HomeMy WebLinkAboutT-5903 - Conditions of Approval - 1/14/2011 FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13026
The Fresno City Planning Commission at its regular meeting on September 1,2010,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. 5903/UGM was filed with the City of Fresno and
proposes to subdivide the subject property into a 6 lot and 1 remainder lot single-family residential
subdivision on approximately 12.13 acres(6 lots on 4.48 acres and 1 remainder on 7.64 acres),
located on the west side of North Chestnut Avenue alignment,north of East Copper Avenue;and,
WHEREAS,on January 11,2010,the District 6 Plan Implementation Committee recommended
approval of the vesting tentative tract map;and,
WHEREAS,on August 18,2010,the Commission received a staff report and related information,
environmental documents and considered testimony regarding the requested subdivision;and,
WHEREAS,the applicant questioned the need for sidewalks within his project,whether the Fire
Transition Fee requirement is applicable to the project and contested the requirement for the
construction of a water supply well at the Commission hearing;and,
WHEREAS, staff explained to the Commission that a General Plan Amendment (A-09-009)
regarding sidewalks was in process which allows the submittal of a pedestrian access plan as an
alternative to constructing sidewalks on both sides of the street;and,
WHEREAS,the Commission continued the August 18,2010,hearing to September 1,2010,in
order for staff and the applicant to meet regarding the requirement for the payment of Fire Transition
Fees and the requirement for a water supply well;and,
WHEREAS,during the continued September 1,2010,hearing,the Commission received a staff
report and related information,environmental documents and considered testimony regarding the
requested subdivision;and,
WHEREAS,the Development and Resource Management Department staff recommended approval
of the proposed project subject to the conditions of approval contained in the staff report dated
September 1,2010;and,
WHEREAS,the applicant spoke at the hearing and explained that he was not in agreement with the
Fire Transition Fee requirement,however,he would not appeal the requirement;and,
WHEREAS,the applicant did not speak in opposition to the re-written Department of Public Utilities,
Water Division memorandum,relating to the waterwell requirement,dated September 1,2010;and,
WHEREAS,no neighbors spoke in support oropposition ofthe project at the Commission hearing;
and,
NOW,THEREFORE,BE IT RESOLVED that the Fresno City Planning Commission hereby finds
and determines that there is no substantial evidence in the record to indicate that the vesting
tentative tract map 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.
Planning Commission Resolution No. 13026
Vesting Tentative Tract Map No.5903/UGM
September 1,2010.
Page 2
10130) and Mitigated Negative Declaration No. A-09-02 dated July 16, 2010, prepared for
Environmental Assessment No.C-08-293/T-5903.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of
Vesting Tentative Tract Map No.5903/UGM,is consistent with the adopted 2025 Fresno General
Plan and Woodward Park Community Plan and the findings required pursuant to Section 66410 et.
seq.of the California Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting
Tentative Tract Map No. 5903/UGM, subject to the Development and Resource Management
Department Conditions of Approval dated September 1,2010,and the following modifications and
additions:
1. Condition No.40:
Comply with all of the requirements of the attached Department of Public Utilities,Water
Division memorandum dated September 1,2010.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by
Commissioner Hansen-Smith,seconded by Commissioner Medina.
VOTING: Ayes - Hansen-Smith, Medina, Caprioglio, Dawar,Torossian(vice chair),
Vasquez,Holt(chair)
Noes - None
Not Voting - None
Absent - None
DATED:September 1,2010 HN M.DUGAN,,AICP,Secretary
" Fresno City Planning Commission
Resolution No.13026
Tentative Tract Map No.5903/UGM
Filed by Gary G. Giannetta on behalf of
Norman Kizirian
Action:Approve
"y°' REPORT TO THE PLANNING COMMISSION
AGENDA ITEM NO. VII-A
COMMISSION MEETING 9/01/10
September 1, 2010 APPROVEDBY
FROM: JERRY D. BISHOP, Assistant Director / ter ,
Development and Resource Management Department DEP f RTMENT DIRECTO;
KEITH R. BERGTHOLD, Assistant Director
Development and Resource Management Department
THROUGH: MIKE SANCHEZ, Planning Mana
Development Services/Plannin��
BY: ISRAEL TREJO, Planner
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Development Services/Planning I
SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5903/UGM AND
ENVIRONMENTAL ASSESSMENT NO. C-08-293/T-5903
BACKGROUND
Gary G. Giannetta, on behalf of Norman Kizirian, has filed Conditional Use Permit Application No.
C-08-293 and Vesting Tentative Tract Map No. 5903/UGM pertaining to approximately 12.13 acres of
property located on the west side of the North Chestnut Avenue alignment, north of East Copper Avenue.
Conditional Use Permit Application No. C-08-293 is a request to establish a Planned Development, which
proposes to establish a private street and modified property development standards, including lot coverage
and yard requirements. The lots will take access from a proposed gated community to the west of the
subject site. Vesting Tentative Tract Map No. 5903/UGM proposes to subdivide the subject property into a
six lot, and one remainder lot, single family residential planned development subdivision at a density of
0.74 units per acre; six lots are proposed on 4.48 acres, while the remainder is proposed at 7.64 acres.
The subject property is located within the 2025 Fresno General Plan and the Woodward Park Community
Plan. The 2025 Fresno General Plan and the Woodward Park Community Plan designate the subject site
for low density residential (0.00 to 2.37 dwelling units per acre) planned land uses. Pursuant to section 12-
403.B.2 of the Fresno Municipal Code, a zone district that does not meet the criteria of the Zone District
Consistency Table (section 12-403.B.1) may be deemed consistent with the corresponding land use
designation upon the submittal of a development plan. The development and subdivision of the
subject property in accordance with Conditional Use Permit Application No. C-08-293 and Vesting
Tentative Tract Map No. 5903/UGM are consistent with the 2025 Fresno General Plan and
Woodward Park Community Plan.
PLANNING COMMISSION HEARING OF AUGUST 18, 2010
This item was originally heard before the Fresno City Planning Commission on August 18, 2010. On said
date, after taking testimony from staff and the project proponents, the Planning Commission continued the
item to September 1, 2010. The Planning Commission requested staff to research and possibly provide
resolution on two issues regarding the subject application. One of the issues relates to the payment of the
Fire Transition Fee prior to approval of a Final Map for the subject property. The other issue relates to the
requirement for the construction of water well as a condition of approval for the subject project.
Fire Transition Fee
Item No. 24, within the conditions of approval dated August 18, 2010, for Vesting Tentative Tract Map No.
T-5903/UGM, requires the applicant to pay his proportional share of the Fire Transition Fee prior to
approval of a Final Map. At the August 18, 2010, Planning Commission hearing, Jeffrey Roberts spoke on
behalf of the project proponent and contested item No. 24. After much discussion, the Planning
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5903/UGM
September 1, 2010
Page 2
Commission delayed making a decision on the condition, in order to allow staff time to address the issues
associated with said condition of approval.
Upon further review, staff has revised item No. 24, within the conditions of approval for Vesting Tentative
Tract Map No. T-5903/UGM. Item No. 24 has been amended to read: `The Applicant shall pay the Fire
Transition Fee that pertains to the property that is the subject of entitlement application T-5903/C-08-293,
calculated pursuant to the provisions of the Transition Agreement Between the City of Fresno and the
Fresno County Fire Protection District dated November 20, 2003 ("Fire Transition Agreement"), prior to
approval of the Final Map for Vesting Tentative Tract Map No. 5903/UGM or when owed to the FCFPD
pursuant to the terms of the Fire Transition Agreement, whichever is earlier. Applicant shall not be
responsible to pay the Fire Transition Fee if prior to the due date for payment of the fee, the City of Fresno
confirms in writing that the Applicant shall not be required to pay the fee."
The Fire Transition Fee is the product of an agreement entered into between the City and the Fresno
County Fire Protection District in November 2003. This Agreement requires the City to pay the FCFPD a
one-time fee based upon a calculation of the property tax revenue that will be received by the City during
the first ten years from any property that is detached from the FCFPD and annexed to the City of Fresno.
The purpose of this fee is to assist the FCFPD financially as it adjusts to the loss of property tax revenue
received from property that is annexed into the City. The City has determined that this fee should be paid
by the development projects who seek to be annexed into the City. As such, the City has placed the
requirement 'that development projects that require detachment from the FCFPD and annexation into the
City pay this fee.
Department of Public Utilities
A second issue raised at the August 18, 2010, Planning Commission meeting relates to item No. 40 in the
conditions of approval, dated August 18, 2010, for Vesting Tentative Tract Map No. T-5903/UGM. At the
August 18, 2010, Planning Commission hearing, Gary G. Giannetta contested the Department of Public
Utilities - Water Division letter dated February 11, 2010. Specifically, he contested condition No. 5, which
is the requirement for the construction of a water supply well. Darius Assemi, President of Copper River
Development Company Inc., submitted a letter to the Development & Resource Management Department
dated August 16, 2010. The letter indicates that the property owner of T-5903/UGM is a participant in the
construction of Copper River Ranch water wells and is, therefore, entitled to the water credits needed for
the development of the subject project.
In response, the Department of Public Utilities has prepared a revised condition of approval letter dated
August 25, 2010. The letter explains that at the time Vesting Tentative Tract Map No. T-5903/UGM
processes their Final Map, the Director of Public Utilities (Director) will evaluate the water well capacity and
unallocated supply within Copper River Ranch including demands for the subject tract map. If the
evaluation determines that Copper River Ranch has an appropriate water supply for all development within
Copper River Ranch, and the subject tract map, then an executed partnership agreement between Copper
River Ranch and Vesting Tentative Tract Map No. T-5903/UGM shall be submitted and approved by the
Director. Upon approval of the executed partnership agreement, the requirements stated in condition No.
5 will be satisfied. However, if the Director determines that Copper River Ranch does not or will not retain
the water supply capacity to meet the existing and future demands of Copper River Ranch, and the subject
tract map, the water well condition No. 5 shall be required.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5903/UGM
September 1, 2010
Page 3
RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
1. ADOPT the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact
Report (MEIR) No. 10130 dated July 16, 2010, which was prepared for Conditional Use Permit
Application No. C-08-293 and Vesting Tentative Tract Map No. 5903/UGM.
2. APPROVE Vesting Tentative Tract Map No. 5903/UGM subject to compliance with the Revised
Conditions of Approval dated September 1, 2010.
Attachments: Transition Agreement Between the City of Fresno and the Fresno County Fire Protection
District dated November 20, 2003
Letter from Darius Assemi dated August 16, 2010
Department of Public Utilities letter dated August 25, 2010
Revised Conditions of Approval for T-5903/UGM dated September 1, 2010
TRANSITION AGREEMENT BETWEEN THE
CITY OF FRESNO E
E
AND THE
FRESNO COUNTY FIRE PROTECTION DISTRICT
REGARDING TRANSFER OF CERTAIN
GENERAL AD VALOREM REAL PROPERTY TAX
REVENUE GENERATED BY ANNEXATIONS
THIS IS AN AGREEMENT dated for convenience as of oca;
2003 , by and between the CITY OF FRESNO, a charter city and
municipal corporation of the State of California ( " CITY" ) , and the
FRESNO COUNTY FIRE PROTECTION DISTRICT, a local fire protection
district in the County of Fresno, State of California (organized and j
operatedpursuant to the Fire Protection District Law of 1987,
Health and Safety Code Sections 13800 et seq. ) ( "DISTRICT") .
Recitals
(1) DISTRICT currently is the primary provider of fire j
protection service and receives general purpose ad valorem propert
tax revenue from real property within its territorial limits, sucK
revenue being based on application of the combined "parent zone" and
applicable "service zone" rates to the taxable value of the real
property within such territory.
(2) DISTRICT' s current territorial limits include certain
unincorporated territory in DISTRICT' s Service Zone 10 within which {
DISTRICT- is-thy-primary provider and also receives such revenue . i
(3) Expansion of CITY Is incorporated territory may include the
detachment of territory from DISTRICT' s Service Zone 10 and the
transfer of such territory to CITY.
(4) Under Government Code Section 57202, DISTRICT is
immediately relieved of such primary provider obligation for
detached territory upon the effective date of any such detachment .
Pursuant to Government Code Sections 54902 and 54902 .1, DISTRICT may
continue as a taxing agency in such territory for an additional
period of time, up to eighteen (18) months, depending upon when the
Statement of Change is filed with the County Auditor and Assessor,
and continue to receive such property tax revenues.
(5) Without affecting CITY' s obligation -to assume the primary
provider obligation for detached territory as of the effective date
of any such detachment, CITY and DISTRICT wish to provide loner
transition periods and more gradual phase-outs of DISTRICT' s receipt
of revenue from detached territories after the effective date of
such detachment for the purpose of mitigating the economic effects
of such detachments on DISTRICT' s ability to provide fire protection
service in the remainder of its jurisdiction, for the mutual benefit
of CITY and DISTRICT.
(6) The parties intend by this Agreement that after CITY begins
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receiving property tax revenues from territory detached from
DISTRICT and annexed to CITY, CITY shall, at the times and over the
periods described below, transfer to DISTRICT the Base Year property
tax revenues described below. CITY shall retain all other tax
revenues from the detached/transferred territory.
(7) The parties intend to provide different schedules for
property tax revenue transfers in recognition of the different
levels of service required for different territories based on the
state of development of those territories prior to annexation.
(8) As more specifically described below, the parties intend
by this Agreement that for annexations determined to be "not
substantially developed" prior to annexation, CITY shall pay to
DISTRICT an amount equal to 90 percent of the Base Year Revenues
generated by such annexed territory for a period of ten (10) years.
CITY shall pay such aggregate amount to DISTRICT within 60 days
after the end of the ffiscal year during which CITY commences to
receive its apportioned share of the general purpose ad valorem
property tax revenues from the annexed territory.
(9) As more specifically 'described below, that parties intend
by this Agreement that for annexations determined to be
"substantially developed" prior to annexation, CITY shall pay to
DISTRICT an amount equal to one hundred percent (100%) of Base Year
Revenue for the first year; eighty percent (%80) of Base Year
Revenue for the second year; sixty percent (60%) of Base Year
Revenue for the third year; forty percent (040) of Base Year Revenue
for the fourth year; and twenty percent (20%) of Base Year Revenue
of the fifth year. City will pay this aggregate amount in a lump sum
within sixty (60) days after the end of the fiscal year in which
CITY commences to receive CITY' s apportionment of general purpose
ad valorem real property tax revenue from the annexed territory.
Annexations in which the total property tax revenue transfer to
DISTRICT will exceed $100, 000 shall be exempt from the terms of this
agreement and be subject to separate negotiation between CITY and
DISTRICT. Unless and until such a separate agreement is entered into
by CITY and DISTRICT for an exempt annexation, it shall be deemed
that no transition agreement exists between CITY and DISTRICT for
such annexation.
(10) The parties wish to provide a clear means of
administration and dispute resolution for purposes of this
Agreement .
NOW, THEREFORE, CITY and DISTRICT agree as follows :
Section 1 . Effect of Recitals
The foregoing recitals are true and correct and are part of
this Agreement . They constitute the fundamental reasons for and
basic tenets of this Agreement.
Section 2 . Definitions/Interpretation of Agreement
2 . 1 Unless the particular provision or context otherwise
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requires, the definitions contained in this section (construed
against the background of California laws as of the date of this
Agreement regarding annexations [Government Code Sections 56000, et
seq;1 and real property taxation [Constitution, Article 13A;
Division 1 of the Revenue and Taxation Code relatin5 to "Property
Taxation"N shall govern the construction, meaning, interpretation
and application of such words in this Agreement, taking into account
the fundamental reasons and basic tenets for same.
2 .2 "Annexation" means a specific territorial area described
in an executed "Certificate of Completion" for a completed change
of organization or reorganization which effects a detachment of
territory from DISTRICT and a transfer of same to CITY as of the
effective date specified.
2 . 3 "Taxable value" means the value of real property ( "land"
and "improvements") within an annexation determined in accordance
with law as shown by the equalized property tax roll of the Fresno
County Assessor for the applicable determination date.
2 .4 "Substantially developed" means that the taxable value of
the "land" portion of the property in relation to the taxable value
of the "improvements" portion of the property is equal to or
greater than 1 .25 to 1 as shown by the equalized property tax roll
of the Fresno County Assessor. For such annexation as of the
applicable determination date. For example, if a parcel' s land value
is $100, 000 . 00 and the value of the real property improvements j
located on the parcel is $150, 000 . 00, the parcel is "substantially
developed" because the ratio of the value of the real property i
improvements to the land value is 1:5 to 1: 0 .
2 . 5 "Effective date" means the date detachment of an annexation i
from DISTRICT becomes effective under Government Code Section 57202 .
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2 . 6 "LAFCO" means the Local Agency Formation Commission of
Fresno County.
2 . 7 "Approval" means the date LAFCO adopts its "Resolution
Making Determinations" leading to an annexation.
2 . 8 "Tax lien date" means the annual March 1 date utilized to
fix the annual equalized tax roll for the succeeding fiscal year.
2 . 9' "Fiscal year" means the July 1 June 30 fiscal year utilized I
for property tax purposes .
2 . 10 "Initial determination date" for an annexation means the
tax lien date for the fiscal year in which LAFCO gives approval
leading to that particular annexation. (For example, March 1, 2002
would be the "initial determination date" for any annexation which
receives LAFCO approval between July 1, 2002. through June 30, 2003 . )
2 . 11 "Subsequent determination date (s) " for an annexation means
the succeedin5 tax lien date (s) after the initial determination date
for that particular annexation.
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2 . 12 (a) "Base Year Revenue" for an annexation means the amount
derived by adding together the general purpose ad valorem equivalent
real property tax rates for DISTRICT's "parent zone" and "Service
ones" 10, 2 and 5 for the tax rate area s) in such annexation for-
the fiscal year of_ LAFCO' s ap rova an en m ip ying the
co ine rates so derivedtimesthe taxa le va ue o e tax rate
a e ini Els ion a e or
suZgf ann-- e a on. "Base Year Revenue a s i3 ffie a�oun i
any o Sta a reimbursement for the homeowner's and business
inventory exemptions in such annexation which DISTRICT would
otherwise receive from such annexation, but only to the extent CITY
receives such reimbursement instead. "Base Year Revenue" does not
include an revenue from any annexation which is erive from an
se ent increase ion a iva en rea a es r
aen-s-uch increase s is are au orize . ase ear Revenue
also does not inc Tue any revenue cLerived rr—om increases in taxable
value resulting from sales or improvement of real property occurring
within an annexation after the initial determination date. For
purposes of computing CITY' s revenue transfer obligations to
DISTRICT under this Agreement, "Base Year Revenue" for each
annexation shall be adjusted effective July 1 of each relevant year,
but only for any decline in taxable value of the real property in
such annexation pursuant to Section 51 of the California Revenue and
Taxation Code which results in CITY receiving less than 100 percent
of the applicable "Base Year Revenue" for such annexation, such
adjustment to effect reductions in the respective amounts of "Base
Year Revenue" received by CITY and DISTRICT so that their respective
percentage shares of same for the applicable year shall be in i
accordance with the schedules set forth in subsection (b) .
(b) The process for deriving "Base Year Revenue" is as follows : j
(i) "Base Year Revenue" for an annexation means the amount derived 1
by: multiplying the Equivalent Tax Rate (ETR) by the Total Taxable 1
Value (TTV) of the annexation; where the ETR equals the sum of the
Equivalent Tax Rate for the Parent Zone (ETRPZ) plus the Equivalent
Tax Rate for Service Zone 10 (ETRZ10) ; where the ETRPZ equals the
Net Tax Levy for the Parent Zone (NTLPZ) divided by the Taxable
Value for the Parent Zone (TVPZ) ; and where ETRZ10 equals the Net
Tax Levy of Service Zone 10 (NTLZ10) divided by the Taxable Value
of Service Zone 10 (TVZ10)
(ii) Expressed as equations, the calculations shall be made as
follows :
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BYR = ETR x TTV
ETR = ETRPZ + ETRZ10
ETRPZ = NTLPZ / TVPZ
(iii) BYR means "Base Year Revenue"
ETR means "Equivalent Tax Rate"
TTV means "Total Taxable Value"
ETRPZ manes "Equivalent Tax Rate for Parent Zone"
ETRZ10 means "Equivalent Tax Rate for Service Zone 10"
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NTLPZ means "Net Tax Levy for Parent Zone"
TVPZ means "Taxable Value for Parent Zone"
NTLZ10 means "Net Tax Levy of Service Zone 10"
TVZ10 means "Taxable Value of Service Zone 10"
(iv) Example of Calculation of Base Year Revenue (BYR) :
Assessed Value of Land: $100, 000
Assessed Value of Improvements : $50, 000
Total Assessed Value: $150, 000 TTV
Ratio of Improvements to Land Value: 50%
Net Tax Levy of Parent Zone: $6, 024, 555 NTLPZ
Net Tax Levy of Zone 10 : $2 , 234 , 905 NTLZ10
Total Tax Levy: $8, 259, 460
Assessed value of Parent Zone: $7, 764, 075,494 TVPZ
Assessed value of Zone 10: $2 , 095, 284 , 049 TVPZ10
Total Assessed value: $9, 859, 359, 543
Equivalent Tax Rate (ETR) - Parent Zone: 0 . 077595% ETRPZ =
NTLPZ / TVPZ
Equivalent Tax Rate (ETR) - Zone 10 : 0.106.664% ETRZ10 = NTLZ10
/ TVZ10
TVZ10
Combined ETR - Parent + Zone 1. 9% ETR=ETRZ + ETRZ10
Base Year Revenue: $276. 39 BYR = ETR *TTV
721�31"Any ad valorem real property tax revenue which is
att e to such annexation on and after its effective date
which has been received by DISTRICT as a taxing agency" means all
property tax revenue received by DISTRICT which would have been
received by CITY if, as of the effective date of such annexation:
(a) DISTRICT had ceased being a taxing agency in such
annexation; and
(b) General purpose ad valorem property tax revenues had been
prorated between DISTRICT and CITY and paid directly to each of
them.
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2 . 14 "Primary provider" means the local entity which has the
primary responsibility for providing personnel and equipment to the
scene of an emergency except as modified by separate instant or
mutual aid agreements .
Section 3 . Revenue Transfers From CITY to DISTRICT
3 . 1 CITY shall transfer revenue to DISTRICT for each annexation
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covered by this Agreement, all as set forth in more detail in
Sections 3 . 2 , 3 .3 and 3 .4 below. Sums due to DISTRICT under this
Agreement shall become due and payable by CITY sixty (60) days after
the end of the fiscal year during which CITY commenced to receive
CITY' s apportionment of general purpose ad valorem real property tax
revenue from such annexation.
3 . 2 With regard to each annexation covered by this Agreement,
CITY shall notify DISTRICT in writing of CITY' s initial
determination of the relevant items described below within a
reasonable time not to exceed forty-five (45) days after the date
of completion of such annexation:
(a) The effective date of detachment from DISTRICT of such
annexation.
(b) The fiscal year of LAFCO' s approval of such annexation.
(c) Such annexation' s status as "not substantially developed"
or "substantially developed" as of the initial determination date.
(d) The initial "Base Year Revenue" for such annexation. j
(e) The basis for (and calculation of) any reduction(s) CITY
claims against its obligation to transfer revenue as provided in
Section 3 . 4, below.
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,e Unless DISTRICT gives written notice to CITY of its disagreement
within forty-five (45) days after CITY' s notice, of a particular
determination hereunder, such determination shall be conclusively
deemed correct. If DISTRICT gives timely notice of disagreement, the F
matter shall be resolved as set forth in Section 7. 8 below.
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3 .3 Commencing with the first fiscal year in which CITY
(instead of DISTRICT) receives general purpose ad valorem real
property tax revenue from an annexation, at the times described in
Section 3 . 1 above, CITY shall transfer revenue to DISTRICT in
accordance with the formulas and schedules set forth in Section 3 .4
below. !i
3 .4 Commencing with the effective date of detachment of each I
annexation, CITY shall be obligated to transfer to DISTRICT the I�I
following percentages of "Base Year Revenue" for that annexation; f
provided, such transfer obligation of CITY shall be reduced by the
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amount of any ad valorem real property tax revenue attributable to
such annexation on and after its effective date which has been
received by DISTRICT as a taxing agency.
(a) For Annexations Which are Determined as of the Initial
Determination Date to be NOT Substantially Developed:
Ninety (90%) percent for ten (10) years . This entire amount
shall be paid to DISTRICT by CITY within sixty (60) days after the
end of the fiscal year during which CITY commences to receive CITY' s j
apportionment of general purpose. ad valorem real property tax
revenue from such annexation.
(b) For Annexations Which are Determined as of the Initial
Determination Date to be Substantially Developed:
100% for the first year, 80% for the next year, 60% for the
next year, 40% for the next year, 20% for the next year, and 0%
thereafter, the entire amount to be paid to DISTRICT by CITY within
sixty (60) days after the end of the fiscal year during which CITY
commences to receive CITY' s apportionment of general purpose ad E.
valorem real property tax revenue from such annexation. Annexations
in which the total property tax revenue transfer to DISTRICT wi
cee , 0 0, shall be exempt from the terms o section and
separate negotiation between CITY and DISTRICT. Unless
'-anC1u'nf'il such a separate agreement is entered into by CITY and
DISTRICT for an exempt annexation, it shall be deemed that no
transition agreement exists between CITY and DISTRICT for such
annexation.
3 . 5 At the election of CITY each fiscal year, CITY may
designate up to thity (30) acres of territory within not more than
six (6) annexations completed that fiscal year, to be excluded from
the calculations of Base Year Revenue. Such excluded territory shall
be made up only of parcels five (5) acres or less that are
"substantially developed. " Prior to the effective date of an
annexation, CITY shall notify DISTRICT in writing whether any such
excluded territory is part of that annexation. The purpose of this
provision is to reduce the impact of annexation costs on parcels
that are annexed as part of a larger annexation in order to maintain
contiguous CITY boundaries .
Section 4 . Scope of Agreement
4 .1 This Agreement shall only apply to annexations completed
during the term hereof.
4 .2 Any obligations which DISTRICT has to provide fire
protection services under the terms of any instant or mutual aid
agreement or other agreement with CITY shall not otherwise be
affected by the terms of this Agreement .
4 .3 Notwithstanding the revenue transfers from CITY to DISTRICT
as herein described for each annexation covered by this Agreement,
CITY will become the primary provider of fire protection services
on and after the effective date of detachment of such territory from
DISTRICT.
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Section 5 . DISTRICT Assurances on Use of Revenue
5 .1 DISTRICT recognizes that the revenue transferred to it by
this Agreement could otherwise have been appropriated by CITY to
meet demands for fire services . In light thereof, DISTRICT agrees
to use such revenues .in an effort to maintain levels of DISTRICT
service in areas adjacent to CITY (which will also be available to j.
CITY under mutual aid or other agreements) that are at least equal
to or better than the levels of service provided by DISTRICT in j
those areas immediately adjacent to CITY as of the date of this
Agreement.. Notwithstanding the foregoing, nothing in this Agreement r
is intended nor shall be construed to limit or restrain the powers
of DISTRICT ' s Board of Directors to make such budgetary decisions
or, appropriations which it deems necessary for the overall safety
and welfare of the DISTRICT as a whole.
5 .2 DISTRICT covenants that it will not oppose annexations to
CITY covered by this Agreement and will not directly or indirectly
encourage opposition to such annexations or seek to reopen the terms
of this Agreement save and except through direct request to CITY.
5 .3 To the extent permitted by law, CITY covenants that it will
support expansion of DISTRICT' s Service Zone 10 boundaries .
Section 6 . Cooperative Efforts at Legislative Reform j
CITY and DISTRICT agree to work jointly for state legislation
and appropriations that would improve the fiscal conditions of CITY
and DISTRICT without harming either of them.
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Section 7. General Provisions
7 . 1 Term of Agreement. This Agreement shall become effective
upon execution by CITY and DISTRICT and shall automatically
terminate on December 31, 2012, unless it has been terminated prior
to that time by mutual agreement of the parties or as otherwise 1
provided herein. Unless otherwise agreed in writing, such automatic
termination does not extinguish the continuing obligations of the
parties set forth in this Agreement, arising with respect to
annexations subject to this Agreement, all of which obligations
shall continue until the revenue transfer for all such annexations
have been completed.
7 .2 Termination Due to Invalidity of Actions . Should all or
any portion of this Agreement be declared invalid or inoperative by
a court of competent jurisdiction, or should any party to this
Agreement substantially fail to perform any of its material
obligations hereunder, or should any party to this Agreement take
any substantial action (whether intentional or by omission or
commission) to frustrate the intentions of the parties as expressed
in this Agreement, then in such event, the aggrieved party may elect
to declare that this entire Agreement as well as any ancillary
documents entered into by the parties in order to fulfill the intent
of this Agreement, to be of no force and effect and this Agreement
shall terminate in its entirety.
I
7 .3 Notice/Termination for Breach or Other Reason. Prior to
this Agreement being terminated for any material breach or other
reason(s) , the non breaching party shall provide notice to the other
party of the.grounds of the claimed material breach or other reason,
accompanied by a demand for cure. The alleged breaching party shall
have forty five (45) days after receipt of such notice to cure the
alleged breach. If any such default is not cured within such time,
this Agreement may then be terminated. As an alternative to
termination, the parties may enforce this Agreement in any other
manner authorized by law.
7 . 4 Modification. This Agreement may be modified or amended
only by a writing duly authorized and executed by CITY and. DISTRICT. j
i
7 . 5 Enforcement . CITY and DISTRICT each acknowledge that this
Agreement cannot bind or limit themselves or each other or their
future governing bodies in the exercise of their discretionary
legislative power. However, each binds itself that it will, insofar
9
as is legally possible, fully carry out the intent and purposes
hereof, if necessary, by administrative and ministerial action
independent of that legislative power and that this Agreement may
be enforced by injunction or mandate or other writ to the full
extent allowed by law.
I
7 . 6 Integration. With respect to the subject matter hereof, j
this Agreement is intended to be an integrated agreement and
supersedes any and all previous negotiations, proposals,
commitments, writings, agreements, and understandings of any nature j
whatsoever between CITY and DISTRICT pertaining to annexation of
DISTRICT territory to CITY. The parties, however, intend,
immediately upon execution of this Agreement, to enter into a
separate new agreement respecting the provision of fire protection
services within the area presently served by DISTRICT Stations 87
and 88 . Accordingly, the Amended Agreement for Transition of Fire
Protection Services between the CITY and the DISTRICT, dated on or
about February 28, 1989, and the Fire Protection Agreement between
the DISTRICT and CITY dated March 19, 1997, are hereby abrogated in
their entirety, and CITY shall dismiss with prejudice its lawsuit
against DISTRICT in Fresno Superior Court, Case No. 03 CECG01797DSB.
I
7 . 7 Notice . All notices, requests, determinations or other
correspondence required or allowed by law or this Agreement to be
provided by the parties shall be in writing and shall be deemed
given and received when delivered to the recipient by first-class
mail (or an equal or better form of delivery) at the following
addresses :
CITY District
Fresno City Manager Fire Chief
2600 Fresno Street Fresno County Fire
Fresno, CA 93721-3602 Protection District
210 S . Academy Avenue
Sanger, CA 93657
By giving notice, either party may change its address for these
purposes .
7 . 8 Dispute Resolution. If any dispute arises regarding the
interpretation or application of this Agreement or any determination
or calculation thereunder, the parties agree upon the request of
10
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I
i
either of them to meet and attempt to resolve the same amicably for
a period not to exceed thirty (30) days . If the dispute is not
otherwise resolved, the parties may agree to submit any unresolved
dispute to binding or advisory arbitration; or the disputing party
may file an action in a court of competent jurisdiction located in
the County of Fresno, for these purposes .
7 . 9 Subsequent DISTRICT Agreements. If, during the term of this
Agreement, DISTRICT enters into a transition agreement with any
other municipality which contains more favorable terms than this
Agreement, DISTRICT shall notify CITY within thirty (30) days of
such agreement and offer those same terms to CITY. More favorable
terms, means but is not necessarily limited to, another municipality
paying to DISTRICT a lower percentage of taxes than CITY pays
DISTRICT under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in the County of Fresno, State of California.
CITY OF FRESNO
r, l
By:
FRESNO C UN FIRE P OTECTION DISTRICT
By:
44
Pr4si'blen d of Dir tors
I
Approved as to legal form:
Attorney for CITY
17
Attorney for DISTRACIfr
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i
C
11
s
i
-1ECEIVED
AUG 16 2010
DEVELOPMENT DEPARTMENT
CITY OF FRESNO
August 16, 2010
Mr. Rene Ramirez
Director of Public Utilities
City of Fresno
2600 Fresno Street Room 3065
Fresno, CA 93721-3624
Re: Tract 5903
Dear Mr. Ramirez:
This letter is conformation that Mr. Norman Kizirian, the property owner and developer of Tract
5903, is a participant in the construction of the Copper River Ranch Project's water wells. He is
therefore entitled to the water credits needed for the development of his subdivision, which is an
extension of the already approved Copper River Ranch Project tentative subdivision map.
Sincerely,
4Zag�"
Darius Assemi
President
Copper River Development Company, Inc.
cc: Doug Hecker
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
Ay r--,-,CT 18, 201 0
SEPTEMBER 1, 2010
VESTING TENTATIVE TRACT MAP NO. 5903/UGM
"A PLANNED DEVELOPMENT"
WEST SIDE OF THE NORTH CHESTNUT AVENUE ALIGNMENT, NORTH OF EAST COPPER AVENUE
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act,
Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The
following specific conditions are applicable to this vesting tentative map.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of
fees, dedications, reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or
within 90 days after the date of the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
The subdivider of property located within the UGM boundaries shall comply with all sewer, water
and street requirements and pay all applicable UGM fees imposed under the Urban Growth
Management process (with appropriate credit given for the installation of required UGM
improvements) in accordance with the requirements of State Law as related to tentative tract
maps.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 5903/UGM, dated June
14, 2010, the subdivider may prepare a Final Map in accordance with the approved
vesting tentative map and Conditional Use Permit Application No. C-08-293.
2. An Air Impact Assessment (AIA) application for the proposed project shall have been
submitted to the San Joaquin Valley Air Pollution Control District prior to the
submittal/acceptance of any phase of the Final Map for recordation/processing.
3. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands
for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113
adopted by the Fresno City Council on September 27, 2005.
4. Submit grading plans and a soils report to the City of Fresno Planning and Development
Department for verification prior to Final Map approval (Reference: Sections 12-1022
and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of
any required walls and indicate the proposed width of required landscape easements or
strips. Approval of the grading plan is required prior to Final Map approval.
Vesting Tentative Tract Map No. T-5903/UGM
August 18, 2010
Page 2 of 10
5. 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.
6. 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.
7. 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.
8. 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.
9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street
improvements and other grading and construction; street trees, street signs, water and
sewer service, and inspections in accordance with the City of Fresno Master Fee
Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State law
as related to vesting tentative maps.
10. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall
complete all the public improvements prior to the approval of the Final Map by the City.
If, at the time of Final Map approval, any public improvements have not been corripleted
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.
11. A Certificate of Compliance shall be required of the subdivider/owner prior to the sale,
lease, or finance of the remainder parcel.
12. 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.
GENERAL INFORMATION
13. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
Vesting Tentative Tract Map No. T-5903/UGM
August 18, 2010
Page 3 of 10
14. Prior to the issuance of building permits for the subdivision, school construction fees
shall be paid to the Clovis Unified School District in accordance with the school district's
adopted schedule of fees.
15. 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," multiple final
maps filed by the subdivider on this tract shall fully and independently conform to all
provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real
Property.
16. The developer/owner shall obtain any and all permits required for the removal or
demolition of any existing building or structure located within the subdivision boundaries.
The developer/owner shall also obtain any and all permits required for the proper
abandonment/closure of any existing water well, septic tank/leach field or cesspool, and
irrigation pipeline on the subject property. All such permits shall be obtained prior to
commencement of tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
17. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Pollution
Control District for the control of particulate matter and fugitive dust during construction
of this project.
18. 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.
19. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
20. 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.
21. 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.
22. 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.
Vesting Tentative Tract Map No. T-5903/UGM
August 18, 2010
Page 4 of 10
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
a) A full description of each assessed lot, parcel or interest to be divided and of how
such lot, parcel or interest will be divided;
b) A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested
apportionment.
d) The application shall be filed prior to the approval of the Final Map(s) by the City and
shall be accompanied by a fee in an amount specified in the Master Fee Resolution
for each separate lot, parcel, or interest into which the original assessed lot, parcel or
interest is to be divided. The fee shall be in an amount sufficient to pay all costs of
the City and the Engineer of Work responsible for determining the initial assessment
in making the requested apportionment.
23. Prior to final map approval, the owner of the subject property shall execute a "Right to
Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall
acknowledge and agree that the subject property is in or near agricultural districts
located in the City and County of Fresno and that the residents of said property should
be prepared to accept the inconveniences and discomfort associated with normal farm
activities. The "Right to Farm" covenant shall be recorded prior to or concurrent with the
recording of the Final Map of Vesting Tentative Tract Map No. 5903/UGM.
ANNEXATION
24. The Applicant shall pay the Fire Transition Fee that pertains to the property that is the
subject of entitlement application T-5903/C-08-293, calculated pursuant to the provisions
of the Transition Agreement Between the City of Fresno and the Fresno County Fire
Protection District dated November 20, 2003 ("Fire Transition Agreement"), prior to
approval of the Final Map for Vesting Tentative Tract Map No. 5903/UGM or when owed
to the FCFPD pursuant to the terms of the Fire Transition Agreement, whichever is
earlier. Applicant shall not be responsible to pay the Fire Transition Fee if prior to the
due date for payment of the fee, the City of Fresno confirms in writing that the Applicant
shall not be required to pay the fee. The •-,ppli aRt shallpay his n „r+ieRal share of
25. The subject property shall be annexed into the city of Fresno prior to approval of a Final
Map.
ZONING & PROPERTY DEVELOPMENT STANDARDS
26. As a proposed "Planned Development" subdivision, approval of Vesting Tentative Tract
Map No. 5903/UGM is contingent upon approval of Conditional Use Permit Application
No. C-08-280; authorizing the planned development of the subject property.
27. The subject property is zoned R-1/UGM (Single Family Residential DistrictlUrban
Growth Management). Any development on the subject property or individual lots
resulting from a subdivision thereof shall comply with the property development
standards of the R-1 (Single Family Residential) zone district except as may be modified
herein pursuant to Conditional Use Permit Application No. C-08-293.
Vesting Tentative Tract Map No. T-5903/UGM
August 18, 2010
Page 5 of 10
Access
28. In accordance with Section 12-1011(f)(6) of the Fresno Municipal Code every lot shall
abut on a public street right-of-way, except where adequate internal circulation is
provided by a private street or streets in an approved planned unit development.
a) All lots proposed to be created by Vesting Tentative Tract Map No. 5903/UGM must
be provided access to a public street right-of-way under a planned development
special permit.
i) Recordation of a final map for Vesting Tentative Tract Map No. 5903/UGM is
contingent upon the prior recordation of a final map (or phase) of Vesting
Tentative Tract Map No. 5273/UGM; providing for adequate circulation for the
provision of access to a public street right-of-way.
Lot Area and Dimensions
29. Pursuant to Section 12-306-N-21 of the FMC the Director of the Planning and
Development Department or the Planning Commission may modify the property
development standards of the underlying zone district if determined that the proposed
development conforms to the provisions of the abovementioned section. However, in no
case shall proposed parcels be less than the following minimum standards:
a) Proposed lots shall be configured and dimensioned in accordance with Vesting
Tentative Tract Map No. 5903/UGM dated June 14, 2010.
Building Setbacks
30. Building setbacks shall be provided in accordance with the Conditions of Approval for
Conditional Use Permit Application No. C-08-293 dated August 18, 2010 and Exhibit "A"
of Conditional Use Permit Application No. C-08-293 dated June 14, 2010.
Fences, Hedges & Walls
31. Construction plans for required walls showing architectural appearance and location of
all walls shall be submitted to the Planning and Development Department for review
prior to Final Map approval.
32. Fences, hedges, and walls, not greater than six feet in height, shall be permitted on all
rear and side property lines and on or to the rear of all front yard setback lines.
a) Fences, hedges, and walls shall be located to the rear of pedestrian and planting
easements/landscaped areas.
LANDSCAPING AND OPEN SPACE
33. Comply with the requirements of the Department of Public Works memorandum from the
Parks Supervisor dated August 10, 2010.
STREETS AND RIGHTS-OF-WAY
34. The note, "60 foot non-exclusive private road previously certified for public use by Parcel
Map No. 3989, Recorded in Book 27, Pages 95 & 96, F.C.R." on Vesting Tentative Tract
Vesting Tentative Tract Map No. T-5903/UGM
August 18, 2010
Page 6 of 10
Map No. 5903/UGM, dated June 14, 2010 is incorrect. The City has been unable to find
an offer or acceptance of the private road on PM 3989.
35. 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.
36. Pursuant to 2025 Fresno General Plan Policy E-1-0, sidewalks are required on both
sides of the private street. A pedestrian easement shall be dedicated along the frontage
of each lot proposed to be created by Vesting Tentative Tract Map No. 5903/UGM to
allow for the provision of sidewalks.
37. The subdivider shall make provisions for disabled persons in accordance with the
Department of Public Works standards and as required by State law. Handicap access
ramps are required to be constructed in sidewalks at all corners within the limits of the
tract. Where street furniture is located within the sidewalk area (fire hydrants,
streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to
satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian
easement to accommodate for the 4-foot minimum unobstructed path requirement.
38. Comply with the requirements of the Public Works Department, Engineering Division
letter dated July 28, 2010.
SANITARY SEWER SERVICE
The nearest sanitary sewer main to serve the proposed project is a 12-inch main located in
North Knotting Hill Drive. Sanitary sewer facilities will be available to provide service to the
tract subject to the following requirements:
39. Comply the requirements of the attached Public Utilities Department, Planning and
Engineering Division memorandum dated July 28, 2010.
WATER SERVICE
40. Comply with all of the requirements of the attached Department of Public Utilities, Water
Division memorandum dated February 1 1, 2010 August 25, 2010.
-PP(J1J&1 iJ
SOLID WASTE SERVICE e47VQH.b.-
41. Comply with all of the requirements of the attached Department of Public Utilities, Solid
Waste Division memorandum dated July 6, 2010.
FIRE SERVICE
42. Comply with all of the requirements of the attached Fresno Fire Department
memorandum dated July 13, 2010.
FLOOD CONTROL AND DRAINAGE
43. The subdivider shall be required to corriply with the specific requirements imposed by
the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any
amendments or modifications to those requirements which may be granted by the
FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code.
Vesting Tentative Tract Map No. T-5903/UGM
August 18, 2010
Page 7 of 10
These requirements are identified in the District's letters to the Planning and
Development Department dated July 12, 2010.
44. Any temporary basin constructed for or used by this subdivision requires approval of
FMFCD and the City of Fresno, and may only be implemented through a covenant
between the City and the Developer prior to Final Map approval. Temporary basins shall
be fenced within seven days of the time a basin becomes operational (or as directed by
the City Engineer) and fencing shall conform to City of Fresno Public Works Standard
No. P-45. The Fresno Mosquito and Abatement District shall be provided access rights
and a means of entry for inspection and mosquito abatement activities for all on-site
basins (refer to attached map of mosquito abatement districts in the Fresno-Clovis
Metropolitan Area). Attached hereto, and incorporated by reference, is a copy of the
updated Public Works Standard No. P-62 for temporary on-site ponding basins, and a
copy of the City of Fresno's Guidelines for Ponding Basin / Pond Construction and
Management, dated October 29, 2004. Maintenance of temporary ponding basins shall
be the responsibility of the subdivider until permanent service for the entire subdivision is
provided.
COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH
45. Comply with all of the requirements of the attached County of Fresno Department of
Community Health memorandum dated July 8, 2010.
FRESNO IRRIGATION DISTRICT
46. Comply with the letters from the Fresno Irrigation District dated December 21, 2009 and
July 12, 2010.
CALTRANS
47. Corriply with the letter from the Department of Transportation dated July 7, 2010
STREET NAMES
48. Comply with the street name review memorandum dated December 16, 2009.
RIGHT-OF-WAY ACQUISITION
49. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
50. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage,
signing, pole relocation, and shoulder grading. In general, this will require right-of-way to
be provided approximately 10 feet outside the travel lane. The exact requirement must
be determined at the project design stage based on the existing conditions and detailed
design information.
51. In the event an acquisition of any easement or right-of-way is necessitated by the
subject development, said acquisition will be accomplished prior to Final Map approval.
The developer/owner should contact the Real Estate Section of the Public Works
Department to receive procedural guidance in such acquisitions.
Vesting Tentative Tract Map No. T-5903/UGM
August 18, 2010
Page 8 of 10
52. Should such acquisition not be accomplished by the subdivider prior to Final Map
approval, the subdivider must request and grant to the City the full authority to attempt
acquisiihon either through negotiation or through its power of eminent domain. The
subdivider shall furnish to the City Public Works Department, Engineering Division/ Real
Estate Section, an appraisal report or a request for an estimated appraisal amount (to be
determined by the City of Fresno Real Estate Section) prior to preparation of a
Subdivision Agreement.
53. The subdivider shall submit adequate security in the form of a cash deposit to guarantee
payment of all costs associated with the acquisition, including staff time, attorney's fees,
appraisal fees, court costs, and all related expenditures and costs necessary to effect
the acquisition of such easements or rights-of-way.
MAINTENANCE OBLIGATIONS
54. The long term maintenance of all the items listed below is the ultimate responsibility of
the owner/developer. The property owner/developer shall create a homeowners'
association for the maintenance of these items and proposed private streets, utilities,
and walls/gates pursuant to a formal agreement with the City pursuant to Section 12-
1026 of the Fresno Municipal Code.
a) Maintenance of all landscaping and irrigation systems within the outlot associated
with the subdivision.
b) Maintenance of all local street curbs, gutters and sidewalks within the boundary of
the tentative map.
c) Maintenance of all local street furniture and street lights (including operating costs)
within the boundary of the tentative map.
d) Maintenance of all street trees within the boundary of the tentative map.
• NOTE: The owner/developer may include such other items as are deemed
appropriate and necessary to the sustainability of the subdivision and its
amenities within the responsibilities of the association.
55. The agreement with the City described hereinabove, shall among other things, specify
level of effort and frequency, insurance requirements, traffic control, and inspection and
be subject to approval by the Director of Public Works and the City Attorney's Office.
56. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the
proposed instruments for the homeowners association shall be submitted to the
Planning and Development Department for review two weeks prior to final map approval.
Said documents shall be recorded with the final map or alternatively submit recorded
documents or documents for recording prior to final acceptance of subdivision
improvements. Said documents shall include assignment of responsibility to the
homeowners association for landscaping and other provisions as stated in the Planning
and Development Department Guidelines for preparation of CC&Rs dated January 11,
1985.
57. The annexation of the Homeowners Association for Vesting Tentative Tract Map No.
5903/UGM to the Homeowners Association for T-5273 must be approved prior to the
approval of the final map of Vesting Tentative Tract Map No. 5903/UGM. The
Vesting Tentative Tract Map No. T-5903/UGM
August 18, 2010
Page 9 of 10
Homeowners Association must include the proposed Remainder parcel as the site plan
delineates intended access from the Remainder to the private street.
DEVELOPMENT FEES AND CHARGES
This project is subject to the following fees and charges:
SEWER CONNECTION CHARGES FEE RATE
a. Lateral Sewer Charge [4] $0.10/sq. ft. (to 100' depth)
b. Oversize Charge [4] $0.05/sq. ft. (to 100' depth)
c. Trunk Sewer Charge [2] $496.00/living unit
Service Area: Herndon
d. Wastewater Facilities Charge [3] $2,119.00/living unit
e. Copper River Ranch Sewer Backbone System [4] $613.67/living unit
f. Copper Avenue Sewer Lift Station Charge [4] N/A
g. House Branch Sewer Charge [2] 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 [4] $6.50/lineal foot
j. Transmission Grid Main Charge [4] $643.00/gross acre (parcels
5 gross acres or more)
k. Transmission Grid Main Bond Debt Service Charge [4] $243.00/gross acre (parcels
5 gross acres or more)
I. UGM Water Supply Fee [2] $456.00/living unit
Service Area: 101-S
m. Well Head Treatment Fee [2] $0.00/living unit
Service Area: 101
n. Recharge Fee [2] $0.00/living unit
Service Area: 101
o. 1994 Bond Debt Service [4] $895.00/living unit
Service Area: 101
Vesting Tentative Tract Map No. T-5903/UGM
August 18, 2010
Page 10 of 10
CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE
p. Fire Facilities Impact Fee — Citywide [4] $539.00/living unit
q. Park Facility Impact Fee — Citywide [4] $2278.00/living unit
r. Quimby Parkland Dedication Fee [2] $1120.00/living unit
s. Citywide Regional Street Impact Fee [4] $8,361.00/adj. acre
t. New Growth Area Major Street Fee [4] $18,790.00/adj. acre
u. Police Facilities Impact Fee — Citywide [4] $624.00/living unit
v. Traffic Signal Charge [4] $450.94/living unit
Notes:
On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023
requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this
ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning
Department to determine payment of this fee obligation. Confirmation by the County of Fresno
is required before the City of Fresno can issue building permits.
[1] Deferrable through Fee Deferral Covenant.
[2] Due at Final Map.
[3] Due at Building Permit.
[4] Due at Certificate of Occupancy.
[5] Determined by Public Works.
1
D E P A R T M E N T O F P U B L I C W O R K S
TO: Israel Trejo,Planner III
Planning Division
FROM: Hilary Kimber,Parks Supervisor II(559)621-8794)
Public Works
DATE: August 10,2010
SUBJECT: Vesting Tentative Subdivision Map T-5903; 11261 NORTH CHESTNUT AVENUE
(Located north of East Copper Avenue west of the North Chestnut Avenue Alignment)APN: 579-074-33s
&34s(formerly C-08-293 &A-08-04)CURRENTLY LOCATED IN THE COUNTY
The Department of Public Works has reviewed the Revised Vesting Tentative Tract Map proposed
Planned Unit Development,on engineering plans prepared by Gary G.Gianetta,dated June 14,2010.
The Department of Public Works offers the following comments regarding the requirements for
landscaping and irrigation:
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 in a ten foot PPUE. Please refer to the City of Fresno Approved
Street Tree List for acceptable tree varieties.
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,Section 26."
c. Landscape plans for all public use areas, 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.
3. Irrigation is required on all new construction for street trees 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 and ab 1881 for water efficient irrigation systems..
City of
Ldcit.+\���IiG
DATE: lone 'a ''�09 July 28, 2010 1st revision
TO: Israel Trejo, Planner
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 5903 /C-08-293, (North of Copper between Maple and Chestnut)
Kizirian, Norman /Gary G. Giannetta
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.
Provide the following information on the tentative tract map and/or complete the following, prior
to Recordation.
1. Annexation is required, prior to recordation.
2. Completion of the off-site improvements to the west of this map is required for access purposes.
Identify the edge of the existing public street and show all required pavement to access this map
from the West. Complete the offsite improvements for T-5273.
3. A cross access agreement is required on both the east and west sides of this map.
4. .
Provide o layout for Chestnut#om the 6awtharp 10mitro of this mon to o minimum of ' 60' not rth of
Gen^nr n.,onk � Verify center line alignment with Traffic Engineering.
General Conditions:
1. Overhead Utilities: 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.
2. If not existing, street work on major streets shall be designed to include Intelligent Transportation
Systems (ITS) in accordance with the Public Works ITS Specifications.
3. Design local streets with a minimum of 250' radius.
4. Garage setback: Provide 20' from the garage to the back of walk. A rninimum of 18' is allowed
with a roll-up door.
5. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Planning and
Development Department for review and approval: Street ConstruOction, Signing, Striping, Traffic
Signal and Streetlight and Trail Lighting, Signing and Striping.
Page 1 of 3
TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5903 RIVISION I Copper River.doc
Frontage Improvement Requirements:
Interior Streets:
a. Phase I: Outlot A - 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.
``
�h�Hstang Av pi Pub-lirPhase II;
Pedmeate, design and Gonstrud all Gurb, gutter, sidewalk, (bGth sides), peFmaRORt pav
streets te Pub 1LG VVeFks Standards, All driveways shall be GGR8tFHG!ed to R-bloc, 'A'1A'r'ks
Standards ARLR and lel. Sidewalk pattews shall G9Fnnite ,niEh {]ail lin 1ltilr rks ADI
Coo nrlo rrlr far 50' EAFeetr
Specific Mitigation Requirements: This tract will generate ,9 4 a.m./4-2 6 p.m. peak hour trips;
therefore, a Traffic Impact Study (TIS) is not required.
1. The first order of work shall include a minimum of two points of vehicular access to the
major streets for any phase of this development. The second point of access will require
dedications through a separate instrument. The 2nd point of access could be an emergency
access and if this is the case then no permanent paving requirements are required at this
time. However, if it is a public access then 2 center 13' lanes would be required south to
Copper.
PUFPeSeS, GGmplete with E;erReF Guts and all transitions, aG Reeded. Provide a radius ,
ra
at the north end, 10' sidewalk patteFR-12' Fight WrR rbike ,
north 7' hike 1
ccThe Subd a visien
ee
,
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).
This TSMI fee is credited against signal installation and Intelligent Transportation System (ITS)
improvements (constructed at their ultimate location) anticipated to build out the 2025 General Plan
circulation element and included in the Nexus Study for the TSMI fee. Project specific impacts that are
not consistent with the 2025 General Plan, Public Works P69 standards, and/or already incorporated into
the TSMI fees infrastructure costs are not reimbursable unless the City Engineer and City Traffic
Engineer include the new traffic signal and/or ITS infrastructure in the next update and the applicant
agrees to pay the new calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or
construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated
impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is
conditioned with improvements that are credited/reimbursable with this fee they should work with the
Department of Public Works and identify with a Professional Engineers estimate the costs associated
with the improvements prior to paying the TSMI fee at time of building permit.
oomplete with left WFR phasing, actuati9R and signal pre-eMptiOR. This wq�k is eligible fe
Page 2 of 3
TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5903 RIVISION I Copper River.doc
deSigR the UaffiG signal and obtain City appFeval of the plans ff,[qE to 9GGYpaRGY of the first
,
theR the full traffiG Bignal 6hall be installed. if the iRtersection dGeS RGt meet warFaRts, then the
tF-Affir-, SigRal 'Rstallat!GR shall be lammted te the f9lleWiRg equipment: poles, safety lights, eve
c,eRtmlleF GabiRet, ITS vault, ITS r_,Aamm'_1 A mi P.atEGRGabinet and all pull bGxes, with the following
v.,arr�_Rts are met� 2070L controller, mast arms, heads, QptiGom disGFOMiRatOf aAd-
Fresno Magor 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 Magor Street Impact (FMSI) Requirements:
Chestnut Avenue: Collector (Growth Area Street)
1. DedoGate andGeRStRAGt (2) 4 7' G8Rter SeOtiGR travel lanes and a 12' Genter two-way left turn lane
F»cad- an a 45 MPH design cnSee page 2
2. Dedicate sufficient right of way to provide an all-way stop at Gemplete the intersection of
Chestnut at Copper to Public Works Standards.
Copper River Ranch Associated Magor Roadwav Infrastructure Fee:
Applicant shall pay fair share contribution.
Copper River Ranch Interior Collector Roadway Facility Fee:
Applicant shall pay fair share contribution.
Regional Transportation Mitigation Fee_(RTMF):
Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201,
Fresno, CA 93721; (559) 233-4148 ext. 200; www.fresnocog.org. Provide proof of payment or exemption
prior to issuance of building permits.
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. The Caltrans letter is included and the following fees are required to be
paid to mitigate fair share impacts to the identified state transportation facilities. Please contact Caltrans
District 6 staff regarding the fair share calculations.
Interchange:
SR 41/ Friant Avenue = 1,939.64 $1057.44 ($176.24/unit)
Page 3 of 3
TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5903 RIVISION 1 Copper River.doc
City of "00TIaw 'TOO
RRESHt"I'L
4
DEPARTMENT OF PUBLIC UTILITIES
R
�9 kt&FAIEWT �
Date: July 28, 2010 Providing Life's Essential Services
To: ISRAEL TREJO, Planner III
Planning and Development
From: DOUG RECKER, Supervising Engineering Technician
Department of Public Utilities, Planning and Engineering Division
Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE T-5903 REVISED
General
TT-5903 & C-08-293 Revised R-R/UGM, a 6-lot single family residential private-public street
planned development project with 1 remainder lot on approximately 12.11 acres of R-R, Rural
Residential, County of Fresno, zone property located north of East Copper Avenue, west of the North
Chestnut Avenue alignment, 11261 North Chestnut Avenue, APN 579-074-33s, and 34s. C-08-293 is
requesting a planned development with private-public streets.
Sanitary Sewer Service
The nearest sanitary sewer main to serve the proposed project is a 12-inch main located in North
Knotting Hill Drive. The following sewer improvements shall be required prior to providing City
sewer service to the project:
1. Construct a 12-inch sanitary sewer main from N. Knotting Hill Drive through the future phase
of TT-5205 to the westerly boundary of TT-5903.
2. Construct a 12-inch sanitary sewer main from the westerly boundary of proposed TT-5903
through outlot "A".
3. All sanitary sewer mains shall be extended within the proposed tract to provide service to each
lot.
4. Dedicate a 40 foot sewer and water easement for the operation and maintenance of sewer and
water mains necessary to serve the proposed parcels.
5. Separate sewer house branches are required for each lot.
6. Abandon any existing on-site private septic systems.
7. Street easements and/or deeds shall be recorded prior to approval of improvement plans.
8. All underground street utilities shall be installed prior to permanent street paving.
9. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for
Department of Public Utilities review and approvals for proposed additions to the City Sewer
System.
10. All public sanitary sewer facilities shall be constructed in accordance with City Standards,
specifications, and policies.
11. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and
submitted to the Department of Public Utilities for review and conceptual approvals prior to
submittal or acceptance of the developers final map and engineered plan & profile
improvement drawing for City review.
12. All proposed sewer main easements shall be clear and unobstructed by buildings or other
structures. No fencing or wall shall either enclose or be located above the sewer main. The
planting plan, for any proposed landscape within the easement, shall be approved by the
Department of Public Utilities. No trees shall be located within 8 feet of the Sewer main.
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
1. Lateral Sewer Charge.
2. Sewer Oversize Charge.
3. Wastewater Facility Charge (Residential Only).
4. Trunk Sewer Charge: C.R.R. —Sewer Backbone system facility fee.
5. Trunk Sewer Charge: Herndon
6. Copper Avenue sewer lift-station service fee.
City of �,�>"""1°" Ako
F"mE4 I I`i'j,
DEPARTMENT OF PUBLIC UTILITIES —WATER DIVISION 3 D�
00
DATE: September 1, 2010 Pn*dingL*l Essential Servkes
TO: ISRAEL TREJO, Planner III
Department of Development and Resource Management
FROM: MICHAEL CARBAJAL, Chief Engineering Technician
Department of Public Utilities, Water Division
SUBJECT: THIRD REVISION - WATER REQUIREMENTS FOR TENTATIVE TRACT
NO. 5903
The following conditions are required to provide water service to the tract.
1. Construct a 14-inch transmission grid water main (including installation of City fire
hydrants) in North Chestnut Avenue Alignment from East Copper Avenue North across
the frontage of the tract.
2. Construct an 8-inch water main (including installation of City fire hydrants) through the
proposed remainder lot to connect the proposed 14-inch water main in the North
Chestnut Ave Alignment to the existing water system within Final Tract Map 5205.
Provide a 40-foot wide sewer and water main easement for the operation and
maintenance of the proposed 8-inch water main within the remainder lot.
3. All proposed water main easements shall be clear and unobstructed by buildings or
other structures, No fencing or wall shall either enclose or be located above the water
main. The planting plan for any proposed landscape within the easement shall be
approved by the Department of Public Utilities. No trees shall be located within 8 feet of
the water main. All water mains within an easement shall be clearly marked with
signage above indicating the exact location and type of facility below.
4. Two independent sources of water, meeting Federal and State Drinking Water Act
Standards, are required to serve the tract including any subsequent phases thereof. The
two-source requirement may be accomplished through a combination of water main
extensions, construction of supply wells, or other acceptable sources of water supply
approved by the Water Systems Manager.
5. Provide sufficient water supply to meet the demand of the project by either:
a. Constructing a municipal domestic water supply well(s) on a site(s) dedicated to
the City of Fresno. The well(s) shall be capable of producing a minimum of 500
gallons per minute. Well sites shall be of a size and at a location acceptable to
the Assistant Director of Public Utilities —Water Division Manager, and sufficient
to locate the pump station, electrical controls and provide wellhead treatment; or
T:\PROJM\MEC\Conditions of Approval\5903 083010 maq.doc
b. Sufficient water resources may be obtainable from an adjacent development.
These water entitlements will need to be acquired. A Water Supply Assessment
(conforming to current DWR SB61O guidelines) is required to show that there is
sufficient sustainable water supply for both the adjacent development and Tract
No. 5903. The Water Supply Assessment shall demonstrate a zero net effect so
there is no additional impact to groundwater over-drafting.
6. Water well construction shall include wellhead treatment facilities, if required
7. No occupancies will be permitted prior to the satisfaction of the water supply
requirement.
8. The developer shall take all required and necessary actions to transfer and assign all
water rights and entitlements associated with the tract property to the City. The
developer is solely responsible for all costs, fees and expenses associated with the
transfer and assignment of water rights and entitlements to the City.
9. The existing house within the remainder lot shall connect to the City of Fresno public
water and sewer system. Any onsite well(s) and septic sewer system(s) shall be
abandoned. The proposed remainder lot shall also comply with the water service
entitlement exchange requirement above.
10. Separate water services with meters shall be provided to each lot created.
11. Seal and abandon existing on-site well(s) in compliance with the State of California Well
Standards, Bulletin 74-90 or current revisions issued by California Department of Water
Resources and City of Fresno standards.
12.All public water facilities shall be constructed in accordance with Public Works
Department standards, specifications, and policies.
T:TROJM\MEC\Conditions of Approval\5903 083010 maq.doc
City of vS0\1A110h sol/O*fl
CEsinsd_%
9
rncu yAg
DEPARTMENT OF PUBLIC UTILITIES —WATER DIVISION 3 DPU
s r
r�
9���ANACEMEHT SR��
DATE: August 25, 2010 Providing Life's Essential Services
TO: ISRAEL TREJO, Planner III
Planning and Development
FROM: DOUG HECKER, Supervising Engineering Technicia
Department of Public Utilities, Planning and Engineering Division
SUBJECT: SECOND REVISION - WATER REQUIREMENTS FOR TENTATIVE TRACT
NO. 5903
GENERAL COMMENTS
The second revision of water requirements for TT-No 5903 is in response to the letter dated
August 16, 2010, from Giannetta Engineering. The letter states that TT-5903 is "participant in
the construction of the Copper River Ranch (CCR) Project's water wells." At the time TT-5903
processes their Final Map, the Director of Public Utilities (Director) will evaluate the water well
capacity and unallocated supply within Copper River Ranch including demands for TT-5903. If
the evaluation determines that CCR has an appropriate water supply for all development within
CCR plus TT-No 5903 then an executed partnership agreement between CCR and TT-No 5903
shall be submitted and approved by the Director. Upon approval of the executed partnership
agreement, the requirements stated in condition No (5) will be satisfied. However, if the Director
determines that CCR does not or will not retain the water supply capacity to meet the existing
and future demands of CCR plus TT-No 5903 the water well condition No (5) shall be a
required.
The following conditions for"Water service and Facility construction"shall be required to provide
water service to the tract.
1. Construct a 14-inch transmission grid water main (including installation of City fire
hydrants) in North Chestnut Avenue Alignment from East Copper Avenue North across
the frontage of the tract.
2. Construct an 8-inch water main (including installation of City fire hydrants) through the
proposed remainder lot to connect the proposed 14-inch water main in the North
Chestnut Ave Alignment to the existing water system within Final Tract Map 5205.
Provide a 40-foot wide sewer and water main easement for the operation and
maintenance of the proposed 8-inch water main within the remainder lot.
3. All proposed water main easements shall be clear and unobstructed by buildings or
other structures. No fencing or wall shall either enclose or be located above the water
main. The planting plan for any proposed landscape within the easement shall be
approved by the Department of Public Utilities. No trees shall be located within 8 feet of
the water main. All water mains within an easement shall be clearly marked with
signage above indicating the exact location and type of facility below.
4. Two independent sources of water, meeting Federal and State Drinking Water Act
Standards, are required to serve the tract including any subsequent phases thereof. The
two-source requirement may be accomplished through a combination of water main
extensions, construction of supply wells, or other acceptable sources of water supply
approved by the Water Systems Manager.
5. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s)
shall be capable of producing a total of 500 gallons per minute. Well sites shall be of a
size and at a location acceptable to the Assistant Director of Public Utilities.
6. Water well construction shall include wellhead treatment facilities, if required
7. No occupancies will be permitted prior to the satisfaction of the water supply
requirement.
8. The developer shall provide water usage offsets to the City through a water service
entitlement transfer. The developer shall take all required and necessary actions to
transfer and assign all water rights and entitlements associated with the tract property to
the City. The developer is solely responsible for all costs, fees and expenses associated
with the transfer and assignment of water rights and entitlements to the City.
9. The existing house within the remainder lot shall connect to the City of Fresno public
water and sewer system. Any onsite well(s) and septic sewer system(s) shall be
abandoned. The proposed remainder lot shall also comply with the water service
entitlement exchange requirement above.
10. Separate water services with meters shall be provided to each lot created.
11. Seal and abandon existing on-site well(s) in compliance with the State of California Well
Standards, Bulletin 74-90 or current revisions issued by California Department of Water
Resources and City of Fresno standards.
12. All public water facilities shall be constructed in accordance with Public Works
Department standards, specifications, and policies.
VL
City of1�tlOM
FRESNI"`
DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION _
DATE: February 11, 2010 Providing Life's Essential Services
TO: DOUG HECKER, Supervising Engineering Technician
Department of Public Utilities, Administration
FROM: MICHAEL CARBAJAL, Chief Engineering Technicians4
Department of Public Utilities, Water Division
SUBJECT: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5903
The following conditions are required to provide water service to the tract.
1. Construct a 14-inch transmission grid water main (including installation of City fire
hydrants) in North Chestnut Avenue Alignment from East Copper Avenue North across
the frontage of the tract.
2. Construct an 8-inch water main (including installation of City fire hydrants)through the
proposed remainder lot to connect the proposed 14-inch water main in the North
Chestnut Ave Alignment to the existing water system within Final Tract Map 5205.
Provide a 40-foot wide sewer and water main easement for the operation and
maintenance of the proposed 8-inch water main within the remainder lot,
3. All proposed water main easements shall be clear and unobstructed by buildings or
other structures. No fencing or wall shall either enclose or be located above the water
main. The planting plan for any proposed landscape within the easement shall be
approved by the Department of Public Utilities. No trees shall be located within 8 feet of
the water main. All water mains within an easement shall be clearly marked with
signage above indicating the exact location and type of facility below.
4. Two independent sources of water, meeting Federal and State Drinking Water Act
Standards, are required to serve the tract including any subsequent phases thereof. The
two-source requirement may be accomplished through a combination of water main
extensions, construction of supply wells, or other acceptable sources of water supply
approved by the Water Systems Manager.
5. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s)
shall be capable of producing a total of 500 gallons per minute. Well sites shall be of a
size and at a location acceptable to the Assistant Director of Public Utilities.
6. Water well construction shall include wellhead treatment facilities, if required
7. No occupancies will be permitted prior to the satisfaction of the water supply
requirement.
T:IPROJMVNEC1Conditions of Approval15903 021110.doc
8. The developer shall provide water usage offsets to the City through a water service
entitlement transfer. The developer shall take all required and necessary actions to
transfer and assign all water rights and entitlements associated with the tract property to
the City. The developer is solely responsible for all costs, fees and expenses associated
with the transfer and assignment of water rights and entitlements to the City.
9. The existing house within the remainder lot shall connect to the City of Fresno public
water and sewer system. Any onsite well(s) and septic sewer system(s) shall be
abandoned. The proposed remainder lot shall also comply with the water service
entitlement exchange requirement above.
10. Separate water services with meters shall be provided to each lot created.
11. Seal and abandon existing on-site well(s) in compliance with the State of California Well
Standards, Bulletin 74-90 or current revisions issued by California Department of Water
Resources and City of Fresno standards.
12. All public water facilities shall be constructed in accordance with Public Works
Department standards, specifications, and policies.
TAPROJM\MEC\Conditions of Approval\5903 021110.doc
7
City of
DEPARTMENT OF PUBLIC UTILITIES
J ��� *I( Oto
TO: Israel Trejo, Planner III
Development Department, Planning Division
THROUGH: Robert Weakley, Chief of Operations
Department of Public Utilities, Solid Waste Division
o,�Chris Weibert, Management Analyst II
FROM: n
U Department of Public Utilities, Administration
SUBJECT: TT 5903 and C-08-293, Solid Waste Conditions of Approval
Location: 11261 North Chestnut Avenue (APN 579-074-33, 34)
The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting
Tentative Tract Map 5903 and C-08-293 that was submitted by Gary G. Giannetta Civil Engineering &
Land Surveying, on behalf of Norman and Pamela S. Kizirian. The following requirements and
conditions are to be placed on this vesting tentative tract map and conditional use permit as a condition
of approval by the Department of Public Utilities.
General Requirements:
• Tract 5903 will be serviced as Single Family Residential properties with Basic Container
Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for
solid waste, 1 Green container for green waste and 1 Blue container for recyclable material.
• The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m.,
shall place their solid waste containers at the edge of the curb approximately 4 feet apart and
shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with
the City of Fresno's Solid Waste Management Division Standards.
• Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal
Regulations, Section (c)(11). No solid waste container nor residential rubbish shall be allowed to
remain at the curbline after 8:00 p.m. on the collection day.
• Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal
Regulations, Section (c)(10). No material container shall be stored in the front yard or side yard
on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the
container is screened from view from the street in accordance with that article of the Code.
Conditions of Approval TT5903&C-08-293.doc
Covenant Requirements:
There shall be no parking allowed in the cul-de-sacs on the solid waste service day. All lots that are part
of a cul-de-sac shall be clear of all vehicles by 5:30 a.m.
• Lots 3, 5, 6/and the remainder lot
zoo
Conditions of Approval TT5903&C-08-293.doc
f�
g
� O
FI.R�
July 13, 2010
TO: ISRAELTREJO, Planner
Planning and Development Department, Planning Division
r �
FROM: MIKE SCHMIDAupervising Inspector
Fresno Fire Department, Prevention Division
SUBJECT: 11261 N Chestnut, C-08-293
Below are the development requirements for the subject project.
1. ( ) Gates, posts, or other barriers suitable to the Fire Department are required to be installed at
the entrances to an emergency access only roadway (at Chestnut and at west entry).
2. ( ) The entrance to all emergency accesses shall be posted with permanent signs: "FIRE
ACCESS (6" letters)VEHICLES REMOVED AT OWNER'S EXPENSE(2" letters)
FRESNO POLICE DEPARTMENT 621-2300(1" letters).
3. ( ) Emergency accesses are required to be dedicated fire protection easements.
4. ( ) All gates on the"emergency access"roadway shall be fitted with a Police/Fire bypass lock.
5. ( ) All required fire access lanes shall be provided and maintained with an approved "all
weather"surface capable of supporting 80,000 Ib. vehicles(minimum 4" of base rock over
compacted or undisturbed native soil or per approved engineered plans)year-around and
with 24 feet minimum width or other approved method that would prevent shoulder
degradation.
6. ( ) Turns in private drives for fire apparatus access shall have minimum 44 foot centerline turn
radius. (See plan)
t2
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No,210.45
NOTICE OF REQUIREMENTS
Page 1 of 4
PUBLIC AGENCY DEVELOPER
ISRAEL TREJO,PLANNER III NORMAN KIZIRIAN
PLANNING&DEVELOPMENT DEPARTMENT 11261 N. CHESTNUT AVE.
CITY OF FRESNO CLOVIS,CA 93619
2600 FRESNO STREET,THIRD FLOOD
FRESNO,CA 93721
PROJECT NO: 5903R
ADDRESS: CHESTNUT N/O COPPER AVE.
APN: 579-074-33S,34S SENT:
Drainage Area(s) Preliminary Fee(s)
DE $21,475.00
DN $5,391.00
DN $19,316.00
DE $8,131.00 Z
TOTAL FEE:$54,313.00 O
■
The proposed development will generate storm runoff which produces potentially significant environmental impacts and which
must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental
Policy Act.The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood
Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the
drainage related CEQA/NEPA impact of the project mitigation requirements. O
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.
Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under
b.) 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.
When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement
e') will be made for the excess costs from future fees collected by the District from other development.
Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the
f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or
5%of the refund whichever is less will be retained without fee credit.
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 oF4
Approval of this development shall be conditioned upon compliance with these District Requirements.
1. a. Drainage from the site shall be directed to
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1
C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and
Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities M4
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 M4
development approval:
X Grading Plan
X Street Plan Z
X Storm Drain Plan O
X Water&Sewer Plan
X Final Map
Other
None Required O
4. Availability of drainage facilities: W
a Permanent drainage service is available provided the developer can verify to the satisfaction of the City X
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.
Permanent drainage service will not be available. The District recommends temporary facilities until
C. permanent service is available.TEMPORARY SERVICE IS AVAILABLE.THROUGH
X d. See Exhibit No. 2.
5. The proposed development:
Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate
Maps available to the District,necessitating appropriate floodplain management action.(See attached
Floodplain Policy.)
X Does not appear to be located within a flood prone area.
The subject site contains a portion of a canal or pipeline that is used to manage recharge,storm water,
6. 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.
5469 F.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with
Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing
one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant
Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the
discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards.
These requirements apply both to pollutants generated during construction,and to those which may be generated by
operations at the development after construction.
a. State General Permit for Storm Water Discharges Associated with Construction Activities,approved
August 1999,(modified December 2002) A State General Construction Permit is required for all clearing, Mi
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 M4
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 O
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 N
indicators,and annually submit a report to the State Board.
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, O
eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible
minimize contact with materials which may contaminate storm water runoff.
8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District
within ten days of the date of this Notice of Requirements.
9. The District reserves the right to modify,reduce or add to these requirements,or revise fees,as necessary to
accommodate changes made in the proposed development by the developer or requirements made by other agencies.
10. X See Exhibit No. 2 for additional comments,recommendations and requirements.
Gerald E. Lakeman Neda Shakeri
District Engineer Project Engineer
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 o(4
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5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
NOTE:
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` DISTANCES ARE APPROXIMATE.
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Existing Master Plan Facilities
— --- — Drainage Area Boundary
1 "= 300'
—^- Direction of Drainage
Limits of TRACT 5903 TRACT 5903 REV
+�++ Proposed Curb & Gutter CUP 2008-293 REV
■■■■■■■ Private Pipe DRAINAGE AREAS "DE" & "DN"
•
EXHIBIT NO. 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
OTHER REQUIREMENTS
EXHIBIT NO.2
Permanent drainage service is available to the area of the tract located within Drainage Area"DE".
The developer shall verify to the satisfaction of the City of Fresno that run-off can be conveyed to the
existing inlets in Knotting Hill Drive.
Permanent drainage service is not available for the the portion of the tract located within Drainage
Area"DN". The District recommends temporary facilities until permanent facilities are in place.
The Developer's engineer,Gary Giannetta, has indicated a portion of runoff from Lots 1 thru 3 will
drain and be captured by curb and gutter and directed to the street thru a private pipeline. Drainage
patterns from the remainder parcel (existing home) shall remain as existing.
The Developer shall provide a letter of authorization from the owner of Copper River golf course
approving any additional surface drainage above what currently is directed to the golf course.
The Developer shall provide cross drainage covenants for the back of each lot to allow for the
drainage patterns as shown on Exhibit No. 1 and described above. Drainage shall be allowed to flow
across each lot in order to reach the Master Plan inlet. The drainage pattern shall not be blocked by
property improvements and shall have an open flow pattern along the proposed curb and gutter.
Development No. Tract 5903 Revised
engr\permit\exhibi12\Irac1\5903 revised(ns)
co
County of Fresno
i Department of Public Health
Edward L. Moreno,M.D.,M.P.H.,Director-Health Officer
Q� 1856 �
ARES
July 8, 2010
999999999
L00015461
Israel Trejo PE 2602
City of Fresno
Planning & Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Trejo:
PROJECT NUMBER: C-08-293 & T-5903 Revised
PROJECT DESCRIPTION AND LOCATION: Conditional Use Permit Application No.
C-08-293 and Vesting Tentative Tract Map No. 5903, a 6-lot single-family residential private
street planned development project with 1 outlot and 1 remainder lot on approximately 12.11
acres of property located north of East Copper Avenue, west of the North Chestnut Avenue
alignment. Conditional Use Permit Application No. C-08-293 is requesting a planned
development with a private street and remainder lot.
APN: 579-074-33, -34
ZONING: R-R-County (Prezoned R-1)
ADDRESS: 11261 N. Chestnut Avenue
Recommended Conditions of Approval:
• Construction permits for the 6-lot residential subdivision should be subject to assurance of
sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be
obtained from the California Regional Water Quality Control Board (RWQCB). For more
information, contact staff at(559)445-5116.
• Construction permits for the 6-lot residential subdivision should be subject to assurance that
the City of Fresno community water system has the capacity and quality to serve this
project. Concurrence should be obtained from the State Department of Public Health,
Drinking Water Division. For more information call (559) 447-3300.
• It is recommended that existing water wells and septic systems on the subject parcel be
properly destroyed and the existing structure(s)connect to City of Fresno water and sewer
services.
The Fresno County Department of Public Health remains concerned that abandoned water
wells are not being properly destroyed, particularly with respect to new development
projects. As city boundaries expand, community services are provided to areas originally
served only by individual domestic and agricultural wells. Improper abandonment of such
wells presents a significant risk of contaminating the city's community water supply. For this
reason, when development occurs, it is extremely important to ensure the safe and proper
destruction of all abandoned water wells.
1221 Fulton Mall/P.O.Box 11867/Fresno,California 93775/(559)445-3357/FAX(559)445-3379
Equal Employment Opportunity•AfTvmative Action•Disabled Employer
Israel Trejo
C-08-293 & T-5903 Revised
July 8, 2010
Page 2 of 2
Prior to destruction of any existing agricultural well(s), a sample of the upper most fluid in the
well column should be sampled for lubricating oil. The presence of oil staining around the
well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil
be found in the well, the oil should be removed from the well prior to placement of fill
material for destruction. The "oily water" removed from the well must be handled in
accordance with federal, state and local government requirements. Transportation of these
materials on public roadways may require special permits and licensure.
• Appropriate measures should be incorporated into the project to minimize potentially
significant short-term localized noise impacts to noise sensitive receivers caused by the
operation of construction equipment. Construction specifications for the project should
require that all construction equipment be maintained according to the manufacturers'
specifications, and that noise generating construction equipment be equipped with mufflers.
In addition, consideration should be given to limiting noise-generating construction activities
to daytime hours as specified in your municipal code.
REVIEWED BY:
Digitally signed by Janet Gardner
Janet Gardner DN cn=Jan.tGardner,o=Emlronmental Health Drvsion,ou=Ftesno County
Public Health Department,email-Jgardnerpto.fresnosn.us,c=US
Date:201007.08 16.05:51-07'00'
R.E.H.S., M.P.H.
Environmental Health Specialist III
(559)445-3271
A
cc: Wayne Fox, Supervising Environmental Health Specialist
C-08-293 T-5903 Revised
t�
E-File
.! •` �• ',_ OFFICES OF
F.a
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.rjr � �.�=� PHONE(559)233.7161
FAX(559)233.8227
- -� —+ - 2907 SOUTH MAPLE AVENUE
FRESNO,CALIFORNIA 93725.2218
Your Most Valuable Resource Water
July 12, 2010
Mr. Israel Trejo
City of Fresno
Development Services/Planning
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604
RE: Tract Map 5903, Conditional Use Permit No. C-08-293, N/W and Copper and Chestnut
Avenues
Dear Mr. Trejo:
The Fresno Irrigation District (FID) has reviewed the Vesting Tentative Tract Map No. 5903 and
Conditional Use Permit No. C-08-293 applications, being filed concurrently, to develop 12.11
acres of property into a 6-lot single-family residential private street planned development project
with 1 outlot and 1 remainder lot, located northwest of Copper and Chestnut Avenues, APN
579-074-33 and 34, and has the following comments:
1. FID previously reviewed and commented on the subject parcels as Tract Map No. 5903
and Conditional Use Permit No. C-08-293 on December 21, 2009. At that time the
applicant proposed the development of an 11-lot single-family residential subdivision.
The current change to a proposed 6-lot single-family residential subdivision will not affect
FID's previous comments. Therefore, we have attached a copy of the December 21,
2009 comments for your reference.
Thank you for submitting this for our review. We appreciate the opportunity to review and
comment on the subject documents for the proposed project. If you have any questions please
feel free to contact James Shields at 233-7161 extension 319 or by email at
jshields@fresnoirrigation.com.
Sincerely,
Id zi
1;792k,—
William R. Stretch, P.E.
Chief Engineer
Attachment
GAAgencles\Clty%Tract Map15903 2.doc
BOARD OF President JEFFREY G. BOSWELL, Vice-President JEFF NEELY
DIRECTORS STEVE BALLS, RYAN JACOBSEN, GEORGE PORTER, General Manager GARY R.SERRATO
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December 21, 2009
Mr. Israel Trejo
City of Fresno
Development Services/Planning
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604
RE: Tract Map 5903, N/W and Copper and Chestnut Avenues
Dear Mr. Trejo:
The Fresno Irrigation District(FID) has reviewed the Tentative Subdivision Map - Tract
Map No. 5903 by Norman Kizirian to develop 12.13 acres of property into 11 residential
lots located on the westerly side on Chestnut Avenue north of East Copper Avenue,
APN 579-073-40,42, and has the following comments:
1. FID does not object to the Tract Map application.
2. FID does not own, operate or maintain any facilities located on the applicant's
property as indicated on the attached FID exhibit map.
3. Although the proposed development is located outside of FID's boundary, it may
negatively impact local groundwater supplies. -rhe area is currently undeveloped
land and a significant portion of its water supply is imported surface water,
supplemented by groundwater pumping. Under current circumstances the
project area is experiencing a modest but continuing groundwater overdraft.
Should the proposed development result in a conversion from imported surface
water to groundwater, this deficit will increase. FID suggests the City require the
proposed development balance anticipated groundwater use with sufficient
recharge of imported surface water in order to preclude increasing the area's
existing groundwater overdraft.
BOARD OF Prosldsnt JEFFREY G. BOSWELL, Vlca-Prssldont JEFF NEELY
DIRECTORS STEVE BALLS, RYAN JACOBSEN, GEORGE PORTER, General Managar GARY R.SERRATO
Mr. Israel Trejo
Re: TM 5903
December 21,2009
Page 2 of 2
Thank you for submitting this for our review. We appreciate the opportunity to review
and comment on the subject documents for the proposed project. If you have any
questions please feel free to contact James Shields at 233-7161 extension 319 or by
email at jshields@fresnoirrigation.com.
Sincerely,
4)A 1�
William R. Stretch, P.E.
Chief Engineer
Attachment
G.�AgenbeskQly\Lnd Md ip%5903.doc
Irl
STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE s
P.O.BOX 12616
FRESNO,CA 93778-2616
PHONE (559)445-5868 Flex your power!
FAX (559)488-4088 Be energy efficient!
TTY (559)488-4066
July 7, 2010
2131-IGR/CEQA
6-FRE-41-31.6+/-
C-08-293 & VTTM 5903 REVISED
KIZIRIAN PUD
Mr. Israel Trejo
City of Fresno Development Department
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604
Dear Mr. Trejo:
We have reviewed the revised application for the 6-lot single-family residential project within the
Copper River Ranch development. The initial application was for an 11-lot single-family
residential project. The project is located north of East Copper Avenue, west of the North
Chestnut Avenue alignment. Caltrans has the following comments:
The applicant for the Copper River Ranch Development agreed to pay a fair share of$700,000 to
mitigate for the project's impacts to the State Route 41/Friant Road interchange. The mitigation
for the residential portion of the development has been determined to be $176.24/unit. If this
portion of the Copper River Ranch project is approved with the 6 units now specified in the current
application,the mitigation will be $1,057.44.
If you have any questions,please call me at(559)445-5868.
Sincerely,
MICHAEL NAVARRO
Office of Transportation Planning
District 6
C: Mr. Scott Mozier, City of Fresno Public Works
Mr. Bryan Jones, City of Fresno Public Works
Mr. Tony Boren, Council of Fresno County Governments
"Caltrans improves mobility across California"
.+r
Israel Trejo
From: Israel Trejo
Sent: Wednesday,August 25, 2010 10:27 AM
To: Kevin Fabino; Mike Sanchez; John Dugan; Jerry Bishop
Subject: T-5903/C-08-293(Kizirian map)
To All:
This email is being sent to provide an update on the two outstanding issues raised at the August 18, 2010, Planning
Commission hearing regarding T-5903. The first issue relates to the Transition Fire Fee (TFF) requirement. The second
issue relates to the DPU water well requirement.
Transition Fire Fee- I spoke with John Fox regarding the Planning Commission's continuance of T-5903. I explained that
the PC has asked staff to provide a resolution on the TFF requirement. As you will recall,Jeff Roberts explained to the PC
that the City is implementing the TFF requirement in violation of "City policy'. My understanding of the Transition
Agreement between the City of Fresno and the Fresno County Fire Protection District, is that the City is responsible to
pay the TFF, however the City has been passing the fee along to the Developer.
John Fox indicated that there was a meeting scheduled to discuss TFF on August 23, however,the meeting did not take
place. He also indicated that the TFF issue probably would not be resolved by the Sep.1 continued PC date and that the
issue may need to be resolved by the City Council. John Fox asked that I check with John Dugan for direction on how
to proceed with the TFF requirement.
Options available. Option 1: Leave the TFF to be paid as a condition of approval for T-5903. If this condition of approval
is not removed,the applicant may decide to appeal this condition to the City Council. Option 2: Remove the
requirement of the TFF to be paid as a condition of approval for T-5903. The TFF would then be addressed through-the
normal annexation process.
DPU Water Well requirement—I spoke with Doug from DPU yesterday and he indicated that he would be able to have
revised language, related to the DPU water well condition, by August 25. In the letter submitted by Darius Assemi to
staff dated August 16, 2010, he explains that Kizirian is a participant in the construction of Copper River Ranch (CRR)
water wells and that Kizirian is,therefore, entitled to the water credits needed for the development;the PC has asked
for confirmation that this does not compromise water availability for CRR.
i
Jun 09 10 04:15p Kizirian Enterprises 5593139431 P•Z
City of
FNi Planning and Development Department
John M. Dugan AICD
26DO Fresno Street ! Third Floor - Director
Fresno, California 93721-3605
(559)621-8400 ! FAX(559)498-1076
www.fres no.gov
June 4, 2010
Norman Kizirian
11261 N Chestnut Ave
Clovis, Ca. 93619
Gentleman:
On June 4,2010 the PIPES Senior Review Committee convened a meeting with the following members in
attendance:
John M. Dugan,Development and Resource Management Department, Chair
Rene Ramirez, Public Utilities Department
Patrick Wiemiller, Public Works Department
Craig Scharton,Downtown and Community Revitalization Department
Additional Attendees:
Bruce Rudd, City Manager's Office
Lon Martin,Public Utilities Department
The agenda included a discussion of the water and sewer requirements for proposed Vesting Tract 5903.
It was the consensus that the project could be supported providing the following conditions are met.
1- Separate the project into two maps with lots l through 6 comprising map 1.
a. Sewer capacity is available for lots 1 through 6.
b. Water entitlements need to be acquired. Potentially,water resources may be obtainable
from an adjacent development.
2. Meet all other conditions as presented in the existing map review for Tract 5903.
3. Map number 2 consisting of the remaining lots could not be processed until such time as all water
and sewer issues including master planning and fee calculations are completed.
Sincerely,
j l, i.
John M.Dugan, AICP
Director. Chair
z
Israel Trejo
From: Will Tackett
Sent: Thursday, December 10, 2009 3:11 PM
To: Israel Trejo
Subject: FW: vtm 5903- review comments
I zzy,
FYI.
Will
From: Alan Kawakami
Sent: Thursday, December 10, 2009 2:50 PM
To: Will Tackett
Cc: Jon Bartel; Rick Sommerville; Frank Saburit; Alan Kawakami
Subject: vtm 5903 - review comments
1 . the final map of t-5273, as cited in the operational statement for t-5903, must be recorded prior to
the approval of the final map of phase-1 of t-5903.
2. the issuance of building permits for phase-1 of t-5903 shall be subject to the completion of the
private roadway through t-5273 to a completed public street and completion of the public sewer and
water mains approved to serve phase-1 of t-5903
3. the annexation of the hoa for phase-1 of t-5903 to the hoa of t-5273 must be approved prior to the
approval of the final map of t-5903. the hoa must include the remainder as the tentative map
delineates intended access from the remainder to the private street.
4. at the time of processing of the final map for phase-2, the official address of the existing structure
on the remainder parcel must be changed pursuant to an official address change application. the
new address number and street name will be based on the new public street to be dedicated with
phase-2. such change to be effective at the time the final map of phase-2 is recorded.
1
Israel Trejo
From: Alan James
Sent: Tuesday, July 06, 2010 5:29 PM
To: Israel Trejo
Subject: RE: T-5903 and C-08-293 (revised)
Israel,
Do you have my comments from before? If so, they would still be the same now, so please use them.
Let me know.
Alan
From: Israel Trejo
Sent: Tuesday, July 06, 2010 4:00 PM
To: Louise Gilio; Hilary Kimber; Doug Hecker; Joe Paff; Chris Weibert; jgardner@co.fresno.ca.us; Richard Fultz; Neda
Shakeri; Joanne Striebich; Alan James; resa.garcia@valleyair.org; James Shields
Subject: T-5903 and C-08-293 (revised)
Attached, please see the revised project proposal for T-5903 and C-08-293. Originally, the map was proposed with 11
lots with one private and one public street.
The applicant has scaled back the project to six lots with a private street. Please provide your comments to the project
by July 16, 2010. Thank you.
Israel Trejo
Planner City of Fresno
621-8044
1
A portion of the following statement shown in red is not correct:
"60' non-exclusive private road previously certified for public use by Parcel Map No.
3989, recorded in Book 27, Pages 95 & 96, F.C.R."
This statement was copied from the map of Parcel Map No. 5431, Book 35 of Parcel
Maps at Page 87, F.C.R. and/or Parcel Map No. 6208, Book 40 of Parcel Maps at Page
6, F.C.R. It was not true then and is still not true now.
Parcel Map No. 3989 just has a call-out for the 60' road that states "60' non-exclusive
private road easement". There is no other mention of the private road anywhere on the
map and there is nothing that "certifies" the road as public. To my knowledge there is no
legal vehicle to certify a private road as being public, the road has to be offered and
then accepted to become a public road. There is no offer or acceptance of the private
road on PM 3989.
The private road easement was offered for dedication on Parcel Map No. 5431 , Book 35
of Parcel Maps at Page 87, F.C.R. (see attached copy of this portion of the map) but the
offer was rejected by the County on the same map (see attached copy of this portion of
the map). (I find it odd that on this same map that makes the statement "60' non-
exclusive private road previously certified for public use by Parcel Map No. 3989,
recorded in Book 27, Pages 95 & 96, F.C.R.", it also wants to "3. Certify that the private
road is for public use".)
Giannetta submitted a Deed of easement for the northwest corner of Copper and
Chestnut on May 15, 2009 and the same facts were brought up then. They seem to be
reluctant to add the private road easement to the proposed dedication and still have not
resubmitted the deed with the private road dedication added.
Alan James
12/10/2009
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Israel Trejo
From: Israel Trejo
Sent: Friday, July 30, 2010 3:46 PM
To: 'jpyle@waterboards.ca.gov'
Cc: Doug Hecker
Subject: T-5903(APN's 579-074-33 and 579-074-34)
Attachments: 4987_001.pdf; SCAN4292_001.pdf
Jeff,
Tract T-5903 (currently located in the County of Fresno) has been submitted to subdivide a —12 acre parcel into 6 lots
with one remainder. One of the conditions of approval for the tract map will be that it must annex to the City of Fresno.
Attached, please find the sewer requirements from the City of Fresno—Dept of Public Utilities.
When I routed this project for comment, I received the attached letter from the County of Fresno dated July 8, 2010;
the first bullet point states that the project should be subject to assurance of sewer capacity of the RWTF. Concurrence
should be obtained from the RWQCB. I am writing this email to obtain concurrence from the RWQCB. Please let me
know if you need any other information. Thank you.
Israel Trejo
City of Fresno
Planner
621-8044
i
*%ve -we
Israel Trejo
From: Israel Trejo
Sent: Friday, July 30, 2010 4:31 PM
To: 'betsy.lichti@cdph.ca.gov'
Cc: Doug Hecker
Attachments: 4989_001.pdf; SCAN4292_001.pdf
Betsy,
Tract T-5903 (currently located in the County of Fresno) has been submitted to subdivide a -12 acre parcel into 6 lots
with one remainder. One of the conditions of approval for the tract map will be that it must annex to the City of Fresno.
Attached, please find the water requirements for the subdivision from the City of Fresno-Dept of Public Utilities.
When I routed this project for comment, I received the attached letter from the County of Fresno dated July 8, 2010;
the second bullet point states that the project should be subject to assurance that the City of Fresno water system has
capacity and quality to serve this project. Concurrence should be obtained from the Dept of Public Health, Drinking
Water Division. I am writing this email to obtain concurrence from the Dept of Public Health, Drinking Water Division.
Please let me know if you need any other information in order to provide a response. Thank you.
Israel Trejo
City of Fresno
Planner
621-8044
1
Israel Trejo
From: Christopher Preciado
Sent: Thursday, January 21, 2010 3:34 PM
To: Israel Trejo
Subject: VTT 5903, C-08-293-FAX
FAX has no comments.
Regards,
Christopher Preciado,Transit Planner II
City of Fresno
Department of Transportation
Planning Division
Fresno Area Express
559-621-1463
Christopher.Preciado@fresno.gov
1
Israel Trejo
From: Resa Garcia [Resa.Garcia@valleyair.org]
Sent: Friday, January 22, 2010 11:12 AM
To: Israel Trejo
Subject: Tentative Tract Map No 5903
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced
above consisting of 11-lot single-family residential private/public street planned development project with 2 outlots and 1
remainder lot on approximately 12.11 acres of R-R (Rural Residential) zone property and has no comments to offer at this
time.
District staff is available to meet with you and/or the applicant to further discuss the regulatory requirements that are
associated with this project. To identify District rules or regulations that apply to this project or to obtain information about
District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance
Office at (559) 230-5888. Current District rules can be found at www.vallQyair.orc/ruies/1 ruleslist.htm.
If you have any questions or require further information, please call the District at (559) 230-6000 and ask to speak to the
ISR/CEQA group.
v_sa Garcia
Air Quality Specialist
1990 E Gettysburg,Fresno,CA 93726
P.(559)230-5935
F:(559)230-6061
J W
HEALTHY AIR LIVING
www.healthy eirlivin g.cam
Make one change for clean air!
i
IW/
Israel Trejo
From: Gibbs, Daniel [dgibbs@co.fresno.ca.us]
Sent: Tuesday, December 15, 2009 4:24 PM
To: Israel Trejo
Subject: TTM 5903-Kizirian PUD
Hello Iz -
Road Maintenance has no comment on Phase One but is very interested in the access to
and along Chestnut for Phase Two with the understanding the Chestnut alignment
remains in the County.
However, I will assume, for the purpose of this project, that the entire area north of
Copper and east to Chestnut will be annexed into the City so the County won't have any
reason to provide comment - thanks.
Have a blessed holiday season...
Daniel Gibbs, P.E.
Supervising Engineer / Assistant Division Manager
Fresno County Road Public Works - Road M&O
2220 Tulare Street, Annex B
Fresno, CA 93721
(559) 262-4240 x 2-3942
(559) 262-4166 fax
Please consider the environment before printing this e-mail.
Thi;. I:-mail message, including any attachments, is for the sole use of the intended recipient(s)and mail contain confidential and
privileged information. Anil unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient
acid received this communication in error,please notify the sender at the return e-mail address and immediately destroy all copies of
the original message.
1
Street Name Review
TM-5903 12/16/09
Street Name Status Required Change
Outlot A Add (name per stub street of revised TM-5205)
Chestnut Avenue Alignment Change North Chestnut Avenue
Israel Trejo
From: Joe Paff
Sent: Wednesday, July 07, 2010 12:45 PM
To: Israel Trejo
Subject: RE: Maintenance CFD and T-5903 and C-08-293 (revised)
No Comments for addition to CFD11. These lots ARE NOT to be taxed by CFD No. 12.
From: Israel Trejo
Sent: Tuesday, July 06, 2010 4:00 PM
To: Louise Gilio; Hilary Kimber; Doug Hecker; Joe Paff; Chris Weibert; jgardner@co.fresno.ca.us; Richard Fultz; Neda
Shakeri; Joanne Striebich; Alan James; resa.garcia@valleyair.org; James Shields
Subject: T-5903 and C-08-293 (revised)
Attached, please see the revised project proposal for T-5903 and C-08-293. Originally, the map was proposed with 11
lots with one private and one public street.
The applicant has scaled back the project to six lots with a private street. Please provide your comments to the project
by July 16, 2010. Thank you.
Israel Trejo
Planner City of Fresno
621-8044
1
Israel Trejo
From: Karana Hattersley-Drayton
Sent: Monday, December 21, 2009 2:23 PM
To: Israel Trejo
Subject: Review of Tract Map 5903
Thank you for the opportunity to review the Tentative Tract Map No. 5903 which includes 12.13 acres within the existing
Copper River Ranch subdivision.
According to the information submitted,there is one existing residence within the project footprint which will remain.
There are no existing trees on the proposed new parcels and no water conveyance systems that may qualify as a
historical resource.
My only question is whether the initial environmental review for the entire project included a Phase I archaeological
survey and Native American consultation? If this has not occurred then I would recommend that a qualified
archaeologist be retained by the developer to fulfill this necessary research.
Sincerely,
Karana Hattersley-Drayton M.A.
Historic Preservation Project Manager
City of Fresno r
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