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HomeMy WebLinkAboutT-5914 - Conditions of Approval - 9/15/2014 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL (REVISED OCTOBER 13,2009) (REVIsED FEBRUARY 18,2010) (REVISED MAY 16,2012) REVISED VESTING TENTATIVE TRACT MAP No. 5914/UGM NORTH SIDE OF WEST HERNDON AVENUE,BETWEEN NORTH HAYES AND WEST SPRUCE AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Revised Vesting Tentative Tract Map No. 5914/UGM, a Planned Development dated jalluaFy 25, 2008 A March 20, 2012, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Rezone Application No. R-07-73 and Conditional Use Permit Application No. C- 07-349 which establishes a planned development for the subject property. 2. The proposed C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zoned parcel has not been approved for development. An additional entitlement, i.e. site plan or conditional use permit, is required for development. 3. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 4. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 2 engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 5. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 6. 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. 7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 8. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 9. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 10. 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. 11. Relinquish access rights to the streets and/or easements along the south property lines of lots 1-39. 12. Comply with the requirements of the Fresno County Airport Land Use Commission, including the requirement of an avigation easement and agreement. Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 3 Landscaping and Walls 13. As indicated on °E Mbit A"dated dairy—25, 2009 Atm ,-der Revised Vesting Tentative Tract Map No. 5914/UGM, provide landscaping, irrigation and pavement within the landscaped trail area along the southern property lines of lots 1-38. To satisfy the requirements for the bicycle/pedestrian trail and expressway area standards, a 33 minimum 26-feet 22-foot wide landscape, bicycle and pedestrian easement is required along said area. a) A total of 36 feet is required from face of curb to the north line of the required easement in order to meet the trail standard. • NOTE: The minimum 22-foot wide landscape, bicycle and pedestrian easement is required adjacent to a 14-foot wide sidewalk pattern along West Herndon Avenue (total 36 feet for trail purposes). Additional dedication shall be required for the trail where a narrower sidewalk pattern exists in order to provide the required overall 36 feet to accommodate the trail. 14. Outlot A shall be developed as a paseo constructed with landscaping (and irrigation system) and lighting. Development plans shall be submitted to the Public Works Department. The development and maintenance of said outlot shall be as described in the letter from the Department of Public Works dated December 17, 2007. 15. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 16. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at (559) 621-8695 for information regarding the City's District. The property owners may petition the City for annexation to the City's District prior to final map approval. 17. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 18. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/developer shall create a homeowner's Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 4 association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 19. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. 20. The proposed project shall comply with the Conclusions and Recommendations as stated in the acoustical analysis prepared by Brown-Buntin Associates, Inc, dated December 11, 2007. A 10-foot high sound mitigation wall shall be constructed along Herndon Avenue west of the Veterans Boulevard Junction (lots 1-28) and a 13 foot high sound wall east of the junction (lots 29-38). It is noted that the study did not address the approval of two story homes, as such, if second floor homes are proposed, plans shall be reviewed by an acoustical consultant, prior to construction, to assure that interior noise levels satisfy City requirements. 21. The sound mitigation wall required per the Brown-Buntin Associates, Inc, study dated December 11, 2007, shall be constructed in accordance with the Express Area Overlay District per section 12-244 of the Fresno Municipal Code. Lot Dimensions 22. Lot dimensions shall match those depicted on "Exhibit A," dated januaFy 25, 2009 August Oa, Revised Vesting Tentative Tract Map No. 5914/UGM dated March 20, 2012; except as may be required to be adjusted in order to accommodate the construction of public improvements, specifically driveway approaches, in accordance with Department of Public Works Standards and Specifications. Building Setbacks 23. Building setbacks shall be in accordance with the R-2//EA/UGM zone district and as follows: Front yard: Front yard setbacks shall be a minimum of 10-feet from property line to habitable living area and 18-feet to a garage. Interior Side yard: Interior side yard setbacks shall be a minimum five feet. Rear yard: Provide the minimum rear yard setback in accordance with the Express Area Overlay District per section 12-244 of the Fresno Municipal Code; except as may be modified pursuant to Conditional Use Permit Application No. C-07-349. Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 5 Information 24. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 25. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 26. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. 27. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the FMC. 28. Vesting Tentative Tract Map No. T-5914/UGM is subject to City Council approval of Rezone Application No. R-07-73. 29. Conditional Use Permit Application No. C-07-349, filed to establish a 38-lot, planned development for the subject site shall be approved prior to final map approval. 30. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 31. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 32. 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. Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 6 33. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c. Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 34. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 35. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager(see below-noted conditions). STREET NAMES 36. Comply with the street name review memorandum dated December 14, 2007. PARK SERVICE 37. Comply with the memorandums from the Public Works Department both dated December 17, 2007. 38. Pay appropriate park facilities fee and/or dedicate lands for park and recreation purposes pursuant to Ordinance No. 2007-70 and 2005-113 adopted by the Fresno City Council on September 27, 2005. Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 7 FIRE SERVICE 39. Comply with the memorandum from the Fire Department dated December 7, 2007. SOLID WASTE SERVICE 40. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 41. Per Section 9-405 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 42. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 43. Comply with the memorandum from the Solid Waste Division dated January 3, 2008, with the following exceptions: a) Homeowners will be allowed to place containers in the driveway area. b) Those lots that have a frontage of less than 40'shall not be required to have shared driveways. All residential driveways shall comply with Department of Public Works Standard P-4. STREETS AND RIGHTS-OF-WAY 44. 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. 45. 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. 46. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 8 following shall be submitted as a single package to the Pubic Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, c. Landscape and irrigation plans (median island and street trees within all parkways). 47. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011 and Resolution No. 78-522, 88-229. 48. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 49. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 50. 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. 51. Comply with the memorandum from the Public Works Department, Engineering Division dated February 12, 2008. SANITARY SEWER SERVICE 52. The subdivider shall comply with the requirements and conditions mentioned within the approved "Subdivision Agreement" for Tract No. 4148, Phase 1 of Tentative Tract No. 4148 dated October 22, 1991. 53. Abandon and demolish all on-site sanitary sewer facilities. 54. Street easements and/or deeds shall be recorded prior to approval of improvement plans. Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 9 55. All underground street utilities shall be installed prior to permanent street paving. 56. All public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications, and policies. 57. Engineered improvement plans prepared to City Standards by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. 58. Comply with the memorandum from the Public Utilities Department dated December 10, 2007. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: Sewer Lateral Charge Oversize Sewer Area: 19 Trunk Sewer Service Charge: Grantland Wastewater Facilities Charge (Residential Only) WATER REQUIREMENTS General Conditions 59. Separate water services with meter boxes shall be provided to each lot created. 60. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 61. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 62. Comply with the Department of Public Utilities, Water Division memorandum dated December 14, 2007. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 63. The developer 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 vesting tentative tract maps. Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 10 64. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 65. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 66. 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. 67. 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. 68. 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. 69. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 70. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. Comply with their memorandum dated January 3, 2008. 71. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 11 prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 72. Contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for their requirements. CENTRAL UNIFIED SCHOOL DISTRICT 73. The developer/owner shall contact the Central Unified School District for their requirements. PACIFIC GAS AND ELECTRIC COMPANY 74. The developer/owner shall comply with the requirements in the letter from the Pacific Gas and Electric (PG&E) Company dated December 17, 2007. COUNTY OF FRESNO 75. Comply with the letter, from the County of Fresno, Department of Community Health, dated December 17, 2007. CALTRANS 76. Comply with the letter from Caltrans dated December 24, 2007. FRESNO IRRIGATION DISTRICT (FID) 77. Comply with the letter from the Fresno Irrigation District dated December 10, 2007. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth) c. Oversize Charge* $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charger $419/living unit Service Area: Grantland e. Wastewater Facilities Charge+ $2,119/living unit Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 12 f. House Branch Sewer Charger N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. h. Frontage Charge► $6.50/lineal foot i. Transmission Grid Main Charge► $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt Service Charge► $243/gross acre (parcels 5 gross acres or more) k. UGM Water Supply Feer $407/living unit Service Area: 201s I. Well Head Treatment Feer $0/living unit Service Area: 201 m. Recharge Feer $0/living unit Service Area: 201 n. 1994 Bond Debt Service► $0/living unit Service Area: 201 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee - Citywide♦ $539/living unit p. Park Facility Impact Fee - Citywide♦ $2278/living unit q. Quimby Parkland Dedication Feer $1120/living unit r. Citywide Regional Street FeeA $8,361/adj. acre s. New Growth Area Major Street Fee+ $18,790/adj. acre t. Police Facilities Impact Fee - Citywide♦ $624/living unit u. Traffic Signal Charge* $440.03/living unit Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised May 16, 2012) Page 13 If Due at Final Map. 4 Due at Building Permit. ♦ Due at Certificate of Occupancy. �► Deferrable through Fee Deferral Covenant. KAMaster Files-Tract Maps\Tract 5914 Israel Trejo(R-07-73,C-07-349)\COA-T-5914 March 5 2008.doc P CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MARCH 05, 2008 (REVISED OCTOBER 13, 2009) (REVISED MAY 16, 2012) REVISED CONDITIONAL USE PERMIT APPLICATION NO. C-07-349 PART A- PROJECT INFORMATION 1. Assessor's Parcel No: 503-020-51 s 2. Job Address: Vesting Tentative Tract Map No. T-5914/UGM and Rezone Application No. R-07-73 3. Street Location: North side of West Herndon Avenue between North Hayes and West Spruce Avenues 4. Proposed Zoning: R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Management) and C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) per Rezone Application No. R-07-73 5. Planned Land Use: Medium density residential and office commercial 6. Plan Areas: Bullard Community Plan 7. Project Description: Conditional Use Permit Application C-07-349 proposes a planned development, which includes reduced lot sizes and setbacks, for Vesting Tentative Tract Map No. 5914/UGM on 5.11 acres of the subject property. A single C-P/EA/UGM zoned parcel is proposed for the remaining 4.38 acres; no entitlement has been submitted for the development of the remaining 4.38 acres PART B - GENERAL CONDITIONS AND REQUIREMENTS The Planning Commission on March 5, 2008, approved the special permit application subject to the enclosed list of conditions and Exhibits A, B, C, D, E-1, E-2 and F dated January 25, 2008. The following conditions of approval have been revised to reflect those changes approved on 9eteber 43- 009 May 16, 2012 respective to Revised Vesting Tentative Tract Map No. 5914/UGM, and Revised Exhibits"A", "E"& "F"of Conditional Use Permit Application No. C-07-349 dated March 20, 2012. Conditions of Project Approval Revised Conditional Use Permit Application No. C-07-349 October 13, 2009 (Revised May 16, 2012) Page 2 An environmental assessment/initial study was conducted and resulted in a Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), dated February 4, 2008. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code (FMC) Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Director within 15 days. In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval, you may do so by filing a written appeal with the Director. The appeal shall include a statement of your interest in or relationship to the subject property, the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Your appeal must be filed by March 20, 2008. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. Conditions of Project Approval Revised Conditional Use Permit Application No. C-07-349 October 13, 2009 (Revised May 16, 2012) Page 3 The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by December 01, 2014 (four years from the date of original approval). The time limits for any special permit conditionally granted in conjunction with an approved tentative tract map shall be automatically extended upon the extension of such tentative tract map pursuant to Section 12-1005.1 of the FMC. To complete the back-check process for building permit relative to planning and zoning issues, submit eight copies of this corrected, final site plan, together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Current Planning Section, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Contact Robert Lewis at(559)621-8055 or via e-mail at Robert.lewis@fresno.gov to schedule an appointment. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. Conditions of Project Approval Revised Conditional Use Permit Application No. C-07-349 October 13, 2009 (Revised May 16, 2012) Page 4 PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relating to dedications, street improvements or off-street parking lot geometrics may be directed to Greg Jenness at(559)621-8812 of the Public Works Department, Engineering Division. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights of way. b) Provide a minimum 4 foot wide path of travel along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements can not be met within the existing public rights of way. c) Deed documents for the required property dedications shall be prepared by the applicant's engineer and submitted to the Public works Department, Engineering Division, Special Districts / Projects and Right-of -Way Section with verification of ownership prior to issuance of building permits. Deed documents must conform to the format specified by the city. Document format specifications may be obtained from the Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, or by calling (559) 621-8694. d) The construction of any overhead, surface or sub-surface and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the Public Works Department, Engineering Division, Special Districts/Projects and Rights-of- Way Section. Encroachment permits must be approved priorto the issuance of building permits. Please call (559) 621-8693 for additional information. STREET IMPROVEMENTS All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division, prior to commencement of the work. All required street improvements must be completed and accepted by the City prior to occupancy. For additional information you may call (559) 621-8686. e) Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division. For additional information you may call (559) 621-5500. Conditions of Project Approval Revised Conditional Use Permit Application No. C-07-349 October 13, 2009 (Revised May 16, 2012) Page 5 f) Install sidewalk and concrete approaches to City Standard Specifications within all street frontages. g) Install streetlights along all street frontages in accordance with City Standards. Plans must be prepared by a registered Civil Engineer and must be approved by the Public Works Department Engineering Division prior to installation. h) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. For additional information you may call (559)621-8682. SURVEY MONUMENTS AND PARCEL CONFIGURATION i) Existing survey monuments shall be preserved and if disturbed, shall be reset by a person licensed to practice land surveying in the State of California. PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) 2025 Fresno General Plan ii) Bullard Community Plan iii) Sierra Sky Park Primary Review Area Policy Plan iv) Planned Development (Section 12-306-N-21 of the FMC) v) Medium density residential and office commercial planned land uses 2) ZONING a) Development is proposed in accordance with the proposed R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay DistricvUrban Growth Management) zone district. Approval of the CUP is contingent upon approval of Rezone Application No. R-07-73 and Revised Vesting Tentative Tract Map No. 5914/UGM. 3) POPULATION DENSITY(Residential Projects) a) Contingent upon approval of Rezone Application No. R-07-73,the subject property shall not be developed with more than 10.37 dwelling units per acre, which shall be calculated for Vesting Tract Map No. 5914/UGM. 4) BUILDING HEIGHT a) The proposed project shall comply with the Conclusions and Recommendations as stated in the acoustical analysis prepared by Brown-Buntin Associates, Inc, dated December 11, Conditions of Project Approval Revised Conditional Use Permit Application No. C-07-349 October 13, 2009(Revised May 16, 2012) Page 6 2007. houses are not onnrnved as nor this nrnient shall be ebta*Red to assuFe that iRteFiGF Re!68 levels satisfy Gity requiremeRts. • NOTE: An updated acoustical analysis was prepared by Brown-Buntin Associates, Inc.dated March 18,2008,which analyzed second floor rooms for proposed building plans in order to make a determination of compliance with City of Fresno standards pursuant to the recommendations of the December 11, 2007 study. i) Construction of two story homes within the proposed subdivision shall incorporate, and comply with, the noise mitigation measures included within the Conclusions and Recommendations stated within the March 18, 2008 acoustical analysis in order to reduce interior noise levels of new residential homes to acceptable standards. b) Proposed building or structure height shall meet the requirements of Section 12-212.5-D of the FMC. 5) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING a) Building setbacks shall be in accordance with the R-2/EA/UGM zone district and as follows: Front yard: Front yard setbacks shall be a minimum of 10-feet from property line to habitable living area and 18 feet to a garage. Interior Side yard: Interior side yard setbacks will be a minimum of five feet. Rear yard: Provide the minimum rear yard setbacks in accordance with the Express AFeaOverlay Di�int eF se 6}'l9l12-244 of the F=revnv Exhibit"A"of Conditional Use Permit Application No. C-07-349 dated March 20, 2012 b) The number of trees will be determined by the following formula: Section 12-306-N-24-G-3 of the FMC requires one medium sized tree (30 — 60 feet at maturity)for each parking space, plus one medium sized tree for each residential unit. Two small trees (15-30 feet at maturity) shall be counted as one medium-sized tree. c) Outlot A shall be developed as a paseo constructed with landscaping(and irrigation system) and lighting. Development plans shall be submitted to the Public Works Department. The maintenance of said outlot shall be as described in the letter from the Department of Public Works dated December 17, 2007. 6) FENCES, HEDGES, AND WALLS a) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind,vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard,which may occur as a result of improper fence installation or damage to the fence. Conditions of Project Approval Revised Conditional Use Permit Application No. C-07-349 October 13, 2009 (Revised May 16, 2012) Page 7 b) Walls shall be constructed pursuant to the Conditions of Approval of Vesting Tentative Tract Map No. 5914/UGM. c) Pursuant to section 12-306-H.2.b.1 of the FMC, a six foot high wall shall be erected along the property line which is a district boundary line with an abutting residential district. As such, a six foot high wall is required on the west and north property line of proposed lot 1 and along the east property line of proposed lot 38 33. 7) BUILDING ELEVATIONS a) All houses in the subject planned development shall be in compliance with elevations shown in Exhibit(s) `E" dated '; date August 03, 200 March 20, 2012, unless noted below. b) Mechanical equipment may not be visible from the public right-of-way. Thus, all air conditioning units must be placed on the ground outside of required side yards. They may be located in the rear yards. Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. c) Pursuant to Policy numbers C-20-f, C-21-a, C-21-b and C-21-c of the 2025 Fresno General Plan,all proposed buildings shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless"blank"walls. As such,add design features and decorative treatments to the second story rear elevations. This may be accomplished by varying the building footprint with indentations, projections,offsets,different building materials, or adding polyfoam with a stucco finish to add visual interest and to break up the mass of walls. d) Include a color and material schedule on the site plan, as well as on the elevations, for the exterior of all buildings and structures. PART E - CITY AND OTHER SERVICES 8) Refer to the Conditions of Approval for Revised Vesting Tentative Tract Map No. 5914/UGM dated MaFGh 5, 20 QGtobeF 43, 200 May 16, 2012 for all other requirements. City of CIIIII�C����I/i rllllrn0=Q W:a.. Development&Resource Management Department 2600 Fresno Street •Third Floor Mark Scott Fresno, California 93721-3604 Interim Director (559) 621-8277 FAX(559) 498-1026 February 04, 2013 Please reply to: Will Tackett (559) 621-8063 Morton & Pitalo, Inc. 75 Iron Point Circle, Suite 120 Folsom, CA 95630 SUBJECT: NOTICE OF APPROVAL OF REVISIONS TO VESTING TENTATIVE TRACT MAP NO. 5914/UGM AND CONDITIONAL USE PERMIT APPLICATION NO. C-07-349 DATED FEBRUARY 01, 2013; FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEST HERNDON AVENUE BETWEEN NORTH HAYES AND WEST SPRUCE AVENUES. (APN: 503-020-51) The City of Fresno Development Services(Planning)Division has completed its review of revisions to the subject vesting tentative tract map and associated conditional use permit application dated February 01, 2013. Pursuant to Section 12-1005.2 of the Fresno Municipal Code, this letter is written to advise you that the Director of the Development and Resource Management Department, in consultation with the City Engineer, has approved the proposed minor revisions as noted on the Revised Vesting Tentative Tract Map No. 5914/UGM and site plan for Conditional Use Permit Application No. C-07-349 dated February 01, 2013; these changes have been deemed to be limited to changes which do not substantially alter the street pattern, lot configuration or overall design scheme The approved revisions to the conditions of approval for the vesting tentative tract map and conditional use permit application shall become, for all purposes, the applicable tentative map and conditional use permit conditions of approval for the proposed planned development subdivision and the conditions of approval which were originally approved shall be deemed withdrawn and shall no longer be of any force or effect for any purpose. EXPIRATION: The approval or conditional approval of the vesting tentative tract map expires two years from the date of approval of the original tentative tract map on March 05, 2008. The time limits for any special permit conditionally granted in conjunction with an approved tentative tract map (i.e., Conditional Use Permit Application No. C-07-349) shall be automatically extended upon the extension of such tentative tract map pursuant to Section 12-1005.1 of the FMC. Approval of the proposed revisions to the subject vesting tentative tract map and conditional use permit shall not affect the anniversary date of the approved original tentative map or associated conditional use permit. The expiration shall terminate all proceedings and a Final Map (tract) may not be filed without first processing a new Tentative Map (tract). EXTENSION: Modification of tentative tract map and/or conditional use permit conditions of approval does not extend the original expiration date of the proposed tentative map. The divider may request an extension of the tentative map expiration date by filing a written application together Morton & Pitalo, Inc. Revised Vesting Tentative Tract Map No. 5914/UGM Revised Conditional Use Permit No. C-07-349 February 04, 2013 Page 2 with the fee set forth in the Master Fee Schedule at the time of the request with the Director of the Development and Resource Management Department at least thirty days before the expiration date of the map. The applicant must state the reasons for requesting the extension. New conditions may be imposed if an extension is granted. Discretionary extensions may not exceed an aggregate of six years. If you wish additional information, please contact the City of Fresno, Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Your inquiry should be directed to either Jon Bartel (engineering or improvements issues) or Will Tackett(planning or zoning issues). Sincerely, DEVELODAENT SERVICES DIVISION Will Ta e , Planner III Devel m nt& Resource Management Department Enclosures: Revised Vesting Tentative Tract Map No. 5914/UGM dated February 01, 2013. Revised Conditional Use Permit Application No. C-07-349 dated February 01,2013. City of lers r�-I%A Planning&Development Department 2600 Fresno Street-Third Floor John M.Dugan,AICP Fresno,California 93721-3604 Director (559)621-8277 FAX(559)498-1026 February 18,2010 Please reply to: Will Tackett (559)621-8063 Provost&Pritchard,Inc. 286 West Cromwell Avenue Fresno,California 93711 SUBJECT: NOTICE OF APPROVAL OF REVISIONS TO THE CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5914/UGM AND CONDITIONAL USE PERMIT APPLICATION NO. C-07-349; PROPOSING A 39-LOT RESIDENTIAUCOMMERCIAL PLANNED DEVELOPMENT SUBDIVISION FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEST HERNDON AVENUE BETWEEN NORTH HAYES AND WEST SPRUCE AVENUES. (APN:503-020-51) The City of Fresno Planning Division has reviewed the Conditions of Approval for Vesting Tentative Tract Map No.5914/UGM and Conditional Use Permit Application No.C-07-349. Upon further review it has been determined through correspondence with the applicant/subdivider and the Department of Public Works that certain modifications to the Conditions of Approval are appropriate given the circumstances of the subject property. Therefore,this letter is written to advise you that the Director of the Planning and Development Department has approved modifications to the conditions of approval as referenced below. The Conditions of Approval for Vesting Tentative Tract Map No.5914/UGM and Conditional Use Permit Application No.C-07-349,as revised on October 13,200,remain in effect with the following exceptions: 1. Condition No. 13 of the Conditions of Approval for Vesting Tentative Tract Map No. 5914/UGM shall be revised to read as follows: a) As indicated on Exhibit"A"dated August 03,2009,for Revised Vesting Tentative Tract Map No. 5914/UGM, provide landscaping, irrigation, and pavement within the landscaped trail area along the southern property lines of Lots 1-38. To satisfy the requirements for the bicycle/pedestrian trail and expressway area standards,a minimum 22-foot wide landscape,bicycle and pedestrian easement is required along said area. i) A total of 36 feet is required from face of curb to the north line of the required easement in order to meet the trail standard. • NOTE: The minimum 22-foot wide landscape,bicycle and pedestrian easement is required adjacent to a 14-foot wide sidewalk pattern along West Herndon Avenue(total 36 feet for trail purposes). Additional dedication may be required for the trail where a narrower sidewalk pattern exists. Provost&Pritchard,Inc. Revised Conditions of Approval for Vesting Tentative Tract Map No.5914/UGM &Conditional Use Permit Application No.C-07-349 February 18,2010 Page 2 EXPIRATION: The approval or conditional approval of this revised vesting tentative tract map expires two years from the date of approval of the original tentative tract map on March 05,2008. The approval or conditional approval of the associated revised conditional use permit expires four years from the date of approval of the original conditional use permit on March 05,2008.The above referenced modifications to the conditions of approval shall not affect the anniversary date of the approved original tentative map and conditional use permit. The expiration shall terminate all proceedings and a Final Map(tract)may not be filed without first processing a new Tentative Map (tract). EXTENSION: The above referenced modification to the conditions of approval does not extend the two year time limit. The divider may request an extension of the tentative map expiration date by filing a written application together with the fee set forth in the Master Fee Schedule at the time of the request with the Director of the Planning&Development Department at least thirty days before the expiration date of the map. The applicant must state the reasons for requesting the extension. New conditions may be imposed if an extension is granted. The exercise of rights granted by the special permit(C-07-349)is not eligible for extension;there is no exception. Discretionary extensions may not exceed an aggregate of six years. If you wish additional information,please contact the City of Fresno,Planning and Development Department,Planning Division,2600 Fresno Street,Fresno,California 93721-3604;phone,(559) 621-8277. Your inquiry should be directed to either Jon Bartel (engineering or improvements issues)or Will Tackett(planning or zoning issues). Sincerely, PLANNIN DIVISION ill ckett,Planner III Pla njng and Development Department Enclosures: Conditions of Approval for Revised Vesting Tentative Tract Map No.5914/UGM Revised October 13,2009 and February 18,2010. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL (REVISED OCTOBER 13,2009) (REVISED FEBRUARY 18,2010) REVISED VESTING TENTATIVE TRACT MAP NO. 5914/UGM NORTH SIDE OF WEST HERNDON AVENUE,BETWEEN NORTH HAYES AND WEST SPRUCE AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Revised Vesting Tentative Tract Map No. 5914/UGM, a Planned Development entitled "Exhibit A," dated jaRwaFy 26, on9g August 03, 2009, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Rezone Application No. R-07-73 and Conditional Use Permit Application No. C- 07-349 which establishes a planned development for the subject property. 2. The proposed C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zoned parcel has not been approved for development. An additional entitlement, i.e. site plan or conditional use permit, is required for development. 3. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 4. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and Conditions of Approval Revised Vesting Tentative Tract Map No.5914/UGM October 13,2009(Revised February 18,2010) Page 2 engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 5. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If,at the time of Final Map approval,such plans have not been approved,the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 6. 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. 7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code,Article 10, Chapter 12, "Subdivision of Real Property;"Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications,2002 Edition,and any amendments thereto. 8. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction;street trees,street signs,water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications,or additions thereto;and in accordance with the requirements of State law as related to vesting tentative maps. 9. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If,at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 10. 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. 11. Relinquish access rights to the streets and/or easements along the south property lines of lots 1-39. 12. Comply with the requirements of the Fresno County Airport Land Use Commission, including the requirement of an avigation easement and agreement. Conditions of Approval Revised Vesting Tentative Tract Map No. 5914/UGM October 13, 2009 (Revised February 18, 2010) Page 3 Landscaping and Walls 13. As indicated on "Exhibit A," dated januaFy 26, 2088 August 03, 2009, for Revised Vesting Tentative Tract Map No. 5914/UGM, provide landscaping, irrigation and pavement within the landscaped trail area along the southern property lines of lots 1-38. To satisfy the requirements for the bicycle/pedestrian trail and expressway area standards, a 33 minimum -feet 22-foot wide landscape, bicycle and pedestrian easement is required along said area. a) A total of 36 feet is required from face of curb to the north line of the required easement in order to meet the trail standard. • NOTE. The minimum 22-foot wide landscape, bicycle and pedestrian easement is required adjacent to a 14-foot wide sidewalk pattern along West Herndon Avenue (total 36 feet for trail purposes). Additional dedication shall be required for the trail where a narrower sidewalk pattern exists in order to provide the required overall 36 feet to accommodate the trail. 14. Outlot A shall be developed as a paseo constructed with landscaping (and irrigation system) and lighting. Development plans shall be submitted to the Public Works Department. The development and maintenance of said outlot shall be as described in the letter from the Department of Public Works dated December 17, 2007. 15. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 16. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at (559) 621-8695 for information regarding the City's District. The property owners may petition the City for annexation to the City's District prior to final map approval. 17. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 18. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/developer shall create a homeowner's Conditions of Approval Revised Vesting Tentative Tract Map No. 59141UGM October 13, 2009 (Revised February 18, 2010) Page 4 association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 19. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. 20. The proposed project shall comply with the Conclusions and Recommendations as stated in the acoustical analysis prepared by Brown-Buntin Associates, Inc, dated December 11, 2007. A 10-foot high sound mitigation wall shall be constructed along Herndon Avenue west of the Veterans Boulevard Junction (lots 1-28) and a 13 foot high sound wall east of the junction (lots 29-38). It is noted that the study did not address the approval of two story homes, as such, if second floor homes are proposed, pians shall be reviewed by an acoustical consultant, prior to construction, to assure that interior noise levels satisfy City requirements. 21. The sound mitigation wall required per the Brown-Buntin Associates, Inc, study dated December 11, 2007, shall be constructed in accordance with the Express Area Overlay District per section 12-244 of the Fresno Municipal Code. Lot Dimensions 22. Lot dimensions shall match those depicted on "Exhibit A," dated da^ry25,2008 August 03, 2009, for Revised Vesting Tentative Tract Map No. 59141UGM. Building Setbacks 23. Building setbacks shall be in accordance with the R-2HEA/UGM zone district and as follows: Front yard: Front yard setbacks shall be a minimum of 10-feet from property line to habitable living area and 18-feet to a garage. Interior Side yard: Interior side yard setbacks shall be a minimum five feet. Rear yard: Provide the minimum rear yard setback in accordance with the Express Area Overlay District per section 12-244 of the Fresno Municipal Code. Information Conditions of Approval Revised Vesting Tentative Tract Map No.5914/UGM October 13,2009(Revised February 18,2010) Page 5 24. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 25. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 26. Pursuant to Section 66456.1 of the Subdivision Map Act,which states"The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps,"any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of FMC Chapter 12,Article 10,Subdivision of Real Property. 27. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well,septic tank/leach field or cesspool,and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work,in accordance with Chapter 13 of the FMC. 28. Vesting Tentative Tract Map No. T-5914/UGM is subject to City Council approval of Rezone Application No.R-07-73. 29. Conditional Use Permit Application No. C-07-349, filed to establish a 38-lot, planned development for the subject site shall be approved prior to final map approval. 30. If archaeological and/or animal fossil material is encountered during project surveying, grading,excavating,or construction,work shall stop immediately. 31. If there are suspected human remains,the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number(916) 653-4082)shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 32. 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. 33. Apportionment of Special Assessment: If,as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as Conditions of Approval Revised Vesting Tentative Tract Map No.5914/UGM October 13,2009(Revised February 18,2010) Page 6 defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works,requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot,parcel or interest to be divided and of how such lot,parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law;and c. Written consent of the owner(s)of each such lot,parcel,or interest to the requested apportionment. d. The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot,parcel,or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 34. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 35. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager(see below-noted conditions). STREET NAMES 36. Comply with the street name review memorandum dated December 14,2007. PARK SERVICE 37. Comply with the memorandums from the Public Works Department both dated December 17,2007. 38. Pay appropriate park facilities fee and/or dedicate lands for park and recreation purposes pursuant to Ordinance No.2007-70 and 2005-113 adopted by the Fresno City Council on September 27,2005, FIRE SERVICE 39. Comply with the memorandum from the Fire Department dated December 7,2007. Conditions of Approval Revised Vesting Tentative Tract Map No. 59141UGM October 13, 2009 (Revised February 18, 2010) Page 7 SOLID WASTE SERVICE 40. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 41. Per Section 9-405 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. 42. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 43. Comply with the memorandum from the Solid Waste Division dated January 3, 2008, with the following exceptions: a) Homeowners will be allowed to place containers in the driveway area. b) Those lots that have a frontage of less than 40'shall not be required to have shared driveways. All residential driveways shall comply with Department of Public Works Standard P-4. STREETS AND RIGHTS-OF-WAY 44. 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. 45. 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. 46. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Pubic Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); Conditions of Approval Revised Vesting Tentative Tract Map No.5914/UGM October 13,2009(Revised February 18,2010) Page 8 b. Street Construction Plans;and, c. Landscape and irrigation plans (median island and street trees within all parkways). 47. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011 and Resolution No. 78-522, 88-229. 48. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector and local streets. Height,type,spacing,etc.,of standards and luminaries shall be in accordance with Resolution No.68-187,78-522,81-219,and 88-229 or any modification thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 49. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 50. 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. 51. Comply with the memorandum from the Public Works Department, Engineering Division dated February 12,2008, SANITARY SEWER SERVICE 52. The subdivider shall comply with the requirements and conditions mentioned within the approved "Subdivision Agreement'for Tract No. 4148, Phase 1 of Tentative Tract No. 4148 dated October 22,1991. 53. Abandon and demolish all on-site sanitary sewer facilities. 54. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 55. All underground street utilities shall be installed prior to permanent street paving. 56. All public sewer facilities shall be constructed in accordance with Department of Public Works standards,specifications,and policies. Conditions of Approval Revised Vesting Tentative Tract Map No.5914/UGM October 13,2009(Revised February 18,2010) Page 9 57. Engineered improvement plans prepared to City Standards by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. 58. Comply with the memorandum from the Public Utilities Department dated December 10, 2007. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: Sewer Lateral Charge Oversize Sewer Area:19 Trunk Sewer Service Charge:Grantland Wastewater Facilities Charge(Residential Only) WATER REQUIREMENTS General Conditions 59. Separate water services with meter boxes shall be provided to each lot created. 60. Public water facilities shall be constructed in accordance with the Department of Public Works standards,specifications,and policies. 61. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 62. Comply with the Department of Public Utilities, Water Division memorandum dated December 14,2007. URBAN GROWTH MANAGEMENT REQUIREMENTS(GENERAL) 63. The developer 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 vesting tentative tract maps. 64. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition Conditions of Approval Revised Vesting Tentative Tract Map No.5914/UGM October 13,2009(Revised February 18,2010) Page 10 65. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 66. 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. 67. 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. 68. 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. 69. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition,including staff time,attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 70. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors,pursuant to Section 13-1307 of the Fresno Municipal Code. Comply with their memorandum dated January 3,2008. 71. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 72. Contact the San Joaquin Valley Air Pollution Control District at(559)230-6000 for their requirements. Conditions of Approval Revised Vesting Tentative Tract Map No.5914/UGM October 13,2009(Revised February 18,2010) Page 11 CENTRAL UNIFIED SCHOOL DISTRICT 73. The developer/owner shall contact the Central Unified School District for their requirements. PACIFIC GAS AND ELECTRIC COMPANY 74. The developer/owner shall comply with the requirements in the letter from the Pacific Gas and Electric(PG&E)Company dated December 17,2007. COUNTY OF FRESNO 75. Comply with the letter, from the County of Fresno, Department of Community Health, dated December 17,2007. CALTRANS 76. Comply with the letter from Caltrans dated December 24,2007. FRESNO IRRIGATION DISTRICT(FID) 77. Comply with the letter from the Fresno Irrigation District dated December 10,2007. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge* $0.10/sq.ft.(to 100'depth) c. Oversize Charge* $0.05/sq.ft.(to 100'depth) d. Trunk Sewer Chargee $419/living unit Service Area:Grantland e. Wastewater Facilities Chargees $2,119/living unit f. House Branch Sewer Charge♦ N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s)and meter(s)sizes specified by owner; fee for service(s)and Meter(s) Conditions of Approval Revised Vesting Tentative Tract Map No,5914/UGM October 13,2009(Revised February 18,2010) Page 12 established by the Master Fee Schedule. h. Frontage Charge* $6.50/lineal foot i. Transmission Grid Main Charge* $643/gross acre(parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt Service Charge. $243/gross acre(parcels 5 gross acres or more) k. UGM Water Supply Feet $407/living unit Service Area: 201s I. Well Head Treatment Feet $0/living unit Service Area: 201 m. Recharge Feet $0/living unit Service Area: 201 n. 1994 Bond Debt Service4 $0/living unit Service Area: 201 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee-Citywide+ $539/living unit p. Park Facility Impact Fee-Citywide♦ $2278/living unit q. Quimby Parkland Dedication Feet $1120/living unit r. Citywide Regional Street Fees. $8,361/adj.acre s. New Growth Area Major Street Feem $18,790/adj.acre t. Police Facilities Impact Fee-Citywide+ $624/living unit u. Traffic Signal Charge* $440.03/living unit Y Due at Final Map. w Due at Building Permit. ♦Due at Certificate of Occupancy. *Deferrable through Fee Deferral Covenant. I<\Mader HIS-Tract Maps\Trac159141sraet Tejo(R-07-13,CA7-3 9)\COA-T-5914 March 6 2008.doc City of Planning & Development Department 2600 Fresno Street - Third Floor Nick P. Yovino Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 498-1012 May 1, 2008 Please reply to: Israel Trejo (559) 621-8044 Provost & Pritchard, Inc. c/o William Washburn 286 West Cromwell Avenue Fresno, CA 93711 Dear Applicant: SUBJECT: FINAL ACTION BY THE FRESNO CITY COUNCIL REGARDING REZONE APPLICATION NO. R-07-73 LOCATED ON THE NORTH SIDE OF WEST HERNDON AVENUE BETWEEN NORTH HAYES AND WEST SPRUCE AVENUES (APN: 503-020-51 s) At is regular scheduled meeting on March 25, 2008, the Fresno City Council took the following action regarding the above-referenced application: 1 . Approved the environmental finding of Environmental Assessment No. R-07-73/T-5914/C-07-349/UGM dated February 4, 2008, that the project conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. Approved Rezone Application No. R-07-73 requesting to rezone approximately 5.11 acres of property located on the north side of West Herndon Avenue between North Hayes and West Spruce Avenues from the R-1/EA/UGM/CZ (Single Family Residential District/Expressway Area Overlay District/Urban Growth Management/Conditions of Zoning) and the C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth Management) zone districts to the R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Management)zone district and rezone the remaining 4.38 acres of the subject property from the AE-5/EA/UGM (Exclusive Five Acre Agricultural District/Expressway Area Overlay District/Urban Growth Management)zone district to the C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management)zone district subject to condition of zoning. On March 5, 2008, the City of Fresno Planning Commission approved the following: 1. Approved Vesting Tentative Tract Map No.5914/UGM requesting to subdivide approximately 5.11 acres of the subject property into a 38-lot single family residential subdivision. 2. Approved Conditional Use Permit Application No. C-07-349 requesting to establish a Planned Development, which includes reduced lot sizes and setbacks, for a portion of Vesting Tentative Tract Map No. 5914/UGM. Enclosed is a copy of the Planning Commission Resolutions and City Council Ordinance Bill regarding the vesting tentative tract map, conditional use permit and rezone application. Please note that this action shall become effective thirty-one days after is passage. If you have any questions regarding these items please contact me at the number listed above or via email at Israel.Trejo@fresno.gov. Provost & Pritchard, Inc. May -1, 2008 Page 2 Sincerely, PLANNING DIVISION Israel Trejo, PI n �er Enclosures: Planning Commission Resolution Nos. 12828 [Rezone], 12829 [Tract] and 12830 [Conditional Use Permit] City Council Ordinance No. 2008-22 FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12828 The Fresno City Planning Commission, at its regular meeting on March 5, 2008, adopted the following resolution relating to Rezone Application No. R-07-73. WHEREAS, Rezone Application No. R-07-73 has been filed with the City of Fresno to rezone the property as described below: REQUESTED ZONING: Approximately 5.11 acres of R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay Districf/Urban Growth Management) and approximately 4.38 acres of C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) EXISTING ZONING: R-1/EA/U G M/CZ (Single Family Residential District/Express way Area Overlay District/Urban Growth Management/Conditions of Zoning), C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth Management)and AE-5/EA/UGM (Exclusive Five Acre Agricultural District/Expressway Area Overlay District/Urban Growth Management) APPLICANT: Provost & Pritchard Engineering Group Inc., on behalf of the McCaffrey Group LOCATION: Approximately 9.49 acres of property located on the north side of West Herndon Avenue between North Hayes and West Spruce Avenues APN: 503-020-51 s LEGAL DESCRIPTION: From R-1/EA/UGM/CZ & C-1/EA/UGM & AE-5/EA/UGM to R-2/EA/UGM & C-P/EA/UGM: The land referred to herein is situated in the State of California, County of Fresno and is described as follows: From R-1/EA/UGM/CZ to R-2/EA/UGM The South 120 feet of the East 60 feet of Section 33, T12S, Right 19 East, Mount Diablo Base and Meridian and also being a portion of the Remainder parcel of Tract Map No. 4148, McCaffrey Community No. 2 as recorded in Volume 53 of Plats at pages 32- 35, Fresno County Records EXCEPTING that portion within City of Fresno street right of way. From C-1/EA/UGM to R-2/EA/UGM That portion of the Remainder parcel lying within Section 33,T1 2S, R19E, Mount Diablo Base and Meridian, as shown on Tract Map No. 4148, McCaffrey Community No. 2, as recorded in Volume 53 Planning Commission Resolution No. 12828 Rezone Application No. R-07-73 March 5, 2008 Page 2 Plats at pages 32-35, FCR. Excepting the East 60 feet of said section 33 and also excepting that portion of land lying West of the East line of Lot 37 of said Tract 4148, and its southerly prolongation to the south line of said Section. From AE-5/EA/UGM to C-P/EA/UGM That portion of the Remainder parcel of Tract Map No. 4148, McCaffrey No. 2, as recorded in Volume 53 of Plats, at pages 32- 35, FCR, lying West of the East line of Lot 37 of said Tract 4148 and it southerly prolongation to the South line of Section 33, Tract 12S, R 19 East, Mount Diablo Base and Meridian. EXCEPTING that portion, within City of Fresno street right of way. APN: 503-020-51s WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to facilitate the development of a 38-lot, single family residential subdivision on approximately 5.11 acres; and, WHEREAS, the above-named applicant is requesting a zoning change on the above property in order to facilitate the creation of a single C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay Districf/Urban Growth Management)zoned parcel; and, WHEREAS, on January 14, 2008, the District 2 Plan Implementation Committee recommended approval of the vesting tentative tract map and related rezone and conditional use permit applications; and, WHEREAS,-the Fresno City Planning Commission on March 5, 2008, reviewed the subject rezone application in accordance with the policies of the 2025 Fresno General Plan and the Bullard Community Plan; and, WHEREAS, during the May 3, 2006, hearing, the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested zoning change; and, WHEREAS, at that same hearing the Commission reviewed related Vesting Tentative Tract Map No. 5914/UGM to subdivide the property into a 38-lot, single family residential subdivision and a single C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zoned parcel and Conditional Use Permit Application No. C-07-349 proposing to create a planned development which includes reduced lot sizes and setbacks for the proposed 38 single family parcels; and, WHEREAS, no neighbors spoke in either favor or opposition to the proposed project; 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 rezone application may have a significant effect on the environment as identified by the Finding of Planning Commission Resolution No. 12828 Rezone Application No. R-07-73 March 5, 2008 Page 3 Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated February 4, 2008, prepared for Environmental Assessment No. R-07-73/T-5914/C-07-349/UGM. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends to the City Council that the requested R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Managemeno and the C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zone districts be approved. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Cherry. VOTING: Ayes - DiBuduo, Cherry, Holt, Kissler, Torossian, Vang, Vasquez Noes - None Not Voting - None Absent - None DATED: March 5, 2008 KEITH BERGTHOLD, Secretary Fresno City Planning Commission Resolution No. 12828 Rezone Application No. R-07-73 Filed by Provost & Pritchard Engineering Group Inc., on behalf of the McCaffrey Group Action: Recommend Approval KAMaster Files-Tract Maps\Tract 5914 Israel Trejo R-07-73,C-07-349\Reso&Ordin\R-07-73 PC Reso 12828.doc FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12829 The Fresno City Planning Commission at its regular meeting on March 5, 2008, 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. 5914/UGM was_filed with the City of Fresno and proposes to subdivide a portion of the subject property into a 38-lot single family residential subdivision on approximately 5.11 acres, of a 9.49 acres site, located on the north side of West Herndon Avenue between North Hayes and West Spruce Avenues; and, WHEREAS, Vesting Tentative Tract Map No. 5914/UGM was filed with the City of Fresno and proposes to subdivide approximately 4.38, acres of the 9.49 acres site, into a single C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management)zoned parcel; and, WHEREAS, on January 14, 2008, the District 2 Plan Implementation Committee recommended approval of the vesting tentative tract map and related rezone and conditional use permit applications; and, WHEREAS, the Fresno City Planning Commission on March 5, 2008, reviewed the subject rezone application in accordance with the policies of the 2025 Fresno General Plan and the Bullard Community Plan; and, WHEREAS, during the March 5,2008, hearing,the Commission received a staff report and related information, environmental documents and considered testimony regarding the requested subdivision; and, WHEREAS, the Planning and Development Department staff recommended approval of the proposed project subject to the conditions of approval contained in the staff report dated March 5, 2008; and, WHEREAS, at that same hearing the Commission reviewed related Rezone Application No. R-07-73 proposing to reclassify approximately 5.11 acres of the subject property from the R-1/EA/UGM/CZ (Single Family Residential District/Expressway Area OverlayDistrict/Urban Growth Management/Conditions of Zoning) and the C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth Management) zone district to the R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Management)zone district and rezone the remaining 4.38 acres of the subject property from the AE-5/EA/UGM (Exclusive Five Acre Agricultural District/Expressway Area OverlayDistrict/Urban Growth Management) zone district to the C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management)zone district and Conditional Use Permit Application No. C-07-349 proposing to create a planned development which includes reduced lot sizes and setbacks for the proposed 38 single family parcels; and, WHEREAS, no neighbors spoke in either favor or opposition to the proposed project; 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 Planning Commission Resolution No. 12829 Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 2 Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated February 4, 2008, prepared for Environmental Assessment No. R-07-73/T-5914/C-07-349/UGM. BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of Vesting Tentative Tract Map No. 5914/UGM, is consistent with the adopted 2025 Fresno General Plan and Bullard Community Plan and the findings required pursuant to Section 66410 et. seq. of the California Government Code. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting Tentative Tract Map No. 5914/UGM, subject to the Planning and Development Department Conditions of Approval dated March 5, 2008, and the following modi'fica'tions and additions: 1. Condition No. 13 shall read: As indicated on "Exhibit A," dated January 25, 2008, for Vesting Tentative Tract Map No. 5914/UGM, provide landscaping, irrigation and pavement within the landscaped trail area along the southern property lines of lots 1-38 (adjacent to Herndon Avenue). T^Te satisfy the requiFemeRts fewthe biGYGIe/pedeE;tF'a, trail -A.,.- said area. The landscape setback shall be determined by the Expressway Area Overlay District standard. 2. During the time that lot 39 is undeveloped, Outlot A, proposed as a paseo, shall be connected to the Herndon Avenue landscape trail via a temporary AC paving or other approved surface. When lot 39 is developed, Outlot A shall have a permanent pedestrian connection to the proposed trail. 3. Continue the Herndon Avenue landscaped trail area, with construction of landscaping, irrigation and pavement, to North Hayes Avenue. The landscape setback shall be determined by the Expressway Area Overlay District standard. The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Cherry. VOTING: Ayes - DiBuduo, Cherry, Holt, Kissler, Torossian, Vang, Vasquez Noes - None Not Voting - None Absent - None DATED: March 5, 2008 KEITH BERGTHOLD, Secretary Fresno City Planning Commission Resolution No. 12829 Vesting Tentative Tract Map No. 5914 Filed by Provost & Pritchard Engineering Group Inc., on behalf of the McCaffrey Group Action: Approve FRESNO CITY PLANNING COMMISSION RESOLUTION NO. 12830 The Fresno City Planning Commission, at its regular meeting on March 5, 2008, adopted the following resolution relating to Conditional Use Permit Application No. C-07-349. CONDITIONAL USE REQUESTED: 38-lot single family residential planned development subdivision with reduced lot sizes and reduced building setbacks PROPERTY LOCATION: North side of West Herndon Avenue between North Hayes and West Spruce Avenues PROPERTY DESCRIPTION: Approximately 5.11 acres of a 9.49 acres site (APN: 503-020-51s) EXISTING/PROPOSED ZONING: R-1/EA/UGM/CZ (Single Family Residential District/ExpresswayArea OverlayDistrict/Urban Growth Management/Conditions of Zoning) and C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth Management)zone district to the R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Management) zone district WHEREAS, Conditional Use Permit Application No. C-07-349 has been filed with the City of Fresno by Provost& Pritchard Engineering Group Inc., on behalf of the McCaffrey Group,for approximately 5.11 acres of property located on the north side of West Herndon Avenue between North Hayes and West Spruce Avenues; and, WHEREAS, Conditional Use Permit Application No. C-07-349 seeks authorization for the development of a planned development which includes reduced lot sizes and setbacks,for 38 lots of Vesting Tentative Tract Map No. 5914/UGM; and, WHEREAS, on January 14, 2008, the District 2 Plan Implementation Committee recommended approval of the conditional use permit and related vesting tentative tract map and rezone applications; and, WHEREAS, on March 5, 2008, the Fresno City Planning Commission, reviewed the subject conditional use permit application in accordance with the policies of the 2025 Fresno General Plan and the Bullard Community Plan; and, WHEREAS, the Commission conducted a public hearing to review the proposed conditional use permit application, received testimony from the applicant and considered the Planning and Development Department's report recommending approval of the proposed conditional use permit application subject to special permit conditions; and, WHEREAS, at that same hearing the Commission reviewed related Rezone Application No. R-07-73 proposing to reclassify approximately 5.11 acres of the subject property from the R-1/EA/UGM/CZ (Single Family Residential District/ExpresswayArea OverlayDistrict/Urban Growth PLANNING COMMISSION RESOLUTION No. 12830 Conditional Use Permit Application No. C-07-349 March 5, 2008 Page 2 Management/Conditions of Zoning) and the C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth Management) zone district to the R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Management)zone district and rezone the remaining 4.38 acres of the subject property from the AE-5/EA/UGM (Exclusive Five Acre Agricultural District/ExpresswayArea OvedayDistrict/Urban Growth Management) zone district to the C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay DistricbUrban Growth Management) zone district and Vesting Tentative Tract Map No. 5914/UGM which proposes to subdivide the property into a 38-lot, single family subdivision and single C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management)zoned parcel ; and, WHEREAS,the Fresno City Planning Commission considered the proposed conditional use permit application relative to the staff report and environmental assessment issued for the project; and, WHEREAS, the Fresno City Planning Commission invited testimony with respect to the proposed conditional use permit application; and, WHEREAS, no neighbors spoke in either favor or opposition to the proposed project; 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 conditional use permit application may have a significant effect on the environment as identified by the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated February 4, 2008, prepared for Environmental Assessment No. R-07-73/T-5914/C-07-349/UGM. BE IT FURTHER RESOLVED, that the Fresno City Planning Commission, as a result of its inspections, investigations and studies made by itself and in its behalf, and of testimonies offered at said hearing, has established that approval of the special permit would be in accordance with applicable provisions of the Fresno Municipal Code, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. BE IT FURTHER RESOLVED that Conditional Use Permit Application No. C-07-349 is approved, subject to the following conditions, incorporated in said conditional use permit file: 1. Development shall take place in substantial conformance with Exhibits A, B, C, D, E-1, E-2 and F dated January 25, 2008 and the Conditions of Approval dated March 5, 2008. BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Conditional Use Permit Application No. C-07-349 authorizing the development of a planned development, which includes reduced lot sizes and setbacks, per Vesting Tentative Tract Map No. 5914/UGM. PLANNING COMMISSION RESOLUTION No. 12830 Conditional Use Permit Application No. C-07-349 March 5, 2008 Page 3 The foregoing Resolution was adopted by the Fresno City Planning Commission upon a motion by Commissioner DiBuduo, seconded by Commissioner Cherry. VOTING: Ayes - DiBuduo, Cherry, Holt, Kissler, Torossian, Vang, Vasquez Noes - None Not Voting - None Absent - None DATED: March 5, 2008 KEITH BERGTHOLD, Secretary Fresno City Planning Commission Resolution No. 12830 Conditional Use Permit Application No. C-07-349 Filed by Provost & Pritchard Engineering Group Inc., on behalf of the McCaffrey Group Action: Approve Recording Requested by: City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno Space above this line reserved for Fresno County Recorder's Once of FRES * ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY �T�oo<<_•1. MOVED BY Calhoun SECONDED BY Dages BILL NO. B-23 ORDINANCE NO. 2008-22 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-07-73 has been filed by the McCaffrey Group, property owner, with the City of Fresno to rezone property as described hereinbelow; and, WHEREAS, on January 14, 2008, the District 2 Plan Implementation Committee recommended approval of the rezone and related vesting tentative tract map and conditional use permit applications; and, WHEREAS, pursuant to the provisions of Article 4,Chapter 12,of the Fresno Municipal Code,the Planning Commission of the City of Fresno held a public hearing on the 51" day of March, 2008, to consider Rezone Application No. R-07-73 and related Environmental Assessment No. R-07-73/T-5914/C-07-349/UGM, during which the Commission recommended to the Council of the City of Fresno approval of the subject environmental assessment and rezone application amending the City's Zoning Ordinance on real property described hereinbelow from the R-1/EA/UGM/CZ(Single Family Residential District/ExpresswayArea Overlay DistricbUrban Growth Management/Conditions ofZoning), C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth e 31 aS ins � l as/nR a.00g- a� •~�—OF FRFs�r • D , e rdinance Amending Official Zone Map zone Application No. R-07-73 arch 25, 2008 Page 2 Management)and the AE-5/EA/UGM (Exclusive Five Acre Agricultural DistricbExpressway Area Overlay District/Urban Growth Management) zone districts to the R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Management) and the C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zone districts; and, WHEREAS, the Council of the City of Fresno, on the 25`h day of March, 2008, received the recommendation of the Planning Commission. NOW,THEREFORE,THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the adoption of the proposed rezoning is in the best interest of the City of Fresno. The Council finds in accordance with its own independent judgment that there is no substantial evidence in the record that the rezoning may have additional significant effects on the environment that were not identified in the 2025 Fresno General Plan Master Environmental Impact Report No. 10130 ("MEIR")and that no new or additional mitigation measures or alternatives maybe required. Pursuant to Public Resources Code,Section 21157.6(bX1),Council further finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Accordingly, Environmental Assessment No. R-07-73/T-5914/C-07-349UGM dated February 4, 2008,which is a Finding of Conformity with the MEIR is hereby approved. SECTION 2. The Council finds the requested R-2/EA/UGM/CZ (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth ManagemenUConditions of Zoning)and the C-P/EA/UGM/CZ(Administrative and Professional Office District/ExpresswayArea OverlayDistricUUrban Growth Management/Conditions of Zoning)zone districts are consistent with the existing medium density \may pf FRgs� 4 rdinance Amending Official Zone Map ezone Application No. R-07-73 D oo March 25, 2008 Page 3 residential and office commercial planned land use designations of the 2025 Fresno General Plan and the Bullard Community Plan, as specified in Section 12-403 of the Fresno Municipal Code. SECTION 3. The Council finds that the zone district of the real property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of the City of Fresno, is reclassified from the R-1/EA/UGM/CZ(Single Family Residential District/ExpresswayArea Overlay DistricbUrban Growth Management/Conditions of Zoning), C-1/EA/UGM (Neighborhood Shopping Center DistricUExpressway Area Overlay District/Urban Growth Management) and the AE-5/EA/UGM (Exclusive Five Acre Agricultural District/Expressway Area Overlay District/Urban Growth Management)zone districts to the R-2/EA/UGM/CZ (Low Density Multiple Family ResidentiaUExpressway Area Overlay District/Urban Growth Management/Conditions of Zoning)and the C-P/EA/UGM/CZ (Administrative and Professional Office DistricVExpressway Area OverlayDistrict/Urban Growth Management/Conditions of Zoning)zone districts: The land referred to herein is situated in the State of California, County of Fresno and is described as follows: From R-1/EA/UGM/CZ to R-2/EA/UGM/CZ: APN: 503-020-51s(portion) The South 120 feet of the East 60 feet of Section 33, T1 2S, Right 19 East, Mount Diablo Base and Meridian and also being a portion of the Remainder parcel of Tract Map No.4148, McCaffrey Community No. 2 as recorded in Volume 53 of Plats at pages 32-35, Fresno County Records EXCEPTING that portion within City of Fresno street right of way. From C-1/EA/UGM to R-2/EA/UGM/CZ: APN: 503-020-51s (portion) That portion of the Remainder parcel lying within Section 33, T1 2S, R1 9E, Mount Diablo Base and Meridian, as shown on Tract Map No 4148, McCaffrey Community No. 2, as recorded in Volume 53 of Plats at pages 32-35, FCR. Excepting the East 60 feet of said section 33 and also excepting that portion of land lying West of the East line of Lot 37 of said Tract 4148, and its southerly prolongation to the south line of said Section. C: • J v •Ordinance Amending Official Zone Map f 4ezone Application No. R-07-73 61arch 25, 2008 Page 4 From AE-5/EA/UGM to CP/EA/UGM/CZ: APN: 503-020-51s (portion) That portion of the Remainder parcel of Tract Map No. 4148, McCaffrey No. 2, as recorded in Volume 53 of Plats, at pages 32-35, FCR, lying West of the East line of Lot 37 of said Tract 4148 and it southerly prolongation to the South line of Section 33, Tract 12S, R 19 East, Mount Diablo Base and Meridian. EXCEPTING that portion within City of Fresno street right of way. SECTION 4. This ordinance shall be conditioned upon the record owner of the property described in Section 3 executing and causing to be recorded a covenant running with the land that will affect land development to guarantee that: 1. Recordation of an avigation easement concurrent with the approval of the final map for Vesting Tentative Tract Map No. 5914/UGM. The Avigation Easement and Agreement shall be required to: a. Ensure the ability to enforce FAR Part 77 limitations beyond the boundaries of the airport and within the Airport Review Area, limiting all structures and trees to the appropriate limit imposed by FAR and allow ongoing ingress and egress for the purpose of removing, marking or lighting objects, including trees,which may penetrate any surface as described under Part 77. b. That structures and uses shall not create dust, smoke, steam, distracting sources of light, electrical interface or attract birds. SECTION 4. This ordinance shall become effective and in full force and effect at 12:01 a.m.on the thirty-first day after its passage. \Sy Of rNFsti p O • � r n O � lry� CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO } CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, Califomia, at a regular meeting held on the 2Kth day of March , 2008, by the following vote: Ayes: Calhoun, Dages, Duncan, Perea, Sterling, Westerlund, Xiong Noes: None Absent: None Abstain: None REBECCA E. KLISCH City Clerk Ely 41 age I C.%"e%--- 6 2 APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By John Fox /Deputy City Attorney Date J 12 6 Se Rezone Application No. R-07-73 Filed by Provost & Pritchard Engineering Group Inc., on behalf of the McCaffrey Group Assessor's Parcel Nos. 503-020-51s K IMaster Files-200nTracl Maps T5914—MClty Council Ordinance&IM-07-73 City Council Ordinance Blll.doc "Y°' , REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. ` 4. rr1C-moi+1►� A COMMISSION MEETING 3/5/08 March 5, 2008 APPROVED BY FROM: STAFF, Planning Division / Planning and Development Department DEPARTMENT DIRECTOR SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-07-73, CONDITIONAL USE PERMIT APPLICATION NO. C-07-349, VESTING TENTATIVE TRACT MAP NO. 5914/UGM, AND ENVIRONMENTAL ASSESSMENT NO. R-07-73/T-5914/C-07-349/UGM EXECUTIVE SUMMARY Provost & Pritchard Engineering Group Inc., on behalf of the McCaffrey Group, has filed Rezone Application No. R-07-73, Conditional Use Permit Application No. C-07-349 and Vesting Tentative Tract Map No. 5914/UGM pertaining to approximately 9.49 acres of property located on the north side of West Herndon Avenue between North Hayes and West Spruce Avenues. The rezone application proposes to reclassify the subject property from the AE-5/EA/UGM (Exclusive Five Acre Agricultural District/Expressway Area Overlay DistricUUrban Growth Management), the R-1/EA/UGM/CZ (Single Family Residential DistricUExpressway Area Overlay District/Urban Growth Management/Conditions of Zoning) and the C-1/EA/UGM (Neighborhood Shopping Center DistricUExpressway Area Overlay DistricUUrban Growth Management) zone districts to the R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay DistricUUrban Growth Management) and the C-P/EA/UGM (Administrative and Professional Office DistricUExpressway Area Overlay DistricUUrban Growth Management)zone districts. Conditional Use Permit Application No. C-07-349 is a request to establish a Planned Development, which includes reduced lot sizes and setbacks, for a portion of Vesting Tentative Tract Map No. 5914/UGM, which is a proposal to subdivide approximately 5.11 acres of the subject property into a 38-lot, single family residential subdivision with a density of 7.83 units per acre. The remaining 4.38 acres of the subject property is proposed to be a single C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay DistricUUrban Growth Management) zoned parcel; no entitlement has been submitted for the development of the remaining 4.38 acres. The subject property is located within the 2025 Fresno General Plan, the Bullard Community Plan and the Sierra Sky Park Primary Review Area Policy Plan. The Sierra Sky Park Primary Review Area Policy Plan defers designated planned land uses to the underlying community and general plans. However, the Sierra Sky Park Primary Review Area Policy Plan regulates uses and restricts the height of structures within its plan area. The 2025 Fresno General Plan and the Bullard Community Plan designate the subject site for medium density residential (4.99 to 10.37 dwelling units per acre) and office commercial land uses. Thus, these applications are consistent with the with the 2025 Fresno General Plan and the Bullard Community Plan. PROJECT INFORMATION PROJECT A 38-lot, single family residential subdivision to be developed at a density of 7.83 dwelling units per acre. The remaining 4.38 acres of the subject property is proposed to be a single C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay DistricUUrban Growth Management) zoned parcel; no entitlement has been submitted for the development of the remaining 4.38 acres APPLICANT Provost & Pritchard Engineering Group Inc., on behalf of the McCaffrey Group REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-73 Conditional Use Permit Application No. C-07-349 Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 2 LOCATION North side of West Herndon Avenue between North Hayes and West Spruce Avenues (Council District 2, Councilmember Calhoun) SITE SIZE Approximately 9.49 acres LAND USE Existing - Vacant Proposed - Single family residential and one Administrative and Professional Office District zoned parcel ZONING Existing - AE-5/EA/UGM (Exclusive Five Acre Agricultural District/Expressway Area Overlay District/Urban Growth Management), R-1/EA/UGM/CZ (Single Family Residential District/Expressway Area Overlay District/Urban Growth Management/Conditions of Zoning) and C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth Management) Proposed- R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay DistricbUrban Growth Management) and C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) PLAN DESIGNATION The proposed R-2//EA/UGM and C-P/EA/UGM zone districts, 38-lot AND CONSISTENCY single family residential subdivision and single C-P/EA/UGM zoned parcel are consistent with the 2025 Fresno General Plan and Bullard Community Plan designation of the site for medium density residential and office commercial planned land uses ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR No. 10130) dated February 4, 2008 PLAN COMMITTEE The District 2 Plan Implementation Committee recommended approval, RECOMMENDATION by a vote of 6-1-2, of the proposed project at its meeting on January 14, 2008 STAFF Recommend approval of the rezone application to the City Council and RECOMMENDATION approve the vesting tentative tract map and conditional use permit application subject to compliance with the Conditions of Approval for T-5914/UGM and for C-07-349 dated March 5, 2008 REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-73 Conditional Use Permit Application No. C-07-349 Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 3 BORDERING PROPERTY INFORMATION Planned Land Existing Zoning Existing Land Use Use R-1/EA/U GM/CZ Medium Density Single Family Residential North Residential District/ExpresswayArea Overlay Single Family Residential District/Urban Growth Management/Conditions of Zoning Medium-High Density AE-5/UGM South Residential and Vacant Office Exclusive Five Acre Agricultural District Commercial C-1/EA/UGM East Neighborhood Neighborhood Shopping Center Commercial District/Expressway Area Overlay Vacant District/Urban Growth Management C-1/EA/UGM/CZ Neighborhood Neighborhood Shopping Center West Commercial District/Expressway Area Overlay Vacant DistricdUrban Growth Management/Conditions of Zoning ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Bullard Community Plan area including the Master Environmental Impact Report (MEIR No. 10130) for the 2025 Fresno General Plan. These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. The study indicates that the project, if approved, would conform to the land use designation and land use policies of the 2025 Fresno General Plan and is within the scope of the Master Environmental Impact Report No. 10130. Therefore, staff has issued a finding of conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130) dated February 4, 2008, which incorporates a MEIR Mitigation Monitoring Checklist. This environmental finding was properly published and noticed on February 4, 2008, with no comments received to date. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-73 Conditional Use Permit Application No. C-07-349 Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 4 BACKGROUND/ ANALYSIS Provost & Pritchard Engineering Group Inc., on behalf of the McCaffrey Group, has filed Rezone Application No. R-07-73, Conditional Use Permit Application No. C-07-349 and Vesting Tentative Tract Map No. 5914/UGM pertaining to approximately 9.49 acres of property located on the north side of West Herndon Avenue between North Hayes and West Spruce Avenues. The rezone application proposes to reclassify the subject property from the AE-5/EA/UGM (Exclusive Five Acre Agricultural District/Expressway Area Overlay District/Urban Growth Management), the R-1/EA/UGM/CZ (Single Family Residential District/Expressway Area Overlay District/Urban Growth ManagementlConditions of Zoning) and the C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth Management) zone districts to the R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Management) and the C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zone districts. Conditional Use Permit Application No. C-07-349 is a request to establish a Planned Development, which includes reduced lot sizes and setbacks, for a portion of Vesting Tentative Tract Map No. 5914/UGM, which is a proposal to subdivide approximately 5.11 acres of the subject property into a 38-lot, single family residential subdivision with a density of 7.83 units per acre. The remaining 4.38 acres of the subject property is proposed to be a single C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zoned parcel; no entitlement has been submitted for the development of the remaining 4.38 acres. The subject property is located within the 2025 Fresno General Plan, the Bullard Community Plan and the Sierra Sky Park Primary Review Area Policy Plan. The Sierra Sky Park Primary Review Area Policy Plan defers designated planned land uses to the underlying community and general plans. However, the Sierra Sky Park Primary Review Area Policy Plan regulates uses and restricts the height of structures within its plan area. The 2025 Fresno General Plan and the Bullard Community Plan designate the subject site for medium density residential (4.99 to 10.37 dwelling units per acre) and office commercial land uses. Conditional Use Permit Application (CUP) In addition to submitting a vesting tentative tract map and rezone application, the applicant has submitted CUP Application No. C-07-349. According to Section 12-306-N-21 of the FMC, a CUP is required in order to create planned developments. As part of the CUP, an applicant may request a modification of development standards, including lot size, setbacks and yard areas. The majority of the proposed lots range between 4,730 square feet to 5,972 square feet. Thus, the parcels are relatively smaller in comparison to single family residential lots found in conventional subdivisions. As a result, the applicant is also proposing reduced yards, which includes a 10 foot front yard setback, rather than 20 feet. Given that the applicant is proposing smaller parcels in comparison to a conventional subdivision, it helps implement several of the goals of the 2025 Fresno General Plan. One of these goals, Goal Number 5 of the 2025 Fresno General Plan states that the city supports the "Landscape of Choice- Principles and Strategies" as defined in Appendix A. Appendix A of the 2025 Fresno General Plan provides guiding principles for the Land Use Element of the 2025 Fresno General Plan by promoting development that utilizes urban land use as efficiently as possible. One such objective, Land Use/Residential Objective C-10, is aimed at "Promot[ing] the development of more compact, pedestrian friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and material." Since this project allows for the development of more compact single family residences, it REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-73 Conditional Use Permit Application No. C-07-349 Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 5 will help to accomplish this objective. Furthermore, the proposed subdivision will provide housing options for families that prefer to maintain a smaller parcel. Subdivision Design/Streets and Access Points Interior streets for the proposed subdivision have previously been constructed with the development of Tract 4148. Access to the subdivision will be off of West Spruce Avenue and North Hayes Avenue. The applicant is proposing an outlot which will be a paseo connection between the proposed (and existing) residential development and the proposed C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zoned parcel. Landscaping/Walls A bicycle and pedestrian trail abuts a portion of the subject property. The applicant is proposing to provide a landscaping, irrigation and pavement within the landscaped trail area along the rear property lines of residential lots which back-onto West Herndon Avenue. As noted above, the applicant is proposing an outlot which will be a paseo connection between the proposed (and existing) residential development and the proposed C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zoned parcel. As per the acoustical analysis prepared by Brown-Buntin Associates dated December 11, 2007, a 10-foot high sound mitigation wall is recommended along Herndon Avenue west of the Veterans Boulevard junction (lots 1-28) and a 13 foot high sound wall east of the junction (lots 29-38). The construction of the wall is required per the conditions Conditions of Approval for T-5914/UGM dated March 5, 2008. Lot Area and Dimensions Lots within planned developments may have modified lot widths, depths and areas. The proposed lots are between 40 to 45 feet in width and a minimum 115 feet in depth. The applicant is proposing a planned development for the subdivision which allows for modified development standards. The applicant is proposing 18 foot driveways and 10 foot front yards, rather than the conventional 20 feet. Community Plan Citizen Committees The District 2 Plan Implementation Committee recommended approval, by a vote of 6-1-2, of the proposed project at its meeting on January 14, 2008. Fresno County Airport Land Use Commission The Fresno County Airport Land Use Commission will review the rezone application on March 3, 2008, to determine whether it is consistent with the Adopted Sierra Sky Park Airport Policy Land Use Plan. Per the staff report prepared by the County of Fresno, County staff believes that the rezone application is consistent with the adopted Airport Land Use Policy Plan standards related to noise, airspace protection, safety and avigation easement and agreement. County staff recommends that an avigation easement and agreement shall be required to: (1) ensure the ability to enforce Far Part 77 limitations beyond the boundaries of the airport and within the Airport Review Area, limiting all structures and trees to the appropriate limit imposed by FAR and allow ongoing ingress and egress for the purpose of removing, marking or lighting objects, including trees, which may penetrate any surface as described under Part 77 REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-73 Conditional Use Permit Application No. C-07-349 Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 6 and (2) that structures and uses shall not create dust, smoke, steam, distracting sources of light, electrical interference or attract birds. The avigation easement and agreement has been made a condition of approval of Vesting Tentative Tract Map No. 5914/UGM. Public Services The Water Division of the Public Utilities Department has determined that there is an adequate source of water available to serve the project with the implementation of the service delivery requirements and the environmental impact mitigation measures. It should also be noted that within portions of the metropolitan area adverse groundwater conditions of limited supply and compromised quality have been well-documented by planning, environmental impact report, and technical studies over the past 20 years including the Master Environmental Impact Report No. 10130 for the 2025 Fresno General Plan, Final EIR No.10100, Final EIR No.10117, Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan) et al. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi-urban development occurring upgradient from the Fresno Metropolitan Area. As a result, if approved, the proposed project would be required to contribute to short-term and long-range water supply and distribution remediation projects in order to adequately address this deficiency. The Cities of Fresno and Clovis share jointly in the treatment capacity of the Fresno-Clovis Regional Wastewater Treatment and Reclamation Facility. In 1998, the treatment capacity was expanded to accommodate up to 80 million gallons per day, and was upgraded with modernized equipment to safeguard against equipment failures. However, in an attempt to serve the anticipated 790,000 metropolitan area population for the year 2025, one or more sub-regional treatment and reclamation facilities will be required. However, sanitary sewer service is available to serve the site, subject to the mitigation measures imposed with the environmental assessment, and any necessary sewer main extensions and connections. The City of Fresno Fire Department has submitted comments indicating the proposed project is located within two miles Fire Station No. 14. Circulation Element Plan Policies and Major Street System Traffic Capacity The development of the project site with the proposed 38 single-family residences, and the surrounding planned land uses designated by the 2025 Fresno General Plan and Bullard Community Plan, will be required to complete the planned major street network in accordance with applicable development policies and standards. As part of their review, the Traffic Division required the applicant to make improvements to North Hayes Avenue and West Herndon Avenue. A concrete median island with dual left turn lanes at Hayes and Herndon Avenues is required within the limits of the subdivision. The proposed project, as well as other urban land uses developed as planned by the 2025 Fresno General Plan will be required to construct the planned major street system consistent with the public facility and service delivery requirements of the UGM Program. In addition, the developer of this project, in accordance with the mitigation measures of Master Environmental Impact Report (No. 10130) which was certified by the Council with the adoption of the 2025 Fresno General Plan, will be required to pay impact fees specific to the traffic signalization of the major street intersections. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-73 Conditional Use Permit Application No. C-07-349 Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 7 State Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the rezone, conditional use permit and vesting tentative tract map applications. Caltrans comments and recommendations are included within the attached memorandum dated December 24, 2007. The letter asserts that the project should pay a state facility impact fee and that the project's proportional fair share to mitigate for project-related impacts to the State Highway System will be calculated based upon the "City Formula" attached to the "Interim Agreement for the Identification of Measures to Mitigate Impacts to the State Highway System Resulting from City Approved Projects." This impact fee is based upon the traffic impact study prepared for a similar and nearby project. Caltrans has recommended that the proposed development contribute its total proportional fair share of $2,922.14 to mitigate for impacts to the State Route 99 interchange at Herndon Avenue. The City of Fresno has entered into an interim agreement with Caltrans, as of February 23, 2006, for the identification of measures to mitigate impacts to the state highway system and to impose a mitigation fee as contemplated by the agreement. A project condition has been identified consistent with the interim agreement. Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No. C-07-349 proposes the development of a 38-unit single family residential planned development. The project will provide a bicycle and pedestrian trail, paseo, reduced lot sizes and reduced setbacks. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted below, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code can be made. 1. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features; and, Conditional Use Permit Application No. C-07-349 will comply with all applicable codes, including, landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. 2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, The Public Works, Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic and the surrounding community. 3. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of the FMC. The proposed use, a residential development, will not have a negative impact on either the subject site, or neighboring properties given that the conditions of approval will ensure that the developer meets the minimum standards. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-73 Conditional Use Permit Application No. C-07-349 Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 8 Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§ 66400, et seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan, Bullard Community Plan and the Sierra Sky Park Primary Review Area Policy Plan, because the plans designate the site for medium density residential and office commercial planned land use and the project design meets the density and zoning ordinance criteria for development in these plan designations. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. Furthermore, the applicant will be required to improve adjacent public streets. 3. The proposed subdivision design and improvement is not likely to cause substantial and " considerable damage to the natural environment, including fish, wildlife or their habitat, because of the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the 2025 Fresno General Plan and Bullard Community Plan, complies with applicable zoning, subdivision, and UGM requirements. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Planning Commission action of the proposed Vesting Tentative tract map, unless appealed to the Council, is final. REPORT TO THE PLANNING COMMISSION Rezone Applical:ion No. R-07-73 Conditional Use Permit Application No. C-07-349 Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 9 CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Vesting Tentative Tract Map No. 5914/UGM is appropriate for the project site, subject to the conditions listed below. Therefore, staff recommends that the Planning Commission: 1. RECOMMEND APPROVAL to the City Council of the environmental finding for Environmental Assessment No. R-07-73/T-5914/C-07-349/UGM dated February 4, 2008 that the project proposal conforms to the provisions of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130). 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-07-73 to rezone approximately 5.11 acres of the subject property from the R-1/EA/UGM/CZ (Single Family Residential District/Expressway Area Overlay District/Urban Growth Management/Conditions of Zoning) and the C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth Management) zone district and rezone the remaining 4.38 acres from the AE-5/EA/UGM (Exclusive Five Acre Agricultural District/Expressway Area Overlay District/Urban Growth Management) to the C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zone district. 3. APPROVE Conditional Use Permit Application No. C-07-349 subject to compliance with Conditions of Approval dated March 5, 2008 4. APPROVE Vesting Tentative Tract Map No. 5914/UGM subject to compliance with the Conditions of Approval dated March 5, 2008. Attachments: Vicinity Map Exhibit A, 2005 Aerial Photograph of Site Exhibit B, Proposed Vesting Tentative Tract Map No. 5914 dated January 25, 2008 Exhibit C, Proposed site plan for Conditional Use Permit Application No. C-07-349 dated January 25, 2008 Exhibit D, Proposed building elevations and floor plans Exhibit E, Letter from Caltrans dated December 24, 2007 Conditions of Approval for T-5914/UGM dated March 5, 2008 Conditions of Approval for CUP Application No. C-07-349 dated March 5, 2008 Comments and Requirements from Responsible Agencies Environmental Assessment No. R-07-73/T-5914/C-07-349 dated February 4, 2008 KAMaster Files-Tract Maps\'5900 to 5999\Tmct 5914 Israel Trejo(R-07-73.C-07-349)\I'C Report 3-5-08.doc MMMMMMMMMMM can ■ill i■ ii ■C111111111■ �i r.�� �� ■�. �i�r ���1t/mil■t ■■■■■; ii= ■1■■■■■�■■11111■��■�■■■■■■■��' +�: ■1/bll■■ INN gloom 1117 ri.-3sii:.■��1■11■■■■■■■■■■; i� ■■/�1■■;=■■� � i��11■1 son ii yaaaer_.,�■_, •moi, i, ��C� \��r ■IIIIII�GiJ1111111� ■■ 11�■fir■: I ►i;�r � ��GIII■ ■11111111111111 �� ��%'I -�:.�11■■1■�ii�ii■■1■�1■■� �� �■■�■■•� IIIc i� j ■- ��"■■�- ■■■■■■■■� ��' I■■■■■■■■■■■■■�� �� ■. .=, ��.l:V'Ni�1L• • == :1�7N:U7A1.1_\I/ n '' mmmmmmm MM 1111001111 1111111111011 /' - •� aza zj�,,�1,12111 ,. �,,,z,,,�AI ill ��111�"111l111� OPI '���� ��/t■11■■. ��' t■ll!!■■■ NINON �.�` ��I■. ■■■■■■sommillso■ X11■ �■��■��►R ice.:�. ♦��AOIMPOSE �,�� .•. �.■��■.. N Iloilo 0 soon DEVELOPMENT VESTING TENTATIVE MAP OF TRACT NO. 5914/UGM DEPARTMENT REZONE APPLICATION NO. R-07-073 A.P.N.: 503-020-51S From AE-5,R-1/EA/UGM and C-1/EAJUGM to R-2/UGM(Lots 140)and C-P/UGM • . CONDITIONAL USE PERMIT NO. C-07-349 North •- of •• Ave. •-twn., N. Spruce and N. Hayes Aves. i 12-06-07 Exhibit "A" Aerial Photograph Y ."� ,s^.e.`.• .x, .� � IAF A �f,,, f ; 1 J �.- � � � L_:. �G;, ��� �• _ � ?�1 a-. � ��� H � � Sr,-- :��. .- ;. , +• �1 `�� it +< ,�ti4 r+ F}r -1�� k f -' '�� '�� � �'/- -'rat � -p:.L•!t. aF. t� -� �. [F ,+y� �y4' 1� ,� - i �#F. -� `k' � � 4 r .r � 1 Y • WWI ��.ir.i. _ - �:`• 'ie. p'.� �� �' `F I��1��N. ��{, _ - �t !' S - •.� lk IN CRT L V, [� f '' 4: e1r- L 'rtl� .ry�- s� �1{L- `� -YY F` +: ' �- X.•�i �1 '�: {f r' •� SRI . µ'r- ,r NT. 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Job N:05FO7021 0 2007 BSB Design r-- r Z s a � 2e IL 3 � 111 0 F ' ~ A :02 En jjjff�I O v r, SE 6 5 B 3 P � m _ O - O -i a m m Mccaaa ff'ey ,JWP V Plan Three GROUP BSB _ "'°" 42'x 73' Front Load 10/22/07 Parkside Villa(1,400 to 1,900 s.f.) Job 9:05F07021 m 2007 BSB Design r T s o ° m o LEI E:1 m o FT-1 ; m � i E lit d > n I � m i r Ell ojj s g E3 0 "e D _T � - G d ® a SIN r s�. ® ° �I7 ® - W ® _ 2 9 3€€€ 9 J 1 ■ ril M/CQ�r 60 Plan Four caoue T 1 Cairsr bo�nr m.f°"�'ralwa BSB DESIGN 42'X 73' Front 10/22/07 Parkside Villa(1,400 to 1,900 s.f.) Job N:05FO7021 0 2007 BSB Design J d Ell 7 F < .ar ED IS � T D m OO O a 0 ED o s m i 7 g T T JJ aw � J o FIT ® ® O ® ® E3 ED O y ® EDtiCL } I 0 r.. d � - ® — 4 m ... 1 a � a r -� � T.e McCafrey �I1L ** Plan Four X GROUP �'=�� �, Cmwr bwnr m fandfj ot!a BSB x 73' Front Load --� 10/22/07 Parkside Villa (1,400 to 1,900 s.f.) Job#:05F07021 0 2007 BSB Design m � d m O N m fi A T T < - , ? i T N d iD F - d_ O 3 _ � j - O 3 I m _ - LEE] O Fp 0 r. ' FFR 6i3 ..c McCa�`Mey Plan Five GROUP 1'_11 C—,b—mfF,mg BSB °`S"" 42'x 73' Front Load 10/i2/07 Parkside Villa(1,400 to 1,900 s.f.) Job#:05F07021 ®2007 BSB Design Exhibit " E" Letter from Caltrans 1L/ STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE d P.O. BOX 12616 FRESNO,CA 93778-2616 PHONE (559)488-4347 r1 r Flex our ower! FAX (559)488-4088 Y P TTY (559)488-4066 Be energy efficient! December 24, 2007 , '+ 0 2 2*7`3,7 Planning Division 213 1-IGR/CEQA Planning 81. Development Dept 6-FRE -99-30.4+/- CITY OF FREStJO C-07-349, R-07-073, & T-5914 MCCAFFREY SUBDIVISION Mr. Israel Trejo City of Fresno Development Department 2600 Fresno Street, Room 3043 Fresno, CA 93721 Dear Mr. Trejo: Caltrans has reviewed the use permit, rezone, and map for the 40-unit single-family residential development to be located on the north side of West Herndon Avenue, between North Hayes and North Sierra Avenues. Caltrans has the following comments. The project will generate less than the 100 peak-hour trips the City uses as a threshold to require a traffic analysis. Therefore, we have used a Traffic Impact Study from a similar, nearby development to calculate this project's fair share to mitigate for impacts to the State Highway System. Caltrans and the City of Fresno have entered into an "Interim Agreement" that provides guidance on calculating fair share for development to mitigate for its impacts to State facilities. Per that agreement, we have used the "City Formula" to calculate the fair share for this project. Caltrans calculates this project's fair share to mitigate for cumulatively significant impacts to the SR 99 interchange at Herndon to be $2,922.14 (see enclosed spreadsheet). If you have any questions, please call me at (559) 488-4347. Sincerely, O JOANNE STRIEBICH Office of Transportation Planning District 06 Enclosure C: Mr. Scott Mozier, City of Fresno Public Works Department Mr. Bryan Jones, City of Fresno Public Works Department Ms. Barbara Goodwin, Council of Fresno County Governments "Caltrans improves mobility across California" CITY FORMULA; P=(P1/F1')''COST OF IMPROVEMENT SR 99/HERNDON AVENUE,SOUTHBOUND OFF-RAMP INTERSECTION Add Signal and Turn Lane P= (P1/F1)= 0.004710 x COST OF IMPROVEMENT= $2,119.31 DATA P= FAIR SHARE PERCENTAGE P1 = THE HIGHER OF THE AM OR PM PEAK HOUR PROJECT TRIPS 9 F1 = TOTAL 2025 CORRESPONDING FUTURE PEAK HOUR TRAFFIC 1911 COST OF IDENTIFIED IMPROVEMENTS, BASED ON PAST CALTRANS PROJECTS $450,000 SR 99/HERNDON AVENUE, NORTHBOUND OFF-RAMP INTERSECTION Add Signal and Turn Lane P= (P1/F1)= 0.003211 x COST OF IMPROVEMENT DATA P= FAIR SHARE PERCENTAGE P1 = THE HIGHER OF THE AM OR PM PEAK HOUR PROJECT TRIPS 5 F1 = TOTAL 2025 CORRESPONDING FUTURE PEAK HOUR TRAFFIC 1,557 COST OF IDENTIFIED IMPROVEMENTS;BASED ON PAST CALTRANS PROJECTS $250,000 DATA P= FAIR SHARE PERCENTAGE P1 = THE HIGHER OF THE AM OR PM PEAK HOUR PROJECT TRIPS 1 F1 = TOTAL 2025 CORRESPONDING FUTURE PEAK HOUR TRAFFIC 2,552 COST OF IDENTIFIED IMPROVEMENTS, BASED ON PAST CALTRANS PROJECTS $1,130,000 TOTAL MITIGATION COSTS= $2,922.14 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MARCH 5,2008 VESTING TENTATIVE TRACT MAP No. 5914/UGM NORTH SIDE OF WEST HERNDON AVENUE, BETWEEN NORTH HAYES AND WEST SPRUCE AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5914/UGM, a Planned Development entitled "Exhibit A," dated January 25, 2008, the subdivider may prepare a Final Map in accordance with the approved tentative map, and related Rezone Application No. R-07-73 and Conditional Use Permit Application No. C-07-349 which establishes a planned development for the subject property. 2. The proposed C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) zoned parcel has not been approved for development. An additional entitlement, i.e. site plan or conditional use permit, is required for development. 3. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 4. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 2 engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 5. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 6. 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. 7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 8. The developer/owner shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 9. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 10. 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. 11. Relinquish access rights to the streets and/or easements along the south property lines of lots 1-39. 12. Comply with the requirements of the Fresno County Airport Land Use Commission, including the requirement of an avigation easement and agreement. Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 3 Landscaping and Walls 13. As indicated on "Exhibit A," dated January 25, 2008, for Vesting Tentative Tract Map No. 5914/UGM, provide landscaping, irrigation and pavement within the landscaped trail area along the southern property lines of lots 1-38. To satisfy the requirements for the bicycle/pedestrian trail and expressway area standards, a 33 foot landscape and pedestrian easement is required along said area. 14. Outlot A shall be developed as a paseo constructed with landscaping (and irrigation system) and lighting. Development plans shall be submitted to the Public Works Department. The development and maintenance of said outlot shall be as described in the letter from the Department of Public Works dated December 17, 2007. 15. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope then the required minimum easement width shall be expanded to include the full landscaped area up to the wall location. 16. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities District. Contact the Public Works Department, Engineering Services Division, at (559) 621-8695 for information regarding the City's District. The property owners may petition the City for annexation to the City's District prior to final map approval. 17. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 18. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/developer shall create a homeowner's association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 4 19. Improvement plans for all required landscaping and irrigation systems shall be submitted to the Planning and Development Department for review prior to Final Map approval. 20. The proposed project shall comply with the Conclusions and Recommendations as stated in the acoustical analysis prepared by Brown-Buntin Associates, Inc, dated December 11, 2007. A 10-foot high sound mitigation wall shall be constructed along Herndon Avenue west of the Veterans Boulevard Junction (lots 1-28) and a 13 foot high sound wall east of the junction (lots 29-38). It is noted that the study did not address the approval of two story homes, as such, if second floor homes are proposed, plans shall be reviewed by an acoustical consultant, prior to construction, to assure that interior noise levels satisfy City requirements. 21. The sound mitigation wall required per the Brown-Buntin Associates, Inc, study dated December 11, 2007, shall be constructed in accordance with the Express Area Overlay District per section 12-244 of the Fresno Municipal Code. Lot Dimensions 22. Lot dimensions shall match those depicted on "Exhibit A," dated January 25, 2008, for Vesting Tentative Tract Map No. 5914/UGM. Building Setbacks 23. Building setbacks shall be in accordance with the R-2HEA/UGM zone district and as follows: Front yard: Front yard setbacks shall be a minimum of 10-feet from property line to habitable living area and 18-feet to a garage. Interior Side yard: Interior side yard setbacks shall be a minimum five feet. Rear yard: Provide the minimum rear yard setback in accordance with the Express Area Overlay District per section 12-244 of the Fresno Municipal Code. Information 24. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Central Unified School District in accordance with the school district's adopted schedule of fees. 25. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. 26. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 5 27. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the FMC. 28. Vesting Tentative Tract Map No. T-5914/UGM is subject to City Council approval of Rezone Application No. R-07-73. 29. Conditional Use Permit Application No. C-07-349, filed to establish a 38-lot, planned development for the subject site shall be approved prior to final map approval. 30. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 31. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 32. 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. 33. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a. A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b. A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 6 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. 34. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Quality Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 35. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste Manager (see below-noted conditions). STREET NAMES 36. Comply with the street name review memorandum dated December 14, 2007. PARK SERVICE 37. Comply with the memorandums from the Public Works Department both dated December 17, 2007. 38. Pay appropriate park facilities fee and/or dedicate lands for park and recreation purposes pursuant to Ordinance No. 2007-70 and 2005-113 adopted by the Fresno City Council on September 27, 2005. FIRE SERVICE 39. Comply with the memorandum from the Fire Department dated December 7, 2007. SOLID WASTE SERVICE 40. The owners, lessees or other tenants of the residential dwellings on service day, before 6:00 a.m., shall place their solid waste containers at the edge of the curb approximately four feet apart and shall not block any vehicle accesses in accordance with the City of Fresno's Solid Waste Management Division Standards. 41. Per Section 9-405 of the FMC, Solid Waste Disposal Regulations, no solid waste container or residential rubbish shall be allowed to remain at the curb line after 8:00 p.m. on the collection day. Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 7 42. Property owners will receive three containers to be used as follows: one gray container for solid waste, one green container for green waste, and one blue container for recyclable material. 43. Comply with the memorandum from the Solid Waste Division dated January 3, 2008. STREETS AND RIGHTS-OF-WAY 44. 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. 45. 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. 46. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Pubic Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; and, c. Landscape and irrigation plans (median island and street trees within all parkways). 47. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011 and Resolution No. 78-522, 88-229. 48. The subdivider shall construct an underground street lighting system per Public Works Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards for collector and local streets. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modificall:ion thereto approved by the City Traffic Engineer prior to Final Map approval. Upon completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 8 49. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the Engineer. 50. 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. 51. Comply with the memorandum from the Public Works Department, Engineering Division dated February 12, 2008. SANITARY SEWER SERVICE 52. The subdivider shall comply with the requirements and conditions mentioned within the approved "Subdivision Agreement" for Tract No. 4148, Phase 1 of Tentative Tract No. 4148 dated October 22, 1991. 53. Abandon and demolish all on-site sanitary sewer facilities. 54. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 55. All underground street utilities shall be installed prior to permanent street paving. 56. All public sewer facilities shall be constructed in accordance with Department of Public Works standards, specifications, and policies. 57. Engineered improvement plans prepared to City Standards by a Registered Civil Engineer are required for proposed additions to the sanitary sewer system. 58. Comply with the memorandum from the Public Utilities Pepartment dated December 10, 2007. (S(( rcul 5 )'L- vc' /`1«L`1 f zoo( Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: Sewer Lateral Charge Oversize Sewer Area: 19 Trunk Sewer Service Charge: Grantland Wastewater Facilities Charge (Residential Only) Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 9 WATER REQUIREMENTS General Conditions 59. Separate water services with meter boxes shall be provided to each lot created. 60. Public water facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 61. Seal and abandon existing on-site well in compliance with per the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of, Fresno standards. 62. Comply with the Department of Public Utilities, Water Division memorandum dated December 14, 2007. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 63. The developer 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 vesting tentative tract maps. 64. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 65. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 66. 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. 67. 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. 68. 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 Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 10 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. 69. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. FLOOD CONTROL AND DRAINAGE 70. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. Comply with their memorandum dated January 3, 2008. 71. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards within seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 72. Contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for their requirements. CENTRAL UNIFIED SCHOOL DISTRICT 73. The developer/owner shall contact the Central Unified School District for their requirements. PACIFIC GAS AND ELECTRIC COMPANY 74. The developer/owner shall comply with the requirements in the letter from the Pacific Gas and Electric (PG&E) Company dated December 17, 2007. COUNTY OF FRESNO 75. Comply with the letter, from the County of Fresno, Department of Community Health, dated December 17, 2007. Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 11 CALTRANS 76. Comply with the letter from Caltrans dated December 24, 2007. FRESNO IRRIGATION DISTRICT (FID) 77. Comply with the letter from the Fresno Irrigation District dated December 10, 2007. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge► $0.10/sq. ft. (to 100' depth) c. Oversize Charge► $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charger $419/living unit Service Area: Grantland e. Wastewater Facilities Charge4 $2,119/living unit f. House Branch Sewer Charger N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. h. Frontage Charge* $6.50/lineal foot i. Transmission Grid Main Charge► $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt Service Charge► $243/gross acre (parcels 5 gross acres or more) k. UGM Water Supply Feer $407/living unit Service Area: 201s I. Well Head Treatment Feer $0/living unit Service Area: 201 Conditions of Approval Vesting Tentative Tract Map No. 5914/UGM March 5, 2008 Page 12 m. Recharge Feer $0/living unit Service Area: 201 In. 1994 Bond Debt Service* $0/living unit Service Area: 201 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee - Citywide♦ $539/living unit p. Park Facility Impact Fee - Citywide♦ $2278/living unit q. Quimby Parkland Dedication Feer $1120/living unit r. Citywide Regional Street FeeA $8,361/adj. acre s. New Growth Area Major Street Fees. $18,790/adj. acre t. Police Facilities Impact Fee - Citywide♦ $624/living unit u. Traffic Signal Charge* $440.03/living unit r Due at Final Map. * Due at Building Permit. ♦ Due at Certificate of Occupancy. * Deferrable through Fee Deferral Covenant. KAMaster Files-Tract Maps\Tract 5914 Israel Trejo(R-07.73,C-07-349)\COA-T-5914 March 5 2008.doc CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL MARCH 5, 2008 CONDITIONAL USE PERMIT APPLICATION NO. C-07-349 PART A - PROJECT INFORMATION 1. Assessor's Parcel No: 503-020-51 s 2. Job Address: Vesting Tentative Tract Map No. T-5914/UGM and Rezone Application No. R-07-73 3. Street Location: North side of West Herndon Avenue between North Hayes and West Spruce Avenues 4. Proposed Zoning: R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Managemeno and C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management) per Rezone Application No. R-07-73 5. Planned Land Use: Medium density residential and office commercial 6. Plan Areas: Bullard Community Plan 7. Project Description: Conditional Use Permit Application C-07-349 proposes a planned development, which includes reduced lot sizes and setbacks, for Vesting Tentative Tract Map No. 5914/UGM on 5.11 acres of the subject property. A single C-P/EA/UGM zoned parcel is proposed for the remaining 4.38 acres; no entitlement has been submitted for the development of the remaining 4.38 acres PART B - GENERAL CONDITIONS AND REQUIREMENTS The Planning Commission on March 5, 2008, approved the special permit application subject to the enclosed list of conditions and Exhibits A, B, C, D, E-1, E-2 and F dated January 25, 2008. An environmental assessment/initial study was conducted and resulted in a Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR No. 10130), dated February 4, 2008. Conditions of Project Approval Conditional Use Permit Application No. C-07-349 March 5, 2008 Page 2 IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval are listed in the last section of this list of conditions under the heading "Part F - Miscellaneous" and may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code (FMC) Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Director within 15 days. In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval, you may do so by tiling a written appeal with the Director. The appeal shall include a statement of your interest in or relationship to the subject property,the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Your appeal must be filed by March 20, 2008. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or 'the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. Conditions of Project Approval Conditional Use Permit Application No. C-07-349 March 5, 2008 Page 3 No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on all original site plan exhibits to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by March 5, 2012, (four years from the date of Planning Commission approval). There is no exception. To complete the back-check process for building permit relative to planning and zoning issues, submit eight copies of this corrected,final site plan,together with six copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division, Current Planning Section, for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of same in each of the four sets of construction plans submitted for plan check priorto issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please call for an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. Contact Robert Lewis at(559)621-8055 or via e-mail at Robert.lewis@fresno.gov to schedule an appointment. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1),the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Conditions of Project Approval Conditional Use Permit Application No. C-07-349 March 5, 2008 Page 4 Questions relating to dedications, street improvements or off-street parking lot geometrics may be directed to Greg Jenness at(559) 621-8812 of the Public Works Department, Engineering Division. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit "A" is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights of way. b) Provide a minimum 4 foot wide path of travel along the public sidewalk on all frontages of the property as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements can not be met within the existing public rights of way. c) Deed documents for the required property dedications shall be prepared by the applicant's engineer and submitted to the Public works Department, Engineering Division, Special Districts / Projects and Right-of -Way Section with verification of ownership prior to issuance of building permits. Deed documents must conform to the format specified by the city. Document format specifications may be obtained from the Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, or by calling (559) 621-8694. d) The construction of any overhead, surface or sub-surface and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the Public Works Department, Engineering Division, Special Districts/Projects and Rights-of- Way Section. Encroachment permits must be approvedrip or to the issuance of building permits. Please call (559) 621-8693 for additional information. STREET IMPROVEMENTS All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division, prior to commencement of the work. All required street improvements must be completed and accepted by the City prior to occupancy. For additional information you may call (559) 621-8686. e) Repair all damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division. For additional information you may call (559) 621-5500. f) Install sidewalk and concrete approaches to City Standard Specifications within all street frontages. g) Install streetlights along all street frontages in accordance with City Standards. Plans must be prepared by a registered Civil Engineer and must be approved by the Public Works Department Engineering Division prior to installation. Conditions of Project Approval Conditional Use Permit Application No. C-07-349 March 5, 2008 Page 5 h) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. For additional information you may call (559) 621-8682. SURVEY MONUMENTS AND PARCEL CONFIGURATION i) Existing survey monuments shall be preserved and if disturbed, shall be reset by a person licensed to practice land surveying in the State of California. PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) 2025 Fresno General Plan ii) Bullard Community Plan iii) Sierra Sky Park Primary Review Area Policy Plan iv) Planned Development (Section 12-306-N-21 of the FMC) v) Medium density residential and office commercial planned land uses 2) ZONING a) Development is proposed in accordance with the proposed R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area OverlayDistricbUrban Growth Management) zone district. Approval of the CUP is contingent upon approval of Rezone Application No. R-07-73 and Vesting Tentative Tract Map No. 5914/UGM. 3) POPULATION DENSITY (Residential Protects) a) Contingent upon approval of Rezone Application No. R-07-73, the subject property shall not be developed with more than 10.37 dwelling units per acre, which shall be calculated for Vesting Tract Map No. 5914/UGM. 4) BUILDING HEIGHT a) The proposed project shall comply with the Conclusions and Recommendations as stated in the acoustical analysis prepared by Brown-Buntin Associates, Inc, dated December 11, 2007. The study did not approve the construction of two story homes, as such,second story houses are not approved as per this project. b) In order to construct two story houses, an acoustical consultant and study shall be obtained to assure that interior noise levels satisfy City requirements. In addition to meeting the 2025 Fresno General Plan requirements related to noise, proposed building or structure height shall meet the requirements of Section 12-212.5-D of the FMC. Conditions of Project Approval Conditional Use Permit Application No. C-07-349 March 5, 2008 Page 6 5) BUILDING SETBACK, OPEN SPACES AND LANDSCAPING a) Building setbacks shall be in accordance with the R-2/EA/UGM zone district and as follows: Front yard: Front yard setbacks shall be a minimum of 10-feet from property line to habitable living area and 18 feet to a garage. Interior Side yard: Interior side yard setbacks will be a minimum of five feet. Rear yard: Provide the minimum rear yard setback in accordance with the Express Area Overlay District per section 12-244 of the Fresno Municipal Code. b) The number of trees will be determined by the following formula: Section 12-306-N-24-G-3 of the FMC requires one medium sized tree (30 — 60 feet at maturity) for each parking space, plus one medium sized tree for each residential unit. Two small trees (15-30 feet at maturity) shall be counted as one medium-sized tree. c) Outlot A shall be developed as a paseo constructed with landscaping(and irrigation system) and lighting. Development plans shall be submitted to the Public Works Department. The maintenance of said outlot shall be as described in the letter from the Department of Public Works dated December 17, 2007. 6) FENCES, HEDGES, AND WALLS a) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind,vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard,which may occur as a result of improper fence installation or damage to the fence. b) Walls shall be constructed pursuant to the Conditions of Approval of Vesting Tentative Tract Map No. 5914/UGM. c) Pursuant to section 12-306-H.2.b.1 of the FMC, a six foot high wall shall be erected along the property line which is a district boundary line with an abutting residential district. As such, a six foot high wall is required on the west and north property line of proposed lot 1 and along the east property line of proposed lot 38. 7) BUILDING ELEVATIONS a) All houses in the subject planned development shall be in compliance with elevations shown in Exhibits B, C, D, E-1, E-2 and F dated January 25, 2008, unless noted below. b) Mechanical equipment may not be visible from the public right-of-way. Thus, all air conditioning units must be placed on the ground outside of required side yards. They may be located in the rear yards. Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. Conditions of Project Approval Conditional Use Permit Application No. C-07-349 March 5, 2008 Page 7 c) Pursuant to Policy numbers C-20-f, C-21-a, C-21-b and C-21-c of the 2025 Fresno General Plan, all proposed buildings shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless"blank"walls. As such,add design features and decorative treatments to the second story rear elevations. This may be accomplished by varying the building footprint with indentations, projections,offsets,different building materials, or adding polyfoam with a stucco finish to add visual interest and to break up the mass of walls. d) Include a color and material schedule on the site plan, as well as on the elevations, for the exterior of all buildings and structures. PART E - CITY AND OTHER SERVICES 8) Refer to the Conditions of Approval for Vesting Tentative Tract Map No.5914/UGM dated March 5, 2008 for all other requirements. TENTATIVE TRACT MAP NO. 5914 GOVERNMENT CODE§66020(d)(1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments to be completed with development. SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge► $0.10/sq. ft. (to 100' depth) c. Oversize Charge► $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charger $419/living unit Service Area: Grantland e. Wastewater Facilities Charge. $2,119/living unit f. House Branch Sewer Charger N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. . h. Frontage Charge* $6.50/lineal foot i. Transmission Grid Main Charge► $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt Service Charge► $243/gross acre (parcels 5 gross acres or more) k. UGM Water Supply Feer $407/living unit Service Area: 201s I. Well Head Treatment Feer $0/living unit Service Area: 201 m. Recharge Feer $0/living unit Service Area: 201 n. 1994 Bond Debt Service* $0/living unit Service Area: 201 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee - Citywide♦ $539/living unit p. Park Facility Impact Fee - Citywide♦ $2278/living unit q. Quimby Parkland Dedication Feelf $1120/living unit r. Citywide Regional Street Fees. $8,361/adj. acre s. New Growth Area Major Street Fees. $18,790/adj. acre t. Police Facilities Impact Fee - Citywide♦ $624/living unit u. Traffic Signal Charge* $440.03/living unit Notes: Due at Final Map. 4 Due at Building Permit. ♦ Due at Certificate of Occupancy. * Deferrable through Fee Deferral Covenant. City of PUBLIC WORKS DEPARTMENT DATE: December 17, 2007 TO: Israel Trejo, Planner III Planning and Development Department FROM: Hilary Kimber, Parks Supervisor II Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5914 AND COMMUNITY FACILITIES DISTRICT 1. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City for the maintenance of such items. • Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street right-of-ways (includes parkways and one half of median islands in Major Streets), landscape easements, trails and outlots associated with the subdivision. All outlots shall be dedicated to the City of Fresno for maintenance purposes and any related work required. ■ Maintenance of Sidewalks and Street Furniture as approved by the Public Works Department within the street right-of-way and the landscape easements associated with the subdivision. ■ Maintenance of all landscape and irrigation systems on sides and in medians, decorative concrete and pilasters included as entry treatments to the tract. ■ Maintenance of all local street Curbs, Gutters and Sidewalks, and Median islands as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance and operating costs of all Local Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. 2. An Annexation Request Package shall be submitted to the Public Works Department if the owner/developer chooses to be annexed into the City's CFD for maintenance purposes to be reviewed for acceptance to process. Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City's website (http:\www.fresno.gov) under the Public Works Department Developer Doorway. 3. Proceedings to place the Final Map into a CFD SHALL NOT commence until the Final Map has been annexed into the City of Fresno and the Final Map, Landscape and Street Construction Plans are considered to be Technically Correct. Any change affecting the Items in these conditions requires revision of this letter of conditions. If you have any questions, please call me at 621-8794 c: PW File No. 10770 DPW CFD Conditions January 2, 2008 City of len Ingn®®\\�ic DEPARTMENT OF PUBLIC UTILITIES January 3, 2008 TO: Israel Trejo, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: Chris Weibert, Management Analyst II Department of Public Utilities, Administration SUBJECT: TT 5914/UGM, R-07-073, and C-07-349 Solid Waste Conditions of Approval Location: North side of West Herndon Avenue between North Spruce and North Hayes Avenues The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5914/UGM, R-07-073, and C-07-349 that was submitted by Provost & Pritchard, Inc., on behalf of the McCaffrey Group. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5914 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 9-405 Solid Waste Disposal Regulations, Section (c)(11)(1). No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 9-405 Solid Waste, Recycling and Green Waste Regulations, Section (c)(10)(1). No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Page I o1'2 Conditions of Approval TTS914.doc City Df DATE: February 12, 2008 TO: Israel Trejo, Planner III Development Department, Planning Division THROUGH: Bryan D. Jones, T.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Divisio SUBJECT: Public Works Conditions of Approval TT 5914/C-07-349, (Herndon between Hayes and Spruce) McCaffrey Group / Provost & Prichard Engineering Group The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. Provide the following, prior to final map: 1. Provide a geometric layout of Herndon and Hayes. Identify the proposed street layout along with existing utilities and street furniture. (for example: identify the electrical tower on the northwest corner of Herndon and Hayes) General Conditions: 1. Curb Ramps: Provide curb ramps at all corners within the limits of this subdivision. 2. Pedestrian Easements: Identify all pedestrian easements on the map. Local Streets constructed API-2: A 1' pedestrian easement is required on all streets with driveway approaches. 3. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 4. Lot frontage: Redesign all lots to a minimum of 40' of frontage or— OR — provide shared driveways. 5. Garage setback: Provide 20' from the garage to the back of walk. A minimum of 18' is allowed with a roll-up door. 6. Outlots: If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes, subdivider shall pay all costs and fees associated with the City environmentally assessing the outlot to insure that it is free of toxic or hazardous materials pursuant to the requirements of City Administrative Order 8-1, including, but not limited to, performing a Phase I environmental assessment. The environmental assessment shall be completed and all fees and costs for said environmental assessment shall be paid to the City prior to subdivider's Submittal of the Final Map for City approval. 7. 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 4 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\5900\T-5914 revision HERNDON BTWN HAYES&SPRUCE.doc Frontage Improvement Requirements: Major Streets: Hayes Avenue: Modified Collector 1. •:•Dedicate 47'-63' of property, from center line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. Reference City Approved plan 15-E-6059. Also, reference T-4148, existing 30' of r/w. Verify exact alignment with the Traffic Engineer. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Exhibit "D". A 2' Pedestrian Easement is required. Identify on the map. 3. Construct an 80' bus bay curb and gutter at the northeast corner of Hayes and Herndon to Public Works Standard P-73, complete with a 10' monolithic sidewalk. 4. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. Herndon Avenue: Expressway 1 . •:•Dedicate 61'-70' of property, from center line on both sides, for public street purposes, within the limits of this subdivision, to meet the modified City of Fresno Expressway Standards. 38' min. curb to curb per Scott Mozier. Reference 15-E-6060 thru 15-E-6063. 2. Construct concrete curb and gutter to Public Works Standard P-5. The parkway shall be constructed to a 10' pattern. 3. Bike and Pedestrian Trail/Path: Dedicate a 26' (minimum) easement for Bike and Pedestrian purposes. (Additional right of way may be required for grading and drainage purposes.) Construct a 12' wide concrete Bike and Pedestrian trail/path, complete with lighting, signing, striping and landscaping, per the 2025 Fresno General Plan, Multi-Purpose Trails Plan Map and Public Works Standards P-59 and P-60. Identify route on the map and provide a cross section 7 days prior to the planning commission hearing. Construct an expressway barrier fence within the limits of this subdivision, per Public Works Standard P-74 and P-75. Submit engineered construction plans to Public Works. Submit lighting, signing and striping plan to Traffic Engineering for approval. Submit grading, landscape and irrigation plans to Engineering Services. 4. Construct 20' of permanent paving within the limits of this tract and transition paving as necessary. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-10 for Expressways. 6. Relinquish direct vehicular access rights to Herndon Avenue from all lots within this subdivision. Local Streets: Dedicate, design and construct all curb, gutter, sidewalk, (south side), permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Page 2of4 T:\TRAFFIC ENGINEER ING\Traffic Planning\Traci Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\5900\T-5914 revision HERNDON BTWN HAYES&$PRUCE.doc Standards. All driveways shall be constructed to Public Works Standards API-8 and P-4. Sidewalk patterns shall comply with Public Works Standard API-2 for 50' streets. Specific Mitigation Requirements: This tract will generate 87 a.m. /251 p.m. peak hour trips; based on 38 single family lots and 1 (189,480 s.f.) commercial lot. A Traffic Impact Study (TIS) will be required upon development of the commercial portion. 1 . Hayes Avenue frontage shall be designed for right-in and right out turns, only. 2. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 3. •'.•A feasibility study for all proposed vacations of existing public rights of way is required to be completed rior to the approval of the tentative map. See Dave Coker or Alan James comments. Traffic Signal Mitigation Impact (TSMI) Fee: This project shall pay the current Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual for single family units and commercial use (fee rate as shown in the Master Fee Schedule). 1. The intersection of Herndon and Hayes shall be modified to the ultimate City of Fresno Standards, complete with left turn phasing, actuation and signal pre-emption. Modifications are necessary to both the northbound and southbound directions. This work is eligible for reimbursement and/or credit against Traffic Signal Mitigation Impact Fees. Fresno Maior Street Impact (FMSI) Fee : This Map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide regional street impact fees. Fresno Magor Street Impact (FMSI) Requirements: Haves Avenue: Modified Collector (New Growth Area ) 1. Dedicate and construct (1) 17' travel lane on the west side, (1) 29' section on the east side and a concrete median island with dual left turns at Hayes and Herndon Avenues within the limits of this subdivision. Provide striping, as required, to accommodate the transition from the median to the required 2-way left turn lane. An additional 12' of paving shall be required to accommodate the 250' left turn lanes and/or pockets. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. 2. Upon development of this lot a "right turn only" sign will be required. Herndon Avenue: Expressway (New Growth Area/ Regional Street) 1. If not existing, dedicate and construct (3) 17' center section travel lanes, a 5' shoulder and a raised concrete median island with 250' left turn pockets at all major intersections within the limits of this subdivision. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 55 MPH design speed. Page 3 of 4 T:\TRAFFIC ENGINEER ING\Traffic Planning7ract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\5900\T-5914 revision HERNDON BTWN HAYES&SPRUCE.doc Veterans Boulevard/SR 99 interchange Fees: Veterans Boulevard/SR 99 interchange is an integral part of the West Fresno and Northwest Fresno Circulation Element in the 2025 General Plan. City staff are currently working on the Project Study Report (PSR) for this new interchange to relieve congestion at other interchanges. This interchange is a Measure C Tier 1 project and is partially funded at a cost of $60 million. Estimated costs for the total project are $97.222 million leaving a short fall of $37.222 million. The estimate average daily trips (ADT) served by the new Veterans Boulevard/SR 99 interchange is 70,370 vehicles in 2035 based on the City of Fresno technical memorandum approved by Caltrans. Therefore, to cover the short fall to get this interchange constructed each new project in West Fresno and Northwest Fresno will pay $529/ADT that are served by the interchange (across the freeway or accessing SR 99 via the interchange) to make a fair share contribution to the interchange to mitigate the project impacts to the Circulation Element of the General Plan MEIR in accordance with the Mitigation Fee Act. This project shall provide ADT counts that are served by the Veterans Boulevard/SR 99 interchange and overpass based on a Fresno COG model run. If the project is not required to do a TIS, the applicant can chose to have the City of Fresno Traffic Engineering Manager or the designated Traffic Engineering staff determine the number of ADT based on engineering judgment and/or other Traffic Impact Studies done in the area or request the model to be run by Fresno COG to provide for review and approval by Traffic Engineering staff. This total fair share mitigation impact fee for the project shall be paid prior to occupancy of the first dwelling unit or building. The impact fee is payable to City of Fresno Traffic Engineering referencing Veterans Boulevard Interchange Impact Mitigation fee. State of California Department of Transportation (Caltrans) Fees: Applicant shall pay fair share contribution as determined by the State of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineering prior to a Final Map. •:•The precise dedication of Herndon Avenue right-of-way can not be determined at this time due to a discrepancy between various recorded surveys and a missing survey monument. The applicant acknowledges this fact and agrees to work with the City Surveyor prior to recordation of a final map to locate a monument at the northeast corner of Herndon Avenue/Hayes Avenue intersection and dedicate and/or vacate the necessary right-of-way along Herndon and Hayes Avenues as determined to be appropriate by the City of Fresno Public Works Department City Engineer or his designee to accommodate the planned construction of Herndon and Hayes Avenues to their ultimate roadway widths along project frontage. Once the monument has been secured the Public Works Department will further define the dedication and/or vacation in a written letter for use for the feasibility study. Page 4of4 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\CONDITIONS OF APPROVAL FOR TRACT MAPS\5900\T-5914 revision HERNDON BTWN HAYES&SPRUCE.doc rL 10' I 2' PED. EASEMENT 1II a 5 6' Sidewalk 5.5' RESIDENTIAL SIDEWALK PATTERN REF. & REV. CITY OF FRESNO ON MAJOR STREETS EXHIBIT "D" City of Cisirin DEPARTMENT OF PUBLIC UTILITIES Z O O Date: December 10, 2007 — S ,, cl To: ISRAEL TREJO, Planner III Planning Division From: DOUG HECKER, Supervising Engineering Technician'& Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER &WATER REQUIREMENTS FOR T-5914/UGM, R-07-73 &C-07-349 General Vesting Tentative Tract Map No. 5914/UGM, R-07-73 and C-07-349 propose a 40-lot single-family residential planned development subdivision with one commercial office lot, Rezoning from the AE- 5/UGM, R-1/EA/UGM and C-1/EA/UGM zone districts to the R-2/EA/UGM and the C-P/EA/UGM zone districts on 7.6 acres located on the north side of West Herndon Avenue between North Spruce and North Hayes Avenue. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer main to serve the proposed project is a 6-inch main located in West Parr Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. The Subdivider shall comply with the requirements and conditions mentioned within the approved "Subdivision Agreement" for Tract No. 4148, Phase I of Tentative Tract No. 4148 dated October 22, 1991. 2. Abandonment and demolition of all on-site sanitary sewer facilities. 3. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 4. All underground street utilities shall be installed prior to permanent street paving. 5. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Area: #19 3. Trunk Sewer Service Area: Grantland 4. Wastewater Facilities Charge (Residential Only) City of ff-FIk-:nism%t�� DEPARTMENT OF PUBLIC UTILITIES Date: March 6, 2008 To: ISRAEL TREJO, Planner III Planning Division From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SANITARY SEWER &WATER REQUIREMENTS FOR T-5914/UGM, R-07-73 & C-07-349 (Revised) General Vesting Tentative Tract Map No. 5914/UGM, R-07-73 and C-07-349 propose a 40-lot single-family residential planned development subdivision with one commercial office lot, Rezoning from the AE- 5/UGM, R-1/EA/UGM and C-1/EA/UGM zone districts to the R-2/EA/UGM and the C-P/EA/UGM zone districts on 7.6 acres located on the north side of West Herndon Avenue between North Spruce and North Hayes Avenue. Environmental Recommendations A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environment Impact Report. Sanitary Sewer Requirements The nearest sanitary sewer main to serve the proposed project is a 6-inch main located in West Parr Avenue. Sanitary sewer facilities will be available to provide service to the site subject to the following requirements: 1. The Subdivider shall comply with the requirements and conditions 8c., 8d., 8j., 8m., and 1 Id., which is mentioned within the approved "Subdivision Agreement" for Tract No.4148,Phase I of Tentative Tract No.4148 dated October 22, 1991. 2. Abandonment and demolition of all on-site sanitary sewer facilities. 3. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 4. All underground street utilities shall be installed prior to permanent street paving. 5. Public sewer facilities shall be constructed in accordance with the Department of Public Works standards, specifications, and policies. 6. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Area: #19 3. Trunk Sewer Service Area: Grantland 4. Wastewater Facilities Charge (Residential Only) City of Inn inn I �ii� WATER DIVISION Date: December 14, 2007 To: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration Through: NEIL MONTGOMERY, Chief Engineering Technician Department of of Public Utilities, Water Division From: MICHAEL CARBAJAL, Supervising Engineering Technician Department of Public Utilities, Water Division Subject: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 5914/UGM The following conditions are required to provide water service to the tract. 1. Separate water services with meters shall be provided to each lot created. 2. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 3. 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. TAPRO,WMEC\Conditions of Approvak5914 121407.doc Special Conditions: Those lots that have a frontage of less than 40' shall have shared driveways. Solid waste containers require 17' of clear space at the edge of the curb when placed out for servicing. Page 2 of 2 Conditions of Approval TT5914.doc File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Mr. Gil Haro, Planning Manager The McCaffrey Group Planning& Development Department 7020 N. Van Ness Ave. City of Fresno Fresno, CA. 93711 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5914 PRELIMINARY FEE(S) (See below) DRAINAGE AREA(S) " EG - DRAINAGE AREA " EG " $68,883.00 DATE I Z,3/06 DRAINAGE AREA " - It - TOTAL FEE $68,883.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s) or the timing or form of fee payment: ■p a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. 5914 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water& Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) 5914 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which O may be generated by operations at the development after construction. ■ a• State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking, recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a stone water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample stone water runoff and test it for pollutant indicators, and annually submit a report to the State Board. 5914 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes'made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Geral E. La 'man, Project ngineer: Gary Chapman District Engineer C: Provost& Pritchard 286 W. Cromwell Ave. Fresno, CA. 93711 5914 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document I I THIS DRAWING IS SCHEMATIC, DISTANCES ARE APPROXIMATE. I •1 I I I I I I I I I I I I I I �— ---------------------- ------ — I � I I I I � � � I � I -- --------SPRU — Ik 30" LOCUST -- ------- --- I LOCUST AVE. II ui I � II a ui W I Q AVE.FALLON } \ � - 1 m � I Q I 00 f -- w I --- w I L---------- > FT I a I a I I a - 18"I W BEECHWOOD AVE. ------- ---- —� I I � I I II ayz I � PARR AVE ------ -------- ------------- ---------------- - HERNDON AVE. m __---- TRACT 5914 CUP 2007-349 LEGEND 15'Storm Drainage Easement Location Master Plan Facilities To Be Constructed By Developer -Pipeline(Size Shown)&Inlet(Eligible For Fee Credit). SCALE 1"=400' 0— — — Existing Master Plan Facilities �— Future Master Plan Facilities ® Existing Temporary Inlet Direction Of Drainage ——— ——— Inlet Boundary TRACT 5914 CUP 2007-349 DRAINAGE AREA: "EG" ® EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT DRAWN BY: KAN DATE: 113108 KWAocBMWGS10EXRIBRICITYCUR2007-349.dwg REVISED BY: — DATE. — OTHER REQUIREMENTS EXHIBIT NO. 2 The cost of construction of Master Plan facilities,excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area,the difference shall be paid upon demand to the City/County or District. If the developer prefers, the District will construct the Master Plan facilities required of this development if notified in writing. Should the developer so choose,the developer would be required to design the Master Plan facilities in conjunction with his improvement plans. The facilities would then be constructed by a District contractor in coordination with the developer's project. The developer must provide adequate notice to the District to insure the Master Plan storm drainage facilities are constructed before the street improvements and prior to occupancy of the development. Should the developer desire the District construct the facilities,only the aforementioned notice to the District is required and no development agreement would be required. There is an existing fifteen-foot (15') wide storm drain easement in the southeast corner of the proposed tract (Lot 40) as shown on Exhibit No.1. No encroachments into the easement shall be permitted including, but not limited to, foundations, roof overhangs, swimming pools, and trees. Developer shall contact the District at the earliest possible opportunity should Developer wish to relocate the District facilities. If an acceptable relocate plan is not provided to the District,then the District recommends the City not approve Lot 40. The subject commercial portion of the development is located within the District's Drainage Area "EG". Runoff from the"EG"system will ultimately drain to the San Joaquin River. Drainage runoff from commercial and industrial land uses directly to the river is prohibited by City of Fresno and District policy. The District is therefore requiring on-site mitigation of the runoff quality prior to discharge to the public drainage system. The specific plan and detail of the proposed mitigation must be reviewed and approved by the District prior to implementation. The developer is responsible to implement mitigation features which will maintain compliance with the Local, State, and EPA standards and regulations throughout the life of the project. Development No. Tract 5914 Page 1 of 2 K:Wermits\Exhibit2\Tracts\5914.doc(gc) OTHER REQUIREMENTS EXHIBIT NO. 2 In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfal l and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be directed through landscaped areas or otherwise treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements are available. Contract the District's Environmental Department for further information regarding these policies related to industrial site requirements. Development No. Tract 5914 Page 2 of 2 KAPermits\Exh ibit2\Tracts\5914.doc(gc) co Airport Land Use Commission p 1856 Q �5 Determination of Consistency DATE: March 6, 2008 TO: City of Fresno FROM: Alan Weaver, Director. Department of Public Works and Planning Secretary -Airport Land Use Commission Johl AAams, Planner Dev616pment Services Division Clfris Matta, Senior Planner Development Services Division SUBJECT: Determine whether City of Fresno Rezone Application No. R-07-73 is Consistent with the Adopted Sierra Sky Park Airport Land Use Policy Plan In a special hearing conducted March 3, 2008, the Airport Land Use Commission took the following action in considering a request for Determination of Consistency with the adopted Sierra Sky Park Airport Land Use Policy Plan: Adopted the Staff Recommendation as Follows: • Stated that the Commission has reviewed and considered -the Environmental Assessment/Initial Study and Finding of Conformity with MEIR No. 10130 filed in response to the requirements of the California Environmental Quality Act. • Determined that City of Fresno Rezoning Application No. R-07-73 is consistent with the Airport Land Use Commission's Sierra Sky Park Airport Land Use Policy Plan, subject to the following conditions incorporated into the recommended Avigation Easement and Agreement, imposed by conditional zoning, and otherwise recorded as a restriction running with the land: 2220 Tulare Street,Sixth Floor/Fresno,California 93721/Phone(559)2624055/262-4029/2624302/262-4022/FAX 2924893 Equal Employment Opportunity•Affirmative Adlon•Disabled Employer City of Fresno March 6, 2008 Page 2 1. An Avigation Easement and Agreement shall be required to: (a) Ensure the ability to enforce FAR Part 77 limitations beyond the boundaries of the airport and within the Airport Review Area, limiting all structures and trees to the appropriate limit imposed by FAR and allow ongoing ingress and egress for the purpose of removing, marking or lighting objects, including trees, which may penetrate any surface as described under Part 77. (b) That structures and uses shall not create dust, smoke, steam, distracting sources of light, electrical interference or attract birds. NOTES: The following notes reference mandatory requirements of Fresno County or other agencies and are provided as information to the project applicant. 1. Rezoning the 9.49-acre area to any other zone district will require a request for review by the ALUC to determine consistency with -the Sierra Sky Park ALUPP. 2. The Western Regional Office of the Federal Aviation Administration encourages the filing of an FAA Form 7460-1, Notice of Proposed Construction or Alteration in conjunction with the permitting of projects in the area of an airport to ensure compliance with Part 77 of the Federal Aviation Regulations (FAR). 3. In accordance with FAR 77, Subpart C and the Airspace Protection Policies of the Sierra Sky Park Airport Land Use Policy Plan the following must be met: (a) No structure, tree or other object shall be permitted to exceed the height limits established in accordance with Part 77, Subpart C, of the Federal Aviation Regulations (FAR). This criterion applies unless, in the case of a proposed object or growing tree, one or more of the following conditions exist: 1. The object would be substantially shielded by existing permanent structures or terrain in a manner such that it clearly would not affect the safety of air navigation; 2. The FAA has conducted an aeronautical study and either determined that the object would not result in a hazard to air navigation or made recommendations for the object's proper marking and lighting as an obstruction; 3. The object is otherwise exempted from the requirements of FAR Part 77. In the case of an existing object, this criterion also applies unless the object exceeded the prescribed height limits prior to February 20, 1987, in which case, marking lighting will still be required. City of Fresno March 6, 2008 Page 3 (b) No object shall be permitted to be erected which because of height or other factors would result in an increase in the minimum ceiling or visibility criteria for an existing or proposed instrument approach procedure. (c) Civil Airport Imaginary Surfaces described at Code of Federal Regulations Title 14, Part 77, Subpart C "Obstruction Standards," shall be used in conjunction with the above airspace conditions to determine whether the height of an object is acceptable. JA:hr G:14360Devs&PIn1PLANNINMAVIAT10MALUCV008 matedals103-03-08 Heartng44genda Item 41A! No.4 Determinadon.doc co DEPARTMENT OF COMMUNITY HEALTH EDWARD L. MORENO, M.D., M.P.H. p� DIRECTOR-HEALTH OFFICER �a5�p -FRS S December 17, 2007 999999999 L00014538 Israel Trejo PE 2602 City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Trejo: PROJECT NUMBER: T-5914,R-07-73;, C-07-349, The McCaffrey Group PROJECT DESCRIPTION AND LOCATION: Proposes a 40-lot single family residential subdivision with one commercial office lot, on 7.6-acres and associated rezoning located on the north side of West Herndon Avenue between North Spruce and North Hayes Avenues. LIST THE SPECIFIC ADVERSE IMPACTS IN YOUR AREA OF EXPERTISE WHICH MAY RESULT FROM APPROVAL OF THE PROPOSED PROJECT. PLEASE LIST SPECIFIC MITIGATION MEASURES THAT YOU WOULD RECOMMEND AS CONDITIONS OF PROJECT APPROVAL TO REDUCE ANY SIGNIFICANT ADVERSE IMPACTS. [ ] AN ENVIRONMENTAL IMPACT REPORT: The project has the potential to result in significant adverse environmental impacts. [X] A NEGATIVE DECLARATION: The project may have adverse impacts but impacts can be mitigated without further study or are not serious enough to warrant an Environmental Impact Report. [ ] NEITHER OF THE ABOVE, INSUFFICIENT INFORMATION TO DRAW ANY CONCLUSIONS: The following additional information should be provided: • Construction permits for the 40-lot single family residential subdivision should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116. • Construction permits for the 40-lot single family 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 Health Services, Division of Drinking Water and Environmental Management (DDWEM). For more information call (559) 447-3300. Dedicated to Community Health 1221 Fulton Mall / P.O. Box 11867, Fresno, California 93775/ (559) 445-3200/ FAX (559) 445-3370 Equal Employment Opportunity - Affirmative Action Disabled Employer www.fresnohumanservices.org Israel Trejo T-5914 The McCaffrey Group December 17, 2007 Page 2 of 3 • The Fresno County Department of Community Health is 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. Prior to destruction of any existing agricultural well(s), a sample of the upper most fluid in the well column should be sampled for lubricating oil. The presence of oil staining around the well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found in the well, the oil should be removed from the well prior to placement of fill material for destruction. The "oily water" removed from the well must be handled in accordance with federal, state and local government requirements. Transportation of these materials on public roadways may require special permits and licensure. The Department of Community Health is available to provide consultation in cooperation with your city in order to encourage the proper destruction of wells and safeguard our water quality. City staff may contact Ed Yamamoto, Environmental Health Specialist, Water Surveillance Program, at (559) 445-3357 for more information. • 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. • Due to the proximity of the proposed residential uses to an existing thoroughfare, consideration should be given to conformance with the Noise Element of the City of Fresno General Plan. A noise study should be conducted in order to identify the potential noise impacts and offer mitigation alternatives. Comments/Concerns Specific to the Proposed Rezone: Since all of the tenants have not been identified for this application, the full range of C-P uses must be considered. The potential adverse impacts could include (but are not limited to) storage of hazardous materials and/or wastes, medical waste, and solid waste. The Fresno County Department of Community Health, Environmental Health Division offers the following comments relative to the areas of our expertise: Recommended Conditions of Approval Specific to the Proposed Rezone: • Should a retail food establishment be proposed, prior to issuance of building permits, the tenant shall submit complete food facility plans and specifications to the Fresno County Department of Community Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at (559)445-3392 for more information. Israel Trejo T-5914 The McCaffrey Group December 17, 2007 Page 3 of 3 • Prior to operation, the future tenants may be required to apply for and obtain a license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information. • Certain uses allowed may utilize hazardous materials or create hazardous wastes. If a tenant with such uses is proposed, then prior to occupancy the tenant shall complete and submit either a Hazardous Materials Business Plan or a Business Plan Exemption form to the Fresno County Department of Community Health, Environmental Health Division. Contact the Certified Unified Program Agency at (559) 445-3271 for more information. • All hazardous waste shall be handled in accordance with requirements set forth in the California Health and Safety Code, Chapter 6.5. This chapter discusses proper labeling, storage and handling of hazardous;wastes. • Future tenants may be required to obtain a Medical Waste Permit from the California Department of Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information. REVIEWED B Glenn Allen, Eiro mental Health Specialist III (559) 445-3357 ga cc: Ed Yamamoto, Environmental Health Division T-5914 The McCaffrey Group IZ Pa'cc Gas and Kyle Patten Phone: 559-263-5167 Land Agent E Mail kap6&pge.com Electric Company. 650 O Street Bag 23 Fresno, CA. 93760 Land Services December 17, 2007 Development Department Engineering Services Division Land Division Section 2600 Fresno Street, Room 3043 Fresno, CA. 93721-3604 Attn: Israel Trejo Dear Israel Trejo, We have received your request for comments notice for the TentativeTract Map No. 5914. OUR FILE. Herndon-Barton 11 5K Electric Transmission line Gas Transmission DFM Thank you for the opportunity to review and comment on the Tentative Tract Map No. 5914. Pacific Gas and Electric Company (PG&E) owns and operates an electric transmission tower line and a high pressure gas transmission line located within the proposed project's boundaries. To promote the safe and reliable maintenance and operation of utility facilities, the California Public Utilities Commission (CPUC) has mandated specific clearance requirements between utility facilities and surrounding objects or construction activities. To ensure compliance with these standards, project proponents should coordinate with PG&E early in the development of their project plans. Any proposed development plans should provide for unrestricted utility access and prevent easement encroachments that might impair the safe and reliable maintenance and operation of PG&E's facilities. PG&E hereby requests that the locations of each steel tower facility be deliniated upon the map. PG&E maintains that the location of the easement is monumented by the existing steel towers and their projected centerlines on the property. I have enclosed a copy of the easement deed that covers this tower line. PG&E requests that reference to this deed and the designated width of 50 feet is provided on the final map. It is imperative that PG&E review all improvement plans prior to any construction activity proposed within our easement area and over the high pressure gas line. The plans must verify the location and depth of the existing gas line. PG&E requires a minimum of 3.0 feet of cover over the top of the gas line at final grade. Use of certain types of equipment during construction activity over the gas line may be limited based upon acceptable wheel load requirements. Developers will be responsible for the costs associated with the relocation of existing PG&E facilities to accommodate their proposed development. Because facility relocation's require long lead times and are not always feasible, developers should be encouraged to consult with PG&E as early in their planning stages as possible. Expansion of distribution and transmission lines and related facilities are a necessary consequence of growth and development. In addition to adding new distribution feeders, the range of electric system improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substations to their ultimate buildout capacity, and building new substations and interconnecting transmission lines. Comparable upgrades or additions needed to accommodate additional load on the gas system could include facilities such as regulator stations, odorizer stations, valve lots, distribution and transmission lines. PG&E remains committed to working with the City of Fresno to provide timely, reliable and cost effective gas and electric service. Please contact me at 263-5167 if you have any questions regarding our comments. We would also appreciate being copied on future correspondence regarding this development. Sincerely, A CC•f t:/F• .ash:.,, Kyle Patten Land Agent LIAR. 4. 2008 12 ; 50NV C E N T P ' UN I E BUS OFC �NO. 9744—i'. 1 CENTRAL UNIFIED SCHOOL DISTRICT i r_ Ul S 4 OPERATIONAL SERVICES °z D-19 4605 North Polk Avenue • Fresno California 93722 Phone: (559) 274-4700 ext. 105 • FAX: (559) 276-5515 Bert Contreras, Director- Operational Services Facilities Project Manager Eddie Davidson,Work control Manager Diane Komoto,Transportation Director David Deel,Facilities Planning Manager March 4, 2008 City of Fresno Planning & Development Department 2600 Fresno Street Fresno, CA 93721 Pax: 498-1026 Attn: Israel Trejo Subject: Ti' 5914 Central Unified School District has the following conditions/comments for the above project(s): Condition of approval: 1. School Developer Fees shall be paid on all new residential construction within the proposed subdivision, in accordance with a resolution adopted by the Central Unified School District, pursuant to Government Code section 65995 and Educational Code section 17620. 2. Install concrete sidewalks/curbs/gutters on both sides of the interior streets for the proposed project in a manner consistent with the existing subdivisions in the area and to City standards. Comments: The proposed project will add approximately 29 students (grades K-12) to the District's average daily attendance as indicated in the chart below. Number of lots / units for SFR = 40 MFR = Grade Level: 9 of Students Generated K-6 grade students 17 0 7-8 grade students _ 5 0 9-12 grade students 8 0 TOTAL K-12 grade 29 0 MAR. 4. 2008 12: 51PM CENTR, 'JNIF BUS QFC N0, 9744 P. 2 TT 5914 3/4./2008 Page 2 of 4 .The District will be able to accommodate these new students at the schools of attendance indicated below. To offset the cost to house these students, the District currently levies development fees of $4.15 per square foot for residential development and $0.42 per square foot for commercial / industrial development. As a point of information, development fees are subject to increase every two years by the State Allocation Board, Any new development on the properly will be subject to the development fees in place at the time development fee certificates are obtained. Sidewalks will be required along interior neighborhood streets and major exterior streets to provide the necessary identifiable boundary between students and traffic, and provide a safe place for students walking to and from existing school sites and bus stops. Bus transportation will be provided to those students in accordance with District policies in effect at the time of enrollment. Currently, bus transportation is provided for: • K-8th grade students residing at least one mile or more from their school of attendance; • 9'h-12th grade students residing at least two miles or more from their school of attendance. The following school of attendance information is provided: Please note: The District is constructing a phased "educational center" on the NEC of Grantland and Ashlan Avenues. The 1" phase of construction is completed with the opening of Harvest Elementary. Construction of the 2nd phase which includes a 1000 student capacity Middle school will start late summer of 2008, to be open in August 2010. The final phase will include a new 2500 student capacity High school with a projected opening in August 2013. These proposed new schools nLay affect the school of attendance for the proposed project and/or the attendance boundary of the following schools: • Elementary School Information: School Name: River Bluff Elementary Address: 6150 W. Palo Alto • Middle School Information: School Name: Rio Vista Middle School Address: 6240 W. Palo Alto Ave. High School Information: (a) School Name: Central High School -- East Campus Address: 3535 N, Cornelia Ave (b) Currently, Central High School - West Campus is a mandatory attendance 91h grade school with optional programs for grades 100' -12th. MAR. 4. 2008 12: 51PM CENTR" UiNIF BUS OR NO, 9744 P. 3 TT 5914 3/4/2008 Page 3 of 4 The District appreciates the opportunity to comment on above project. Should you have questions or need additional information, please contact me at 559-2744700 x102 or ddeel(&centralusd.klz,ca.us. Sincerely, David Deel Facilities Planning Manager cc, Bert Contreras File l3 y OFFICE OF AWZV�I RRATI id ON �I►�TR�I Com, TELEPHONE(559)233-7161 FAX(559)233-8227 2907 S.MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 YOUR MOST VALUABLE RESOURCE-WATER December 10, 2007 Mr. Israel Trejor 1 4 �� � Citv of Fresno `"�' Planning & Development Department Planning Division Ian Inch p�,,,lr;�,�,��,,rept 2600 Fresno Street Room 3043 R._.. Fresno, CA 93721-3604 RE: VTTM 5914, R-07-73 and C-07-349 Location North Side of Herndon Avenue between North Spruce and North Hayes Avenues Dear Mr. Trejo: The Fresno Irrigation District (FID) has reviewed the Vesting Tentative Tract Map 5914 development 1ocat6d.'North Side of Herndon Avenue between North Spruce and North Hayes Avenues which has no impact on FID's facilities. FID approves the proposed development with the following conditions: 1, FID does not own, operate or maintain any facilities located on the applicant's property. 2. FID expects no adverse impacts from the approval of the subject proposal. 3. For informational purposes, a private pipeline known as the Radin-Kamp No. 130 traverses the subject property as shown on the enclosed map. This pipeline had been abandoned. Thank you for submitting this for our review. Please feel free to contact me with any questions or concerns at 233-7161 extension 321 or sbloemcc,fresnoirrigation.com. Sincerely, 0 Steve Bloem Engineering 'fechnician Enclosure (:l- i_z;uc e,.:s_:t_•',.�'TTN,14�9i4,R-0%-;3,C-0%- 49.doc BOARD OF President JEFFREY G. BOSWELL, Vice-President JEFF NEELY DIRECTORS EDDIE NIEDERFRANK,STEVE BALLS,TOM E.STEFFEN,General Manager GARY R.SERRATO ........... MOTHER 0 • ................................................................................................... I.......i .........-- m --- .- -- ----- G) BRE 14T. cl) ........... 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O. ............. ....... o ....... jL CAFFREY ........... m ............ ; I -- ......................... ...WHEELER ICH m POLK MICHAEL -4. X : . z .......... > A A D61L 171 L t G F TT it .......WHEELER DELBERT0II POLK DE it zo II LBERT 0 z STATE ELLENDALE ELLENDALE T__ it 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No. 210.414 "EG" January 4, 2008 Mr. Israel Trejo, Planner III City of Fresno, Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721 Dear Mr. Trejo, Rezone 2007-073 Drainage Area "EG" The District has reviewed the land use change proposed for the subject rezone. The District's Master Plan drainage system can accommodate the proposed rezone. Should street improvements become a requirement of the rezone, Master Plan facilities may be required and the City and developer should contact the District. Should you have any questions concerning this matter, please feel free to contact us. Sincerely, Gary Chapman Engineering Technician I GC/Irl KARezone lettersWresno rezone12007-073(eg).doc 5469 E. OLIVE • FRESNO, CA 93727 • (559) 456-3292 • FAX(559)456-3194 l g 84, Randy R. Bruegman Fire Chief Bureau of Fire Prevention and Investigative Services 450 M Street Fresno, California 93721-3083 P1 R� (559) 621- 4000 FAX (559) 498-4323 www.fresno.gov DATE: 12-07-07 TO: Israel Trejo, Planner 11 Planning and Development Department FROM: Rick Fultz Senior Fire Prevention Inspector Fire Department SUBJECT: Tentative Tract No. 5914 The Fire Department has completed a review of the Tentative Tract Map 5914 which was submitted by Provost and Prichard. The following requirements and conditions are to be placed on this Pre App tentative tract map as a condition of approval by the Fire Department. General Requirements: This project is within 2 miles of Fresno Fire Station No. 14. This project is subject to city wide Fire service fees. Provide residential hydrants and fire flows per Public Works standards with two sources of water. Access is acceptable as shown. Note: Phasing of tract will require re-review for access requirements. "To protect and serve and to put service above all else." D E P A R T M E N T O F P U B L I C W O R K S TO: Israel Trejo, Planner H Planning Division FROM: Hilary Kimber,Parks Supevisor II (559.621.8794) DATE: December 17, 2007 SUBJECT: Tract-5914 (Located on W. Herndon Avenue between N. Hays and W. Spruce Avenues): The Department of Public Works has reviewed the Tentative Tract Map proposed by The McCaffrey Group, on engineering plans prepared by Provost&Pritchard,dated November 20, 2007. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in street right-of-way: GENERAL REQUIREMENTS 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 trees shall be planted at the minimum rate of one tree for each 60' of street frontage by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23,Water Efficient Landscape Standards. Tree species to be planted are as follows: STREET NAME STREET TREE SPECIES/COMMON NAME East Herndon Avenue Fraxinus americana `Autumn Applause' (White Ash) 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60'of street frontage, or one tree per lot having street frontage, whichever is greater. Tree planting shall be within a 10' Planting and Utility Easement. a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno,Department of Public Works "Standard Specifications." c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work, warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING& MAINTENANCE REQUIREMENTS 1. The subdivider shall provide long term maintenance for all proposed landscaped areas by either petitioning for annexation in a Community Facilities District(CFD)or by forming a Home Owner's Association. 2. Maintenance Service Through Annexation into a Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to have landscaping maintained by annexing into the City's Community Facilities District. A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and Irrigation plans shall comply with Sections 12-306-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping. B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing parkway strip as much as possible. C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of sidewalk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works, Engineering Services Division. D. The water meter(s)serving the buffer landscaping shall be sized for the anticipated service flows. E. No private flags,signs or identification of any kind shall be permitted in the right-of-way, within the City-controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included in a Community Facilities District(CFD). If the outlots are to be included into the CFD, the Department of Public Works will require approving Landscape and Irrigation plans to be submitted with the landscape buffer plans prior to inclusion into the inclusion into the CFD. TRAIL REQUIREMENTS 1. The trail shall be constructed in accordance with the "Master Trails Manual' and the Public Works Department standards. The subdivider is responsible for the trail construction. The subdivider is responsible for all landscape and irrigation improvements for an within the trail. Construction plans shall be submitted and shall include landscaping and automatic irrigation design. Trail cross-sections will be required with the submittal of Street Plans and Landscaping/Irrigation Plans for review and approval. These plans shall be in compliance with current City standards and approved by the Department of Public Works. Landscaping within the regional/multi-purpose trail shall include large, medium and low-growing shrubs planted from 3 to 6 feet apart depending on the variety. Trees shall be spaced approximately 25 to 45 feet apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with the "Landscaped Buffer Development Standards". All planting areas shall be irrigated with an automatic irrigation system. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall submit Plans to the Public Works/Endneerin2Services showing the location and configuration of all median islands fronting the proposed project. 2. The Public Works Department will review and evaluate existing median island(s)for a determination of all required improvements prior to approval of Final Map. 3. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works Department requires all proposed median islands to be constructed with 2 foot wide colored concrete strips,flush along curb edge,in a 12 inch by 12 inch brick red slate pattern. 4. Trees shall not be planted in sections which are less than eight(8)feet wide unless approved by the Public Works Department. Sections less than eight (8) feet shall be capped with concrete as an integral part of the off site improvements,whether the median is landscaped or not. Street Name Review TM-5914 12-14-07 Street Name Status Required Change West Parr Avenue Good West Herndon Avenue Good North Hayes Avenue Good North Durango Avenue Good North Erie Avenue Good North Vista Avenue Good North Gregory Avenue Good North Carnegie Avenue Good North Lola Avenue Good N Veterans Blvd Alignment Chane North Veterans Boulevard(Ali nment ACOUSTICAL ANALYSIS TRACT NO. 5914 FRESNO, CALIFORNIA PREPARED FOR PROVOST AND PRITCHARD ENGINEERING GROUP 286 W.CROMWELL AVENUE FRESNO,CALIFORNIA 93711 PREPARED BY BROWN-BUNTIN ASSOCIATES, INC. VISALIA,CALIFORNIA DECEMBER 11, 2007 BBA 319 W.School Ave.•Visalia,CA 93291 • (559) 627-4923• (559) 627-6284 Fax i� 7996 California Ave.,Suite A-Fair Oaks,CA 95628• f9161 961-5822- f916) 961-6418 Fax BROWN • BUNTIN ASSOCIATES. INC INTRODUCTION The project is a single-family subdivision north of West Herndon Avenue between North Hayes and North Polk Avenues in Fresno, California. The City of Fresno has required an acoustical analysis to be prepared that addresses noise from Herndon Avenue and Veterans Boulevard traffic. This report is based upon the site plan shown in Figure 1 and traffic projections from the Fresno County Council of Governments (FresnoCOG). Revisions to the above-referenced plan may require re-evaluation of the findings of this report. Appendix A provides definitions of the acoustical terminology used in this report. Unless otherwise stated, all sound levels reported in this analysis are A-weighted sound pressure levels in decibels (dB). A-weighting de-emphasizes the very low and very high frequencies of sound in a manner similar to the human ear. Most community noise standards utilize A-weighted sound levels, as they correlate well with public reaction to noise. NOISE EXPOSURE CRITERIA For transportation related noise (e.g. traffic noise), the Fresno General Plan establishes a land use compatibility criterion of 60 dB DNL for exterior noise levels in outdoor activity areas of new residential developments. The intent of the exterior noise level requirement of the General Plan is to provide an acceptable noise environment for outdoor activities and recreation. The General Plan also requires that interior noise levels attributable to exterior noise sources not exceed 45 dB DNL. The intent of the interior noise level standard is to provide an acceptable noise environment for communication and sleep. PROJECT SITE NOISE EXPOSURE Noise levels from traffic were calculated for future (2025) traffic conditions using the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA-RD-77- 108) and traffic data obtained from the FresnoCOG. The FHWA Model is the standard analytical method accepted by most state and local agencies, including Caltrans, for roadway traffic noise prediction. The FHWA Model is based upon reference energy emission levels for automobiles, medium trucks (2 axles) and heavy trucks (3 or more axles), with consideration given to vehicle volume, speed, roadway configuration, distance to the receiver, and the acoustical characteristics of the site. The FHWA Model was developed to predict hourly Leq values for free-flowing traffic condition. FHWA Model assumes a clear view of traffic with no shielding at the receiver location. To predict DNL values, it is necessary to determine the hourly distribution of traffic for a typical day and adjust the traffic volume input data to yield an equivalent hourly traffic volume. The Calveno traffic noise emission curves have been employed in this analysis as recommended by Caltrans for the calculation of noise levels generated by California traffic. 07-089 Tract No.5914 12-11-07.doc 1 i IJ _ III j ,: FYI Ii 13� 4 r , ISI I , N1tA°,. III I UJ " I I I I' Figure 1: Project Location and Noise Measurement Site 07-089 Tract No.5914 12-1 1-07.doc 2 Traffic noise level measurements and concurrent traffic counts were conducted by BBA on November 30, 2007 at the location shown in Figure 1. The measurement location represents the closest proposed lots to Herndon Avenue. The purpose of the measurement was to check the accuracy of the FHWA Model in predicting traffic noise exposure for the conditions observed at the time of the measurement, taking into account site-specific conditions. It is assumed that if the FHWA Model accurately predicts traffic noise levels for observed traffic conditions, then the model may be relied upon to reasonably predict annual average traffic noise levels for projected future conditions. Table I compares measured Ley values to those predicted by the FHWA Model for observed traffic conditions. It is apparent from Table I that the FHWA Model predicted noise exposure differed from measured results by 0.7 dB. This is acceptable agreement between measured and predicted noise levels and means that the FHWA Model can be used without adjustment to calculate future traffic noise levels on the site. Estimates of annual average traffic volumes were provided by FresnoCOG; truck mix was based on our counts; and the day/night distribution was estimated based on similar roads. Table II summarizes traffic data used for traffic noise exposure calculations. TABLE I COMPARISON OF MEASURED AND PREDICTED NOISE LEVELS HERNDON AVENUE WITHIN THE PROJECT SITE NOVEMBER 30,2007 Time 11:05 A.M. Observed#Autos/Hr. 1120 Observed#Medium Trucks/1-1r. 28 Observed#Heavy Trucks/Hr. 20 Observed Speed(mphy(mph55 Distance(from center of roadway) 120' Le (Measured) 65.5 dBA LPredicted 64.8 dBA Predicted by the FHWA Model assuming an acoustically"soft"site. Source: Brown-Buntin Associates,Inc. Veterans Boulevard is proposed to merge with Herndon Avenue near the eastern end of Tract No. 5914. At this point, future traffic volumes will almost double and traffic noise levels at lots within Tract No. 5914 east of the junction will also be higher than those west of the junction. Using the data from Table II and the FHWA Model, annual average traffic noise exposure at the approximate location of the center of future backyards along Herndon Avenue was calculated to be 68.7 dB DNL west of the junction and 71.6 dB DNL east of the junction. The approximate 07-089 Tract No.5914 1 2-11-07.doc 3 distance to the 60 dB DNL contour would be 448 feet west of junction and 681 feet east of the junction within the unimproved site. TABLE II TRAFFIC DATA USED FOR CACLUATIONS VICINITY OF PROJECT SITE YEAR 2025 Herndon Avenue W.of Veterans Blvd. E.of Veterans Blvd. Annual Average Daily Traffic AADT 33,418 62,662 Day/Night Split % 90/10 90/10 Average Vehicle Speed(mph) 55 55 Medium Trucks %of AADT 3 3 Heavy Trucks %of AADT 2 2 Source: Fresno County Council of Governments Brown-Buntin Associates,Inc. MITIGATION Exterior Noise Mitigation: Since the year 2025 traffic noise exceeds the 60 dB DNL criterion adjacent to Herndon Avenue mitigation must be provided. The most practical way to reduce traffic noise levels is to construct a noise barrier (sound wall) along the perimeter of the project site in accordance with City expressway standards, which require the sound wall to be set back not less than 75 feet from the center of the nearest traffic lane. A sound wall insertion loss program based on the FHWA Model was used to calculate the insertion loss (noise reduction) provided by the proposed wall, and to determine the minimum sound wall height required for compliance with applicable City noise requirements. The model calculates the insertion loss of a wall of given height based on the effective height of the noise source, height of the receiver, distance from the receiver to the wall, and distance from the noise source to the wall. The standard assumptions used in the sound wall calculations are effective source heights of 8, 2 and 0 feet above the roadway for heavy trucks, medium trucks and automobiles, respectively. The standard height of a residential receiver is 5 feet above the building pad elevation. The assumed closest receiver location was 25 feet from the sound wall. Table III shows the range of sound wall heights and resulting noise levels. A minimum 10 feet wall would be necessary west of the junction (Lots 1-29) and 13 feet high east of the junction (Lots 30-40). 07-089 Tract No.5914 12-1 1-07.doc 4 TABLE III SOUND WALLS HEIGHTS AND RESULTING NOISE LEVELS ALONG HERNDON AVENUE RESULTING NOISE LEVEL,DNL,DB Wall Height Resulting Noise Level,DNL dB W.of Veterans Blvd.Junction E.of Veterans Blvd.Junction 6' 63.1 65.8 7' 62.3 65.0 8' 61.3 64.0 9' 60.2 62.9 10' 59.3 62.0 11' 58.5 61.2 12' 57.7 60.4 13' 56.9 59.6 Source: Brown-Buntin Associates,Inc. Interior Noise Mitigation: The City interior noise level standard is 45 dB DNL. If sound walls are constructed as described above, traffic noise exposure will be about 60 dB DNL at the closest proposed lots at the first floor elevation. If 2-story residences are constructed, the exterior noise level at second floor facades would be about 72 dB DNL. The higher noise level at second floor elevations is because the sound wall will have little benefit at second floors. This means that an outdoor-to-indoor noise level reduction (NLR) of no greater than 15 dB will be required to achieve compliance with the City's interior noise level standard (60 dB-45 dB=15 dB) at first floors, and an NLR of 27 dB at second floors. Typical residential construction meeting current building code requirements will achieve an NLR of 20-25 dB, provided that windows and doors are closed. This means that interior noise levels will be 45 dB DNL or less at first floor rooms, thereby satisfying City requirements. If second floor rooms are proposed, plans should be reviewed by an acoustical consultant to assure compliance with City standards. Requiring that windows and doors to remain closed for the required NLR performance, means that air conditioning or some other form of mechanical ventilation will be required for homes. CONCLUSIONS AND RECOMMENDATIONS Exterior Noise Exposure: A minimum 10-foot-high sound wall is recommended along lots bordering Herndon Avenue west of the Veterans Boulevard Junction (Lots 1-29). East of the junction the sound wall should be at least 13 feet high (Lots 30-40). 07-089 Tract No.5914 12-11-07.doc 5 Interior Noise Exposure: Interior noise levels will satisfy City standards if the following recommendations are implemented. 1. Mechanical ventilation or air conditioning should be installed so windows and doors may remain closed to provide for the necessary acoustical insulation. 2. Windows should be carefully installed, sealed and caulked so that there are no openings between the window assembly and wall. 3. Exterior doors, excluding glass doors, should be solid-core wood with perimeter weather- stripping and threshold seals. 4. If second floor homes are proposed, plans should be reviewed by an acoustical consultant to assure that interior noise levels satisfy City requirements. The conclusions and recommendations of this acoustical analysis are based upon the best information known to Brown-Buntin Associates, Inc. at the time the analysis was prepared concerning the proposed site plan, project grading, traffic volumes, vehicle speeds, truck mix and roadway configuration. Any significant changes in these factors will require a reevaluation of the findings of this report. Additionally, any significant future changes in traffic volumes, noise control technology, noise regulations or other factors beyond BBA's control may result in long- term noise results different from those described by this analysis. It is the responsibility of the project developer to ensure that all materials and construction practices employed for this project are consistent with the design assumptions used for this analysis and with the above-described recommendations. BBA is not responsible for degradation of acoustical performance due to substitutions, deletions, modifications or defects in manufacture or workmanship, or due to changes in the project site or grading plans. Respectfully submitted, Bill C. Thiessen Senior Consultant BCT:dm 07-089 Tract No.5914 12-1 1-07.doc 6 APPENDIX A ACOUSTICAL TERMINOLOGY AMBIENT NOISE LEVEL: The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. CNEL: Community Noise Equivalent Level. The average equivalent sound level during a 24-hour day, obtained after addition of approximately five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and ten decibels to sound levels in the night before 7:00 a.m. and after 10:00 p.m. DECIBEL, dB: A unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). DNL/Ld,,: Day/Night Average Sound Level. The average equivalent sound level during a 24-hour day, obtained after addition of ten decibels to sound levels in the night after 10:00 p.m. and before 7:00 a.m. Leq: Equivalent Sound Level. The sound level containing the same total energy as a time varying signal over a given sample period. Leq is typically computed over 1, 8 and 24-hour sample periods. NOTE: The CNEL and DNL represent daily levels of noise exposure averaged on an annual basis, while Leq represents the average noise exposure for a shorter time period, typically one hour. Lmax: The maximum noise level recorded during a noise event. L,,: The sound level exceeded "n" percent of the time during a sample interval (1,90, L50, Lio, etc.). For example, Llo equals the level exceeded 10 percent of the time. BBA FIT r 07-089 Tract No.5914 12-II-07.doc BROWN • B U N T I N ASSOCIATES. INC. A-2 ACOUSTICAL TERMINOLOGY NOISE EXPOSURE CONTOURS: Lines drawn about a noise source indicating constant levels of noise exposure. CNEL and DNL contours are frequently utilized to describe community exposure to noise. NOISE LEVEL REDUCTION (NLR): The noise reduction between indoor and outdoor environments or between two rooms that is the numerical difference, in decibels, of the average sound pressure levels in those areas or rooms. A measurement of"noise level reduction" combines the effect of the transmission loss performance of the structure plus the effect of acoustic absorption present in the receiving room. SEL or SENEL: Sound Exposure Level or Single Event Noise Exposure Level. The level of noise accumulated during a single noise event, such as an aircraft overflight, with reference to a duration of one second. More specifically, it is the time-integrated A-weighted squared sound pressure for a stated time interval or event, based on a reference pressure of 20 micropascals and a reference duration of one second. SOUND LEVEL: The sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise. SOUND TRANSMISSION CLASS (STC): The single-number rating of sound transmission loss for a construction element (window, door, etc.) over a frequency range where speech intelligibility largely occurs. BBA lillr 07-089 Tract No.5914 12-II-07.doc BROWN • BUNTIN ASSOCIATES. INC. E200810000058 CiTY OF FRESNO —ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND FiNDiNG OF CONFORMITY/ AT EC FO N Pursuant to Section 21157.1 of the California Public Resource Code (California Environmental Quality Act) the project described below is determined to be within the FEB 0 5 Z008 scope of the Master Environmental impact Report (MEIR) No. 10130 prepared for th 2025 Fresno General Plan 1- Applicant: Initial Study Prepared By: Provost& Pritchard Engineering Group Inc, Israel Trejo, Planner 286 West Cromwell Avenue February 4, 2008 Fresno, California 93711 Environmental Assessment Number: Project Location (including APN): Rezone Application No. R-07-73 North side of West Herndon Avenue between Conditional Use Permit Application No. C-07-349 North Hayes and West Spruce Avenues Vesting Tentative Tract Map No. 5914/UGM (APN 503-020-51 s) Project Description: Provost & Pritchard Engineering Group Inc., on behalf of the McCaffrey Group, has filed Rezone Application No. R-07-73, Conditional Use Permit Application No. C-07-349 and Vesting Tentative Tract Map No. 5914/UGM pertaining to approximately 9.49 acres of property located on the north side of West Herndon Avenue between North Hayes and West Spruce Avenues. Rezone Application No. R-07-73 proposes to rezone the subject property from the AE-5/EA/UGM (Exclusive Five Acre Agricultural District/Expressway Area Overlay District/Urban Growth Management), the R-1/EA/UGM/CZ (Single Family Residential District/Expressway Area Overlay District/Urban Growth Management/Conditions of Zoning) and the C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area Overlay District/Urban Growth Management) zone districts to the R-2/EA/UGM (Low Density Multiple Family Residential/Expressway Area Overlay District/Urban Growth Management) and the C-P/EA/UGM (Administrative and Professional Office District/Expressway Area Overlay District/Urban Growth Management)zone districts. Conditional Use Permit Application No. C-07-349 is a request to establish a Planned Development for a portion of Vesting Tentative Tract Map No. 5914/UGM, which is a proposal to subdivide approximately 5.11 acres of the subject property into a 38-lot, single family residential subdivision with a density of 7.83 units per acre. The remaining 4.38 acres of the subject property is proposed to be a single C-P/EA/UGM (Administrative and Professional Office DistricdExpressway Area Overlay DistrictlUrban Growth Management) zoned parcel; other than the rezone and vesting tentative tract map applications noted above, no entitlement has been submitted for the development of the remaining 4.38 acres. The subject property is located within the 2025 Fresno General Plan and the Bullard Community Plan, which designate the subject property for medium density residential (4.99-10.37 units per acre) and office commercial planned land uses. Thus, these applications are consistent with the with the planned land uses of medium density residential and office commercial. The subject property is currently vacant, property to the north and south is developed with single family residences, while property to the east and west is vacant. Conformance to Master Environmental Impact Report(MEIR) NO. 10130: The recently adopted 2025 Fresno General Plan and the Bullard Community Plan designate the subject site for medium density residential and office commercial planned land uses. The requested R-2/EA/UGM (Low Density Multiple Family ResidentiaUExpressway Area Overlay District/Urban Growth Managemeno and the C-PIEA/UGM (Administrative and Professional Office District/Expressway Area Overlay DistricUUrban Growth Management) zone districts for the subject property conforms to the medium density residential and office commercial planned land use designations. The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the proposed rezone, conditional use permit and vesting tentative tract map in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan and the related Master Environmental Impact Report (MEIR) No. 10130. The subject property is currently vacant but may be Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. R-07-73/C-07-349/T-5914/UGM February 5, 2008 Page 2 developed at an intensity and scale that is permitted by the planned land use designations and proposed zone district classifications for the site. Thus, the rezone, conditional use permit and vesting tentative tract map applications will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Section 15177(b)(3). Pursuant to Section 21157.1 of the California Public Resources Code, it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the medium density residential and office commercial planned land use designations specified for the subject property. Based on this initial study, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR (as indicated on the attached Environmental Assessment Checklist) for the following reasons. The city's investigation of the site and the project have revealed that there are no unique topographic, soil, or geological conditions at the site that will be impacted by this project, that there are no aspects of this project that will result in impacts to air quality, water supply or quality, plant life or animal life beyond those analyzed in the MEIR. The site is a 9.49 acre parcel located on the north side of West Herndon Avenue between North Hayes and West Spruce Avenues within an urbanized area. There is no evidence that the site contains any habitats for wildlife, unique, rare, or endangered plants or animals, or historic buildings, or historic resources. The project is consistent with the 2025 Fresno General Plan planned land use designation for this site. As such, the MEIR's mitigation measures related to air quality, water, noise, light and glare, transportation and circulation, and urban services have been applied to this project. The Public Works Department/Traffic Engineering Division staff has reviewed the projected traffic yield from the proposed 38-lot single family residential and 1 commercial lot subdivision. The expected traffic generation will not adversely impact the existing level of service (LOS) for Herndon Avenue. However, based on 'the circulation system analysis contained in MEIR No. 10130, the proposed project will contribute slightly to the projected (year 2025) level of service F. There is no evidence that this site is subject to flooding, contains any hazardous materials, or that the project will generate or release hazardous substances beyond those already analyzed by the MEIR, or result in an adverse change in course of flow of flood waters. Finally, this project is located in an urbanized area of the city. As such, there is no evidence that this project will have any visual impacts on any scenic vistas or views. Thus, the scope of the work and impacts to the site and surrounding area were fully analyzed under the MEIR. As a result, (3) no new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR, as explained above. Therefore, the project proposal is within the scope of the MEIR as defined by Section 15177 of the CEQA Guidelines. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Public notice has Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. R-07-73/C-07-349/T-5914/UGM February 5, 2008 Page 3 been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). Darrell Unruh D e Planning Manager, City of Fresno Attachments: Environmental Checklist/initial Study for Environmental Assessment No. R-07-73/C-07-349/T-5914/UGM Mitigation Monitoring Checklist(MEIR) No. 10130 for Environmental Assessment No. R-07-73/C-07-349/T-5914/UGM ENVIRONMENTAL ASSESSMENT(EA) CHECKLIST POTENTIAL ENVIRONMENTAL EFFECTS EA NO. R-07-73/C-07-349/T-5914/UGM 1.0 TOPOGRAPHIC, SOIL, GEOLOGIC 11.0 URBAN SERVICES CONSIDERATIONS 1 11.1 Availability of fire protection 1 1.1 Geologic hazards,unstable soil conditions 1 11.2 Lack of emergency vehicle access 1 1.2 Adverse change in topography or ground surface relief 1 11.3 Adequacy of design for crime prevention 1 1.3 Destruction of unique geologic or physical features 1 11.4 Overcrowding of school facilities 1 1.4 Increased water erosion 1 11.5 Availability of water mains of adequate size 1 11.6 Availability of sewer lines of adequate capacity 2_0 AIR QUALITY 1 11.7 Availability of storm water drainage facilities (on or 1 2.1 Substantial indirect source of pollution off site) 1 2.2 Direct on-site pollution generation 1 11.8 Availability of adequate park and recreation areas 1 2.3 Generation of objectionable odors 1 11.9 Unusually high solid waste generation 1 2.4 Generation of dust except during construction 1 2.5 Adverse local climatic changes 12.0 HAZARDS 1 12.1 Risk of explosion or release of hazardous 3.0 WATER substances 1 3.1 Insufficient ground water available for long-term project 1 12.2 Site subject to flooding use 1 12.3 Adverse change in course of flow of flood waters 1 3.2 Use of large quantities of ground water 1 12.4 Potential hazards from aircraft accidents 1 3.3 Wasteful use of ground water 1 12.5 Potential hazards from landfill and/or toxic waste 1 3.4 Pollution of surface or ground water supplies sites 1 3.5 Reduction in ground water recharge 13.0 AESTHETICS 4_0 PLANT LIFE 1 13.1 Obstruction to public or scenic vista or view 1 4.1 Reduction of the numbers of any unique, rare or 1 13.2 Creation of aesthetically offensive conditions endangered species 1 13.3 Removal of street trees or other valuable 1 4.2 Reduction in acreage of agricultural crop vegetation 1 4.3 Premature or unnecessary conversion of prime 1 13.4 Architectural incompatibility with surrounding area agricultural land 14.0 HISTORICAL/ARCHAEOLOGICAL 5_0 ANIMAL LIFE 1 14.1 Removal of historic building, disruption of 1 5.1 Reduction in the numbers of any rare, unique or archaeological site endangered species 1 14.2 Construction or activity incompatible with adjacent 1 5.2 Deterioration or displacement of valuable wildlife habitat historic site 6.0 HUMAN HEALTH 15.0 ENERGY 1 15.1 Use of substantial amounts of energy or fuel 7_0 NOISE 1 15.2 Substantial increase in demand upon existing 1 7.1 Increases in existing noise levels sources of energy 1 7.2 Exposure to high noise levels 1 15.3 Wasteful use of energy 8.0 LIGHT AND GLARE EXPLANATION OF RATINGS 1 8.1 Production of glare which will adversely affect residential areas "0" Insufficient Information 1 8.2 Exposure of residences to high levels of glare Insufficient information is available to determine the potential environmental effects which may result from the 9.0 LAND USE proposed project in this category. 1 9.1 Incompatibility with adopted plans and policies 1 9.2 Acceleration of growth rate "1" No significant Environmental Effect 1 9.3 Induces unplanned growth The proposed project will not have an adverse 1 9.4 Adverse change in existing or planned area environmental effect in this category, or any such effect is characteristics not substantially unusual or of undesirable magnitude. This rating is also utilized in cases where the category is 10.0 TRANSPORTATION AND CIRCULATION not applicable to the particular project under consideration. 1 10.1 Generation of vehicle traffic sufficient to cause capacity "2" Moderate Environmental Effect deficiencies on existing street system The proposed project will have an adverse environmental 1 10.2 Cumulative increase in traffic on a major street for which effect in this category, which is of sufficient magnitude to capacity deficiencies are projected 1 10.3 Specific traffic hazard to motorists, bicyclists, be of specific concern. 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