an FID canal that traverses the
western portion of the subject site. All structures
on the site have been demolished.
Proposed - A 30 unit Housing for Senior Citizens in which all
units will be 1,300 square feet with two bedrooms
and two bathrooms.
ZONING Existing - AE-20/UGM (Exclusive Twenty Acre
Agricultural/Urban Growth Managemeno
Proposed - R-1/UGM (Single Family Residential/Urban
Growth Management)
PLAN DESIGNATION The proposed R-1 zone district and senior housing complex are
AND CONSISTENCY consistent with 2025 Fresno General Plan and the Woodward
Park Community Plan which designate the site for medium low
density residential planned land uses
ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master
FINDING Environmental Impact Report (MEIR No. 10130) dated August 21,
2007
PLAN COMMITTEE District 6 Plan Implementation Committee recommended approval
RECOMMENDATION of the proposed project at their June 25, 2007 meeting
STAFF Recommend approval of the proposed rezone application to the
RECOMMENDATION City Council and approve the vesting tentative tract map and
conditional use permit application
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 3
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
Medium Low Density R-1-C/UGM Senior Citizen
North Single Family Residential/Urban
Residential Growth Management Complex
R-1-C/UGM/cz
South Medium Low Density Single Family Residential/Urban
Residential Growth Management/conditions Church/Vacant
of zoning
Medium Low Density R-1/UGM Single Family
East Residential Single Family Residential/Urban
Residential
Growth Management
R-1-C/UGM/cz
West Medium Low Density Single Family Residential/Urban Church/Vacant
Residential Growth Management/conditions
of zoning
ENVIRONMENTAL FINDING
An environmental assessment initial study was prepared for this project in accordance with the
requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included
the distribution of requests for comment from other responsible or affected agencies and interested
organizations.
Preparation of the environmental assessment necessitated a thorough review of the proposed project
and relevant environmental issues and considered previously prepared environmental and technical
studies pertinent to the Woodward Park Community Plan area including the Master Environmental
Impact Report (MEIR No. 10130) for the 2025 Fresno General Plan. These environmental and technical
studies have examined projected sewage generation rates of planned urban uses, the capacity of
existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing
capacities; groundwater aquifer resource conditions; water supply production and distribution system
capacities; traffic carrying capacity of the planned major street system; and, student generation
projections and school facility site location identification.
The study indicates that the project, if approved, would conform to the land use designation and land
use policies of the 2025 Fresno General Plan and is within the scope of the Master Environmental
Impact Report No. 10130. Therefore, staff has issued a finding of conformity to the 2025 Fresno
General Plan Master Environmental Impact Report (MEIR No. 10130) dated August 21, 2007, which
incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published
and noticed on August 21, 2007, with no comments received.
REPORT TO THE PLANNING .,OMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 4
BACKGROUND/ ANALYSIS
Rezone Application
Rezone Application No. R-07-04 proposes to reclassify approximately 2.7 acres of property located on
the west side of North Maple Avenue, between East Perrin and East Shepherd Avenues from the
AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-
1/UGM (Single Family Residential/Urban Growth Management) zone district. The subject property is
located within the jurisdiction of the Woodward Park Community Plan and the 2025 Fresno General
Plan, both of which designate the site for medium low density residential planned land uses. According
to the land use consistency table adopted with the 2025 Fresno General Plan (and applied within all
community plans), the medium low density residential planned land use designation allows 2.19 to 6.0
units per acre. Although the proposed project density is more than allowed by the medium low density
residential planned land use, according to Section 12-304-B-13 of the Fresno Municipal Code, a density
bonus may be granted when a project is built as Housing for Senior Citizens. According to the
applicant's operational statement, all of the units will be reserved for"senior citizens." More specifically,
all of the units will be reserved for senior citizens (currently defined by the California Civil Code as a
person 62 years of age or older, or 55 years or older in a senior citizens housing development) and their
family members and/or dependents who fall into the category of "qualified permanent resident" as
defined by the California Civil Code in Section 513.(b).
Pursuant to Section 12-304-B-13 of the FMC, the maximum population density of Housing for Senior
Citizens shall be determined by multiplying the maximum population density that would otherwise be
permitted by the district by a factor of 3.33. Based upon a net site acreage of 2.62 acres, the density of
the project is 11.45 units per acre (30 units proposed divided by 2.62 acres). The maximum number of
units allowed on the project site with the density bonus is 52 units (2.62 x 6.0 units/acre x 3.33 density
bonus). Thus, the proposed density of the senior housing complex is well within the density allowed by
the Fresno Municipal Code pursuant to Section 12-304-B-13.
Vesting Tentative Tract Map No. 5856
Vesting Tentative Tract Map 5856 proposes to subdivide the subject site into a one common lot
condominium subdivision. The one common lot condominium subdivision will allow for the individual
sale of the residential units as condominium airspace. A one common lot condominium map process is
allowed by a provision of the California State Subdivision Map Act (Government Code §§66410-
66499.58) permitting the sale of individual airspace to buyers and requiring that all buyers of residential
air space share in common ownership of all buildings, streets, open space, walls, etc., on the entire site.
Conditional Use Permit Application
Conditional Use Permit Application No. C-07-05 is a request to develop -the site with a 30-unit gated
senior housing complex. According to the operational statement, the units will all be 1,300 square feet
with two bedrooms and two bathrooms. In addition, each unit will have attached garages and
landscaped rear yards.
This housing complex will be reserved for "senior citizens." Given that the site will be developed with
residential units specifically designated for seniors and the applicant has requested a density bonus, the
applicant will be required to comply with Section 12-304-B-13 of the FMC. In order for this project to be
eligible for the allowed density bonus, the proposed housing development shall meet a.11 of the following
requirements:
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 5
1. Consist of a minimum of five (5) units, not including the Density Bonus.
2. The site is planned and zoned for residential use.
3. The housing development limits residency to Senior Citizens, as defined in Subsection 12-105-
S-6.5 of the FMC.
The proposed project meets all of these requirements. The project will consist of 30 units (without the
density bonus the existing land use would allow 16 units on the site). The project site is planned for
residential uses and Rezone Application No. R-07-04 will rezone the site to a residential zone district (R-
1). In addition, the residency of this housing complex will be limited to "Senior Citizens" as defined by
the code section identified above. The applicant/owner will be required to complete and record an
agreement with the City that limits the residency of the units to Senior Citizens for at least 30 years.
In addition to submitting the site plan (i.e. building layout), the applicant has also provided a typical
elevation of the proposed buildings. The buildings incorporate variations in the elevations through the
use of decorative vents, decorative facade treatments which include both brick and stucco, and bay
windows. These design features help minimize the scale of the buildings, while simultaneously adding
visual interest. Regardless, staff will still require that the applicant submit all final building elevations of
-the complex to city staff, including the gated entry, for review and approval.
District 6 Plan and Implementation Planning Committee
The District 6 Plan and Implementation Committee recommended approval of the proposed project at
their June 25, 2007 meeting.
Land Use Plans and Policies
The subject site is designated for medium low density residential planned land uses by the 2025 Fresno
General Plan and the Woodward Park Community Plan. The proposed zone district and development
are consistent with the planned land use designation per Section 12-403-B and Section 12-304-B-13 of
the FMC. In addition, the following development standards and policies are applicable:
2025 Fresno General Plan
The 2025 Fresno General Plan designates the subject site for medium low density residential planned
land uses (2.19 — 6.0 dwelling units per acre) and provides a number of policies to guide in the
development of multiple family development. The proposed project is consistent with the planned land
use of the 2025 Fresno General Plan and implements the following policies:
Policy C-1 1-c of the General Plan (GP): Promote multi-family development and design that provides
increased security and safety.
The proposed project will be gated and will require that residents and visitors enter a code to gain
access into the site. In addition, the project will be required to provide sufficient lighting to adequately
illuminate the project site.
Policy C-21-b of the GP: In order to promote attractive external appearances and appealing living
environments, design measures should be utilized to avoid large-scale massive and repetitive
REPORT TO THE PLANNING . OMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 6
"institutional" visual appearances, and to provide a more varied, small-scale appearance suggestive of
single-family residential development.
Woodward Park Community Plan
The proposed project is consistent with the polices and objectives of the Woodward Park Community
Plan and implements the following policies:
1-3.8 The following design guidelines shall be considered for application to all multiple-family
residential development entitlements adjacent to land that is designated for single-family
residential use. These measures are not prescriptive and may be modified where determined
appropriate by the City of Fresno in order to best serve the health, safety, and welfare of the
community. These measures may be waived where the adjacent single-family residential
designated land is developed with or approved for nonresidential use.
a. Outdoor recreational areas, game courts, swimming pools, and solid waste collection
areas on properties zoned for multiple-family residential uses shall be oriented away
from properties zoned or planned for single-family residential uses.
b. Parking areas, carports, garages, accessory structures, and access drives shall be
separated from abutting properties zoned or planned for single-family residential use
with a landscaped setback 15-feet wide in conjunction with a solid masonry wall six-feet
high on property line.
c. Multiple-family buildings greater than one story (20-feet) in height shall be prohibited
within 75 feet of property zoned or planned for single-family residential use.
Although the proposed project is not "zoned' for multiple-family residential uses, the project design is
similar to a multifamily project and, therefore, must comply with these policies. Although the property is
surrounded on all four sides by property that is planned and zoned for single family residential uses, the
only property that is currently developed or proposed to be developed with single family residential uses
is the property across North Maple Avenue to the east. The property to the south and west is on large
parcel that is partially developed with a church, and the property to the north of the subject site is
developed with another senior housing project. Nevertheless, the proposed project complies with the
policies and conditions listed above.
Policy 5-1.2 Facilitate the development of new elderly housing projects that are accessible to public
transportation and services. Elderly housing projects shall not be converted to
nonelderly housing.
The closest busline to the project area is Line 56 which runs along East Shepherd Avenue to the south
and turns north on North Sommerville Drive which is the next major street east of South Maple Avenue.
The closest bus stop, which is located at the corner of East Shepherd Avenue and North Sommerville
Drive is approximately two-thirds of a mile from the project site. This makes it somewhat unlikely that
the residents of this complex will use public transit. However, two-thirds of a mile, although not
extremely convenient, is a walkable distance to most people and will be walked by those who do not
have access to a car or cannot drive. In addition, the proposed residential project will be required to be
only rented to, or sold to owner-occupants who are "senior citizens" as defined by Section 12-105-5-6.5
of the FMC.
Circulation Element Plan Policies and Major Street System Traffic Capacity
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 7
According to the 2025 Fresno General Plan Circulation Map, North Maple Avenue is classfied as a
collector within the project area. The Public Works Department Traffic Division has reviewed the
proposed development and has determined that the streets relating to the site will be able to carry the
quantity and kind of traffic generated subject to several improvements. These improvements include
dedicating and constructing paving within the limits of the project; installing curb, gutter, sidewalk; and
construction of an underground street lighting system. These street improvements are outlined in more
detail in the Conditional Use Permit Application No. C-07-05 Conditions of Approval dated November
14, 2007.
When the City of Fresno Master Environmental Impact Report (MEIR) No. 10130 was certified by the
City Council for the 2025 Fresno General Plan, a determination was made to require project-specific
traffic assessments for projects which would generate 100 or more vehicle trips during weekday peak
hours. Given the number of proposed units in this project, no special traffic study is required because
the potential traffic impacts of this development are deemed to have been adequately analyzed and
mitigated within the scope of MEIR No. 10130 and standard city requirements.
Public Services
Water Resources and Public Water Supply and Sewage Collection System Capacity
The Water Division of the Public Utilities Department has determined that there is an adequate source
of water available to serve the project, subject to connecting to the city water system. In addition, the
Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project may be
accommodated by their facilities provided that the developer can verify to the satisfaction of the City of
Fresno that runoff can be safely conveyed to the Master Plan inlet(s).
Sewage Collection System Capacity
The Planning and Engineering Division of the Public Utilities Department has indicated that sanitary
sewer facilities will be available to serve the site.
Fire Protection Services
Fire service will be provided by City of Fresno Fire Station No. 17 which is located less than two miles
from the site. The Fire Department, Fire Prevention Bureau has reviewed the proposed project and all
requirements have been made conditions of the tentative tract map and/or conditional use permit
applications, including the requirement that the westernmost building(s) will require fire sprinklers
because of an over-length dead-end.
Clovis Unified School District
The project site is served by the Clovis Unified School District. The applicant will not be required to pay
any fees to the school district because the Clovis Unified school district exempts senior citizen housing
projects from the payment of school fees.
Subdivision Design/Streets and Access Points
The Public Works Department, Transportation Planning Section has reviewed the conditional use
permit, vesting tentative tract map, and rezone request and has determined that the proposed project
will generate 23 a.m. /30 p.m. peak hour trips; therefore, a Traffic Impact Study is not required. The
Transportation Planning Section has also determined that the streets adjacent to and near the subject
REPORT TO THE PLANNING . OMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 8
site will be able to accommodate the quantity and kind of traffic generated by the proposal, subject to
the construction of required street improvements. Furthermore, the project will be required to pay its
Traffic Signal Mitigation Impact Fee (TSMI) at the time of building permits based on the trip generation
rate as setforth in the latest edition of the ITE Generation Manual.
Landscaping
The subdivider is required to provide street trees on all public street frontages and is also required to
provide for the long term maintenance of the landscape easements and right-of-way.
State Department of Transportation (Caltrans)
The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations
has submitted the attached comments dated January 26, 2007. Caltrans does not anticipate any
significant impacts as a result of this project.
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 (there is not an applicable
specific plan), because both plans designate the subject site for medium low density residential
planned land uses and the project design meets the density and zoning ordinance criteria for
development in this plan designation with the application of a density bonus pursuant to the zoning
ordinance.
2. This site is physically suitable for the proposed type and density of development, because
conditions of approval will ensure adequate access and drainage on and off the site.
3. The proposed subdivision design and improvement is not likely to cause substantial and
considerable damage to the natural environment, including fish, wildlife or their habitat, because of
the urbanized nature of the area in which the site is located.
4. The proposed subdivision design and improvements are not likely to cause serious public health
and safety problems, because the conditions of approval have shown and will ensure that the
subdivision conforms 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.
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 9
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.
The subdivision map, subject to the recommended conditions of approval, complies with the design and
property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based
upon the plans and information submitted by the applicant and the recommended conditions of project
approval, staff has determined that these findings can be made. Planning Commission action on the
proposed vesting tentative tract map is final, unless appealed to the City Council. The associated
rezone application, however, must be approved by the City Council before the proposed project can
receive a final approval.
Conditional Use Permit Findings
Based upon analysis of the conditional use permit application and subject to the applicant's compliance
with all of the conditions of approval noted below, staff concludes that the following required findings of
Section 12-405-A-2 of the Fresno Municipal Code (FMC) can be made.
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2.
a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate
in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences,
parking, loading, recycling areas, landscaping, and other required features; and,
Finding:a The subject site has an adequate amount of space to meet all applicable requirements of
the Code and as established on Exhibit A of Conditional Use Permit Application No. C-07-05
3 s dated October 29, 2007, including yards, spaces, walls and fences, parking, landscaping
and other required features.
b. The site for the proposed use relates to streets and highways adequate in width and pavement type
to carry the quantity and kind of traffic generated by the proposed use; and,
Finding b Staff from the Public Works Department, Transportation Planning Section has determined
t that the proposed development can be accommodated by the adjacent streets and the
proposed project will be conditioned upon improvement of the adjacent major streets to their
ultimate width.
C. The proposed use will not be detrimental to the public welfare or injurious to property or
improvements in the area in which the property is located. The third finding shall not apply to uses which
are subject to the provision of Section 12-306-N-30 of this Code.
Finding c: The staff of the Planning and Development Department has determined that the proposed
use will not be detrimental to the public welfare or be injurious to property or improvements
in the area in which the property is located if developed in accordance with the various
conditions/requirements established through the related tentative tract map application
review and conditional use permit application review process.
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
REPORT TO THE PLANNING COMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 10
compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially
significant adverse environmental impacts. These factors have been evaluated as described above and
by the accompanying environmental assessment. Upon consideration of this evaluation, it can be
concluded that Rezone Application No. R-07-04, Vesting Tentative Tract Map Application No. T-5856,
and Conditional Use Permit Application No. C-07-05 are appropriate for the project site, subject to the
conditions listed below. Therefore, staff recommends that the Planning Commission:
1. RECOMMEND APPROVAL to the City Council of the environmental finding of Environmental
Assessment No. R-07-04/T-5856/C-07-05 dated August 21, 2007 that the project proposal
conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report
(MEIR No. 10130).
2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-07-04 to reclassify
approximately 2.7 acres of property from the AE-20/UGM (Exclusive Twenty Acre
Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family
Residential/Urban Growth Management) zone district.
3. APPROVE Vesting Tentative Tract Map No. T-5856 dated October 16, 2007 subject to compliance
with the Conditions of Approval dated November 14, 2007.
4. APPROVE Conditional Use Permit Application No. C-07-005 subject to compliance with
Conditions of Approval dated November 14, 2007, which includes a density bonus pursuant to
Section 12-304-B-13 of the FMC given that all of the units will be reserved for Housing for Senior
Citizens.
Attachments: Vicinity Map
2005 Aerial Photograph of Site
Vesting Tentative Tract Map No. 5856/UGM, Exhibit "A", dated October 16, 2007
Exhibit A dated October 29, 2007 and Exhibits E and L dated April 27, 2007
Conditions of Approval for T-5856/UGM, dated November 14, 2007
Conditions of Approval for Conditional Use Permit Application No. C-07-05 dated
November 14, 2007
Environmental Assessment No. R-07-04/T-5856/C-07-05 dated August 21, 2007
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VICINITY NIAP PLANNING & DEVELOPMENT
DEPARTMENT
VESTING TENTATIVE MAP OF TRACT NO. 5856/UG'
REZONE APPLICATION NO. R-07-004 A.P.N.: 567-030-10
From AE-20 to R-1/UGM
CONDITIONAL USE PERMIT NO. C-07-005 �\ ZONE MAP: 1552
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
NOVEMBER 14,2007
VESTING TENTATIVE TRACT MAP NO. 5856
LOCATED ON THE WEST SIDE OF NORTH MAPLE AVENUE BETWEEN EAST PERRIN AND EAST SHEPHERD
AVENUES
All vesting tentative maps are subject to the applicable provisions of the State Subdivision Map
Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications.
The following specific conditions are applicable to this vesting tentative map.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of
fees, dedications, reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or
within 90 days after the date of -the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 5856 a one lot
condominium map entitled "Exhibit A", dated October 16, 2007, the subdivider may
prepare a Final Map in accordance with the approved vesting tentative tract map.
2. Submit grading plans and a soils report to the City of Fresno Planning and
Development Department for verification prior to Final Map approval (Reference:
Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location
of any required walls and indicate the proposed width of required landscape
easements or strips. Approval of the grading plan is required prior to Final Map
approval.
3. At the time of Final Map submittal, the subdivider shall submit engineered construction
plans to the City of Fresno Public Works, Public Utilities, and Planning and
Development Departments for grading, public sanitary sewer system, public water
system, street lighting system, public streets, and storm drainage, including other
technical reports and engineered plans as necessary to construct the required public
improvements and work and applicable processing fees.
4. Engineered construction plans shall be approved by the City prior to the approval of
the Final Map. If, at the time of Final Map approval, such plans have not been
approved, the subdivider shall provide performance security in an amount established
by the City to guarantee the completion of plans.
Conditions of Approval
Vesting Tentative Tract Map No. 5856
November 14, 2007
Page 2
5. Public utilities easements, as necessary, shall be shown on the Final Map and
dedicated to the City of Fresno. Public utility easements beyond the limits of the Final
Map, but required as a condition of development, shall be acquired at the subdivider's
cost and shall be dedicated by separate instrument at the time of Final Map approval.
The relocation of existing utilities necessitated by the required public improvements
shall be paid for by the subdivider. The subdivider is responsible to contact the
appropriate utility company for information.
6. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No.
68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard
Specifications, 2002 Edition, and any amendments thereto.
7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for
street improvements and other grading and construction; street trees, street signs,
water and sewer service, and inspections in accordance with the City of Fresno Master
Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State
law as related to tentative tract maps.
8. The subdivider shall Furnish to the City acceptable security to guarantee the
construction of the off-site street improvements in accordance with all applicable
provisions of the FMC and the State Subdivision Map Act. The subdivider shall
complete all the public improvements prior to the approval of the Final Map by the City.
If, at the time of Final Map approval, any public improvements have not been
completed and accepted in accordance with the standards of the City, the subdivider
may elect to enter into an agreement with the City to thereafter guarantee the
completion of the improvements.
9. As a condition of Final Map approval, the subdivider shall furnish to the City a
subdivision guarantee listing all parties having any right, title or interest and the nature
of their interest per State law.
10. The subdivider shall create a homeowners' association for the maintenance of all
landscaped areas, private street and access areas within the subdivision. A proposed
Declaration of Covenants, Conditions, and Restrictions (CC&Rs) shall be prepared
and the proposed instruments for the homeowners' association shall be submitted to
the Planning and Development Department for review two (2) weeks prior to Final Map
approval. Said document shall be recorded with the Final Map(s) 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
Development Department Guidelines for preparation of CC&Rs, dated January 11,
1985.
Conditions of Approval
Vesting Tentative Tract Map No. 5856
November 14, 2007
Page 3
Landscaping
11. The subdivider is required to provide street trees on all public street frontage and for
dedication of planting and buffer landscaping easements. Street trees shall be planted
at the minimum rate of one tree for each 60 feet of street frontage by the developer.
The subdivider is required to provide irrigation for all street trees. The irrigation system
shall comply with FMC Section 12-306-N-23, water efficient landscape standards.
12. Landscape plans for all public use areas, such as parkways, buffers, medians and
trails shall be reviewed and approved by the Department of Public Works, Engineering
Services. A street tree planting permit shall be required for all residential street trees
planted.
13. 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.
14. The subdivider is required to provide maintenance of the required landscape
easements, streets, curbs and gutters, sidewalks, medians, and street furniture.
15. Improvement plans for all required landscaping and irrigation systems shall be
submitted to the Planning and Development Department for review prior to Final Map
approval.
Building Setbacks
16. Building setbacks shall be in accordance with the Exhibit A dated October 29, 2007,
for Conditional Use Permit Application No. C-07-005.
Information
17. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
18. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the
subdivider to file multiple Final Maps shall not limit the authority of the local agency to
impose reasonable conditions relating to the filing of multiple Final Maps," any multiple
final maps filed by the subdivider on this tract shall fully and independently conform to
all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property.
19. The developer/owner shall obtain any and all permits required for the removal or
demolition of any existing building or structure located within 'the subdivision
boundaries. The developer/owner shall also obtain any and all permits required for the
proper abandon ment/closure of any existing water well, septic tank/leach field or
cesspool, and irrigation pipeline on the subject property. All such permits shall be
Conditions of Approval
Vesting Tentative Tract Map No. 5856
November 14, 2007
Page 4
obtained prior to commencement of tract grading work, in accordance with Chapter 13
of the Fresno Municipal Code.
20. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
21. 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.
22. 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.
23. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment
levied under any State or local law, including a division into condominium interest as
defined in Section 783 of the Civil Code, the developer/owner shall file a written
application with the City of Fresno Director of Public Works, requesting apportionment
of the unpaid portion of the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
a. A full description of each assessed lot, parcel or interest to be divided and of how
such lot, parcel or interest will be divided;
b. A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested
apportionment.
d. The application shall be filed prior to the approval of the Final Map(s) by the City
and shall be accorripanied 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.
Conditions of Approval
Vesting Tentative Tract Map No. 5856
November 14, 2007
Page 5
24. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality
Pollution Control District for the control of particulate matter and fugitive dust during
construction of this project.
25. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The
method of collection to be utilized in this tract shall be subject to approval of the Solid
Waste Manager (see below-noted conditions).
SOLID WASTE SERVICE
26. Comply with the memorandum from the Public Utilities Department, Solid Waste
Division dated January 23, 2007 for Conditional Use Permit Application No. C-07-005.
The Solid Waste Division has approved of the location of the trash enclosure shown on
Exhibit A dated October 29, 2007.
FIRE SERVICE
27. The Developer must install on-site hydrants. Please see located on Exhibit A dated
October 29, 2007 for Conditional Use Permit Application No. C-07-05.
28. Access is acceptable as shown on Exhibit A dated October 29, 2007 for Conditional
Use Permit Application No. C-07-05.
29. Comply with the attached memorandum from the Fire Department dated November 2,
2007.
STREETS AND RIGHTS-OF-WAY
30. The subdivider shall furnish to the City acceptable security to guarantee the
construction of the off-site street improvements in accordance with all applicable
provisions of the FMC and the State Subdivision Map Act.
31. All of the required street improvements shall be constructed and/or installed in
accordance with the City of Fresno Standard Specifications (2002 Edition). The
following shall be submitted as a single package to the Pubic Works Department for
review and approval:
a. Signing and striping plans (per current California Department of Transportation
standards);
b. Street Construction Plans; and,
c. Landscape and irrigation plans (median island and street trees within all
parkways).
Conditions of Approval
Vesting Tentative Tract Map No. 5856
November 14, 2007
Page 6
32. The subdivider shall underground all existing off-site overhead utilities and proposed
utility systems in accordance with FMC Sections 12-1011, 8-801, and Resolution No.
78-522, 88-229.
33. The subdivider shall construct an underground street lighting system per Public Works
Standards within the limits of the tract unless otherwise determined by the City Traffic
Engineer. Spacing and design shall conform to Public Works Standards for arterial (H
Street). Height, type, spacing, etc., of standards and luminaries shall be in accordance
with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto
approved by the City Traffic Engineer prior to Final Map approval. Upon completion of
the work by the subdivider and acceptance of the work by the City, the street lighting
system shall be dedicated to the City. Submit engineered construction plans to the
Public Works Department for approval.
34. 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.
35. 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.
36. Comply with the memorandum from the Public Works Department, Traffic Engineering
Division dated November 5, 2007.
TRAFFIC SIGNAL MITIGATION IMPACT FEE
37. The project shall pay its 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.
SANITARY SEWER SERVICE
38. Comply with the attached memorandum from the Public Utilities Department dated
January 23, 2007 for Conditional Use Permit Application No. C-07-05.
WATER SERVICE
39. Comply with the attached memorandum from the Department of Public Utilities for
Conditional Use Permit Application No. C-07-05 dated January 23, 2007.
FLOOD CONTROL AND DRAINAGE
40. Comply with the attached memorandum from the Fresno Metropolitan Flood Control
District dated October 31, 2007.
Conditions of Approval
Vesting Tentative Tract Map No. 5856
November 14, 2007
Page 7
FRESNO IRRIGATION DISTRICT
41. Fresno Irrigation District's new Enterprise pipeline will traverse the subject property in
an exclusive easement recorded on October 15, 2007. These easements need to be
shown on the tract map.
42. Include the signature block of the Fresno Irrigation District on the final tract map as
shown on the attached letter from the Fresno Irrigation District dated November 2,
2007.
43. Comply with the attached letter from the Fresno Irrigation District dated November 2,
2007.
SCHOOL DISTRICT
56. The project site is served by the Clovis Unified School District. The applicant will not
be required to pay any fees to the school district because the Clovis Unified school
district exempts senior citizen housing projects from the payment of school fees.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
57. The developer/owner shall comply with the requirements in the letter from the San
Joaquin Valley Air Pollution Control District dated January 29, 2007.
CALTRANS
58. The California Department of Transportation (Caltrans), District 6, Office of
Intergovernmental Relations has submitted the attached comments dated January 26,
2007. Caltrans does not anticipate any significant impacts as a result of this project.
DEVELOPMENT FEES AND CHARGES
This project is subject to the following fees and charges:
SEWER CONNECTION CHARGES FEE RATE
b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth)
c. Oversize Charge* $0.05/sq. ft. (to 100' depth)
d. Trunk Sewer Chargew $496/living unit
Service Area: Herndon
e. Wastewater Facilities Charge4 $2,119/living unit
f. Copper Avenue Lift Station Charge* N/A
Conditions of Approval
Vesting Tentative Tract Map No. 5856
November 14, 2007
Page 8
g. 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. Transrnission Grid Main Charge► $804/net acre (parcels under 5 gross
acres)
k. Transmission Grid Main Bond Debt Service Charge * $204/net acre (parcels under 5
gross acres)
I. UGM Water Supply Feer $456/living unit
Service Area: 101-S
M. Well Head Treatment Fee♦ $0/living unit
Service Area: 101
n. Recharge Feer $0/living unit
Service Area: 101
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♦ $2278/living unit'*
r. *Quimby Parkland Dedication Feer $1120/living unit
s. Citywide Regional Street Fee4 $8,361/adj. acre
t. New Growth Area Major Street Fee. $18,790/adj. acre
u. Police Facilities Impact Fee - Citywide♦ $624/living unit
Conditions of Approval
Vesting Tentative Tract Map No. 5856
November 14, 2007
Page 9
v. Traffic Signal Charge* $440.03/living unit
Notes:
IV Due at Final Map.
4 Due at Building Permit.
♦ Due at Certificate of Occupancy.
Deferrable through Fee Deferral Covenant.
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. C-07-05
November 14, 2007
PART A - PROJECT INFORMATION
1. Assessor's Parcels Nos. 567-030-10
2. Job Address: 9199 North Maple Avenue (Site Address)
Unit addresses range from 9201 to 9259 North Maple Avenue
Street Location: 2.7 acre vacant parcel generally located along the west side of
North Maple Avenue, between East Shepherd and East Perrin
Avenues.
3. Existing Plan Medium low density residential planned land use.
4. Existing Zoning: AE-20/UGM (Exclusive Twenty Acre Agricultural District/Urban
Growth Management)
6. Proposed Zoning: R-1/UGM (Single Family Residential/Urban Growth Management)
7. City Zone Map No. 1552
8. Project Description: The project applicant seeks authorization for the construction of a
30 unit senior housing complex in which all units will be 1,300
square feet with two bedrooms and two bathrooms. The applicant
has filed a tract map (TT-5856) and intends to create a one
common lot condominium "airspace" subdivision for the 30 units.
PART B - GENERAL CONDITIONS AND REQUIREMENTS
The Fresno City Planning Commission on November 14, 2007, will consider the special permit
application subject to the enclosed list of conditions and Exhibit "A" dated October 29 2007 and Exhibits
"E" and "L" dated April 27, 2007. At this hearing, the Commission will also review the related tract map
(Tentative Tract Map Application No. 5856) and related Rezone Application No. R-07-04. The rezone
application, if approved, will have to go the Fresno City Council for consideration of approval.
The Planning and Development Department staff has prepared an environmental checklist and has
evaluated the requested Conditional Use Permit in accordance with the land use and environmental
policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact
Report (MSIR) No. 10130. Conditional Use Permit C-07-05 will not facilitate an additional
intensification of uses beyond that which already exists or would be allowed by the above noted
planned land use designation. Moreover, it is not expected that the future development, per the
requested Conditional Use Permit, will adversely impact existing city service systems or the traffic
circulation system that serves the subject parcels. These infrastructure findings have been verified by
Conditions of Approval
Conditional Use Permit Application No. C-07-005
November 14, 2007
Page 2
the Pubic Works and Public Utilities Departments. It has been further determined that all applicable
mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the
project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible
significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15178 (a).
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project may be subject to a variety of conditions of approval. These include
conditions based on adopted City plans and policies, those incorporated from regulations of other
public agencies (e.g., special districts for flood control/drainage and air pollution control), and those
determined through site plan review and environmental assessment to be essential to mitigate adverse
effects on the environment and to preserve the health, safety and welfare of the community.
Some of the recommended conditions for development that are not mandated as essential to health,
safety and welfare, but would on the whole enhance the project and its relationship to the neighborhood
and environment. Any such discretionary conditions of approval are listed in the last section of this list
of Special Permit Conditions under the heading "Part F- Miscellaneous," and may be appealed. All
discretionary conditions of approval will ultimately be deemed mandatory when the Fresno City Council
makes a determination on this Conditional Use Permit Application. Appeals of these conditions must
be lodged prior to, or at, the Planning Commission and City Council hearings on this project.
All code requirements are mandatory. Fresno Municipal Code (FMC) requirements may only be
modified by approval of a variance application provided the findings pursuant to FMC Section 12-405-A
can be made and the Variance is approved by the City of Fresno.
Approval of this special permit shall be considered null and void in the event of failure by the applicant
and/or the authorized representative, architect, engineer or designer to disclose and delineate all facts
and information relating to the subject property and the proposed development on the final corrected
exhibits, including but not limited to the following:
1. All existing and proposed improvements including but not limited to buildings and structures
(including carports, both open-sided and closed-sided), signs and their uses, trees,
walls, driveways, outdoor storage and open land use areas on the subject property and all of
the preceding which are located on adjoining property and may encroach on the subject
property;
2. All public and private easements, rights-of-way and any actual or potential prescriptive
easements or uses on and abutting the subject property.
3. Existing and proposed grade differentials between the subject property and adjoining
property zoned or planned for residential use.
Approval of this special permit may become null and void in the event that final corrected
exhibits are not approved by the Planning and Development Department, and in the event that
development is not completed in accordance with the Zoning Ordinance, City of Fresno Public
Works Standards and Specifications, and all the conditions and requirements imposed upon
this special permit.
The Planning and Development Department shall not assume responsibility for any deletions or
omissions resulting from the special permit review process or for additions or alterations to
construction plan not specifically submitted and reviewed and approved pursuant to this
special permit or subsequent amendments or revisions.
No uses of land, buildings or structures other than those specifically approved pursuant to this site plan
Conditions of Approval
Conditional Use Permit Application No. C-07-005
November 14, 2007
Page 3
shall be permitted. Include this note on the final corrected site plan (Exhibit A.)
Transfer all red line notes, etc., shown on all original exhibits to the final corrected exhibits.
CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED
IN THE CORRECTION LIST PROVIDED BY THE CONSTRUCTION PLAN CHECK PROCESSES.
To complete the backcheck process for building permit relative to planning and zoning issues, submit
eight copies of the final corrected site plan, together with six copies of the final corrected elevations, six
copies of landscape and irrigation plans, and any required covenants, easements, and/or studies or
analyses to the Planning and Development Department for final review and approval at least ten days
before applying for building permits.
Copies of this final approved site plan, elevations, landscape and irrigation plans stamped by the
Planning Division must be substituted for unstamped copies of same in each of the sets of construction
plans submitted for plan check prior to issuance of building permits. Be advised that on-site
construction inspections will not be authorized unless the final stamped approved site plan, elevations,
landscape and irrigation plans are included in the plan check file copy.
Please call 559-621-8024 for an appointment with Bonique Salinas for final Planning Division
sign-off for grading and/or building permits requested pursuant to this conditional use permit,
following your preparation of final corrected exhibits.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of government Code Section 66020(d)(1), the imposition
of fees, dedication, reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or within
90 days after the date of the imposition of the fees, dedications, reservation or exactions
imposed on the development project. This notice does not apply to those fees, dedications,
reservations or exactions which were previously imposed and duly noticed; or, where no
notice was previously required under the provisions of Government Code
Section 66020(d)(1) in effect before January 1, 1997.
PART C - PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on City records and the accuracy of the existing and proposed
on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to
omission or misrepresentation of information, for which this review process is dependent, will be
imposed whenever such conditions are disclosed.
Questions relative to dedications, street improvements, or off-street parking geometrics may be
directed to Greg Jenness at (559) 621-8812/ Greg.Jenness@fresno.ciov, or Ann Lillie at (559) 621-
8690/Ann.Lillie@fresno.gov, Engineering Division, Traffic Planning Section.
Submit the following, as applicable, in a single package to the City of Fresno Public Works Department
Engineering Division ((559) 621-8650), Plan Check and GIS Mapping Section, for review and approval,
prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping
Plans, Street Lighting Plans.
NOTICE OF FEE DEFERRAL OPTION
Effective June 9, 1995, the provisions of FMC Section 12-4.604 allow the property owner
the option to defer the payment of UGM fees and certain water and sewer connection
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 4
charges, from the time of issuance of building permits to the time of issuance of certificate
of occupancy.
To enable this deferment requires the owner to request the preparation of a fee deferral
covenant, pay the covenant preparation (including surcharges) and provide a certified
copy of the most current Grant Deed from the Fresno County Recorder for the subject
property. The processing of this covenant will place a lien on the property in the amount of
the outstanding fee obligation and requires subordination by parties having record title
interest in the property.
Owners are advised to submit covenant requests at their earliest opportunity as covenant
preparation, execution and approval may take 2 weeks or more and will delay the issuance
of building permits until the executed covenant is duly approved by the City.
For more information, contact Frank Saburit at 559-621-8077.
C.1. STREET DEDICATIONS AND ENCROACHMENT PERMITS
Identify all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants,
bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the
existing and proposed public rights-of-way. Also, identify -the required four-foot (4') minimum
wide path of travel along the public sidewalk on all street frontages of the property. This usable
4' width is required by Title 24 of the California Code of Regulations and shall be maintained
behind any driveway aprons by means of a pedestrian easement, if necessary.
Deed documents for the required dedications shall be prepared by the applicant's
engineer and submitted to the Public Works Department, Engineering Division, Special
Districts/ Projects and Right of Way Section with verification of ownership prior to
issuance of building permits. The cost of deed document processing and recordation fee
must be paid at the time of deed submittal. Deed documents must conform to the format
specified by the city. Document format specifications may be obtained from the City of
Fresno Public Works Departments, Engineering Division, Special Districts/ Projects and
Right of Way Section, (559) 621-8694.
The construction of any overhead, surface or sub-surface structures and appurtenances in the
public rights-of-way is prohibited unless an encroachment permit is approved by the City of
Fresno Public Works Department, Special Districts/ Projects and Right of Way Section, (559)
621-8693. Encroachment permits must be approved prior to issuance of building permits.
C.2. STREET IMPROVEMENTS
All Improvements shall be constructed in accordance with the Standard Specifications and
Standard Drawings of the City of Fresno, Public Works Department. Street construction plans,
prepared by a registered Civil Engineer and approved by the City Engineer, are required. Plans
must be submitted to the Public Works Department, Engineering Services Division, Design
Section.
Conditions of Approval
CUP No. C-07-005
November 14,2007
Page 5
The performance of any work within the public street rights-of-way (including pedestrian, water
and sewer utility easements) requires a Street Work Permit issued by the Public Works
Department, Engineering Services Division prior to commencement of the work. Contact the
City of Fresno Public Works Department, Engineering Services Section at (559) 621-8686 for
detailed information. All required street improvements must be completed and accepted by the
City, or a deferral agreement for street improvements with financial security approved by the
Public Works Department and shall be executed and recorded, prior to final occupancy.
Repair all damaged and/or off grade off-site concrete improvements as determined by the City
of Fresno Public Works Department, Construction Management Division, (559) 621-5500.
North Maple Avenue: Collector (94')
(1) Dedicate 47 feet of property, from section line, for public street purposes within the
limits of this application to meet the current City of Fresno Collector Standards.
Deed documents for the required dedication shall be prepared by the applicant's
engineer and submitted to the Public Works Department, Engineering Division,
Special Districts/Projects and Right-of-Way Section with verification of ownership
prior to issuance of building permits. The cost of deed document processing and
recordation fee must be paid at the time of deed submittal. Deed documents must
conform to the format specified by the city. Document format specifications may be
obtained from the Public Works Department, Engineering Division, Special
District/Projects and Right-of-Way Section, (559) 621-8694.
(2) 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 pattern per Exhibit D (in memorandum from the Public Works
Department, Engineering Division, dated June 12, 2007). A 2 foot dedication for a
pedestrian easement is required.
(3) Construct 18 foot driveway approaches to Public Works Standard(s) P-2 and P-4.
(4) Construct 20 feet of permanent paving (measured from face of curb) within the
limits of this application.
(5) Construct an underground street lighting system to Public Works Standards E-1
within the limits of this application. Spacing and design shall conform to Public
Works Standard E-8 for Collector Streets OR identify the existing street light
locations on the plans, and that they are constructed per current City of Fresno
Public Works Standards.
C.3. TRAFFIC SIGNAL MITIGATION IMPACT FEE
a. This project shall pay the current 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 Institute of Transportation Engineers (ITE) Generation Manual for single family units
(fee rate as shown in the Master Fee Schedule).
C.4. FRESNO MAJOR STREET IMPACT (FMSI) FEE:
a. This Map is in the New Growth Area; therefore pay all applicable growth area fees and
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 6
City-wide regional street impact fees
C.5. Fresno Major Street Impact (FMSI) Requirements
a. Maple Avenue: Collector (Growth Area Street)
Dedicate and construct (2) 17' center section travel lanes and a 12' center two-way left
turn lane within the limits of this subdivision and continue south to the northerly limits of
APN 567-030-74. Stripe 250' left turn pockets at all major intersections. Dedication shall
be sufficient to accommodate additional paving and any other grading or transitions as
necessary based on a 45 MPH design speed. Paving to accommodate (2) northbound
lanes, (2) southbound lanes and a two-way left turn lane.
C.6. OFF-STREET PARKING FACILITIES AND GEOMETRICS
a. Off-Street parking facilities and geometrics shall conform to the City of Fresno, Public
Works Department, Parking Manual and City of Fresno Public Works Standard Drawing(s)
P-41, P-42 and P-43.
b. Provide parking space needs, circulation, access, directional signs (e.g. "Entrance", "Exit",
"Right Turn Only", "One Way" signs, etc.) as noted on Exhibit A.
b. Install 30" state standard "STOP" sign(s) at location(s) shown. Sign shall be mounted on
a 2" galvanized post with the bottom of the sign 7 feet above ground; located behind curb
and immediately behind a major street sidewalk.
C. Provide a minimum of 50 feet from the proposed gate to the back of the walk for vehicle
stacking at the entrance, and redesign to provide for an onsite turn around. Submit the
redesign to Louise Gilio for review and approval prior to permits.
d. If unable to meet minimum requirements, submit a detailed gated entry design to the City
of Fresno Public Works Department, Traffic Engineering, for approval.
i. Submit an operational statement for the proposed gate(s) to Bryan Jones of
the City of Fresno Public Works Department, Traffic Engineering, prior to
permits.
C.7. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FEE
a. 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 building permit.
C.8. WATER AND SEWER SERVICE REQUIREMENTS AND CONNECTION CHARGES
a. The City of Fresno Public Utilities Department is responsible for providing services to the
site. Development shall be in accordance with attached memorandum from the Public
Utilities Department, dated January 23, 2007.
Conditions of Approval
CUP No. C-07-005
November 14,2007
Page 7
b. Water and sewer connection charge obligations, and water and sewer Urban Growth
Management (UGM) charges, applicable to this project will be computed during the
building construction plan check process and shall be payable at time of issuance of
building permit unless other arrangements have been approved to defer such payments to
a later date. For information relating to City of Fresno water and sewer service
requirements and connection charges, contact Frank Saburit at 559-621-8077.
C.9. IRRIGATION DISTRICT/ CANAL REQUIREMENTS
The developer shall enter into an agreement with the Fresno Irrigation District providing for
piping the canal(s) and submit an executed copy of the agreement or commitment letter from
FID to the Planning and Development Department. All piping shall be located outside of the
proposed street right-of-way. Any piping across city streets shall be rubber gasketed reinforced
concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to
the Public Works Department, Engineering Division for review and approval. Identify the
proposed easement or cross section on the site plan.
Fresno Irrigation District (FID) has indicated, in its letter of January 29, 2007 that it has a
pipeline that traverses the west side of the project site. Please see the conditions from Fresno
Irrigation District in the above noted letter. In addition, comply with the letter from the Fresno
Irrigation District dated November 2, 2007 regarding Vesting Tentative Tract Map No. 5856.
C.10. SURVEY MONUMENTS AND PARCEL CONFIGURATION
a. All survey monuments within the area of construction shall be preserved or reset by a
Registered Civil Engineer or a person licensed to practice Land Surveying in the State of
California.
C.11. MAIL DELIVERY REQUIREMENTS
a. Contact the United States Postal Service, Fresno Office, for the location and type of
mailbox(es) to be installed in this project. If this project will include rental mailboxes,
include the information on number of boxes in the Operational Statement and note the
location of the boxes on the final corrected site plan.
C.12. URBAN GROWTH MANAGEMENT (UGM) PROCESS AND FEES
a. The project site is located within the Urban Growth Management (UGM) area. BUILDING
PERMITS CANNOT BE ISSUED UNTIL THE UGM PROCESS IS COMPLETE,
INCLUDING UGM DEVELOPMENT AGREEMENT IF APPLICABLE. Contact the
Planning and Development Department-Building and Safety Division (Land Division and
Engineering Section, ph. 559-621-8075) for details.
b. UGM street requirements shall be met, per the Public Works Department Engineering
Division and UGM sewer and water requirements shall be met per the Department of
Public Utilities.
C. UGM FEES: The subject property is located in UGM Major Street Zone, and UGM area
for water, sewer, fire station, and bridge infrastructure. UGM fees will be due at the time
of issuance of Building Permit at the fee rate listed in the Master Fee Schedule at the time
of payment. New UGM fees adopted by the Fresno City Council prior to issuance of
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 8
building permits may also apply.
NOTE: UGM Fee obligations for this project will be computed during the construction
plan check process. Any request for estimates prior to this time is subject to
payment of a Fee Exaction Charge as listed in the Master Fee Schedule.
d. The City of Fresno is restructuring of the Urban Growth Management process for all UGM
areas in the city pursuant to the update of the proposed 2025 General Plan. This process
entails a new fee structure for traffic signals, updating of fees for construction cost
indexing, updating fees for parks and fire stations, and restructuring fees for building out
all components of major streets in UGM areas. UGM fees shall be calculated at the time
of construction plan check, pursuant to the Master Fee Schedule in effect at that time.
Should future components of this fee update/restructuring process be approved, this
development shall be entitled to reimbursement for any costs of construction that exceed
the designated fee that may be established with this new process.
e. Fresno Major Streets Impact Fee Requirements
This project is in the New Growth Area; therefore pay all applicable growth area fees and
City-wide regional street impact fees.
A BUILDING PERMIT CANNOT BE ISSUED UNTIL THE UGM REQUIREMENTS HAVE
BEEN SATISFIED.
PART D - PLANNING AND ZONING REQUIREMENTS
D.1. PLANNING AND ZONING
a. Development is subject to the following plans and policies:
2025 Fresno General Plan and the Woodward Park Community Plan
The property's land use designation is medium low density residential.
The proposed project is considered a planned development and is allowed pursuant to
Section 12-211.3-H of the FMC subject to the provisions of 12-306-N-21.
b. Zoning
Development is proposed in accordance with City of Fresno R-1/UGM, (Single Family
Residential/Urban Growth Management)zoning (as requested through Rezone Application
No. R-07-004, which may be approved by the City Council) with the approval of a density
bonus for this project. Prior to occupancy, the applicant shall enter into an agreement with
the City for a term of not less than 30 years, guaranteeing that all the units will be reserved
for senior citizens, as defined by Section 12-304-13-13.
D.2. POPULATION DENSITY (Residential Projects)
a. The allowable density pursuant to the medium low density land use designated for the site
by the 2025 Fresno General Plan is 6.0 dwelling units per acre. Pursuant to the Section
12-304-13-13 of the Fresno Municipal Code, a density bonus may be granted on a project
whenever an applicant proposes to develop Housing for Senior Citizens. The maximum
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 9
population density allowed with this density bonus is 3.33 times the maximum population
density of this district. Thus, with a senior housing project the site can be developed at a
density of 19.8 dwelling units per acre. The 11.11 dwelling units per acre proposed by this
project is well under the allowed maximum density.
D.3. BUILDING HEIGHT
a. The maximum allowable residential building height in this district is three (3) stories and 35
feet (36), per FMC Section 12-211.5-D-1 ("building height" is defined in FMC
Section 12-105-B-26). Carports are accessory buildings, and are required to conform to
the height limitation of one story, not to exceed 12 feet to plate height.
b. Exhibit E dated April 27, 2007 is not to scale and is not dimensioned. Please submit
elevations that are to scale and dimensioned in order to determine the height of the
proposed buildings.
D.4. BUILDING SETBACKS AND LANDSCAPING
a. Provide the following minimum building setbacks:
(1) A minimum of forty-three feet (43') along North Maple Avenue (the property's eastern
boundary). Exhibit A dated October 29, 2007 shows 43 feet.
(2) Ten-foot (10') driveway cutoff setbacks for safe ingress and egress visibility are
required at all driveway entrances to North Maple Avenue. Buildings, signage, and
decorative landscape features which obstruct drivers' view shall not be allowed in
this corner cutoff area.
(3) A minimum of five (5) feet side yard setback shall be provided along the northern
side property line.
(4) A minimum of five (5) feet side yard setback shall be provided along the southern
side property line.
(5) A minimum twenty (20) feet rear yard setback shall be provided along the rear
property line.
b. Provide the following minimum landscape areas:
(1) Forty-three feet (43') of landscaping along Nortth Maple Avenue as shown on Exhibit
A dated October 29, 2007 and Exhibit L dated April 27, 2007.
(2) Provide additional landscaping as shown on Exhibit L dated April 27, 2007. Pursuant
to Section 12-306-N-21-c-3-ii, adequate open space shall be provided to the
residents of the development. The landscaping shown on Exhibit L complies with
this and shall not be removed or reduced.
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 10
(3) Wherever consistent with Public Works Department Street Tree policies, trees shall
be planted in the landscaped area along the street frontages of the site in order to
optimize shade for enhancing the subject property and public rights-of-way.
C. No structures may be installed or maintained within the above-noted required landscaped
setback areas, excepting landscape irrigation equipment, decorative fountain(s) and
required fences and walls. (Include this note on the final corrected site plan.)
EXCEPTION: the backflow prevention device required by the City's Department of Public
Utilities Water Division, may be located within the required landscape setback, provided it
shall be screened by landscaping or such other means as may be feasible and as
approved through review of final corrected exhibits. Any other exposed utility boxes,
transformers, meters, etc., may be located at the back of required landscape setbacks,
subject to approval of detailed special permit exhibits depicting these utility-related
features, and shall be screened by vegetation. All public utility equipment shall be located
within utility easements which shall be depicted on the final corrected site plan. All utility
equipment and appurtenances associated with the site, above- and below-ground, shall be
shown on the final corrected site plan.
d. Landscaping for this project is required to conform to City of Fresno water-efficient
landscape standards (contact Bobbi Jensen-McKee at the Department of Public Utilities
Water Division, 559-621-5309 for consultation prior to preparing final landscape plans).
e. Street trees shall be provided as required by the City of Fresno Public Works Department
Engineering Division Street Tree program, and may be integrated into the required
landscape strip along North Maple Avenue. At least one tree per 60' of frontage is
required. A $30 street tree planting inspection fee per required street tree shall be paid
prior to issuance of building permits. Please see the attached memorandum from Anne
Lillie in the Department of Public Works dated February 21, 2007.
f. Pursuant to Section 12-306-N-24-g(3) of the Fresno Municipal Code, each residential
parcel of land or lot shall have a minimum of one medium-sized tree (30-60 feet at
maturity) for each required parking space, plus one medium sized tree for each residential
unit. Trees shall be dispersed over the parking area to provide 50 percent shading of the
parking area surface within 15 years. This requirement may be modified by the director if
the standards for shading and perimeter planting have been met. Refer to the City's
"Performance Standards for Parking Lot Shading" guide for the approved tree list and
further details.
NOTE: One medium sized tree is defined as attaining a height of 30-60 feet at maturity.
Two small trees, up to 30-feet high at maturity may be substituted for one
medium sized tree.
Based on the number of parking spaces required by FMC Sections 12-306-1-6-e and 12-
306-1-6-g, sixty-one (61) medium sized trees will be required on-site in proximity to these
parking spaces. Exhibit L dated April 27, 2007 does not clearly depict the types of plant
species proposed on the site. From this landscape plan, it appears that at least 47
medium sized trees are proposed on site. The landscape plan may depict more medium
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 11
size tress but it is difficult to determine without species types clearly identified. Please
provide a landscape legend on the corrected landscape plan.
g. Trees in the landscape strips that are being planted within four feet of sidewalks shall be
furnished with root barriers to protect the concrete from damage. (Depict/note root
barriers in landscape exhibits.)
h. Detailed landscaping plans, showing types and sizes of plant material to be installed
(including plant species and any common names), and showing landscape irrigation
system detail, are required to be prepared by a landscape professional, submitted to the
Planning and Development Department, and approved by Planning and Development and
the Public Works Department Engineering Division before building permit approval. The
landscape plans must be consistent with the grading plan for this property and shall
provide information on any proposed fences/walls and any on-site decorative fixtures such
as boulders, sculptures, statuary, arbors, pergolas, gazebos, shade structures, fountains,
ponds/pools, etc. Submit three copies of landscaping and irrigation to -the Planning
Division. The Public Works Department Engineering Division Street Tree program shall
review and approve landscape plans. A street tree plan review fee and a median island
landscape review fee must be paid to cover the cost of these reviews (contact Hillary
Kimber, ph. 559-621-2924).
i. After review and approval, six final corrected copies of landscaping and irrigation plans
must be submitted to the Planning Division. Original stamped, signed copies of these
plans shall be inserted into the construction plan sets prior to obtaining building permits.
Street tree inspection fees must be paid prior to obtaining building permits, at $30 per tree.
j. Notify Public Works Department Engineering Division 72 hours prior to pouring sidewalk
concrete and provide tree planting location verification per the Parks Division note required
to be placed on landscape plans.
k. The use of utilities and installation of landscaping during temporary occupancy may be
allowed by the Building Official pursuant to FMC Section 13-100.110.1.2.
I. Landscaping must be in place before issuance of certificates of occupancy for structures in
this project. (Include this note on the final corrected site plan and on the landscape
plan.) Prior to final construction inspection, a written certification, signed by a landscape
professional approved by the Director, shall be submitted stating that the required
landscaping and irrigation system has been installed in accordance with the landscaping
and irrigation plans approved by the Planning Division, Development Department.
m. Trees shall be maintained in good health. Trees may not be trimmed or pruned to reduce
the natural height or overall crown of the tree, except as necessary for the health of the
tree and public safety; or as may otherwise be approved by the Planning and
Development Department. (Include this note is on the final corrected site plan and on
final corrected landscape plans.)
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 12
D.S. SPACE BETWEEN BUILDINGS
a. All accessory buildings (except those used for garage purposes) shall be located not less
than 6-feet from any main building. The proposed storage building depicted on Exhibit A
dated October 29, 2007 appears to be closer than the required 6-feet.
b. Depict minimum space between buildings and structures, as may be required by the
California Building Code, Fresno Fire Department, City Public Works Department, and City
Department of Public Utilities Solid Waste Division, on the final corrected site plans.
Distances shall comply with FMC 12-212.5-F.
C. All carports and canopies are considered structures, and require fire separations and
appropriate fire protection. Storage containers ("ISO" containers) are similarly considered
to be structures. ISO containers are not approved to be located or stored on the subject
property, and shall not be stored or sited on the property, until they are approved on final
corrected site plan and elevation exhibits, and until the applicant obtains construction
permits for them.
D.6. WALLS, FENCES, AND HEDGES
a. All fencing and walls as indicated on Exhibit A shall be six feet in height. All graffiti shall be
removed by the property owner within 24 hours of its appearance. All gates on the subject
property, including any residential driveway gates or access easement gates, shall have
emergency access bypass locks.
b. Temporary fences may be installed within the property prior to development of future
enclosing phases of self-storage buildings/walls. When used, they shall provide a visual
barrier (e.g. slats inserted in the chain link fencing).
C. Final corrected exhibits shall include information on the construction details of all walls,
fencing, and gates: any required fire ingress and egress points (including those for
temporary fencing which may be installed to separate developed from undeveloped
phases of this project); design (including color, texture, and accent features) of walls and
fences; and gate details such as direction of opening, unobstructed width of opening, locks
and security mechanisms, etc. Please provide an elevation exhibit depicting the proposed
entry gates that face onto North Maple Avenue.
d. Temporary fences to secure projects under construction are allowed, subject to fire
department access requirements. Any temporary fence shall be adequately secured and
constructed to prevent overturning due to wind, vandalism, and/or casual contact by the
general public. The construction shall be performed in such a manner as to minimize any
potential safety hazard which may occur as a result of improper fence installation or
damage to the fence.
e. Security wire (barbed wire) is not approved as a part of this special permit. If
security wire is subsequently desired by the project applicant or successor in interest, a
security wire permit shall be obtained pursuant to the provisions of FMC
Section 12-306-H.10.
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 13
D.7. OFF-STREET PARKING AND LOADING SPACES; SITE INTERNAL CIRCULATION
a. According to Section 12-306-1-6-e of the Fresno Municipal Code (FMC), in developments
that are classified as Housing for Seniors, there shall be one parking space for every three
dwelling units, or portions thereof. However, 12-306-1-6-g of the FMC allows additional
parking to be required if these standards would result in an insufficient number of off-street
parking spaces due to a reduced level of on-street parking spaces or insufficient guest
parking. Since the proposed project will be located on a major street (collector street)
people will be less likely to park on the street than they would be on a local street, even
though on-street parking is allowed. Also, since these units are going to be for-sale units,
it is important that each unit have parking and that the site provide adequate guest
parking. The applicant has proposed 61 parking stalls. 61 parking stalls are now
required.
b. Where lighting is provided to illuminate parking, building entrances, aisles, and other off-
street parking areas, it shall be down-directed, hooded/shielded and so arranged and
controlled so as not to cause a nuisance either to street traffic or to the living environment.
The amount of light required for public parking shall be provided according to 'the
standards of the Department of Public Works. Place this note on the final corrected site
plan.
C. Depict all light fixtures and standards on final corrected site plan and elevation drawings.
D.B. ACCESS
The following requirements related to access are in addition to those referenced in Special
Permit Condition Sections B, C, this Section D, and Section E.
a. At least two points of emergency access capable of accommodating Fresno Fire
Department apparatus shall be maintained throughout the construction phase of this
project and after the project is completed. All gates to this project shall be equipped with
emergency bypass locks. All driving aisles and parking/storage areas, permanent and
temporary, shall have all-weather surfacing capable of supporting the weight of urban fire
engines.
D.9. OUTDOOR ADVERTISING
a. Signs are not approved for installation as part of this special permit. A separate
application for Sign Review is required. (Include this note on the final corrected site
plan.) Contact the Ed Paz at the Planning and Development Department Public Services
Counter for information at 559-621-8277.
D.10. SPECIAL PLANNING AND ZONING REQUIREMENTS
a. All structures, including carports, must conform to provisions of the California Uniform
Building Code and the Fresno Municipal Code. Structures must meet the following
structural design/ engineering standards: seismic safety zone 3; 70 mile-per-hour design
wind; and Building Exposure C. All structures proposed for erection or construction on
this property must be specifically approved pursuant to the Planning and Development
Department's Revised Exhibit entitlement review process: depicted on site plan exhibits
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 14
(location and dimensions), and elevation drawings submitted for review and approval.
Revised exhibits showing added or modified structures are required to be approved, and
construction permits are required to be obtained from the City of Fresno, prior to
establishing or placing structures on the site.
b. Outdoor storage of materials is prohibited. All materials shall be stored within a
completely enclosed building.
PART E - CITY AND OTHER SERVICES
E.1. FIRE PROTECTION REQUIREMENTS
a. Comply with requirements of the attached Fresno Fire Department Memorandum dated
January 23, 2007 and the memorandum dated October 26, 2007 for Vesting Tentative
Tract Map No. 5856. Contact Rick Fultz at the Fire Prevention Bureau, for further
information.
b. Developer must install on-site hydrant. See Exhibit A dated October 29, 2007 for location.
Provide fire hydrant flow of 1500 GPM 8-inch water main minimum.
C. 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-inch white letters every 50 feet or approved signs every 50 feet).
d. Provide sign(s) (17-inch by 22-inch minimum) at all public entrance drives to the property
'Warning — Vehicles stopped, parked or left standing in fire lanes will be immediately
removed at owner's expense — 22658 California Vehicle Code — Fresno Police
Department 621-2300."
e. Required turnarounds shall be defined as fire lanes. Fire lanes shall be identified as
provided in the California Vehicle Code, Section 22500.1. Designate highlighted curbs as
fire lanes (red curb with "Fire Lane" in 3-inch white letters every 50 feet or approved signs
every 50 feet).
E.2. SOLID WASTE COLLECTION
a. Comply with the memorandum from the Public Utilities Department, Solid Waste Division
dated January 23, 2007. The Solid Waste Division has approved of the location of the
trash enclosure shown on Exhibit A dated October 29, 2007. Please see the above noted
memo for other requirements.
E.3. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT REQUIREMENTS
a. Comply with the attached Fresno Metropolitan Flood Control District (FMFCD) Notice of
Requirements for Tentative Tract Map No. 5856, dated October 31, 2007 and the Revised
Drainage Fee/Revision to Construction Requirements for Conditional Use Permit
Application No. C-07-005 dated October 10, 2007.
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 15
EA. IRRIGATION DISTRICT
a. Fresno Irrigation District's new Enterprise pipeline will traverse the subject property in an
exclusive easement recorded on October 15, 2007. These easements need to be shown
on the Exhibit A dated October 29, 2007.
b. Include the signature block of the Fresno Irrigation District on the final tract map as shown
on the attached letter from the Fresno Irrigation District dated November 2, 2007.
C. Comply with the attached letters from the Fresno Irrigation District dated January 29, 2007
and November 2, 2007.
E.5. COMMUNITY HEALTH
a. There are no conditions or requirements from the Fresno County Human Services System
Environmental Health Services.
E.6. AIR POLLUTION CONTROL
a. Comply with the attached San Joaquin Valley Air Pollution Control District letter dated
January 29, 2007.
b. In order to comply with Federal and state clean air mandates, additional regulations will be
enacted in the future, and may apply to the construction, use, and maintenance of features
in this project.
E.7. SCHOOL FEES
a. The project site is served by the Clovis Unified School District. The applicant will not be
required to pay any fees to the school district because the Clovis Unified school district
exempts senior citizen housing projects from the payment of school fees.
E.8. CALIFORNIA DEPARTMENT OF TRANSPORTATION
a. The California Department of Transportation (Caltrans), District 6, Office of
Intergovernmental Relations has submitted the attached comments dated January 26,
2007. Caltrans does not anticipate any significant impacts as a result of this project
PART F - MISCELLANEOUS REQUIREMENTS
1) Roof-mounted and detached mechanical equipment shall be screened from view and
acoustically baffled to prevent the noise level rating for the equipment from exceeding 60 Ldp at
the nearest residential property line. (Place this note on the final corrected site plan.)
2) If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately. (Include this note on the site plan.)
3) If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted. If the remains or other archaeological material is possibly Native American in origin,
the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately
contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized
Conditions of Approval
CUP No. C-07-005
November 14, 2007
Page 16
archaeologists. An archaeological assessment shall be conducted for the project, the site shall
be formally recorded, and recommendations made to the City as to any further site investigation
or site avoidance/preservation. (Include this note on the site plan.)
4) If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted
to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an
assessment and, if .the paleontologist determines the material to be significant, it shall be
preserved. (Include this note on the site plan.)
These Part F discretionary conditions of approval will ultimately be deemed mandatory unless
successfully appealed to the Planning Commission and City Council pursuant to the public
hearing process for this special permit.
REPORT TO THE PLANNINU —OMMISSION
Rezone Application No. R-07-04
Vesting Tentative Tract Map No. 5856
Conditional Use Permit Application No. C-07-05
November 14, 2007
Page 10
compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially
significant adverse environmental impacts. These factors have been evaluated as described above and
by the accompanying environmental assessment. Upon consideration of this evaluation, it can be
concluded that Rezone Application No. R-07-04, Vesting Tentative Tract Map Application No. T-5856,
and Conditional Use Permit Application No. C-07-05 are appropriate for the project site, subject to the
conditions listed below. Therefore, staff recommends that the Planning Commission:
1. RECOMMEND APPROVAL to the City Council of the environmental finding of Environmental
Assessment No. R-07-04/T-5856/C-07-05 dated August 21, 2007 that the project proposal
conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report
(MEIR No. 10130).
2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-07-04 to reclassify
approximately 2.7 acres of property from the AE-20/UGM (Exclusive Twenty Acre
Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single Family
Residential/Urban Growth Management) zone district.
3. APPROVE Vesting Tentative Tract Map No. T-5856 dated October 16, 2007 subject to compliance
with the Conditions of Approval dated November 14, 2007.
4. APPROVE Conditional Use Permit Application No. C-07-005 subject to compliance with
Conditions of Approval dated November 14, 2007, which includes a density bonus pursuant to
Section 12-304-B-13 of the FMC given that all of the units will be reserved for Housing for Senior
Citizens.
Attachments: Vicinity Map
2005 Aerial Photograph of Site
Vesting Tentative Tract Map No. 5856/UGM dated October 16, 2007
Exhibit A dated October 29, 2007 and Exhibits E and L dated April 27, 2007
Conditions of Approval for T-5856/UGM, Exhibit "A", dated November 14, 2007
Conditions of Approval for Conditional Use Permit Application No.'C-07-05 dated
November 14, 2007
Environmental Assessment No. R-07-04/T-5856/C-07-05 dated August 21, 2007
Ci,y of
PUBLIC WORKS DEPARTMENT
DATE: November 8, 2007
TO: BONIQUE SALINAS, Planner II
Planning and Development Department
FROM: HILARY KIMBER, Parks Supervisor II
Public Works Department
SUBJECT: CONDITIONS FOR TENTATIVE SUBDIVISION TRACT 5856 AND COMMUNITY
FACILITIES DISTRICT
1. The long term maintenance of all the items listed below is the ultimate responsibility of the
owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain
items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for
providing a mechanism approved by the City for the maintenance of such items.
• Maintenance of all Landscaping and Irrigation systems as approved by the Public Works
Department within the street right-of-ways (includes parkways and one half of median islands in
Major Streets), landscape easements, trails and outlots associated with the subdivision. All
outlots shall be dedicated to the City of Fresno for maintenance purposes and any related work
required.
• Maintenance of Sidewalks and Street Furniture as approved by the Public Works Department
within the street right-of-way and the landscape easements associated with the subdivision.
■ Maintenance of all landscape and irrigation systems on sides and in medians, decorative
concrete and pilasters included as entry treatments to the tract.
• Maintenance of all local street Curbs, Gutters and Sidewalks, and Median islands as approved
by the Public Works Department within the boundary of the tentative map.
• Maintenance and operating costs of all Local Street Lights as approved by the Public Works
Department within the boundary of the tentative map.
■ Maintenance of all Street Trees as approved by the Public Works Department within the
boundary of the tentative map.
2. An Annexation Request Package shall be submitted to the Public Works Department if the
owner/developer chooses to be annexed into the City's CFD for maintenance purposes to be
reviewed for acceptance to process. Packages must be complete with all required information in
order to be accepted. The Annexation Request Form is available on-line on the City's website
(http:\www.fresno.gov) under the Public Works Department Developer Doorway.
3. Proceedings to place the Final Map into a CFD SHALL NOT commence until the Final Map has
been annexed into the City of Fresno and the Final Map, Landscape and Street Construction Plans
are considered to be Technically Correct.
Any change affecting the Items in these conditions requires revision of this letter of conditions.
If you have any questions, please call me at 621-8794
c:PW File No. 10770
DPW CFD Conditions November 9,2007
City of
DEPARTMENT OF PUBLIC UTILITIES
November 15, 2007
TO: Bonique Salinas, Planner II
Development Department, Planning Division
THROUGH: Robert Weakley, Chief of Operations
Department of Public Utilities, Solid Waste Division
FROM: Chris Weibert, Management Analyst II
�v Department of Public Utilities, Administration
SUBJECT: TT 5856/UGM, Solid Waste Conditions of Approval
Location: West side of North Maple Avenue between East Perrin and East Shepherd
Avenues
The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting
Tentative Tract Map 5856/UGM that was submitted by Lars Andersen & Associates, Inc., on behalf
Dwayne C. Smith and Jeannie A. Smith. The following requirements and conditions are to be placed on
this vesting tentative tract map as a condition of approval by the Department of Public Utilities.
Solid Waste Division requirements have been addressed under Conditional Use Permit No. C-07-005.
Page 1 of I
Conditions of Approval TT5856.doe
File No.210.45
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Mr. Gil Haro, Planning Manager Dwayne C. Smith & Jeannie A. Smith
Planning& Development Department P.O. Box 692
City of Fresno Monterey, CA. 93942
2600 Fresno Street -
Fresno, CA 93721
MAP NO. 5856 PRELIMINARY FEE(S) (See below)
DRAINAGE AREA(S) " R " " - " DRAINAGE AREA " R " $20,787.00
DATE 10/31/07 DRAINAGE AREA - -
TOTAL FEE $20,787.00
The proposed development will generate storm runoff which produces potentially significant
environmental impacts and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The O
District in cooperation with the City and County has developed and adopted the Storm
Drainage and Flood Control Master Plan. Compliance with and implementation of this
Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact
of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance
prior to approval of the final map at the rates in effect at the time of such approval. The fee
indicated above is based on the tentative map. Contact the FMFCD project engineer prior to
approval of the final map for the fee.
Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the 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.
5856..Is 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METi%0POLITAN FLOOD CONTROL DISI RICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation, reimbursement will be made for the excess costs from
future fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. X a. Drainage from the site shall be directed as previously approved.
b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2
C. The grading and drainage patterns shown on the site plan conform to the
adopted.Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan
Facilities to be constructed by Developer".
X None required.
3. The following final improvement plans shall be submitted to the District for review prior to
final development approval:
X Grading Plan Storm Drain Plan X Final Map
X Street Plan Water& Sewer Plan Other
4. Availability of drainage facilities:
X a. Permanent drainage service is available provided the developer can verify
to the satisfaction of the City of Fresno that runoff can be safely conveyed
to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will
provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No. 2.
5. The proposed development:
Appears to be located within a 100 year flood prone area as designated on the latest
Flood Insurance Rate Maps available to the District, necessitating appropriate
floodplain management action. (See attached Floodplain Policy.)
sasv.Yu 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO METROPOLITAN FLOOD CONTROL DISI RICT
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. X 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 O
may be generated by operations at the development after construction.
■
a• State General Permit for Storm Water Discharges Associated with Construction
Activities, approved August 1999, (modified December 2002.) A State General
Construction Permit is required for all clearing, grading, and disturbances to the ground
that result in soil disturbance of at least one acre (or less than one acre if part of a
larger common plan of development or sale). Permittees are required to: submit a
Notice of Intent to be covered and must pay a permit fee to the State Water Resources
Control Board (State Board), develop and implement a storm water pollution
prevention plan, eliminate non-storm water discharges, conduct routine site
inspections, train employees in permit compliance, and complete an annual
certification of compliance.
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification (SIC) code. The following categories of industries
are generally required to secure an industrial permit: manufacturing; trucking;
recycling; and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:
submit a Notice of Intent to be covered and must pay a permit fee to the State Water
Resources Control Board, develop and implement a storm water pollution prevention
plan, eliminate non-storm water discharges, conduct routine site inspections, train
employees in permit compliance, sample storm water runoff and test it for pollutant
indicators, and annually submit a report to the State Board.
5856.ais 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO MEri __JPOLITAN FLOOD CONTROL DIS- AICT
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. See Exhibit No. 2 for additional comments, recommendations and requirements.
i"rald-E-
. Lakeman Project Engin r: Ashlyn Fukaga
District Engineer
C: Lars Andersen & Associates
4694 W. Jacquelyn Ave.
Fresno, CA. 93722
585fis1s 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
City of
DATE: November 5, 2007
TO: Bonique Salinas, Planner II
Development Department, Planning Division
THROUGH: Bryan D. Jones, T.E., Traffic Engineering Manager
Public Works Department, Engineering Division
FROM: Louise Gilio, Traffic Planning Supervisor
Public Works Department, Engineering Division
SUBJECT: Public Works Conditions of Approval
TT 5856, reference C-07-005, (Maple between Shepherd and Perrin )
Dwayne C. Smith and Jeannie A. Smith / Lars Andersen & Associates, Inc.
The Public Works Department, Traffic Planning Section, has completed its review and the following
requirements are to be placed on this tentative map as a condition of approval by the Public Works
Department.
General Conditions:
Comply with all conditions of C-07-005
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.
If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes, subdivider shall
pay all costs and fees associated with the City environmentally assessing the outlot to insure that it is free
of toxic or hazardous materials pursuant to the requirements of City Administrative Order 8-1, including,
but not limited to, performing a Phase I environmental assessment. The environmental assessment shall
be completed and all fees and costs for said environmental assessment shall be paid to the City prior to
subdivider's submittal of the Final Map for City approval.
Page 1 of 3
T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\T-5856 Maple btwn Shepherd&
Perrin.doc
Frontaqe Improvement Requirements:
Major Streets:
Maple Avenue: Collector
1. Dedicate 47' of property, from section line, for public street purposes within the limits of this
subdivision to meet the current City of Fresno Collector Standards.
2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be
constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Exhibit "D". A 2'
Pedestrian Easement is required. Identify on the map.
3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub-
division.
4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector
Streets.
5. Relinquish direct vehicular access rights to Maple Avenue from all lots within this subdivision.
Interior Streets:
Interior Streets: Private
Construct sidewalks on both sides of the private streets per ADA standards and the 2025 General Plan.
Refer to page 69 E-1-j.
Specific Mitigation Requirements: Required General Tract Map Revisions: The engineer shall
provide the required content and form as outlined below on the tentative tract map, rp for to scheduling a
meeting with the Planning Commission. Reference Fresno Municipal Code (FMC) Section 12-1004:
1. This tract will generate 23 a.m. /30 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is
not required
2. Pedestrian Easements: Identify all pedestrian easements on the map.
a. Major Streets: A 2' dedication for a pedestrian easement is required. (See Exhibit "D")
3. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno
Irrigation District (FID) providing for piping the canal(s) and submit an executed copy of the
agreement or commitment letter from FID to the Planning and Development Department. All
piping shall be located outside of the proposed street right of way. Any piping across city streets
shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the
street. Submit engineered plans to Public Works Department, Engineering Division for review and
approval. Identify the proposed easement and provide a final cross sectional detail on the
map.
4. Provide a minimum of 50' from the proposed gate to the back of walk, for vehicle stacking at both
entrances and redesign to provide for an onsite turn around.
5. Garage setback. Provide a minimum of 27' for backing out of the proposed garages.
Traffic Signal Mitigation Impact(TSMI) Fee:
This project shall pay the current 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
for single family units (fee rate as shown in the Master Fee Schedule).
Page 2 of 3
T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\T-5856 Maple btwn Shepherd&
Perrin.doc
Fresno Major Street Impact (FMSI) Fee :
This Map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide
regional street impact fees.
Fresno Major Street Impact (FMSI) Requirements:
Maple Avenue: Collector (Growth Area Street)
1. Dedicate and construct (2) 17' center section travel lanes and a 12' center two-way left turn lane
within the limits of this subdivision and continue south to the northerly limits of APN 567-030-74.
Stripe 250' left turn pockets at all major intersections. Dedication shall be sufficient to
accommodate additional paving and any other grading or transitions as necessary based on a 45
MPH design speed. Paving to accommodate (2) northbound lanes, (2) southbound lanes and a
two-way left turn lane.
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
TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\T-5856 Maple btwn Shepherd&
Perrin.doc
10'
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2' PED. EASEMENT
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RESIDENTIAL SIDEWALK PATTERN REF. & REV. CITY OF FRESNO
ON MAJOR STREETS I EXHIBIT "B" �
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�'Ity O
FIRE DEPARTMENT
Date: October 26, 2007
To: BONIQUE SALIVAS, Planner Il
Planning and Development Department , Current Planning
(A
From: MIKE SCHMIDT, Supervising Fire Prevention Inspector
Fire Department, Fire Prevention & Investigative Services
Subject: T-5856-UGM, a single lot subdivision for condominium purposes.
Hydrants
Developer must install on-site hydrant. See CUP for location. Provide fire hydrant flow
of 1500 GPM 8" water main minimum
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.
Note: Westernmost building/s will require fire sprinklers because of over-length dead-
end.
See CUP for additional site requirements.
TENTATIVE TRACT MP-.P NO. 5656
GOVERNMENT CODE§66020(d)(1)
A protest filed pursuant to subdivision (a) shall be filed at the time of approval or
conditional approval of the development or within 90 days after the date of the
imposition of the fees, dedications, reservations, or other exactions to be imposed on a
development project. Each local agency shall provide to the project applicant a notice
in writing at the time of the approval of the project or at the time of the imposition of the
fees, dedications, reservations, or other exactions, a statement of the amount of the
fees or a description of the dedications, reservations, or other exactions, and notification
that the 90-day approval period in which the applicant may protest has begun.
Improvements and payments shall not be required on or in front of any undeveloped
portion of a net acreage of ten acres or more which exists after the division of land. All
improvements and payments to be completed with development.
SEWER CONNECTION CHARGES FEE RATE
b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth)
c. Oversize Charge* $0.05/sq. ft. (to 100' depth)
d. Trunk Sewer Chargee $496/living unit
Service Area: Herndon
e. Wastewater Facilities Charge.- $2,119/living unit
f. Copper Avenue Sewer Lift Station Charge* N/A
g. House Branch Sewer Chargee 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* $804/net acre (parcels under 5 gross
acres)
k. Transmission Grid Main Bond Debt Service Charge* $304/net acre (parcels under 5 gross
acres)
I. UGM Water Supply Feelf $456/living unit
Service Area: 101-S
m. Well Head Treatment Feev $0/living unit
Service Area: 101
n. Recharge Feer $0/living unit
Service Area: 101
o. 1994 Bond Debt Service* $895/living unit
Service Area: 101
CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE
p. Fire Facilities Impact Fee - Citywide♦ $539/living unit
q. Park Facility Impact Fee - Citywide♦ $2278/living unit
r. Quimby Parkland Dedication Feer $1120/living unit
s. Citywide Regional Street Fee4 $8,361/adj. acre
t. New Growth Area Major Street Fee+ $18,790/adj. acre
u. Police Facilities Impact Fee - Citywide♦ $624/living unit
v. Traffic Signal Charge* $440.03/living unit
Notes:
r Due at Final Map.
* Due at Building Permit.
♦ Due at Certificate of Occupancy.
w► Deferrable through Fee Deferral Covenant.
NOV, 2.2007 10: 15AM CLCVIS UNIF SCH DIST N0.498 — P
CLOVIS October 31, 2007
5 U N t F A E D
C �r SCHOOL DISTRICT
Governing Domd
Sandra A.eengel
Brian D.Herybrd
Bonique Salinas Ginny L.Hovseplan
Planner IIcG�l\1P
City of FIesno n^.i l Richard Lake,C.A.A.
Eiizaberh J.Sandoval
Planning&Development Department
lP�l flm Van Volklnburg.D_D.S.
2600 Fresno Street, Third floor pE�> oQM�N Susan M.Walker,D.H.Sc.
Fresno, CA 93721
Subject. Vesting Tentative Map No. 5856/UGM
West side of Maple between Shepherd and Perrin Adminiseradon
Terry Bradley.Ed.D_
Dear Ms. Salinas: superinrendent
Virglnla Boris.Ed-D.
Associate 5uperl7tendent
This letter is iii response to your request for comment on the above-referenced Danlel E.K.Liser.Ed.D.
application, which would approve a vesting tentative tract reap for condominium Associate Superinrendcnt
purposes. It is our understanding that the condominium units would be available William C.McGuire
to senior citizens only. The District previously submitted comments on two Assoclare Superintendent
entitlements -07-004 and C-07-005 associated with this proposal letter dated Janet Young, erm
� ) P P � Associate Superintendent
February 7,2007).
The Clovis Unified School District exempts senior citizen housing projects corn
the payment of school facilities fees. However, the exemption must be recorded
with the Office of the County Recorder so that if the residential units are
converted to a non-senior project at a later date, school facilities fees will be
collected at the residential fee rate in effect at the time of conversion.
Thank you for the opportunity to comment.
Sincerely,
Bill McGuire
Associate Superintendent
Administrative Services
1450 Herndon Avenue= Clovis,.-CA 93611-0599
559-327-9000 -www.Cusd.Gom
rte, OFFICE OF
_
AR�RI(MAWORRIvS.- R�IC�
TELEPHONE(559)233-7161
FAX(559)233-8227
2907 S.MAPLE AVENUE
FRESNO,CALIFORNIA 93725-2218
YOUR MOST VALUABLE RESOURCE-WATER
November 2, 2007
Ms. Boni ue Salinas � O�E'��/��j
q v 2007
City of FresnoNN1Nq ANCf
Planning and Development Dept. DEVEIOPMEN.f
2600 Fresno Street, 3rd Floor
Fresno, CA 93721-3604
RE: VTTM No. 5856, APN: 567-030-10 NW Shepherd and Maple Avenues
FID's Enterprise No. 109 Canal
Dear Ms. Bonique:
FID's comments and requests are as follows:
1) Include FID signature block on the cover page—
FRESNO IRRIGATION DISTRICT, As Easement Holder
BY:
Jeff Boswell, President
BY:
Gary R. Serrato, General Manager/Secretary
2) FID requests that its easement be shown on the map with proper recording
information, and that FID be made a party to signing the final map which affect its
easement and canal/pipeline facility.
a. FID'S new Enterprise pipeline will traverse the subject property in an exclusive
easement recorded on October 15, 2007, as Document No 20070189816 Official
Records of Fresno County and on October 12, 2007, as Document No
20070189543 Official Records of Fresno County. These easements need to be
shown.
b. FID's existing 30-foot and 60-foot wide canal easement as disclosed by a grant
deed recorded February 13, 2004 as Instrument No 2004-0035161 will need to be
shown.
GAAgenciesTity'�TM5856.doc
BOARD OF President JEFFREY G. BOSWELL, Vice-President JEFF NEELY
DIRECTORS EDDIE NIEDERFRANK,STEVE BALLS,TOM E.STEFFEN,General Manager GARY R.SERRATO
November 2, 2007
Ms. Bonique Salinas
Page 2 of 2
c. The applicant is currently in the process of installing approximately 250 feet of
new 72" diameter concrete pipeline in substitution of the existing Enterprise
Canal. Until the placement of this pipeline is completed, FID requests that the
applicant be exempted from any condition that would require the construction of
public facilities or conveyance of deeds or easements within FID's canal
easement to any other party without FID's written consent.
Thank you for submitting this for our review. FID's Engineer Felix Vaquilar is currently
working on this project. Please feel free to contact him with any questions or concerns at 233-
7161 extension 344 or fvaquilar@fresnoirrigation.com.
Sincerely,
`Steve Bloem
Engineering Technician
Enclosure
cc: Bob Croeni
Lars Andersen & Associates, Inc.
Felix Vaquilar, FID
G AAgenc ies\City\TM5856.doc
D E P A R T M E N T O F P U B L I C W 0 R K S
TO: Bonique Salinas, Planner H
Planning Division
FROM: Hilary Kimber,Parks Supervisor II (559) 621-8794)
Public Works,Engineering Division
DATE: October 30, 2007
SUBJECT: Vesting Tentative Tractn Map T-5856 (Located on the west side of N. Maple
Avenue between E. Shpeherd and E. Perrin Avenues.
The Department of Public Works has reviewed the Vesting Tentative Tract Map proposed by on
engineering plans prepared by Lars Anderson &Associates, Inc, dated September 20, 2007. The
Department of Public Works offers the following comments regarding the requirements for landscaping
and irrigation in street right-of-ways, landscape easements, trails, outlots and Median Islands.
GENERAL REQUIREMENTS
STREET TREE REQUIREMENTS
1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal
Code and for the dedication of planting and buffer landscaping easements as determined by the
Planning Department. Street trees shall be planted at the minimum rate of one tree for each 60' of
street frontage by the Developer. Because Fresno Irrigation District has an irrigation canal(Gow#99)
located in the easement on the west side of Locan Avenue,the street trees in this location are waived.
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. Tree planting shall be within a 10' Planting and
Utility Easement.
a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per
lot whichever is greater.
b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works
"Standard Specifications."
c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be
reviewed and approved by the Department of Public Works, Engineering Services. A street tree
planting permit shall be required for all residential street tree planting.
d. Performance and payment securities,paid with final map, will be released when all landscaping
installed on public and/or city controlled property is in conformance with the
Specifications of the City of Fresno.
e. Upon acceptance of the required work, warranty security shall be furnished to or retained by
the city for guaranty and warranty of the work for a period of ninety days following acceptance.
BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS
1. The subdivider shall provide longterm maintenance for all proposed landscaped areas by either petitioning
for annexation in the Community Facilities District or by forming a Home Owner's Association.
2. Maintenance Service Through Annexation into the Community Facilities District. Landscape
and Irrigation plans are required and shall be submitted to the Department of Public Works for review
and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and
be included in the Department of Public Works street construction plan set for the final map. Fees
are applicable when the subdivider elects to have landscaping maintained by annexing into the City's
Community Facilities District.
A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City
Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23
& 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer
landscaping.
B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer
and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a
more uniform appearance on the street. Variances in the landscape concept will be acceptable, but
the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much
as possible.
C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details.
All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1
with 1 foot of level ground between the slope and the back of the side walk and/or face of fence.
Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic
erosion control netting in combination with ground cover species approved by the Department of
Public Works/Engineering Services Division.
D. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows.
E. No private flags, signs or identification of any kind shall be permitted in the right-of-way, within
the City -controlled easement or on the fence or wall facing the street.
F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the
responsibility of the City of Fresno Water Division and may not be included in the CFD.
MEDIAN ISLAND LANDSCAPE REQUIREMENTS
1. When median islands front onto the proposed development project, applicants shall submit Plans
to the Public Works/Engineering Services showing the location and configuration of all median
islands fronting the proposed project.
2. The Public Works Department will review and evaluate existing median island(s)for a determination
of all required improvements prior to approval of Final Map.
3. Landscape and irrigation is required on all new construction of median islands and shall be applied
in accordance with the City of Fresno, Public Works Department Standards & Specifications and
FMC sections 12-306-24 and 12-306-23. The Public Works Department requires all proposed median
islands to be constructed with 2 foot wide colored concrete strips,flush along curb edge,in a 12 inch
by 12 inch brick red slate pattern.
4. Trees shall not be planted in sections which are less than eight(8) feet wide unless approved by the
Public Works Department. Sections less than eight (8) feet shall be capped with concrete as an
integral part of the off site improvements, whether the median is landscaped or not.
OUTLOTS
1. The Department of Public Works will not be responsible for the maintenance of any outlots if they
are not included into the Community Facilities District(CFD). If the outlots are to be included into
the CFD, the Department of Public Works will require approving landscape and irrigation plans to
be submitted with landscape buffer plans prior to inclusion into the CFD. Based on the Vesting
Tentative Subdivision Map there are five(5)possible open green spaces that should be labeled Oulots
`A'-`E' (not `Parks')on the landscape plans. The two traffic calming devices located on E.Ramona
Way and Robinson Avenue are eligible for CFD status and should be included in the landscape plans.
TRAIL REQUIREMENTS
1. The trail shall be constructed in accordance with the"Master Trails Manual"and the Public Works
Department standards. The subdivider is responsible for the trail construction. The subdivider is
responsible for all landscape and irrigation improvements for and within the trail. Construction plans
shall be submitted and shall include landscaping and automatic drip irrigation design. Trail cross-
sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review
and approval. These plans shall be in compliance with current City standards and approved by the
Department of Public Works. Landscaping within the regional/multipurpose trail shall include large,
medium and low-growing shrubs planted from 3 to 6 feet apart depending on variety,and trees spaced
approximately 25 to 45 feet apart to provide 50%shade coverage onto the planting area and pathway.
Landscaping adjacent to walls or fences shall comply with "Landscaped Buffer Development
Standards." All planting areas shall be irrigated with an automatic system.
:200710000468
CIT. ,F FRESNO — ENVIRONMENTAL AS__SSMENT
INITIAL STUDY AND FINDING OF CONFORMITY/MSIR NO. 10130
REIV�FOR Fl :
Pursuant to Section 21157.1 of the California Public Resource Code (California
ILJI II.I
Environmental Quality Act) the project described below is determined to be within the
scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the AUG 2 12007
2025 Fresno General Plan
S ri AP
Applicant: Initial Study Prepared By: 0 Ty
Dewayne Smith Nancy Morrison, Staff Planner
P. O. Box 692 August 21, 2007
Monterey, California 93942
Environmental Assessment Number: Project Location (including APN):
Rezone Application No. R-07-04 West side of North Maple Avenue between
Tentative Tract Map No. 5856 East Shepherd 6d East Perrin Avenues
Conditional Use Permit Application No. C-07-05 (APN 567-030-10)
Project Description:
Dewayne Smith has filed Rezone Application No. R-07-04, Tentative Tract Map No. 5856, and Conditional Use Permit
Application No. C-07-05 pertaining to approximately 2.62 acres of property located on the west side of North Maple
Avenue between East Shepherd and East Perrin Avenues. The applicant proposes the development of a 30-unit senior
housing complex and the creation of a one common lot condominium "airspace" subdivision for the 30 units.
The property is located within the jurisdiction of the Woodward Park Community Plan and the 2025 Fresno General
Plan. The Woodward Park Community Plan and the 2025 Fresno General Plan designate the subject property for
medium-low density residential planned land uses. The rezone application is a request to redesignate the site from the
AE-20/UGM (Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the R-1/UGM (Single
Family ResidentiaUUrban Growth Management) zone district. If approved, the rezone, tentative tract map, and
conditional use permit applications would facilitate the development of the site with multiple family residential dwellings
for senior citizens. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno
General Plan), the planned land use designation of medium-low density residential is consistent with the R-1 zone
district.
The subject property is currently developed with a rural residence, to the south is a planned office/mini storage
development, and to the immediate north is a senior citizens multiple family residential development.
Conformance to Master Environmental Impact Report (MEIR) NO. 10130:
The recently adopted 2025 Fresno General Plan and the Woodward Park Community Plan designate.the subject site for
medium-low density residential planned land uses. The re4uested R-1/UGM (Single Family ResidentiaUUrban Growth
Management) zone district for the subject property conforms to the medium-low density residential planned land use
designation.
The Planning and Development Department staff has prepared an initial study and environmental checklist and
evaluated the proposed rezone, tentative tract map, and conditional use permit applications in accordance with the land
use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental
Impact Report (MEIR) No. 10130. The subject property is currently developed with a rural residence but may be further
developed at an intensity and scale that is permitted by the planned land use designation and proposed zone district
classification for the site. Thus, the rezone, tentative tract map, and conditional use permit applications will not facilitate
an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned
land use designation. Moreover, it is not expected that the future development will adversely impact existing city service
systems or the traffic circulation system that serves the subject property. These infrastructure findings have been
verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable
mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not
cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those
identified by MEIR No. 10130 as provided by CEQA Section 15177(b)(3).
Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be
determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources
Finding of Conformity Under MEIR No. -1
Environmental Assessment No. R-07-04/T-5856/C-07-05
August 21, 2007
Page 2
Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause
significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project
proposal, the environmental impacts noted in the MEIR, pursuant to.the 2025 Fresno General Plan land use designation,
include impacts associated with the medium-low density residential planned land use designation specified for the
subject property. Based on this initial study, the following findings are made: (1) The proposed project was identified as
a Subsequent Project in MEIR No. 10130 because its land use designation and permissible densities and intensities are
set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project will not generate additional significant effects not
previously identified and analyzed by the MEIR (as indicated on the attached Environmental Assessment Checklist) for
the following reasons. The city's investigation of the site and the project have revealed that there are no unique
topographic, soil, or geological conditions at the site that will be impacted by this project, that there are no aspects of this
project that will result in impacts to air quality, water supply or quality, plant life or animal life beyond those analyzed in
the MEIR. The site is a 2.62 acre parcel located on the west side of North Maple Avenue, north of East Shepherd
Avenue within an urbanized area. There is no evidence that the site contains any habitats for wildlife, unique, rare, or
endangered plants or animals, or historic buildings, or historic resources. The project is consistent with the 2025 Fresno
General Plan planned land use designation for this site. As such, the MEIR's mitigation measures related to air quality,
water, noise, light and glare, transportation and circulation, and urban services have been applied to this project. The
Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the 30-unit
senior citizens project and the expected traffic generation (300 average daily trips ADT) will not adversely impact the
existing and projected (year 2025) level of service (LOS) for Maple Avenue (LOS of C) based an the circulation system
analysis contained in MEIR No. 10130. There is no evidence that this site is subject to flooding, contains any hazardous
materials, or that the project will generate or release hazardous substances beyond those already analyzed by the
MEIR, or result in an adverse change in course of flow of flood waters. Finally, this project is located in an urbanized
area of the city. As such, there is no evidence that this project will have any visual impacts on any scenic vistas or
views. Thus, the scope of the work and impacts to the site and surrounding area were fully analyzed under the MEIR.
As a result, (3) no new additional mitigation measures are required because the proposed project will not generate
additional significant effects not previously identified and analyzed by the MEIR, as explained above. Therefore, the
project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines.
Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177(d) of the
CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project
proposal as noted in the attached mitigation monitoring checklist. Public notice has been provided regarding staff's
finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources
Code (CEQA provisions).
M
O 8 • �/ o
Gilbrert J. Haro Date
Planning Manager, City ow'. no
Attachments: Environmental Checklist/initial Study for Environmental Assessment No. R-07-04/T-5856/C-07-05
Mitigation Monitoring Checklist(MEIR) No. 10130 for Environmental Assessment No. R-07-04/T-5856/C-07-05
EN DNMENTAL ASSESSMENT (EA) C KLIST _200710000468
POTENTIAL ENVIRONMENTAL EFFECTS
EA NO. R-07-04/T-5856/C-07-05
1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES
CONSIDERATIONS 1 11.1 Availability of fire protection
1 1.1 Geologic hazards, unstable soil conditions 1 11.2 Lack of emergency vehicle access
1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention
1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities
1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size
1 11.6 Availability of sewer lines of adequate capacity
2_0 AIR QUILITY 1 11.7 Availability of storm water drainage facilities (on or
1 2.1 Substantial indirect source of pollution off site)
1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas
1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation
1 2.4 Generation of dust except during construction
1 2.5 Adverse local climatic changes 12.0 HAZARDS
1 12.1 Risk of explosion or release of hazardous
3.0 WATER substances
1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding
use 1 12.3 Adverse change in course of flow of flood waters
1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents
1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste
1 3.4 Pollution of surface or ground water supplies sites
1 3.5 Reduction in ground water recharge
13.0 AESTHETICS
440 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view
1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions
endangered species 1 13.3 Removal of street trees or other valuable
1 4.2 Reduction in acreage of agricultural crop vegetation
1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area
agricultural land
14.0 HISTORICAL/ARCHAEOLOGICAL
5_0 ANIMAL LIFE 1 14.1 Removal of historic building, disruption of
1 5.1 Reduction in the numbers of any rare, unique or archaeological site
endangered species 1 14.2 Construction or activity incompatible with adjacent
1 5.2 Deterioration or displacement of valuable wildlife habitat historic site
6.0 HUMAN HEALTH 15.0 ENERGY
1 15.1 Use of substantial amounts of energy or fuel
7_0 NOISE 1 15.2 Substantial increase in demand upon existing
1 7.1 Increases in existing noise levels sources of energy
1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy
8.0 LIGHT AND GLARE EXPLANATION OF RATINGS
1 8.1 Production of glare which will adversely affect
residential areas "0" Insufficient Information
1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the
potential environmental effects which may result from the
9.0 LAND USE proposed project in this category.
1 9.1 Incompatibility with adopted plans and policies
1 9.2 Acceleration of growth rate "1" No significant Environmental Effect
1 9.3 Induces unplanned growth The proposed project will not have an adverse
1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is
characteristics not substantially unusual or of undesirable magnitude.
This rating is also utilized in cases where the category is
10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration.
1 10.1 Generation of vehicle traffic sufficient to cause capacity
deficiencies on existing street system "2" Moderate Environmental Effect
1 102 Cumulative increase in traffic on a major street for which The proposed project will have an adverse environmental
capacity deficiencies are projected effect in this category, which is of sufficient magnitude to
1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. However, this effect is not
pedestrians substantial enough in itself to require the preparation of an
1 10.4 Routing of non-residential traffic through residential area Environmental Impact Report, and is mitigable through
1 10.5 Insufficient or poorly located parking project changes and conditions.
1 10.6 Substantial increase in rail and/or air traffic
"3" Significant Adverse Environmental Effect
The environmental effect identified in this category
substantiates in itself or contributes towards a finding that
the proposed project has a potentially significant adverse
effect on the environment sufficient to require the
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