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T-5903 - Report - 8/15/2013
City of rnC � 40 REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING 08/15/13 August 15, 2013 APPROVED BY DEPART IVT i �TQR FROM: PATRICK N. WIEMILLER, Director CITY MANAG Public Works Department BY: SCOTT L. MOZIER, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division JONATHAN BARTEL, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5903 AND ACCEPTING THE DEDICATED PUBLIC USES OFFERED THEREIN (COUNCIL DISTRICT 6) 1. ADOPT A RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 5903 AND ACCEPTING THE DEDICATED PUBLIC USES OFFERED THEREIN 2. AUTHORIZE THE DIRECTOR OF PUBLIC UTILITIES OR HIS DESIGNEE TO EXECUTE THE COVENANT FOR SPECIAL SOLID WASTE DISPOSAL SERVICES ON BEHALF OF THE CITY 3. AUTHORIZE THE DEVELOPMENT AND RESOURCE MANAGEMENT DIRECTOR OR HER DESIGNEE TO EXECUTE THE COVENANT DEFERRING ELIGIBLE DEVELOPMENT IMPACT FEES TO THE TIME OF OCCUPANCY ON BEHALF OF THE CITY RECOMMENDATION Staff recommends the City Council take the following action: Adopt a resolution approving the Final Map of Tract No. 5903 and accepting the dedicated public uses offered therein; and to authorize the Director of Public Utilities or his designee to execute the covenant for special solid waste disposal services on behalf of the City and to authorize the Development and Resource Management Director or her designee to execute the covenant deferring eligible development impact fees to the time of building permit and occupancy on behalf of the City. EXECUTIVE SUMMARY The Subdivider, Norman Kizirian and Pamela S. Kizirian, Husband and Wife as Joint Tenants, has filed for approval, the Final Map of Tract No. 5903, of Vesting Tentative Map No. 5903 for a 6-lot single-family residential planned development subdivision with one outlot for public utility easement purposes and private street purposes, and a remainder parcel, located on the west side of the North Chestnut Avenue alignment, North of East Copper Avenue on 12.13 acres. REPORT TO THE CITY COUNCIL Adopt Resolution Approving Final Map of Tract No. 5903 August 15, 2013 Page 2 The Final Map is technically correct and conforms to the approved Vesting Tentative Map No. 5903 dated September 1, 2010 and approved revisions thereto ("Tentative Map"), the Subdivision Map Act and the Fresno Municipal Code. The Subdivider has signed the covenants and has paid all fees now due to satisfy the conditions of approval of the Tentative Map. The City Attorney's Office has approved all documents as to form. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. BACKGROUND The Fresno City Planning Commission on September 1, 2010 adopted Resolution No. 13026 approving Vesting Tentative Map No. 5903 (Tentative Map) for a 6-lot single-family planned development and planned unit development subdivision, with one outlot for public utility easement purposes and private street purposes, and a remainder parcel. Attached is the Fresno City Planning Commission report which provides the project details, staff analysis, environmental findings and consistency findings for Vesting Tentative Map No. 5903 with the 2025 General Plan and the Woodward Park Community Plan to comply with the provisions of the Subdivision Map Act. The approval of Vesting Tentative Map No. 5903 will expire on September 1, 2014. The Final Map has been reviewed and deemed to be technically correct. The Subdivider has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $68,179.82. Covenants have been executed to defer eligible development impact fees totaling $323,312.51 to the time of issuance of building permit and final occupancy of each unit and for special solid waste disposal services. All required public improvements have been previously satisfied pursuant to the subdivision agreement for the Final Map of Tract No. 5273 and therefore no subdivision agreement is required. The Subdivider has elected to satisfy the maintenance requirements for the landscaping and irrigation systems within the landscape easements, the entrance to the subdivision and the outlots, all interior street curbs, gutters, sidewalks, street lights, street signage and street trees by a homeowner's association in lieu of annexation into the City's Community Facilities District. FISCAL IMPACT There will be no impact to the City's General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider. Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the city a fee for the processing of this Final Map and that fee is, in turn, funding the respective operations of the Public Works Department. Attachments: Resolution Approving the Final Map of Tract No. 5903 and Accepting the Dedicated Public Uses Therein Final Map of Tract No.5903 Report to the City Council—Consideration of Vesting Tentative Map No. 5903 and Related Environmental Finding for Environmental Assessment No.T-5903 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO APPROVE THE FINAL MAP OF TRACT NO.5903 AND ACCEPTING DEDICATED PUBLIC USES THEREIN EXCEPT FOR DEDICATIONS OFFERED SUBJECT TO CITY ACCEPTANCE OF DEVELOPER INSTALLED REQUIRED IMPROVEMENTS WHEREAS, NORMAN KIZIRIAN AND PAMELA S. Kl7IRIAN. Husband and Wife as Joint Tenants. has offered for approval a Final Map designated as Tram No. 5903, pursuant to approved Vesting Tentative Map No. 5903 (."tentative reap"); and, WHEREAS, all the certificates which appear oil the map (except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been sinned and acknowledged and said map has been filed for approval; and, WHEREAS, the subdivision lies within the boundaries of the City of Fresno:and. WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 664,93 of the Subdivision Map Act may not be fully complied with at the time of passaYgge of this resolution and owner having previoLrsly filed with the Clerk of the Board of Supervisors of Fresno Cour3ty a Tax Compliance Certificate Request along with copies of tite snap considered herewith by the Cdtlt]Cil; and, WHEREAS, the Council finds that the proposed subdivision, together with the provisions for its desion and improvement, is consistent with all applicable general and specific plans of tate City: and, WHEREAS, [lie Subdivider and the Owners, whose st+mmttures appear oil the map, and others have offered for dedication certain streets, public utility casements, access rights and other public properties and uses as shown and delineated upon said :nap: and. WHEIREAS, the Planning Commission of the City ofFresno. by formal resolu6013, approVe:d said tentative trap. of 3 Resolmion Approving the i;irwl Map of Date Adoptee]: 'Tract No. 5903.etc. Date Approved: � Resolution No. Effective Date: City Attorney Approval. NOW,THEREFORE,BE IT RESOLVED by the CottnCil of tlne City of Fresno as follows: f. The Council finds that the map is in substantial compliance with said tentative map. any deviations therefrom being deemed to be approved by the Council. 2. That the snap is hereby approved and arty and all of [he streets. public utility easements, public utility facilities. access rights and all parcels of land and easements offered for dedication oil the map are hercby act:ep[ed, unleSS it is stated oil the Final Map that said dedications are Subject to City acceptance of Developer installed improvements. subject to cotttl)Iete t:omplianCe With Sections 6(A92 and 66,493 of the SUbdiVlSiott Map Act pricer to release of the mal) for recordation. I11 111 2 of 3 Resolution Approving the final Map of Date Adopted: Tract No.5903,etc. Date Approved: � Resolution leo. Effective Date: City Attorney Approval: STATE:OF CALIFORNIA ) COUNTY OF FRESNO } tis. CITY OF FRESNO ) 1.YVON'N'E SP NCE.Ci[y Clerk ol'the City of Fresno,certify that the foregoing resolution«.as.1doptcd by tile Council of the City of Fresno,cu a re"ular mecting held oil [lie day of 2013, AYES : NOES : ABSFN'I' ABSTAIN I ayor Approval: .2013 Mayor Approval/No Rcturn: .2013 Mayor Vein: .2013 Council Ovmide Vote: _ - .2013 YVONNE SPINCE.CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE B` : i] [ Talia Kolfuri-Barbick Deputy City Attorney 3 of 3 Resolution Approving,the Fiscal Map of'Tract No.5903. ctc. Resolution No. r if w „ E i�.F'g € Yhg� ia.li a7 W Y =YctsS " sn to N aeY E to z a V � ��~ani � r; w � n i F spa y }g K s lg L asr r c a <= Y p a tx 7 a - e x8 s s e fi k � g rtts s #rp aX r Kar F n riga Y• b a L h n b b It aif k, CK ks,"$gzr J � Er P � � � R � � 3h_•¢�; � Lx ��a �' � cr !F?�a L r ikai s �Er x d= E i i F Er x n_7 k S 8 S 3 s" Er a:£�r r bi'SL;£Y f � a tca L<•,`}�? 5 i rr �'� 4's i Z� �:: iy"c i _ •-i_ r:i-�'�:� r� 7 :t :�� ��fncs�y6fw } err:>` � •X •YX rs [�r% :.` �`r3 ��•j {.,3 S�rg�y��, K" 2 s y� ?[� � t`•� ON g��'��O �` •�� Y ^y `'. �i,� •��,��4 fig^ sX�, ��" �Re. S5{. �" y•'naa:�F,v% c: " � #�.'� �y ry yRr �$o o�� F.Pys � ir_' x. ]i >:�'v: ;:., �.Si: K�: z`ec;�ysz en i � :'s :;;;Y Via, r•� !' t f �r^^ fi i �# i[S.fi u �•r LL .14 f„yh.S � l�� �•I• 3 S � ��..ff 1•'.-Y i'i'1 tin•r.:x ]]' Lg! _I I' ''�'■ �;�ar,! :.� � .�..-.._�.:,r ��r?y"tri dn`F� 'N `—.....—. �R.i.. •^c�.� i.R:�c�.�.r,c' �G'SS —'�-►��'?�Y••-�_.- yyr ^�^�f �+7 �.is[:� U.u. i't,,c.r+.�vl'::;:;d•J�!•;,r,[n���:ur,.�,! u.c./e.::�. �^r.:c71. :�� k..� _ _.r •y7 `:1....�1 .sr' � L•fy..f^ '� .- [ Y � .- i.HlR,�._��}� le�;� r � [7 1`{1 I lifl i ?(1 J }Yi.•G` ? �� r nCi •� •.�� �i a•s � 3 This page intentionally left blank. FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 13026 The Fresno City Planning Commission at its regular meeting on September 1, 2090, 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, 59031UGM 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, 2410, 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 or opposition of the 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 Pian Master Environmental Impact Report (ME1R No. Planning Commission Resolution No. 13926 Vesting Tentative Tract Map No. 59031UGM September 1, 2010 - Page 2 10130) and Mitigated Negative Declaration No. A-09-02 dated July 16, 2010, prepared for Environmental Assessment No. C-08-2931T-5903. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 59031UGM, is consistent with the adopted 2025 Fresno General Plan and Woodward Park Community Plan and the findings required pursuant to Section 06410 et. seq. of the California Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission herebyapproves Vesting Tentative Tract Map No. 59031UGM, 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 Fe"",�,QaFy 44,i040.Augur+ 2x44}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 - � :,��j• ice.,. DATED: September 1, 2010 HN M. DUGAN,AICP, Secretary Fresno City Planning Commission Resolution No. 13026 Tentative Tract Map No. 59031UGM Filed by Gary G. Giannetta on behalf of Norman Kizirian Action: Approve REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VII-A COMMISSION MEETING 9101110 September 1, 2010 APPROVED BY FROM: JERRY D. BISHOP, Assistant Director r 3 Development and Resource Management Department ❑E RTMENT DIRECTgpf KEITH R. BERGTHOLD, Assistant Director Development and Resource Management Department THROUGH: MIKE SANCHEZ, Planning Mana Development ServiceslPlannin BY: ISRAEL_TREJO, Planners Development Services/Planning SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 59031UGM AND ENVIRONMENTAL ASSESSMENT NO. C-08-2931T-5903 BACKGROUND Gary G. Giannetta, on behalf of Norman Kixirian, has filed Conditional Use Permit Application No. C-08-293 and Vesting Tentative Tract Map No. 59031UGM 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. 59031UGM 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- 403.132 of the Fresno Municipal Code, a zone district that does not meet the criteria of the Zone District Consistency Table (section 12-403.8.1) 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 20325 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 properly. 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"A gust 18, 2010, for Vesting Tentative Tract Map No. T-59031UGM, 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. Atter much discussion, the Planning REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No, 59031UGM 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-59031UGM. 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-59031C-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. 59031UGM 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 tee." 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-59031UGM. 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 18, 2010. The letter indicates that the property owner of T-59031UGM 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-59031UGM 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 reap. 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-59031UGM 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.59031UGM 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. 59031UGM. 2. APPROVE Vesting Tentative Tract Map No. 59031UGM 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 15, 2010 Department of Public Utilities letter dated August 25, 2010 Revised Conditions of Approval for T-59031UGM dated September 1, 2010 This page intentionally left blanL TRANSITION AGREEMENT BEMEN THE CITY OF FRESNO AND THE FRESNO COUNTY FIRE PROTECTION DISTRICT REGARDING TRANSFER OF CERTAIN GENERAL AD VALOREM REAL PROPERTY TAX REVENUE GENERATED BY ANNEXATIONS s THIS IS AN AGREEMENT dated for convenience as of Algl, . C) 2003, by and between the CITY OF FRESNO, a charter cry 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 operatedpursuant to the Fixe Protection District Law of 1987, Health and Safety Code Sections 13800 et seq.) ("DISTRICT".) . j �ectale (1) DISTRICT currently is the primary provider of fire protection service and receives general purpose ad valorem property 1 tax revenue from real pro �rty •within its territorial limits, such revenue being based on application of the combined " arent zone" and applicable "service zone" rates to the taxable va�ue of the real property within such territory. (2) DISTRICT' s current territorial limits include certain unincorporated territory in DISTRICTTIs Service Zone 10 within which DISTRrcrr--i-s-tth-F--'primary provider and also receives such revenue. (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 upori• the effective date of any such detachment. Pursuant to Government Code Sections 54902 and 54982.x., DISTRICT may continue as a taxing agency in such territory for an additional Seriod of time, up to ei hteen (18) months, depending upon when the tatement of Change is led 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 longer 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 abilityto provide fire protection service in the remainder of its jurisdiction, for the mutual benefit of CITY and DISTRICT. (5) The parties intend by this Agreement that after CITY begins r { 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 a 5regate amount to DISTRICT within 6fl days after the end of the fiscal year during which CITY commences to receive its apportioned share of the general purpose ad valorem property tax revenues from the annexed territory. 6 (9) As more specifical.ly'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 (%40) of Base Year Revenue for the fourth year; and twenty percent (20t) of Base Year Revenue of the fifth year. City will pay this aggre ate 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. roperty tax revenue transfer to l 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 b 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 . of Egaitals 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 Lnterpretati.on..of Agreement I 2 . 1 Unless the particular provision or context otherwise 2 requires, the definitions contained in. this section [construed against the back,ground of California .laws as of the date of this Agreement regarding annexations [Government Code Sections 56000, et seq.] and real property taxation [Constitution, Article .13A; Division 1 0£ the Revenue and Taxation Code relating to "Property Taxation"] 7 shall govern the construction, meaning, interpretation and application of such words in this Agreement, taking into account the undamental 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 I 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 $140, 000.00 and the value of the real property improvements located on the parcel is $150, 000.00, the parcel is "substantially developed" because the ratio of the value of the real property improvements to the land value is 1:5 to 1:0 . 2.5 "Effective date" means the date detachment of an annexation from DISTRICT becomes effective under Government Code Section 57202. i 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. r 2 . 9' "Fiscal yearn means the July 1 June 30 fiscal year utilized 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, 2402 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 dates) " for an annexation means the succeeding tax lien date(s) after the initial determination date for that particular annexation. 3 j 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 annexati f'ra he fiscal ear of~ FCQ's a an en m i n the o ine rates so era.ve Imes the tax a va ue o e tax ra e arEa(s) of such -as int e xn�. a on a e or suM annexation. "Base Year Revenue a e a z ny o Sta a reimbursement for the homeowner's and Lousiness inventory exemptions in such annexation which DISTRICT would otherwise receive from such annexation, but only to the extent CITY receives such reimbursement instead. "Bas ear Revenue" does not include any Kevenue from any annexation, which is—EFer-1ve rom any se ent increase-in a ova en res a r uc increases is are au oraze as ear evenue also does not xnc u e any revenue erive rom 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 1.00 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 accordance with the schedules set. forth in subsection (b) . (b) The process for deriving "Base Year Revenue" is as follows: (i) "Base Year Revenue" for an annexation means the amount derived by: multiplying the Equivalent Tax Rate (ETR) by the Total Taxable 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 (TVZ1.0) (ii) Expressed as equations, the calculations shall be made as follows : BYR = ETR x TTV ETR - ETRPZ f 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" ETRZIO means "Equivalent Tax Rate for Service Zone 10" 4 NTLPZ means "Net Tax Levy for Parent Zone" TVPZ means "Taxable Value for Parent Zone" NTLZIO means "Net Tax Levy of Service Zone 10" TVZ1O 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 : S50. 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, 2055 NTLZ10 Total Tax Levy: $8,259,450 Assessed value of Parent Zone: 7, 764.075,494 TVPZ Assessed value of Zone 10: 284 9 TVPZIO 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% ETRZI,O = NTLZ10 # TVZ10 TVZIO Combined ETR - Parent + Zone 1O: 0-184n9%, ETR=ETRZ f ETRZ10 Base Year Revenue: $275.39 BYR = ETR *TTV 2 .13 "An ad valorem real property tax -revenue which is att e �o 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. 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 5 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. i 3 (b) The fiscal year of LAFCO's approval of such annexation. (c) Such annexation's status as "not substantially developed' i or "substantially developed" as of the initial determination date. r (d) The initial "Base Year Revenue" for such annexation. (e) The basis for (and calculation of) any reductions) CITY claims against its obligation to transfer revenue as provided in Section 3 .4, below. ,}o Unless DISTRICT gives written notice to CITY of its disagreement f within forty-five (45) days after CITY's notice, of a particular ` determination hereunder, such determination shall be conclusively I deemed correct. If DISTRICT gives timely notice of disagreement, the fIt matter shall be resolved as set forth in Section 7.8 below. i 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 j Section 3.1 above, CITY shall transfer revenue to DISTRICT in accordance with the formulas and schedules set forth in Section 3.4 below. 3 .4 Commencing with the effective date of detachment of each annexation, CITY shall be obligated to transfer to DISTRICT the following percentages of "Base Year Revenue" for that annexation; provided, such transfer obligation of CITY shall be reduced by the 6 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) leo n -which DateXnin2d as gf thg--Initigil ete 'n ion Pe o T SubgLantially DmImed: 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 apportionment of general purpose ad valorem real property tax revenue from such annexation. (b) r t of the Initial Detgmination Date tg bg SubgLgntjaUy- d: 1008 for the first. year, 80k 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 valorem real property tax revenue from such annexation. Annexations in which the total property tax revenue transfer to DISTRICT w1 a 1 be exern t from the erms a sect1on and separa. e:.negotiation between CITY and DISTRICT. Unless un a such a separate agreement is entired 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 f 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 ofAgLg_ement 7 i 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, i Section S. DISTRICT Agauganggs 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 i to use such revenues .in an effort to maintain levels of DISTRICT service in areas adjacent to CITY (which will also be available to CITY under mutual aid or other agreements) that are at least equal to or better than the levels of service provided- by DISTRICT in those areas immediately adjacent to CITY as of the date of this Agreement. Notwithstanding the foregoing, nothing in this Agreement 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 Rffor�s at Lecxislative Reforms 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 thea. 8 " Section 7. General provisions 7 .1 Term of BQreement. This Agreement shall become effective upon execution by CITY and DISTRICT and shall automatically terminate on December 31., 2012, unless it has been Germinated prior to that time by mutual agreement of the parties or as otherwise 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 T 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. 7.3 o f 'n t' Braach o e son. 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 1 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. 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 bands itself that it will, insofar 9 - i. 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, 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 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 CFCG41797DSB. 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 for 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. A 7.8 Dispmle _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 either of them to meet and attempt to resolve the same amicably for a period not to exceed thirty (30) days. ISE the dispute is not = otherwise resolved, the parties may agree to submit any unresolved dispute to banding 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 Sub RICT &jgeeMgnts. 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 ti S Y� FRESNO C FIRE P OTECTZON DISTRICT By: Pr si n d of Dir ors Approved as to legal form: Attorney for CITY Attorney for DISTRACTf It ' This page intentionally left blank. CEIV AUG 16 2olo DEVELOPMENT DEPARTMENT ' CITY OF FRESNO August 16,2010 Mr. Rene Ramirez Director of Public Utilities Citv of Fresno 2600 Fresno Street Room 3065 Fresno,CA 93721-3624 Re: Tract 5903 Dear Mr. Ramirez: "Phis letter is confon-nation that Mr. Norman Kixirian,the property owner and developer ofI-ract 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, C�k�' Darius Assemi President Copper River Development Company, Inc. cc: Doug Hecker This page intentionally left blank. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL AUGUST 18, 2010 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 I. 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 submittallacceptance of any phase of the Final Map for recordation/processing. 3. The developer/owner shall pay the appropriate park facilities fee andlor 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, 2405. 4, Submit grading pians 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 pian is required prior to Final Map approval. Vesting Tentative Tract Map No. T-59031UGM 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 mater 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 pians 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 completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 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-59031UGM 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 developerlowner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tanklleach 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 1559) 488-3111 for the Fresno County Sheriffs 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 Stale 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 Track Map No.T-59031UGM August 18, 2910 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 small be recorded prior to or concurrent with the recording of the Final Map of Vesting Tentative Tract Map No. 5903JUGM. ANNEXATION 24. The Applicant shall pay the Fire Transition Fee that pertains to the property that is the subject of entitlement application T-59031C-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. 59031UGM 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. Th$-applicant-shall-pay-hi� Fiaeat- F@ Of #a-AG i;—al;:rn "S' Ori r to 61 of Final A�r elm ted iii ii�n nnr.rsvh f#O h .;► of Fe 9-. 25. The subject property shall be annexed into the city of Fresno prior to approval of a Final Map. ZONING & PROPERTY DEVELOPMENT STANDARDS 25. As a proposed "Planned Development" subdivision, approval of Vesting Tentative Tract Map No. 59031UGM 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-59031UGM August 18, 2010 Page 5 of 10 Access 28. In accordance with Section 12-1011(0(6) of the Fresno Municipal Code every lot shall abut on a public street right-of-way, except where adequate infernal 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. 59031UGM 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. 59031UGM is contingent upon the prior recordation of a final map (or phase) of Vesting Tentative Tract Map No. 52731UGM: 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. 59031UGM 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 .lune 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-59031UGM- August 18, 2010 Page 6 of 10 Map No. 5903/U GM, dated June 14, 2410 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 2425 Fresno General Plan Policy E-1-o, 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. 59031UGM 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 E-ebr-uary 41, 201 August 25, 2010. SOLID WASTE SERVICE s � "'' J xa�� jp--rTqD 41. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated July 6, 2410. 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 comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code, Vesting Tentative Tract Map No.7-59031UGM 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 fights 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 1 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. Comply 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 acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount(to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 53. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of alt 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 ownerldeveloper 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- 1025 of the Fresno Municipal Code, a) Maintenance of all landscaping and irrigation systems within the outlot associated with the subdivision. b) Maintenance of ali 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, 59031UGM to the Homeowners Association for T-5273 must be approved prior to the approval of the final reap of Vesting Tentative Tract Map No. 59031UGM. The Vesting Tentative Tract Map No. T-59031UGM 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] $0.101sq. ft. (to 100'depth) b. Oversize Charge [4] $0.051sq. 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] NIA g. .House Branch Sewer Charge [2] NIA 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] $5.5011ineal 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) 1. 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] $0.001living 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 141 $539,00/living unit q. Park Facility Impact Fee—Citywide 141 $2278.001living unit r. Quimby Parkland Dedication Fee [21 S1120.001living unit s. Citywide Regional Street Impact Fee [4] S8,351.00/adj. acre t. New Growth Area Major Street Fee [4] $18,790.00/adj. acre u. Police Facilities Impact Fee— Citywide [41 $624.001fiving unit v. Traffic Signal Charge [4] S450.94/living unit Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023 requiring the payment of County Public impact Facilities Impact Fees. The effective date of this ordinance is September 20, 200& Contact the County of Fresno, Public Works and Planning Department to diaterrnine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. 151 Determined by Public Works. U DEPARTMERT 0 PUBLIC W 0 R K S TO: Israel Trejo,Planner III Planning Division FROM: Hil2ry Kimber,Parks Supervisor 13(559)621-8794) Public Works DATE: August 10,2010 SUBJECT: Vesting Tentative Subdivision Map 11261.NORTH CHESTNUT AVENUE ' (Located north of East Copper Avenue west of the Narth Chesm.ut.Avenue Alignment)APN:579-074-33s &34s(formerly C-08-293&A-0$-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 15 dated Jung 14..2014. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation: 15ENJERALMQUIUMENTS STREET TREE REQUIREMENTS I. 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 faces 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-.Forthose lots having internal street tree frontage available for street tree planting,the developershall plant one tree for each.6W of street frontage,or one tree per lot having street frontage,whichever is greater. Tree planting sha11 be within a 14'Planting and Utility Easement. a. Street tree inspection fees sball be collected for each W 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." e. 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 far 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 Rork,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 requite gaall new cpmstrnctiott far sttw.u=and shall.be applied in accordance with the City of Fmsao,Publk:Works DepatnentStanderds.&Spedficstions and FMC sections 12-306- 24 and 12-306-23 and ab 1881 for water efficient irrigation systems.. ' r city of �!R=- d lir DATE: JanuaFy 42, 20 July 28, 2010 1'' 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 Pianning Supervisor . Public Works Department, Engineering Division SUBJECT: Public Works Conditions of Approval TT 59031 C-08-293, (North of Copper between Maple and Chestnut) Kizirian, Norman 1 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. 1 r 1de h" °fallowing l fc� ion i ri ire to t tine pct map nd '::or complete tie olfow og,pr1 r t�.1'iectardatic�n. 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. Identify-propesed ac*ecc 4n $he f ily's public--str-ee"em4G-the'-eas-apd-west: P Fevide-`a layGut4Gf Chestnut from 4h8 c.nUfhnrn ldmiis of lhin map to a minimum of 260' nog ih of Verify center line alignment with Traffic Engineering. General Conditions: 1. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this reap in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 2. If not existing, street work on major streets shall be designed to include intelligent Transportation Systems LITS) in accordance with the Public Works ITS Specifications, 3. Design local streets with a minimum of 250' radius. 4. Garage setback: Provide 20' from the garage to the back of walk. A minimum of 18' is allowed with a roll-up door. 5. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street ConstruOction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. Page 1 of 3 s`: TRAFFIC ENG=NEwRINVTrafl c'ianmr(i',Trs.-i N'aps%59a0'J.590a Rivisroti r Copper River.doc Frontage Improvement-Requirements: Interior Streets: a. Phase I: Outlot A - Private Construct sidewalks on both sides of the private streets per ADA standards and the 2025 General Plan. Refer to page 69 E-1-j. e ubliG#ase 4- IL,leis4gmarroyiirZyi�-all„Gr r r llrr Ihnll2cirin.),.norma `"'`"'�.�y eWpav"'fix .Gut- {n_C'1cS±-easemenis and undergroundArnot li "Ate4 � 1 be'sv�e�#-te R l3t� &aPdaFd6-AR4 &-aR s4L4 S4$walk-paU9Mc..rhall r•mmPly With Publin Wofke AR! .4n4'aRrlafds for 6Q strnnle+ Specific Mitigation Requirements:_This tract will generate 0 4 a.m./42 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 0¢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 lis a public access then 2 center 13' lanes would be required south to Copper. 2. l.9ed!Gate€4' (re}d blerk) _8n' (al_Gnnnnr)ihr_6Ir9nl_d9hl ref way purposes,_rnmpinte wilh Gornef Guts and 4ansilinnr_x_as needed. ' ,at IhG 04 EiRd 10' sidewalk palfnrn_12'_Oght frrm_C'hila_1•]' 4hrrr e+ne.th 12' Fight Wrn_12'tW-u nor ' M-1 y, ,., `,, 3. Pull off site 4m "14-and-safety Chapter 4;Seotkwt-66424Xh Traffic Signal Mitigation Impact(TSMI) Fee: This project shall pay the current Traffic Signal Mitigation Impact Fee (TSMI Fee) at the lime 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 flan 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. It the applicant is conditioned with improvements that are credited/reimbursable with this tee 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. 1-TF'he iRteFsection ofestnut and GeppeF shall be signalized_! f-dr,,, Th'n.rar 69f�if3 9-1N}t �--tk1FA-�3a&iF�g�7&#ua�er�-a C,�al-1}f�-empti9i�, �-,�;�-,.hrl!_ihl9-ler Page 2 of 3 T:1TiiAFFIC ENG INEE RINGITrafLc PlarmsrsglTrad%Iap-1,59MC T-5903 RIVIS;ON I Ccpper rRim.doc atl�agt-F4z c- The applin 4&all de6infn �� @Ra4aq,, F d`"' fv�n r^VaI_nf_fh}rt dwelling-unit. It�Tt�YUV4t �`7�C�i?cs'n1j_s■rh rr^� t }t the ItMe Gf GGGUP Y fY then t linstalled. lf4he-�-ct "e86n8t me n4 tiref� f �,3 eA:+1A3fAiinn r- � 61{$et--n "rcr�aaf�pedeetal GO�led--te-a42G 9 point of_cnnri�_ #94eF-Gabine1, TS-Yai fF�{��+ f�i�i�rRiG&tiBR-GabInet�+f f�-aF4 , i -thF6--rt6`1�9" for f .■i�, {� t'R �Vt�v �t 'YC7-! C'kyfty^�f-i"-'�ecnv- rrn'aa�r.} "c7'� aTm-C,Y.flAnv-yy, vtr^j��L.j7iy[�tt��iji`�'n"Yn '�� n M�n_met_2070 nhYllrnl fT]S�E�hCII Y3�t�ATTT H��TTfT7��at�i-ZZ11�7 iIIVQ{7�T� Fresno M_ _ a'or Street_Impact_(FMS[) Fee TSL{ This Map is in the New Growth Area: therefore pay all applicable growth area fees and City-wide regional street impact fees Fresno Major Street Impact (FMSO Requirements: Chestnut Avenge: Collector (Growth Area Street) 1. OedGate -se stf n! rpt e:;taF 5esti t 2�vef lanes and rater ;II t o Gegt#�-e#- Tepper trfp 9'left-tt sifets at all }e terns —0 di&a-tieR shall-fie su ffin--.. tn_arrnmmodato_artrfitl�n l ria �p�� ■r.nt# �fla_er__t t' RG wry based-on-a,45-MPH des! n-5�3A9�-5,ete payge'"2. T�� '"S�' 7 2. Dedicate sufficient right of way to provide an all-way stop at Gemplete-the intersection of Chestnut at Copper to Public Works Standards. Co er River Ranch Associated Maior Roadway 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.fresnocoa.oLg. Provide proof of payment or exemption rfor 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 Warks Department Traffic Engineering prior to a Finaf 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 411 Friant Avenue = 47938-.64 $1057.44 ($176.241unil) Page 3 of 3 T.7 RAFFIC F��[;;fS�wR'sNGlTrafF.c Pla nnvnq 7rn-,f hllaps<59037•590f:i RIVISIO f I Copper R:vi�r.doc This page intentionallyr left blank. 00 C City ofESN ORG DEPARTMENT OF PUBLIC UTILITIES Date: July 28, 2010 Rmild+++gWer FsscnWl serrkes T4: ISRAEL TREJO, Planner 11.1 Planning and Development From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE T-5903 REVISED General 17-5903 &C-08-293 Revised R-RIUGM,a 6-lot single family residential private-public street planned development project with I remainder lot on approximately 12.1 1 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 Iocated in North Knotting H i I I 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 17-5903 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 casement 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. S. 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 (lie Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plant & profile improvement drawing for City review. 12. All proposed sewer main easements shall be clear and unobstructed by buildings or oilier structures. No fencing or wall shall either enclose or be located above the sewer main. The planting plan, for any proposed landscape within the casement, shrill be approved by the Department of Public Utilities. No trees sliall 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: I. Lateral Sewer Charge. 2. Sewer Oversize Charge. 3. Wastewater Facility Charge(Residential Only). Q. Trunk Sewer Charge: C.R.R.—Sewer Backbone system facility fee. S. Trunk Sewer Charge: Herndon 6. Copper Avenue sewer lift-station service fee. City of �t�Ot1010 S� FRESNia a DEPARTMENT OF PUBLIC UTI L€TIES--WATER DIVISION DK >n � DATE: September 1, 2010 Pr mftLh'SEn nWl&YOM 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. 5803 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 Stale 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 sites) dedicated to the City of Fresno. The well(s) shall be capable of producing a minimum of 500 gallons 00: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 TAPf3OJMEOCoW tions of ApproyaM903 083010 maq.dcc 04 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 SB610 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. APROXIM C1C,ondiVons of ApprovaA5%3 063010 maq.do-c CiEy,of �,jS,�<«►aux s�'t�o,�f� a DEPARTMENT OF PUBLIC UTILITIES--WATER DIVISION f 4 .hS DATE: August 25, 2010 ftz�drrgLife's Essrnria?Senices TO: ISRAEL TREJO, Planner III Planning and Development FROM: DOUG HECKER, Supervising Engineering Technicia a� 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 leiter 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. S. 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. City Of DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION �, V DATE: February 11, 2010 AaAfft 001 Euantiad Svikn TO: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities,Administration FROM: MICHAEL CARHAJAL,Chief Engineering Technician Department of Public Utilities, Water Division SUBJECT: WATER REQUIREMENTS FOR TENTATIVE TRACT NO, 5943 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-font 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 weli(s) shall be capable of producing a total of 5601 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:VR0AWAEC1CoW1Wns ofApprovaN5903 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 systems)shall be abandoned. The proposed remainder lot small 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 wells)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:1PRoJhilME=onditions of ApprovaIM03 021110.doo City of VI nw DEPARTMEN"I'CSF PUIBLIC UTILITIES I'C : Israel Trejo, Planner III Development Department, Planning Division THROUGH: Robert Weaklev, Chiefof Operations f7ep-artinent of Public Utilities, Solid Waste Division FRC)M: � C:hris Weibert. Management Analyst II Department of Public Utilities. Administration SUBJECT: '175903 and C-08-293. Solid Waste Conditions of Approval Location: 1 1261 North Chestnut Avenue(AM, 579-074-33, 34) The Department of Public Utilities, Solid Waste Division has completed as review of the Testing Tentative 'I-ract Map 5903 and C-08-293 that was submitted by Gar's' G. Giannetta Civil l n�,ineering. c� Land Surveying, on behalf- of- Norman and Pamela S. hicirian. The lbllowing requirements and conditions are to be placed on this vesting tentative tract map and conditional use pernut as ar condition ofaapproval by the I]cparttnent 01"Publie Ijtilitres. General Requirements: • 'bract 5903 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as fellow's: 1 Gray container for solid waste, 1 Green container for green waste aarld 1 Blue container ror 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 sliall not block any vehicle accesses, nor be placed within any trafTic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code. Section 6-205 Solid Waste, Recycling and Grecii Waste Disposal Regulations, Section(c)(1 i). 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, Recvclim, and Green Waste Disposal ReguIatttons. Section (c)(10). No material con[aitier 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. Cc1di•.icrtiof Appri+vO'1-759[1:fi t;-{14-�'?•.de.L Covenant Retluiremenls: There shell be no larking allowed in the cul-dc-sacs on the solid waste service day. All lois that are part of a cul-de-sac shall be clear of'all vehicles by 5:30 a.in. • Lets 3, 5,6/and the remainder lot Cord 3'o nsut'A p.p i rn,,fl IT 5.9x71!i['JJ9.29 .d<<r Q July 13, 2010 TO: ISRAELTREJO, Planner Planning and Development Department, Planning Division / J FROM: MICE SCHMID�,tupervising Inspector Fresno Fire Department, Prevention Division SUBJECT; 11261 N Chestnut, C-08-293 Below are the development requirements for the subject project. L ( ) Gates, posts.or other Farriers suitable to the Fire Dcpariment are required to be insial led at the entraaices to an eniergency access only roadway (at Chestnut anti at west entry). 2. ( ) The entrance to al l emergency accesses shall be posted %with permanent signs: "FIRE ACC F'SS(G" letters) VEHICLES REMOVED AT OWNER'S EXPENSE(2" litters) FRESNO POLICE DEl'AI;TM NT 621-2300(1„ letters). 3. ( ) l:tnergency accesses are required to be dedicated fire:protection easements. 4. ( ) All gates on the"emergency access"roadway shat€ be fitted with a PoIicell=ire bypass lock. S. ( ) All required fire access lanes s€call be provided and ivaintained with an approved "all %veallier" surface Capable of supporting 80,000 1b. vehicles(m inirztum #"of base ruck aver compacted or undisturbcd native soil or per approved engineered plans)year-around and Nvith 24 feet mifltmum width or other approved meth❑d that would prevent shoulder degradation. 0. ( } Tonis in private drives for fire apparatus access sllall have minimum 44 fool centerline torn radius.(See plan) This page intentionally left blank. l� P FRESNO METROPOLITAN FL400�:CO14'IROL DISTRICT Filer+o.zta.a5 j NOTICE OF kkQV1AEM9NTS Page t oro 1'URLICAGENCY 1 EVEL6PER ISRAEL TREJO,PLANNER III NORMAN KI21R1AN PLANNING&DEVELOPMENT DEPARTMENT 1.1261 K CHESTNUT AVE. CITY OF FRESNO CLOVIS,CA 93659 2600 FRESNO STREET.THIRD BLOOD FRESNO,CA 93721 PROJECT NO: 5903R ADDRESS: CHESTNUT NIO COPPER AVE. A PN: 579-074-33S,34S SENT: t r 1 + Drainage Area(s) Preliminary Fce(s) DE $21,475.00 DN $5,391.04 DN $19,316.00 DE S$,131.04 TOTAL FEE:354,313.00 e 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 CEQAfNEPA impact of the project mitigation requirements. The proposed development shall pay drainage fess 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 fcc. Considerations which may affect the fee obligation(s)or the timing or form of fee payment.- a-) ayment: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 Pian 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 c.} 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 tntiticmcnt 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 5300 Administration fee or 5%of the refund whichever is less will be retained without fee credit. 5469 E.OLIVA:-FRESNO,CA 93727-(559)456.3292•FAX(559)456.3194 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Fags 2,3r4 Approval of Ibis development shall be conditioned upon compliance with these District Requ[rements. r 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. i c The grading and.drainage patterns shown on the sire plan conform to the adopted Storm Drainage and Flood Control Master Plan, 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as"Master flan Facilities to be constructed by Developer". X None fegUlTCd, 3. The following final improvement plans shall be submitted to the District for review prior to final development approval. ){ Grading Plant X Street Plan z X Storm Drain Plan X Water&Sewer Plan X Final Map Other None Required 4. Availability of drainage facilities: Permanent drainage service is available provided the developer can verify to the satisfaction of the City a' that runoff can be safely conveyed to the Masicr Plan inlet(s). h. 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 SFRV1CFi.1S AVAII_AB1,F THROUGH X d. See Exhibit No.2. S. The proposed development: Appears to be located within a 100 year flood prone arca as designated on the latest Flood Insurance Rale Maps available to the District,necessitating appropriate floodplain managemcnt action.(Sec altachcd Floodplain Policy.) X Does not appear to be located within a flood prone arca. The subject site contains a portion of a canal or pipeline that is used to manage recharge,storm water, ti. and/or flood flows.The existing capacity trust be preserved as part of site development.Additionslly,site dcvclopn:cni may not interfere with the ability to operate and maintain the canal or pipeline. 5469 F»OLIVE-FHFSNO,CA 93717-(559}456-3292-1'AX{559}456.3144 FRESNO METROPOLITAN YLOOV ONTROL Dlgt F lCl� NOTICI �?l�R��1J1R13M1gNT5 Page 3 oro 7. The federal Clean Wates 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 mora acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant M" 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, grading,and disturbances:to the ground that result in soil disturbance of a!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 Hoard(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 Pcrmit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit:manufacturing; trucking-,recycling;and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees arc required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant indicators,and annually submit a report to the State Board. 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-Constiudion Guidelines(available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain syslcm,and where possible minimiae contact with materials which may contaminate storm water runoff. & A requirement of the District may be appealed by filing a written notice of appeal with the Sccrclary of the District within ten days of the dale 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. Sec fixhibit No.2 for additional comments,rccornmendat ions and requirements. 1 {/ ■'7�]/ / . JGi~� Gerald E.Lal:cman Ncda Shaken District Engineer Project E-zig'incer 5469 F_01.1 V}-FFZFS r'0,CA 93727-(559)456-3M-FAX(559}456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS N&C 4 of 4 --------------- ..................................................... ....................................................... ............------ m 5469 P.01,IVE•FRESNO,CA 93727-t559}456.3192-FAX(559)456.3194 3 t NOTE: THIS MAP 15 SCHEMA= DISTANCE$ARE APPRomATE. ! q" �i '@DNRI �........... _._. 4 Re I .. _. . x �c "DE" x hF LEGEND ©----— 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 r r■.■■■ private Pipe DRAINAGE AREAS"DE"& "DN" EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT i 4 z 3 t OTHER REQUIREMENTS 3 EXHIBIT NO.2 s 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-offean 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 nmoff'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. l and described above. Drainage shat l 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. Developinent No. Tract 5903 Revised engrlpxmifcxFi':if?�lrarfL�i43 rcvised[nsJ co County of Fresno f i Department of?ublic liealtli Edward L.Moreno,&I.O.,M.P.H., Director-Health Officer 0� 85�d F.R�S July 8, 2010 999999999 LUD015461 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 (RWQCe). 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)447-3304. • 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 1•131lon M.-Ill/P.Q.Box 13$Ci 7/Fresno,Califemia 9.37751(559)445-3 35 7;FA\(559)•145-3379 1 c�xi E:: tit r:[O P�r:sn,r.•Afli:in::i,v A::ir•.-•[]:•,_�'[d F;:•,r;crcr Israel Trejo C-08-293 & T-5943 Revised July 8. 2010 Page 2 of 2 Prior to destruction of any existing agricultural wells),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 pen-nits 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: Janet Gardner '' ` "` PSITYY.[1 TiwdN+.wS�VS�wwYlllialh D.vr.bnfrn-..[rw� DW,MOWNIYgToln{.�Wryry�.y�hw nyel. [.LS [w.MOWN icwefAi trm R.E.H.S., M.P.H. Environmental Health Specialist€I1 (559)445-3271 J9 Cc: Wayne Fox, Supervising Environmental Health Specialist C-08-293 T-5903 Revised l� E-File +Y . y PHONE{559]733-7181 FAX(559)233-82 7 ' �• 2907 SOUTH MAPLE AVENUE � � ... FRESNO,CAUFORMA 837725.2218 Y0ur M011 Va•'uabid Rn=*urea-WOW 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, NIW 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-48-293 applications, being filed concurrently, to develop 12.11 acres of properly 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 579-474-33 and 34,and has the foAawing 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, 2049. At that time the applicant proposed the development of an 11-Iot 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, 2449 comments for your reference. Thank you for submittingthis 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 cohtaCi James Shields at 233-7161 extension 319 or by email at Jshields@ft'esnoimlgat on.corn. Sincerely, //t,1'!A4V2 William R. Stretch, P.E. Chief Engineer Attachment Gi1Apono**1C1Ty%Tracs ttap15103 2.doc BOARPOf President JEFFREY G. BOSWELL, Vlce•Ffeatdent JEFF REELY MECTORS STEVE BALLS.RYAN JACOBSEN,MAGE PORTER. Genenl Wimpef WY R.SL•RRATO ma: Roo? N ' uj ThS PtdTIT >1�l -._........... _w._ t , . .. ........ . - _... _ m: ova No 15E STN t ---............... o . _ to : . Q l�. to CL a � „� lJ - 4 E-File .4 t. FAX15511 zs•nxxy MUM QU_W0RNK'93rZS-n 10 Your Rhes Vp rdrwa�a-L'Rflcr December 21,2009 Mr. Israel Trejo City of Fresno Development Servfces/Planning 2840 Fresno Street..Third Floor Fresno, CA 93721-3804 RE: Tract Map 5903, NMf and Copper and Chestnut Avenues Dear Mr. Trejo: The Fresno Irrigation District(FID)has reviewed the Tentative Subd€v€sion Map-Tract Map No. 5943 by Norman Kizirian to develop 12.13 acres of property into 11 residential lots located on the westerly side an 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. F1 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 lode]groundwater supplies. The area is currently undeveloped land and a' stgniticant portFon o€its water supply is Imported surface water, supelemenled bygi�ou idwater pumping. Under current circumstances the project arsa�s'e�rpeiencing a modest but con#Inuing groundwater overdraft. Should the proposed��velopment result in a conversion from imported surface water to groundwater;this deficit will increase. FI❑suggests the City require the propos d:devel pment balance anticipated groundwater use with sufficient recharge of fmported'surface water in order to.preclude increasing the area's existing groundwater overdraft. GOAROOf Treeldenl JEFFREY O.6OSWELL. V$co-Preeldenl JEFF NEE•LY ORlECTO" STEVr OAUS,RYAN JAC04SFN,OLOROC PORTER,GNiuil lA Agcr GARY R.SERRATO Mr. Israel Trelo Re:TM 5903 December 21,2008 Page 2 of 2 Thank you for subrnUng this.for our.review. We appreciate the opportunity to review and comment on the si blOd-documents for the proposed:project, If you have any questions please feel free;to cohtad James Shields at 233-7151 extension 319 or by email at jshlelds@fresnokf gationmom. Sincerely, William R. Stretch, P.E. Chief Engineer Attachment Vip[ndes101y17rsU lxpssos�cc ILI A I R)N.A:S!? ;(11!S I ----------- ........................... DEPARI NIENT OF'FRANSPORIWFION _ T 1352 NVF'ST01 AVE AVENt: P.0. BOX 12616 FRESNO,CA 93,778-2616 PHONL 059)445-5,\6y 4 FAX (551))48,S-4088 -n,:ril eft'4'iiwr B4 'ITY �559)488lowi July 7, 2010 213 14 GR/C EQA 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 93721-36314 Dear Mr. TrcJ1o: 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 I 1-lot residential project. The project is located north of East Copper Avenue, west of the North CliestiitjtAvenue ill,,iiiiient. Caltranshas the f 0 11 o W i 11 C T c o III 111 c II I S: Tli c applicant for[fie Copper River Ranch Devel opnicri I a-reed to pay a hair s liare of S700,000 to m L vale Jor the project's impacts to the State Route 41+1 ant Road interchange. The mitigation on of(lie development has been determined to be Sl 76.24'unit. Ifthi for the residential pot-tiIs portion of flee Copper River Ranch project is approved With the 6 units now spcci ficd in flie CL11I Vnt JpPlICZ11101), the T1111.1gation will be S1,057.44. If you inive any qUeSliOZIS, please call me at (559)445-5868, Sincuely, MICHAEL NAVARRO Office of Transportation Planning District 6 C: _Nli% Scott Niozier. City of Fresno Public Works Mn Bryan Jones, City of Fresno Public Works Mr. Tony Boren, Council of Fresno County Governnients CXIFfms v.!Pf01'_5 Israel Tre"o From: Israel Trejo Sent: Wednesday, August 25, 2010 10:27 AM To: Kevin Fabino;Mike Sanchez; John Dugan;Jerry Bishop Subject: T-590310-08-293(Kizirian map) To Ali: This email is being sent to provide an update on the two outstanding issues raised at the August 18, 2030,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-1 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 5ep.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, lie 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. z ..... . s: s i ........:...:.:::.::. 2WT snp.ttr�t'.Thii >=fir - s piritdfor f =93721 i?5 M. ). r: 'M 1559). ,078 Aine 4,2010i Norman Kizirian 11261 N Chestaut Ave Clovis, Cu. 43619 Gentlemen: On June 4,2014 the PIPES Senior Review Committee convened a meeting with the following members in attendance: John.M.-Dopn,Development,and Resource Management Department,Chair Reae Ramirt'z,Publiti Ufili#ies: p eiit 1' trick'irltira>yilfer, l?tiblia arirs e . i ent Craig Sch.art on,Downtown and Coli ity Revitalization Department Additional Attendeo., Bruce Rudd,City MAWer'a.Office Lan Martin,Public Utilities Depwritmen� The agenda included a discussion of the water and sewer requirements for proposed Vesting Tract 59D3. It was the consensus that the project;:cowd be supported providing the following conditions are met. 1. Separate the project into tvvd;ikaa s with.lam 3 through 6 comprising map I. a. Sewer capacity is.ayaiWle.for tots l through 6. b. eater entitlements heed o be acquired. Potentially,water resources may be obtainable from an adjacent devrlop,ment. 2. Meet all other conditions as preiented in the existing map review for Tract 5903. 3. Map number 2 consisting of the tcntaining lots could not be processed until such time as all .eater and sewer issues including mast r planning and fez calculations are..completed. Sincerely, John M.Dugan,AICP Director,Chair z Israel Tre'o From: Will Tackett Sent: Thursday, December 10,2009 3:11 PM To: Israel Trejo Subject: FW:vtm 5903-review commenIs I zzy, FYI. will From: Alan Kawakami Sent:Thursday, December 10, 2009 2:50 PM To: Will Tackett Cc:Son 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 completer 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 mast 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. i Israel Tre'o 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;Jae Paff; Chris Welbert;jgardner@co.fresno.ca.us, Richard Fultz; Neda 5hakeri; Joanne 5triebich; Alan James; resa.garcia@valleyair.org; James Shields Subject: T-5403 and C-08-293 (revised) Attached, please see the revised project proposal for T-5403 and C-08-293. Originally,the map was proposed with 11 lots with one private and one public street. The applicant has scaled hack 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: k "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 acid the private road easement to the proposed dedication and still have not resubmitted the deed with the private road dedication added. Alan ,lames 12/10/2009 #a Tuac•r Iwo CAxwota4-noi DC7 -1s 44.,nm,.ata Tm---w7C'C. 1.fQra► rF;p Doom WW-- -nm AMP %4m PRea7qwmwcp Aw an &AXMM Jw cx*m=. 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Jo Y►:�w7r.;::;y�w+�e.;i..an:.�c�rz�aax7.;'.3rw:�isa: �c::�rre.:: 3= . r" Israel Trejo From: Israel Trejo Sent: Friday,July 30, 2010 3:46 PM To: 'jpyle@vaterboards.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. ❑ne 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 8,2019; 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. l 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 1 Israel Trejo From- Israel Trejo Sent: Friday,July 30, 2030 4:31 PM To: 'betsy.lichti@a cdph.ca.goV Cc: Doug Hecker Attachments: 4989_001.pdf,SCAN4292_001.pdf Betsy, Tract T-5403 (currently located in the County of Fresno) has been submitted to subdivide a—12 acre parcel into 6 lots with❑ne 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 622-8044 t