HomeMy WebLinkAboutT-5945 - Conditions of Approval - 3/17/2014 City of
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g Development & Resource Management Department
2600 Fresno Street- Third Floor Jennifer K. Clark
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559)498-1012
March 12, 2014 Please reply to:
Israel Trejo
(559)621-8044
Gary Giannetta
Civil Engineering and Land Surveying
1119 "S" Street
Fresno, California 93721
Dear Applicant:
SUBJECT: ACTION BY THE FRESNO CITY PLANNING COMMISSION REGARDING VESTING
TENTATIVE TRACT NO 5945/UGM AND CONDITIONAL USE PERMIT NO. C-13-138
FOR PROPERTY LOCATED WITHIN THE COPPER RIVER RANCH MASTER PLANNED
COMMUNITY
(APN: 579-090-23)
At its regular scheduled meeting on January 29, 2014,the City of Fresno Planning Commission approved
the following regarding the above-referenced applications:
1. Approved the environmental finding of Environmental Assessment No. C-13-138/T-5945 dated
December 27, 2013, that the project conforms to the provisions of the 2025 Fresno General Plan
Master Environmental Impact Report (MEIR No. 10130) and Mitigated Negative Declaration
prepared for Plan Amendment A-09-02(Air Quality MND), and the Program EIR No. 10126 related
to the Copper River Ranch Project.
2. Approved Vesting Tentative Tract Map No. 5945/UGM requesting to subdivide approximately 11.80
acres into a 152-lot single family residential subdivision.
3. Approved Conditional Use Permit No. C-13-138 proposing a 152-lot single family residential
planned development with modified property development standards.
Enclosed is a copy of the Planning Commission Resolutions regarding the vesting tentative tract map and
conditional use permit applications.
If you have any questions regarding these items please contact me at the number listed above or via email
at Israel.Trejo@fresno.gov.
Sincerely,
PLANNING DIVISION
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Enclosures: Planning Commission Resolution No. 13267 [CUP]
Planning Commission Resolution No. 13268 [Tract]
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13267
The Fresno City Planning Commission, at its regular meeting on January 29, 2014,
adopted the following resolution relating to Conditional Use Permit Application No.
C-13-138.
CONDITIONAL USE REQUESTED: 152-lot single family residential planned
development subdivision with modified property
development standards, including lot size, lot
coverage and setback requirements
PROPERTY LOCATION: Located on the northwest corner of North Cedar
and East Copper Avenue within the Copper River
Ranch Master Planned Community
PROPERTY DESCRIPTION: Approximately 11.80 acres
(APN: 579-090-23)
EXISTING/PROPOSED ZONING: R-2/UGM/CZ (Low Density Multiple Family
Residential District IUrban Growth
Management/Conditions of Zoning)
WHEREAS, Conditional Use Permit Application No. C-13-138 has been filed with the City
of Fresno by Gary G. Giannetta., on behalf of Copper River Ranch, LLC., for
approximately 11.80 acres of property located on the northwest corner of North Cedar and
East Copper Avenue within the Copper River Ranch Master Planned Community; and,
WHEREAS, Conditional Use Permit Application No. C-13-138 seeks authorization for the
development of a planned development which includes modified property development
standards, including lot size, lot coverage and setback requirements; and,
WHEREAS, on January 29, 2014, 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 Woodward Park Community Plan; and,
WHEREAS, the Commission conducted a public hearing to review the proposed
conditional use permit application and considered the Development and Resource
Management Department's report recommending approval of the proposed conditional use
permit application subject to special permit conditions; 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,
PLANNING COMMISSION RESOLUTION No. 13267
Conditional Use Permit Application No. C-13-138
January 29, 2014
Page 2
WHEREAS, the Fresno City Planning Commission invited testimony with respect to the
proposed conditional use permit application; and,
WHEREAS, one person spoke in opposition to the project at the Commission hearing; said
person felt that there should be a greater distance between the proposed swimming pool
and the abutting single-family residences abutting to the north; 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
Conditional Use Permit Application No. C-13-138 may have additional significant effects on
the environment that were not identified in the 2025 Fresno General Plan Master
Environmental Impact Report (MEIR) No. 10130 and Mitigated Negative Declaration No.
A-09-02 (Air Quality MND) and the Program EIR No. 10126 related to the Copper River
Ranch Project; and hereby adopts the Finding of Conformity prepared for Environmental
Assessment No. C-13-138/T-5945 dated December 27, 2013 for the proposed project.
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 the Fresno City Planning Commission hereby approves
Conditional Use Permit Application No. C-13-138 authorizing the development of a planned
development, which includes modified property development standards, including lot size,
lot coverage and setback requirements, subject to the Development and Resource
Management Department Conditions of Approval dated January 29, 2014, and the
following modification:
1. Condition of Approval Part E (a) for Conditional Use Permit Application No. C-13-
138 — Regarding the Public Utilities, Water Division, letter dated January 22, 2014,
strike out the fourth bullet point on the third page and replace it with the following
language: To the furthest extent allowed by law, the Homeowner's Association shall
indemnify, hold harmless and defend CITY and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage) incurred
by CITY, Homeowner's Association or any other person, and from any and all
claims, demands and actions in law or equity(including attorney's fees and litigation
expenses), arising or alleged to have arisen directly or indirectly out of CITY's
maintenance, repair or replacement of utilities or related replacement of asphalt or
street or other improvements. Homeowner's Association's obligations under the
PLANNING COMMISSION RESOLUTION No. 13267
Conditional Use Permit Application No. C-13-138
January 29, 2014
Page 3
preceding sentence shall apply regardless of whether CITY or any of its officers,
officials, employees, agents or volunteers are passively negligent, but shall not
apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by
the active or sole negligence, or the willful misconduct, of CITY or any of its officers,
officials, employees, agents or volunteers.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a
motion by Commissioner Hansen-Smith, seconded by Commissioner Torrosian (vice
chair).
VOTING: Ayes - Hansen-Smith, Torrosian (vice chair), Medina, Reed,
Holt (chair)
Noes - Vasquez
Not Voting - None
Absent - None
DATED: January 29, 2014 jJE NIF R K. CLARK, Secretary
sno City Planning Commission
Resolution No. 13267
Conditional Use Permit Application No.
C-13-138
Filed by Gary G. Giannetta on behalf of
Copper River Ranch, LLC.
Action: Approve
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13268
The Fresno City Planning Commission at its regular meeting on January 29, 2014, 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. 5945/UGM was filed with the City of Fresno
and proposes to subdivide the subject property into a 152-lot single family residential
planned development subdivision on approximately 11.80 acres, located on the northwest
corner of North Cedar and East Copper Avenue, within the Copper River Ranch Master
Planned Community; and,
WHEREAS, on January 29, 2014, the Commission received a staff report and related
information, environmental documents and considered testimony regarding the requested
subdivision; and,
WHEREAS,the Development and Resource Management Department staff recommended
approval of the proposed project subject to the conditions of approval contained in the staff
report dated January 29, 2014; and,
WHEREAS, one person spoke in opposition to the project at the Commission hearing; said
person felt that there should be a greater distance between the proposed swimming pool
and the abutting single-family residences abutting to the north; and,
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby
finds and determines that there is no substantial evidence in the record to indicate that the
vesting tentative tract map may have a significant effect on the environment as identified by
the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact
Report (MEIR No. 10130) and Mitigated Negative Declaration No. A-09-02 and the
Program EIR No. 10126 related to the Copper River Ranch Project dated December 27,
2013, prepared for Environmental Assessment No. C-13-138/T-5945.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that
approval of the Vesting Tentative Tract Map No. 5945/UGM, is consistent with the adopted
2025 Fresno General Plan and Woodward Park Community Plan and the findings required
pursuant to Section 66410 et. seq. of the California Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves
the Vesting Tentative Tract Map No. 5945/UGM, subject to the Development and Resource
Management Department Conditions of Approval dated January 29, 2014, and the
following modification:
1. Condition of Approval No. 50 for Vestinq Tentative Tract Map No. 5945/UGM —
Regarding the Public Utilities, Water Division, letter dated January 22, 2014, strike
out the fourth bullet point on the third page and replace it with the following
language: To the furthest extent allowed by law, the Homeowner's Association shall
Planning Commission Resolution No. 13268
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 2
indemnify, hold harmless and defend CITY and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage) incurred
by CITY, Homeowner's Association or any other person, and from any and all
claims, demands and actions in law or equity(including attorney's fees and litigation
expenses), arising or alleged to have arisen directly or indirectly out of CITY's
maintenance, repair or replacement of utilities or related replacement of asphalt or
street or other improvements. Homeowner's Association's obligations under the
preceding sentence shall apply regardless of whether CITY or any of its officers,
officials, employees, agents or volunteers are passively negligent, but shall not
apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by
the active or sole negligence, or the willful misconduct, of CITY or any of its officers,
officials, employees, agents or volunteers.
The foregoing Resolution was adopted by the Fresno City Planning Commission upon a
motion by Commissioner Hansen-Smith, seconded by Commissioner Torrosian (vice
chair).
VOTING: Ayes - Hansen-Smith, Torrosian (vice chair), Medina, Reed,
Holt (chair)
Noes - Vasquez
Not Voting - None
Absent - None
l4Z_e4J_
DATED: January 29, 2014 4Fe
R K. CLARK, Secretary
ity Planning Commission
Resolution No. 13268
Vesting Tentative Tract Map No.
5945/UGM
Filed by Gary G. Giannetta on behalf of
Copper River Ranch, LLC.
Action: Approve
City
o1 -\'/' REPORT TO THE PLANNING COMMISSION
rRnEDIV14 AGENDA ITEM NO. VIII-A
COMMISSION MEETING 1/29/14
January 29, 2014
APPROVED BY
f
DEPA T R C, OR
FROM: MIKE SANCHEZ, Planning Manag
Development Services Division
THROUGH: WILL TACKETT, Supervising Planner
Development Services Division
BY: ISRAEL TREJO, Planner
Development Services Division
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-13-
138, VESTING TENTATIVE TRACT MAP NO. 5945/UGM AND RELATED
ENVIRONMENTAL ASSESSMENT NO. C-13-138/T-5945, LOCATED WITHIN THE
COPPER RIVER RANCH PLANNED COMMUNITY
RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
1. APPROVE the Finding of Conformity to the 2025 Fresno General Plan Master
Environmental Impact Report (MEIR) No. 10130 and Mitigated Negative Declaration
prepared for Plan Amendment A-09-02 (Air Quality MND) and to the Program EIR No.
10126 related to the Copper River Ranch Project, prepared for Environmental Assessment
No. C-13-138/T-5945 dated December 27, 2013.
2. APPROVE Conditional Use Permit Application No. C-13-138 subject to compliance with the
Conditions of Approval dated January 29, 2014.
3. APPROVE Vesting Tentative Tract Map No. 5945/UGM subject to compliance with the
Conditions of Approval dated January 29, 2014.
EXECUTIVE SUMMARY
Gary Giannetta, on behalf of Copper River Ranch, LLC, has filed Vesting Tentative Tract Map
No. 5945/UGM and Conditional Use Permit Application No. C-13-138 pertaining to
approximately 11.80 acres of property located on the northwest corner of North Cedar and East
Copper Avenue, within the Copper River Ranch Planned Community. Vesting Tentative Tract
Map No. 5945/UGM proposes to subdivide the subject property into a 152-lot single family
residential planned development subdivision with two outlots. One outlot is proposed to be
developed with a community building and swirriming pool while the other outlot will used as a
private street. Conditional Use Permit Application No. C-13-138 is a request to establish a
gated private street planned development, which proposes to establish modified property
development standards, including lot size, lot coverage and setback requirements.
The subject property is located within the 2025 Fresno General Plan and the Woodward Park
Community Plan, both plans designate the subject site for medium high (10.38 to 18.15 dwelling
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-13-138
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 2
units per acre) density residential planned land uses. Vesting Tentative Tract Map
No. 5945/UGM proposes a 152-lot single family residential planned development subdivision on
approximately 11.80 acres at a density of 12.88 dwelling units per acre. The Copper River
Ranch Planned Community was approved with blended densities that involved both single and
multiple family residential development with an overall residential unit restriction of 2837 units.
Based upon the submitted subdivision design, the proposed subdivision can be found consistent
with the medium high density residential planned land uses for the subject property pursuant to
the 2025 Fresno General Plan. Thus, the subject applications are consistent with the planned
land uses and zoning approved for the project site and will implement goals, objectives, and
policies of the 2025 Fresno General Plan and the Woodward Park Community Plan.
PROJECT INFORMATION
PROJECT A 152-lot, single family residential subdivision to be
developed at a density of 12.88 dwelling units per acre with
two outlots. One outlot is proposed to be developed with a
community building and swimming pool while the other outlot
will be used as a private street. The project proposes to
develope attached single-family residences with modified
property development standards, including lot size, lot
coverage and setback requirements
APPLICANT Gary Giannetta on behalf of Copper River Ranch, LLC
LOCATION Located on the northwest corner of North Cedar and East
Copper Avenue, within the Copper River Ranch Planned
Community
(Council District 6, Councilmember Brand)
SITE SIZE Approximately 11.80 acres
LAND USE Existing - Vacant
Proposed - Single family residential (attached units)
ZONING Existing - R-2/UGM/cz (Low Density Multiple Family
Residential District/Urban Growth
Manage men t/conditions of zoning)
Proposed- No change
PLAN DESIGNATION The proposed 152-lot single family residential subdivision is
AND CONSISTENCY consistent with the 2025 Fresno General Plan and Woodward
Park Community Plan designation of the site for medium high
density residential planned land uses
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-13-138
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 3
ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master
FINDING Environmental Impact Report (MEIR) No. 10130 and Mitigated
Negative Declaration No. A-09-02 and to the Program EIR No.
10126 related to the Copper River Ranch Project, dated
December 27, 2013
PLAN COMMITTEE The Copper River Ranch Planned Community was
RECOMMENDATION recommended for approval on October 11, 2004, by the
Northeast Area Plan and Implementation Committee
STAFF Approve the vesting tentative tract map and conditional use
RECOMMENDATION permit applications subject to compliance with the Conditions of
Approval for T-5945/UGM and for C-13-138 dated January 29,
2014
BORDERING PROPERTY INFORMATION
Planned Land Existing Zoning Existing Land Use
Use
R-1/EA/UGM/cz
Medium Single Family Residential
North Density District/Expressway Area Over/ay Single-family Residences
Residential District/Urban Growth
Management/conditions of zoning
AE-5/UGM/cz
East Public Facility Exclusive Five Acre Agricultural ponding Basin
District/Urban Growth
Management/conditions of zoning
Open Space R-1/UGM
South — Ponding Single Family Residential Ponding Basin
Basin District/Expressway Area Overlay
District/Urban Growth Management
R-3/UGM
West High Density Medium Density Multiple Family Vacant
Residential Residential District/Urban Growth
Management
ENVIRONMENTAL FINDING
Development and Resource Management Department staff has prepared an initial study and
environmental checklist and evaluated the proposed development in accordance with the land
use and environmental policies and provisions of the 2025 Fresno General Plan, the related
Master Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097), and Mitigated
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-13-138
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 4
Negative Declaration (MND) No. A-09-02 (SCH # 2009051016) and to the Program EIR No.
10126 (SCH # 2000021003) related to the Copper River Ranch Project. The subject property
has been proposed to be developed at an intensity and scale that is permitted by the Medium
High Density Residential (10.38 to 18.15 dwelling units per acre) planned land use designation
and R-2/UGM/cz (Low Density Multiple Family Residential/Urban Growth
Management/conditions of zoning) zone district classification for the subject site. The Copper
River Ranch Planned Community was approved with blended densities that involved both single
and multiple family residential development with an overall residential unit restriction of 2837
units. Thus, the subdivision of the subject property in accordance with the Vesting Tentative
Tract Map No. 5945/UGM and Conditional Use Permit No. C-13-138 will not facilitate an
additional intensification of uses beyond that which already exists or would be allowed by the
above-noted planned land use designations. 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 and MND No. A-09-02 and the Program EIR No. 10126
related to the Copper River Ranch Project 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 and MND No.
A-09-02 and Program EIR No. 10126 as provided by CEQA Section 15177(b)(3).
Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental
Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant
to Section 21157(b)(2) of the Public Resources 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 the 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 High Density
Residential planned land use designation specified for the subject property. Based on the initial
study prepared, 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
or MND No. A-09-02 (as indicated on the attached Environmental Assessment Checklist) or the
Program EIR No. 10126 related to the Copper River Ranch Project for the reasons discussed
within the environmental assessment for the subject project; and, (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 or MND or the Program
EIR No. 10126 related to the Copper River Ranch Project.
Therefore, the project proposal has been determined to be within the scope of the IVIEIR, MND
and Program EIR as defined by Section 15177 of the CEQA Guidelines and staff has properly
published a Finding of Conformity to MEIR No. 10130 dated December 27, 2013, with no
comments received to date. In addition, after conducting a review of the adequacy of the MEIR
pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource
Management Department, as lead agency, finds that no substantial changes have occurred with
respect to the circumstances under which the MEIR was certified and the MND adopted; and,
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-13-138
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 5
that no new information, which was not know and could not have been known at the time that
the NIEIR was certified as complete or the MND was adopted, has become available.
BACKGROUND / ANALYSIS
Gary Giannetta, on behalf of Copper River Ranch, LLC, has filed Vesting Tentative Tract Map
No. 5945/UGM and Conditional Use Permit Application No. C-13-138 pertaining to
approximately 11.80 acres of property located on the northwest corner of North Cedar and East
Copper Avenue, within the Copper River Ranch Planned Community. Vesting Tentative Tract
Map No. 5945/UGM proposes to subdivide the subject property into a 152-lot single family
residential planned development subdivision with two outlots. One outlot is proposed to be
developed with a community building and swimming pool while the other outlot will used as a
private street. Conditional Use Permit Application No. C-13-138 is a request to establish a
gated private street planned development, which proposes to establish modified property
development standards, including lot size, lot coverage and setback requirements.
The subject property is located within the 2025 Fresno General Plan and the Woodward Park
Community Plan, both plans designate the subject site for medium high (10.38 to 18.15 dwelling
units per acre) density residential planned land uses. Vesting Tentative Tract Map
No. 5945/UGM proposes a 152-lot single family residential planned development subdivision on
approximately 11.80 acres at a density of 12.88 dwelling units per acre. The Copper River
Ranch Planned Community was approved with blended densities that involved both single and
multiple family residential development with an overall residential unit restriction of 2837 units.
Based upon the submitted subdivision design, the proposed subdivision can be found consistent
with the medium high density residential planned land uses for the subject property pursuant to
the 2025 Fresno General Plan. Thus, the subject applications are consistent with the planned
land uses and zoning approved for the project site and will implement goals, objectives, and
policies of the 2025 Fresno General Plan and the Woodward Park Community Plan.
Conditional Use Permit Application (CUP)
In addition to submitting a vesting tentative tract map, the applicant has submitted Conditional
Use Permit Application No. C-13-138. Pursuant to Section 12-306-N-21 of the FMC, a CUP is
required in order to create a planned development. As part of the CUP, an applicant may
request a modification of development standards. Conditional Use Permit Application No. C-13-
138 is a request to establish a Planned Development, which proposes to establish modified
property development standards, including lot size, lot coverage and yard requirements.
Two outlots will be created with the subdivision of the subject property; one outlot is proposed to
be developed with a community building and swimming pool while the other outlot will be used
as a private street.
The applicant is proposing to develope attached single-family residences with reduced yards,
specifically, the applicant to proposing to build at or near the front, rear and side property lines.
The standard yards within the R-2 (Low Density Multiple Family Residential District) zone district
are a 20 foot front yard, 5 foot side yard and 20 foot rear yard. The applicant is also proposing
an increase in lot coverage; approximately 80% of a lot will be developed with a structure.
Standard lot coverage in the R-2 zone district is 50%. Lots within planned developments may
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-13-138
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 6
have modified lot widths, depths and areas. The proposed lots range in size from 1,740-1980
square feet. The typical standard in the R-2 zone district is 6,000 square feet.
Streets and Access Points
The Public Works Department, Traffic Engineering Division has reviewed the proposed project
and potential traffic related impacts for the proposed applications and has determined that the
streets adjacent to and near the subject site will be able to accommodate the quantity and kind
of traffic which may be potentially generated subject to the requirements stipulated within the
memoranda from the Traffic Engineering Division dated December 9, 2013. These requirements
generally include: (1) The provision of a minimum two points of vehicular access to major
streets for any phase of the development; (2) Street improvements, (including, but not limited to,
construction of concrete curbs, gutters, pavement, underground street lighting systems; and,
(3) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation
Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and Copper River Ranch
Associated Fees.
Sidewalks
Pursuant to the requirements of City Council Resolution No. 2010-280 all planned
developments shall have sidewalks constructed on both sides of a private residential street or
as otherwise provided by a pedestrian access plan, in accordance with updated Policy E-1 of
the 2025 Fresno General Plan. Rather than providing sidewalks on both sides of the private
street, the applicant is proposing to have internal walks and pedestrian paths within the
subdivision.
Landscaping/Walls/Open Space
A bicycle/pedestrian trail and a minimum six-foot high wall is required along East Copper
Avenue site. Additionally, staff has required the applicant to provide dense landscaping and a
minimum six-foot high wall along the north property line to act as a buffer between the existing
single-family residences to the north. Outlot A is proposed to be developed with a community
building and swimming pool. It is noted that a 2.6 acre park within the Copper River Ranch
Community is located within approximately 0.25 mile from the subject site.
Pedestrian Accessway/Trail
Staff has required the applicant to provide a minimum of two pedestrian access points to
connect to the planned pedestrian/bike trail located along East Copper Avenue. The access
points will promote walking in and around the neighborhood; and will provide connectivity to the
bicycle/pedestrian trail located along the southern boundary of the tract.
Community Plan Citizen Committees
The Copper River Ranch Planned Community was recommended for approval on October 11,
2004, by the Northeast Area Plan and Implementation Committee.
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-13-138
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 7
Public Services
The Public Utilities Department has identified sewer and water requirements for this project.
These conditions are listed in the memoranda dated November 19, 2013 and January 14, 2014,
respectively. It should be noted that a tertiary wastewater treatment facility within the Copper
River Ranch project will accommodate the wastewater flow from this project.
The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be
accommodated by the district. The project applicant shall comply with the FNIFCD requirements
as detailed in its memorandum dated December 18, 2013.
Notice of Planning Commission Hearing
The Development and Resource Management Department mailed notices of this Planning
Commission hearing to surrounding property owners within 350 feet of the subject property,
pursuant to Section 12-401-C-2 of the Fresno Municipal Code.
Conditional Use Permit Application Findings (Planned Development)
Conditional Use Permit Application No. C-13-138 proposes the development of a 152-lot single
family residential planned development. The planned development will provide modified
property development standards. Based upon analysis of the conditional use permit application
and subject to the applicant's compliance with the Conditions of Approval dated January 29,
2014, 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-13-138 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 site is vacant and with the adoption of the 2025 Fresno General Plan, the city analyzed the
impacts of converting vacant land into urban uses and determined that it is necessary to convert
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-13-138
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 8
land within the sphere of influence in an attempt to provide housing, growth, employment
opportunities, etc. The Development and Resource Management Department has determined
that the proposed use will not be detrimental to the public welfare or be injurious to property or
improvements in the area in which the property is located if developed in accordance with the
various conditions/requirements established through the related vesting tentative tract map
application review and conditional use permit application review processes.
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 and the Woodward Park Community Plan, because the
plans designate the site for medium high density residential planned land uses and the
project design meets the density and zoning ordinance criteria for development.
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; and,
that development shall occur in accordance with adopted standards, goals, objectives, and
policies for development in the City of Fresno.
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 the area is not known to contain any unique or endangered species and 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.
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-13-138
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 9
The subdivision map, based on the required findings for approval and subject to the
recommended conditions of approval, and the standards and policies of the 2025 Fresno
General Plan and Woodward Park Community Plan, complies with applicable zoning and
subdivision requirements. Based upon the plans and information submitted by the applicant
and the recommended conditions of project approval, staff has determined that these findings
can be made.
Planning Commission action of the proposed Vesting Tentative Tract Map and Conditional Use
Permit, unless appealed to the Council, is final.
CONCLUSION / RECOMMENDATION
The appropriateness of the proposed project has been examined with respect to its consistency
with goals and policies of the 2025 Fresno General Plan and the Woodward Park Community
Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or
mitigation of potentially significant adverse environmental impacts. These factors have been
evaluated as described above and by the accompanying environmental assessment. Upon
consideration of this evaluation, it can be concluded that the Vesting Tentative Tract Map No.
5945/UGM and Conditional Use Permit No. C-13-138 are appropriate for the project site.
Attachments: 2013 Aerial Photograph of Site
Proposed Vesting Tentative Tract Map No. 5945/UGM dated September 19,
2013
Proposed Site plan for Conditional Use Permit Application No. C-13-138
dated September 19, 2013
Proposed Floor plan for Conditional Use Permit Application No. C-13-138
dated September 19, 2013
Proposed Elevations for Conditional Use Permit Application No. C-13-138
dated September 19, 2013
Conditions of Approval for T-5945/UGM dated January 29, 2014
Conditions of Approval for CUP Application No. C-13-138 dated January 29,
2014
Comments and Requirements from Responsible Agencies
Environmental Assessment No. T-5963/C-09-275, Finding of Conformity to
the 2025 Fresno General Plan MEIR No. 10130 and Mitigated Negative
Declaration for Plan Amendment A-09-02 and to the Program EIR No.
10126 related to the Copper River Ranch Project dated December 27,
2013
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CITY OF FRESNO
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
CONDITIONS OF APPROVAL
JANUARY 29,2014
VESTING TENTATIVE TRACT MAP NO. 5945/UGM
Located at the northwest corner of North Cedar and East Copper Avenues, within the
Copper River Ranch Planned Community
All vesting tentative maps are subject to the applicable provisions of the State Subdivision Map
Act, Fresno Municipal Code, City policies, and City of Fresno Standard Specifications. The
following specific conditions are applicable to this vesting tentative tract map.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of
fees, dedications, reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or
within 90 days after the date of the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
The subdivider of property located within the UGM boundaries shall comply with all sewer, water
and street requirements and pay all applicable UGM fees imposed under the Urban Growth
Management process (with appropriate credit given for the installation of required UGM
improvements) in accordance with the requirements of State Law as related to tentative tract
maps.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 5945/UGM, a Planned
Development dated September 19, 2013, the subdivider may prepare a Final Map in
accordance with the approved vesting tentative map and Conditional Use Permit No.
C-13-138 which establishes a planned development for the subject property.
2. Submit grading plans and a soils report to the City of Fresno Development and
Resource Management Department for verification prior to Final Map approval
(Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading
plans shall indicate the location of any required walls and indicate the proposed width of
required landscape easements or strips. Approval of the grading plan is required prior to
Final Map approval.
3. At the time of Final Map submittal, the subdivider shall submit engineered construction
plans to the City of Fresno Public Works, Public Utilities, and Planning and Development
Departments for grading, public sanitary sewer system, public water system, street
lighting system, public streets, and storm drainage, including other technical reports and
Conditions of Approval
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 2
engineered plans as necessary to construct the required public improvements and work
and applicable processing fees.
4. Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved, the
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated
to the City of Fresno. Public utility easements beyond the limits of the Final Map, but
required as a condition of development, shall be acquired at the subdivider's cost and
shall be dedicated by separate instrument at the time of Final Map approval. The
relocation of existing utilities necessitated by the required public improvements shall be
paid for by the subdivider. The subdivider is responsible to contact the appropriate utility
company for information.
6. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No.
68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard
Specifications, 2002 Edition, and any amendments thereto.
7. The developer/owner shall pay applicable fees for, but not limited to, plan checks for
street improvements and other grading and construction; street trees, street signs, water
and sewer service, and inspections in accordance with the City of Fresno Master Fee
Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State law
as related to vesting tentative maps.
8. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall
complete all the public improvements prior to the approval of the Final Map by the City.
If, at the time of Final Map approval, any public improvements have not been completed
and accepted in accordance with the standards of the City, the subdivider may elect to
enter into an agreement with the City to thereafter guarantee the completion of the
improvements.
9. As a condition of Final Map approval, the subdivider shall furnish to the City a
subdivision guarantee listing all parties having any right, title or interest and the nature of
their interest per State law.
10. It shall be required that you file an updated Exhibit Seven titled "Land Use, Density and
Parcel Identification Matrix" relative to Conditional Use Permit Application No. C-04-153.
The Copper River Ranch Planned Community was approved with blended densities that
involved both single and multiple family residential development with an overall
residential unit restriction of 2837 units. Provide an exhibit showing approved and future
development which does not exceed 2837 units.
Conditions of Approval
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 3
11. Vesting Tentative Tract Map No. 5945/UGM is subject to approval of related Conditional
Use Permit No. C-13-138.
12. Conditional Use Permit Application No. C-13-138, filed to establish a 152-lot planned
development shall be approved prior to final map approval.
13. Conditions of zoning were placed on the site in 2003 with approval of Rezone
Application No. R-01-14 (Copper River Ranch rezone). This application is subject to
compliance with the mitigation measures established by the certification of Final
Environmental Impact Report No. 10126 (SCH No. 2000021003) prepared for Copper
River Ranch.
GENERAL INFORMATION
14. 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.
15. The long term maintenance of all the items listed below is the ultimate responsibility of
the owner/developer.
a) The property owner shall be responsible for providing for the maintenance of all
landscaping and hardscaping located within proposed Outlots associated with the
proposed project.
b) The property owner shall be responsible for providing for the maintenance of all
landscaping and hardscaping located in any entry median island or traffic medians
located within the project.
c) The property owner shall be responsible for providing for the maintenance of the
curbs and gutters, valley gutter, sidewalks, street lights and street signage within any
local public street rights-of-way associated with the project.
d) The property owner shall be responsible for providing for the maintenance of all
street trees within any local public street rights-of-way associated with the project.
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 Community
Facilities District. The property owners may petition the City for annexation to the City's
Community Facilities District prior to Final Map approval.
17. If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District, the subdivider/owner shall be required to provide the City of Fresno,
Department of Public Works, with copies of signed acknowledgments from each
purchaser of a lot within the subdivision, attesting to the purchasers understanding that
the lot will have an annual maintenance assessment and that he/she is aware of the
estimated amount of the assessment. The subdivider/owner shall execute and record a
Conditions of Approval
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 4
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/subdivider shall create a homeowners
association for the maintenance of these items and proposed private streets, utilities,
and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions
(CC&Rs) and the proposed instruments for the homeowners association shall be
submitted to the Planning and Development Department for review two weeks prior to
Final Map approval. Said documents shall be recorded with the Final Map or
alternatively submit recorded documents or documents for recording prior to final
acceptance of subdivision improvements. Said documents shall include assignment of
responsibility to the homeowners association for landscaping and other provisions as
stated in the Planning and Development Department Guidelines for preparation of
CC&Rs dated January 11, 1985.
19. Improvement plans for all required landscaping and irrigation systems to the Planning
and Development Department for review prior to Final Map approval.
Sidewalks (Pedestrian Access Plan)
20. Pursuant to the requirements of City Council Resolution No. 2010-280 all planned
developments shall have sidewalks constructed on both sides of a private residential
street or as otherwise provided by a pedestrian access plan, in accordance with updated
Policy E-1 of the 2025 Fresno General Plan. The developer has proposed to provide a
pedestrian access plan to comply with the Resolution noted above. Make the red-line
adjustments/corrections to the access plan as noted on Site Plan Exhibit A-1
dated September 19, 2013.
Pedestrian Access to Bicycle/Pedestrian trail
21. Provide a minimum of two pedestrian access points (near lots 116-117 and lots 70-71)
along the southern boundary of the project site to connect to the multi-purpose trail aong
East Copper Avenue.
Walls/Fences/Landscaping
22. The subdivider/owner shall construct a minimum 6 foot high solid wall along East Copper
Avenue. Depict the wall (and height) on Exhibit A-1 (site plan) dated September 19,
2013, for C-13-138.
23. Provide a corner cut-off area at all street intersections in accordance with Section
12-306-H-3-d of the Fresno Municipal Code. Corner cut-offs are established to provide
an unobstructed view for vehicular and pedestrian traffic approaching an intersection.
They are a triangular area formed by the property lines and a diagonal line adjoining
points on the property lines, measured a specific distance from the point of their
intersection. At the intersections of streets, this distance is 30 feet.
24. Provide a bicycle and pedestrian trail (and irrigation system) along East Copper Avenue
as required by the 2025 Fresno General Plan.
Conditions of Approval
Vesting Tentative Tract Map No. 59451UGM
January 29, 2014
Page 5
Lot Dimensions
25. Lot dimensions shall match those depicted on "Exhibit A," dated September 19, 2013, for
Vesting Tentative Tract Map No. 5945/UGM, excepting changes as required per the
conditions of approval.
Building Setbacks
26. Building setbacks shall be in accordance with exhibit "A-1" (site plan) for C-13-138 dated
September 19, 2013.
INFORMATION
27. Prior to the issuance of building permits for the subdivision, school construction fees
shall be paid to the Clovis Unified School District in accordance with the school district's
adopted schedule of fees.
28. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
a) It is recommended that at least 6 months prior to the first occupancy, the Developer
shall contact the local United States Postal Service representative to complete a
Mode of Delivery Agreement for New Construction. The Mode of Delivery
Agreement must have a District approval signature to be valid. In addition to
completing the Agreement, the Developer shall provide a final map (with address
details) to the local USPS representative. The Developer shall, at their own
expense, procure, construct and install all mail receptacle facilities for each location
as specified and approved by the USPS.
29. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the
subdivider to file multiple Final Maps shall not limit the authority of the local agency to
impose reasonable conditions relating to the filing of multiple Final Maps," multiple final
maps filed by the subdivider on this tract shall fully and independently conform to all
provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real
Property.
30. The developer/owner shall obtain any and all permits required for the removal or
demolition of any existing building or structure located within the subdivision boundaries.
The developer/owner shall also obtain any and all permits required for the proper
abandonment/closure of any existing water well, septic tank/leach field or cesspool, and
irrigation pipeline on the subject property. All such permits shall be obtained prior to
commencement of tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
31. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
32. 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
Conditions of Approval
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 6
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.
33. 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.
34. 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.
35. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Pollution
Control District for the control of particulate matter and fugitive dust during construction
of this project.
36. 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).
PARK SERVICE
37. Comply with the memorandum from the Public Works Department dated November 14,
2013.
Conditions of Approval
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 7
COMMUNITY FACILITIES DISTRICT
38. Comply with the memorandum from the Public Works Department dated December 2,
2013.
FIRE SERVICE
39. Comply with the memorandum from the Fire Department dated December 6, 2013.
SOLID WASTE SERVICE
40. Comply with the memorandum from the Solid Waste Division dated December 10, 2013.
STREETS AND RIGHTS-OF-WAY
41. 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.
42. The subdivider/owner shall make provisions for disabled persons in accordance with the
Department of Public Works standards and as required by State law. Handicap access
ramps are required to be constructed in sidewalks at all corners within the limits of the
tract. Where street furniture is located within the sidewalk area (fire hydrants,
streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to
satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian
easement to accommodate for the four foot minimum unobstructed path requirement.
43. 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 Public Works Department for
review and approval:
a. Signing and striping plans (per current California Department of Transportation
standards);
b. Street Construction Plans;
c. Landscape and irrigation plans (median island and street trees within all
parkways); and
44. 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.
45. 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. 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
Conditions of Approval
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 8
street lighting system shall be dedicated to the City. Submit engineered construction
plans to the Public Works Department for approval.
46. 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 City Engineer.
47. 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.
48. Comply with the memorandum From the Public Works Department dated December 9,
2013.
SANITARY SEWER SERVICE
49. Comply with the memorandum from the Public Utilities Department dated November 19,
2013.
WATER SERVICE
50. Comply with the Department of Public Utilities, Water Division memorandum dated
January 22, 2014.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
51. 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 tentative tract maps.
52. 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
53. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
54. 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.
55. 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.
Conditions of Approval
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 9
The developer/owner should contact the Real Estate Section of the Public Works
Department to receive procedural guidance in such acquisitions.
56. 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.
57. The subdivider/owner shall submit adequate security in the form of a cash deposit to
guarantee payment of all costs associated with the acquisition, including staff time,
attorney's fees, appraisal fees, court costs, and all related expenditures and costs
necessary to effect the acquisition of such easements or rights-of-way.
FLOOD CONTROL AND DRAINAGE
58. Comply with the memorandum from the Fresno Metropolitan Flood Control District dated
December 18, 2013.
59. Any temporary ponding basins constructed or enlarged to provide service to the
subdivision shall be fenced in accordance with City standards with 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
60. Comply with the letter from the San Joaquin Valley Air Pollution Control District dated
November 22, 2013.
CLOVIS UNIFIED SCHOOL DISTRICT
61. Comply with the letter from the Clovis Unified School District dated November 14, 2013.
CALTRANS
62. Comply with the letter from Caltrans dated November 20, 2013.
DEVELOPMENT FEES AND CHARGES
63. This project is subject to the following fees and charges:
SEWER CONNECTION CHARGES FEE RATE
a. Lateral Sewer Charge[11 $0.10/sq. ft. (to 100' depth)
Conditions of Approval •
Vesting Tentative Tract Map No. 5945/UGM
January 29, 2014
Page 10
b. Oversize Charge[1] $0.05/sq. ft. (to 100' depth)
c. Trunk Sewer Charge[2] N/A
Service Area: Herndon
d. Wastewater Facilities Charge[3] $2,119/living unit
e. Copper River Sewer Backbone System [4] $877/living unit
f. Copper Avenue Sewer Lift Station Charge[4] $650/living unit
g. House Branch Sewer Charge [2] N/A
WATER CONNECTION CHARGES FEE RATE
h. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by owner;
fee for service(s) and Meter(s)
established by the Master Fee
Schedule.
i. Frontage Charge [1] $6.50/lineal foot
j. Transmission Grid Main Charge [1] $643/gross acre (parcels 5 gross
acres or more)
k. Transmission Grid Main Bond Debt Service Charge [1] $243/gross acre (parcels 5 gross
acres or more)
I. UGM Water Supply Fee [2] $456/living unit
Service Area: 101s
I. Well Head Treatment Fee [2] $0/living unit
Service Area: 101
m. Recharge Fee [2] $0/living unit
Service Area: 101
n. 1994 Bond Debt Service [1] $895/living unit
Service Area: 101
CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE
o. Fire Facilities Impact Fee — Citywide [4] $439/living unit
p. Park Facility Impact Fee —Citywide [4] $1853/living unit
Conditions of Approval
Vesting Tentative Tract Map No. 5945IUGM
January 29, 2014
Page 11
q. Quimby Parkland Dedication Fee [2] $911/living unit
r. Citywide Regional Street Impact Fee [3] $13,846 /adj. acre
s. New Growth Area Major Street Fee [3] $30,775 /adj. acre
t. Police Facilities Impact Fee — Citywide [4] $508/living unit
u. Traffic Signal Charge [1] $316.65/living unit
COPPER RIVER RANCH IMPACT FEES FEE RATE
v. CRR Major Roadway Infrastructure Facility Fee [4] $7,972/adj. acre
w. CRR Major Interior Collector Roadway Facility Fee [4] $29,676/adj. acre
x. CRR Clovis Mitigation Fee [2] $38.99/ADT [5]
z. CRR Friant Widening Mitigation Fee [2] $9.76/ADT [5]
On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008—023 requiring the payment
of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact
the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation.
Confirmation by the County of Fresno is required before the City of Fresno can issue building permits.
The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution
No. 2009—01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution
is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation.
Confirmation by the FCOG is required before the City of Fresno can issue building permits.
[1] Deferrable through Fee Deferral Covenant.
[2] Due at Final Map.
[3] Due at Building Permit.
[4] Due at Certificate of Occupancy.
[5] Determined by Public Works.
CITY OF FRESNO
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
CONDITIONS OF APPROVAL
JANUARY 29, 2014
CONDITIONAL USE PERMIT APPLICATION NO. C-13-138
"A PLANNED DEVELOPMENT"
PART A - PROJECT INFORMATION
1. Assessor's 579-090-23
Parcel No(s):
2. Job Address: Vesting Tentative Tract Map No. 5945/UGM
3. Street Location: Located on the northwest corner of East Copper and North Cedar
Avenues, within the Copper River Ranch Planned Community
4. Zoning R-2/UGM/cz (Low Density Multiple Family Residential/Urban
Growth Management/conditions of zoning) zone district
5. Planned Land Use: Medium High Density Residential
6. Plan Areas: 2025 Fresno General Plan and Woodward Park Community Plan
7. Project Description: Conditional Use Permit Application C-13-138 proposes a planned
development, which includes modified property development
standards, including lot size, lot coverage and setback
requirements, for Vesting Tentative Tract Map No. 5945/UGM on
approximately 11 .80 acres
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.
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
Conditions of Approval
Conditional Use Permit Application No. C-13-138
January 29, 2014
Page 2 of 7
required under the provisions of Government Code Section 66020(d)(1)in effect before
January 1, 1997.
PART B - GENERAL CONDITIONS AND REQUIREMENTS
The City of Fresno Planning Commission, on January 29, 2014, approved the special permit
application subject to the enclosed list of conditions and Exhibits A-1, F-1, E-1 and E-2 dated
September 19, 2013, for Conditional Use Permit Application No. C-13-138.
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 may be appealed. All code requirements, however, are
mandatory and may only be modified by variance, provided the findings pursuant to Fresno
Municipal Code Section 12-405.A can be made.
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; and,
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. This
special permit is granted, and the conditions imposed, based upon the Operation Statement
Conditions of Approval
Conditional Use Permit Application No. C-13-138
January 29, 2014
Page 3 of 7
provided by the applicant. The Operation Statement is material to the issuance of this special
permit. Unless the conditions of approval specifically require operation inconsistent with the
Operation Statement, a new or revised special permit is required if the operation of this
establishment changes or becomes inconsistent with the Operation Statement. Failure to
operate in accordance with the conditions and requirements imposed may result in revocation
of the special permit or any other enforcement remedy available under the law.
The Development and Resource Management 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. (Include this note
on the site plan.)
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 the original site plan exhibits(dated September 19,
2013)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 January 29,
2018 (four years from the date of approval).
To complete the back-check process for building permit relative to planning and zoning
issues, submit four copies of this corrected,final site plan, together with copies of the
elevations, landscape, and irrigation plans, and any required covenants and/or studies
or analyses to the Planning Division 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 the same in each of the
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 contact Israel Trejo at(559) 621-8044 or via e-mail at Israel.Trejo@fresno.gov to
schedule 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.
Conditions of Approval
Conditional Use Permit Application No. C-13-138
January 29, 2014
Page 4 of 7
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 geometrics may
be directed to Louise Gilio at(559)621-8678/ Louise.Gilio@fresno.gov of the City of Fresno
Public Works Department, Engineering Division, Traffic Section.
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) 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.
c) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub-
surface private structures and appurtenances extending within the public rights-of-
way is prohibited unless an encroachment permit is approved by the City of Fresno
Public Works Department, Engineering Division, Special Districts/Projects and
Right of Way Section, (559) 621-8693. Encroachment permits must be approved
prior to issuance of building permits.
STREET IMPROVEMENTS
a) All public 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 at
(559) 621-8693, prior to commencement of the work. Contact the Public Works
Department, Engineering Services Section at (559) 621-8686 for detailed
Conditions of Approval
Conditional Use Permit Application No. C-13-138
January 29, 2014
Page 5 of 7
information. All required street improvements must be completed and accepted by
the City prior to occupancy.
b) Repair damaged and/or off grade off-site concrete improvements as determined by
the Public Works Department, Construction Management Division(559)621-5500.
c) 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.
d) Submit the following as a single package to the Public Works Department
Engineering Division, Plan Check and GIS Mapping Section, (559) 621-8682, 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.
3. SURVEY MONUMENTS AND PARCEL CONFIGURATION
a) All survey monuments within the area of construction 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) Woodward Park Community Plan
iii) Planned Development (Section 12-306-N-21 of the FMC)
iv) Medium High density residential planned land uses
2) ZONING
a) Development is proposed in accordance with the R-2/UGM/cz (Low Density Multiple
Family Residential District/Urban Growth Management/conditions of zoning) zone
district. Approval of Conditional Use Permit Application No. C-13-138 is contingent
upon approval of Vesting Tentative Tract Map No. 5945/UGM.
b) Conditions of Zoning were placed on the project site in 2003 with approval of Rezone
Application No. R-01-14 (Copper River Ranch rezone). This application is subject to
compliance with the mitigation measures established by the certification of Final
Environmental Impact Report No. 10126(SCH No. 2000021003) prepared for Copper
River Ranch.
Conditions of Approval
Conditional Use Permit Application No. C-13-138
January 29, 2014
Page 6 of 7
3) BUILDING HEIGHT
a) The height of the proposed structures shall meet the requirements of Section 12-
212.5-D of the FMC.
4) LOT COVERAGE
a) The lot coverage shall be as depicted on Exhibit A-1 (Site Plan) dated September 19,
2013.
5) BUILDING SETBACKS, OPEN SPACES AND LANDSCAPING
a) Building setbacks shall be in accordance with Exhibit A-1 (Site Plan) dated September
19, 2013.
b) Provide a dense landscape buffer, to include trees, along the north property line.
On-site trees are required as follows: Section 12-306-N-24-G-3 of the FMC requires
one medium sized tree (30-60 feet at maturity) for each required parking space, plus
one medium sized tree for each residential unit. Two small size trees (15-30 feet at
maturity) may be substituted for one medium size tree.
Provide benches or other open space improvements at the landscaping areas located
near the south boundary of the site (south of lots 54-55, 70-71 and 116-117).
Provide a landscape and irrigation plan depicting the required and proposed on-site
landscaping.
c) Clearly depict and define the improvements to be installed within Outlot A on the site
plan (Exhibit A-1).
6) FENCES, HEDGES, WALLS
a) Construct a minimum 6 foot high solid wall along East Copper Avenue. Depict the wall
(and height) on Exhibit A-1.
Construct a minimum 6 foot high solid wall along the north property line of the subject
property. Depict the wall (and height) on Exhibit A-1
b) Provide a corner cut-off area at all street intersections in accordance with Section 12-
306-H-3-d of-the Fresno Municipal Code. Corner cut-offs are established to provide an
unobstructed view for vehicular and pedestrian traffic approaching an intersection.
They are a triangular area formed by the property lines and a diagonal line adjoining
Conditions of Approval
Conditional Use Permit Application No. C-13-138
January 29, 2014
Page 7 of 7
points on the property lines, measured a specific distance from the point of their
intersection. At the intersections of streets, this distance is 30 feet.
7) SIDEWALKS (PEDESTRIAN ACCESS PLAN)
a) Pursuant to the requirements of City Council Resolution No. 2010-280 all planned
developments shall have sidewalks constructed on both sides of a private residential
street or as otherwise provided by a pedestrian access plan, in accordance with
updated Policy E-1 of the 2025 Fresno General Plan. The developer proposes to
provide a pedestrian access plan to comply with the Resolution noted above. Make
the red-line adjustments/corrections to the access plan as noted on Site Plan Exhibit
A-1 dated September 19, 2013.
8) PEDESTRIAN ACCESS
a) Provide a minimum of two pedestrian access points(near lots 116-117 and lots 70-71)
along the southern boundary of the project site to connect to the multi-purpose trail
along East Copper Avenue.
PART E - CITY AND OTHER SERVICES
a) Comply with the Conditions of Approval for Vesting Tentative Tract Map No.
5945/UGM dated January 29, 2014.
DEPARTMENT OF PUBLIC WORKS
TO: Israel Trejo, Planner III
DARM, Planning Division
FROM: Hilary Kimber, Parks Supervisor II (559.621.1345)
Public Works, Street Maintenance Division
DATE: November 14, 2013
SUBJECT: Tract 5945; 1312 East Copper Avenue (APN: 579-090-23s) located on the
north side of East Copper Avenue between North Friant Road and North Cedar Avenue in the
Copper River Ranch Master Plan. The Department of Public Works offers the following comments
regarding the requirements for landscaping and irrigation in the street right-of-ways, landscape
easements, outlots and median islands:
GENERAL REQUIREMENTS
STREET TREE REQUIREMENTS
1. The subdivider is required to provide street trees on all public street frontages per Fresno
Municipal Code and for the dedication of planting and buffer landscaping easements as
determined by the Planning Department. Street trees shall be planted at the minimum
rate of one tree for each 60' of street frontage or one tree per home (whichever is greater)
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
and AB 1881.
2. The designated street trees for North Cedar Avenue are
Tilia cordata `Greenspire' Little Leaf Linden and
Lagerstroemia indica Pink Crape Myrtle
The designated street tree for North Millbrook Avenue is:
Pistacia chinensis Chinese Pistache
3. 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' Public 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 the Community Facilities District or by forming
a Home Owner's Association.
2. Maintenance Service Through Annexation into the Community Facilities District.
Landscape and Irrigation plans are required and shall be submitted to the Department of
Public Works for review and approval prior to a Council approval of the final map. Plans
shall be numbered to conform to and be included in the Department of Public Works street
construction plan set for the final map. Fees are applicable when the subdivider elects to
have landscaping maintained by annexing into the City's Community Facilities District.
A. Landscaping shall comply with Landscape Buffer Development Standards approved
by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with
Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code regarding Water
Efficient Landscaping and Buffer landscaping.
B. Should the proposed landscape buffers and/or parkway strips be located next to an
existing buffer and/or parkway strip, the planting concept shall simulate the adjacent
landscape design to present a more uniform appearance on the street. Variances in the
landscape concept will be acceptable, but the design of the new landscape buffer and/or
parkway strip shall strive to mimic the existing as much as possible.
C. Landscape plans shall indicate gr2des on a cross-section detail to include fencing or
wall details. All fencing shall be placed outside the landscape easement. Maximum
slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of
the side walk and/or face of fence. Erosion control measures shall be implemented on all
slopes of 4:1, including the use of synthetic erosion control netting in combination with
ground cover species approved by the Department of Public Works/Engineering Services
Division.
D. The water meter(s) serving the buffer landscaping shall be sized for the anticipated
service flows.
E. No private flags, signs or identification of any kind shall be permitted in the right-of-way,
within the City - controlled easement or on the fence or wail facing the street.
F. Landscaping in the right-of-way and landscape setback adjacent to water well sites
shall be the responsibility of the City of Fresno Water Division and may not be included in
the CFD.
MEDIAN ISLAND LANDSCAPE REQUIREMENTS
1. When median islands front onto the proposed development project, applicants shall submit
Plans to the Public Works/Engineering Services showing the location and configuration of
all median islands fronting the proposed project.
2. The Public Works Department will review and evaluate existing median island(s) for a
determination of all required improvements prior to approval of Final Map.
3. Landscape and irrigation is required on all new construction of median islands and shall be
applied in accordance with the City of Fresno, Public Works Department Standards &
Specifications and FMC sections 12-306-24 and 12-306-23 and AB 1881. The Public
Works Department requires all proposed median islands to be constructed with a one 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.
5. The designated tree for the median island is:
Quercus lobata Valley Oak
And may be used in combination with other accent trees.
OUTLOTS
1. The Department of Public Works will not be responsible for the maintenance of any outlots
if they are not included into the Community Facilities District(CFD). If the outlots are to be
included into the CFD, the Department of Public Works will require approved landscape
and irrigation plans to be submitted with landscape buffer plans prior to inclusion into the
CFD.
6. Outlots which are utilized for water well purposes will not be included in the CFD. The
Water Division Department in Public Utilities will provide the maintenance of all plant
material on the well site.
7.
TRAIL REQUIREMENTS
1. The designated trail on E. Copper Ave. has already been designed/accepted by Robert
Boro, Landscape Architect under Capital Improvement Project PW00633, Debra Bernard,
Supervising Engineering Technician for the City of Fresno, 621-8658. No further
landscape or irrigation plans will be required for this portion of Tract 5945.
City of
FR=E- !;%W,vnjj-p,
DAT
December 2, 2013
TO: Israel Trejo, Development Services/Planning
Development and Resource Management Department
FROM: Ann Lillie, Senior Engineering Technician
Public Works Department, Traffic and Engineering Services Division
SUBJECT: CONDITIONS OF VESTING TENTATIVE TRACT MAP NO. 5945 FOR
MAINTENANCE REQUIREMENTS
LOCATION: 1312 East Copper Avenue
APN: 579-090-23
MAINTENANCE REQUIREMENTS OF PUBLIC IMPROVEMENTS
1. Vesting Tentative Tract Map No. 5945 is within the boundaries of Community Facilities
District No. 12 ("CFD No. 12") and will share the costs for maintenance of certain public
improvements based the special tax rates as defined in the CFD No. 12 District Report
on file in the City of Fresno City Clerk's Office.
2. The developer shall provide a quantified estimate of all improvements to be added to
CFD No. 12 for maintenance at time of final map submittal. Submit or email to Ann Lillie
in the Public Works Department, Traffic and Engineering Services Division.
For questions regarding these conditions please contact Ann Lillie at (559) 621-8690 /
ann.lillie(Wresno.gov
Page 1 of 1
12/2/2013
CADOCUMENTS AND SETTINGS\ISRAELT\ )OCAL SETTINGS\TEMPORARY INTERNET
FILES\CONTENT.OUTLOOK\D7V4GSF1\TT 5945 CONDITIONS FOR MAINTENANCE.DOCX
City of
F -nG s1111 ®'I`
FIRE DEPARTMENT
Date: December 6,2013
To: ISRAEL TREJO, Planner III
Development and Resource Management Department
From: DARLA SCOTT, Senior Fire Prevention Inspec
Fire Department, Fire Prevention Division
Subject: T-5945-UGM & C-13-138 were filed by Gary G. Giannetta Consulting Civil Engineer,
on behalf of Darius Assemi, and pertain to 12.9 gross, 11.9 net, acres of vacant
property located on the north side of East Copper Avenue between North Friant Road
and North Cedar Avenue in the Copper River Ranch Master Planned Community, 1312
East Copper Avenue, APN 579-090-23. T-5945-UGM proposes to subdivide the
property into a planned unit development of 152 single family residential lots and 2
outlots for common areas, Outlot A for streets, Outlot B for open space-park. C-13-138
proposes a gated planned unit development with private streets and modified property
development standards, lot area, lot dimensions, lot coverage, and building setbacks.
Other
Install on site hydrants with a minimum 8 inch main and a fire flow of 1500 GPM. See
plan for locations. Public and private hydrants for single family homes and commercial
sites are spaced a maximum of 600 feet apart.
Turns in private drives for fire apparatus access shall have minimum 44 foot centerline
turn radius.
Cul-de-sac turnarounds, intermediate, and "T"turnarounds shall have a minimum 44-
foot centerline turning radius with 20 feet clear driving width. "T" and "Hammerhead"
turnarounds shall have a minimum width of 20 feet and 60 feet of length (in the
hammerhead). All turnarounds must be kept clear of all obstructions (e.g., no parking,
no garbage bins, etc.,and marked if necessary).
All drives in this development are required to be fire lanes. Access drives shall have
their curbs painted red and stenciled FIRE LANE every 50 feet or approved FIRE
LANE signs posted at 50 foot intervals. Driveways shall be in alignment to
accommodate the use of Fire Department aerial apparatus. Vertical access driveway's
(near edge or back of parking stalls) shall be located at least 15 feet, but not more than
30 feet from the building.
Provide note on site plan: Provide sign(s) (17 "x22"minimum)at all public entrance
drives to the property which state "Warning—Vehicles stopped,parked or left standing
in fire lanes will be immediately removed at owner's expense—22658(a) California
Vehicle Code—Fresno Police Department 621-2300."
The entrance to all emergency accesses shall be posted with permanent signs: "FIRE
ACCESS (6" letters) VEHICLES REMOVED AT OWNER'S EXPENSE (2" letters)
FRESNO POLICE DEPARTMENT 621-2300 (1" letters).
All revisions to plans shall be called out with a cloud or delta.
Fire Department back check items require a wet signature from Fire Department staff.
Back check items signed by any person other than sworn Fire Department staff are
invalid.
This project was reviewed by the fire department only for requirements related to water
supply, fire hydrants, and fire apparatus access to the buildings on site. Review for
compliance with fire and life safety requirements for the building interior and its
intended use are reviewed by both the Fire Department and the Building and Safety
Section of DARM when a submittal for building plan review is made as required by the
California Building Code by the architect or engineer of record for the building.
C ity of
DEPARTMENT OF PUBLIC UTILITIES
December 10, 2013
TO: Israel Trejo, Planner III
Development and Resource Management Department, Development Services/Planning
FROM:m ,,_e Chris Weibert, Management Analyst 11
Department of Public Utilities, Administration
SUBJECT: TT 5945/UGM&C-13-138, Solid Waste Conditions of Approval
Location: North side of East Copper Avenue between North Friant Road and North Cedar
Avenue(APN 579-090-23)
The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting
Tentative Tract Map 5945/UGM & C-13-138 that was submitted by Gary G. Giannetta Consulting Civil
Engineer, on behalf of Darius Assemi. The following requirements and conditions are to be placed on
this vesting tentative tract map and conditional use permit as a condition of approval by the Department
of Public Utilities.
General Requirements:
• Tract 5945 will be serviced as Multi-Family Residential bin service.
• This location is serviced by a Commercial Solid Waste Franchisee. For service information,
please contact: Allied Waste at 559-275-1551 or 800-493-4285.
• Developer shall provide a minimum of four 2-cell trash enclosures constructed in accordance
with current City of Fresno Standards P-33 and P-34. The developer shall provide signage to
clearly identify all recycling or solid waste collection and the materials accepted therein.
• Owner shall provide a minimum of 76 cubic yards of solid waste and recycling services per
week.
• The enclosure shall be level with the adjoining roadway (with no ramps, slopes, etc.).
• There will be no separate billing for solid waste services. The service provider shall be provided
with the name and address of a property management company or homeowners association for
billing purposes.
Special Requirements:
• Provide 44' (centerline)turning radius.
Conditions of Approval TT5945&C-13-138.docx
TT 5945AJGM & C-13-138
December 10, 2013
Page 2
• Backing limit of 45' for solid waste vehicle.
• Minimum width of 18' for truck path.
• Maintain 18' minimum ingress/egress at gates.
• Two of the four trash enclosures will need to be relocated to comply with the above
requirements.
Conditions of Approval TT5945&C-13-138.docx
6ity Of
DATE: December 9, 2013
TO: Israel Trejo
Development and Resource Management Department
THROUGH: M. Scott Tyler, PE, City Traffic Engineer
Public Works Department,Traffic& Engineering Services Division
FROM: Louise Gilio, Traffic Planning Supervisor
Public Works Department,Traffic& Engineering Services Division
SUBJECT: Public Works Conditions of Approval
TT 5945, 1312 East Copper Avenue
Darius Assemi/Gary G. Giannetta
The Public Works Department, Traffic and Engineering Services Division, has completed its review and
the following requirements are to be placed on this tentative map as a condition of approval by the Public
Works Department.
General Conditions:
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.
a. Major Streets: A 2'dedication for a pedestrian easement is required.
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. Intelligent Transportation Systems (ITS): Street work on major streets shall be designed to include
ITS in accordance with the Public Works ITS Specifications,where not existing.
5. Design local streets with a minimum of 250' radius.
6. Local street lengths exceeding 800' and four way intersections require traffic calming measures.
Construct permanent traffic circles per Public Works Standards P-83, P-84 and/or P-85.
Identify and provide cross sections on the map. No parking is allowed adjacent to the circles.
7. Dead-end Streets: Any temporary dead-end streets created by this subdivision shall be properly
barricaded in accordance with the Public Works Standard P-100.
8. Outlots: If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes,
subdivider shall prove to the City that the outlot 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 Soils Investigation. The soils Investigation report shall be submitted to the Public Works
Department for review and approval.The subdivider must obtain Public Works approval of the
soils investigation report and complete any mitigation work identified by the soils investigation
prior to subdivider's submittal of the Final Map to the Development Department. Any and all costs
associated of the soils investigation and any required mitigation work shall be performed at the
sole expense of the subdivider.
9. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Public Works
Department for review and approval: Street: construction,signing,striping, traffic signal and
streetlight and Trail: construction, grading, lighting, striping, signing, landscape and irrigation.
10. Street widening and transitions shall also include utility relocations and necessary dedications.
Page 1 of 4
TATraffic Planning\_CONDITIONS OF APPROVAL\TRACT MAPS\5900\T-5945 COPPER RIVER\T-5945 COPPER 1312 E.doc
11. Garages: Provide a section in the CUR's to prohibit parking in the driveways where garage
setbacks are less than 18'.
12.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.
Frontage Improvement Requirements:
Public Streets:
Copper Avenue: Super Arterial
1. Construct concrete curb and gutter to Public Works Standard P-5. The curb shall be constructed
to a 10'pattern.
2. Construct a standard curb ramp at Copper and Millbrook and Copper and Cedar per Public Works
Standards P-28 and P-32, based on a 25' radius.
3. Bike and Pedestrian Trail/Path: Construct a Class I trail, complete with signing, striping and
landscaping, per the Caltrans Highway Design Manual, 2025 Fresno General Plan, Multi-Purpose
Trails Plan Map and Public Works Standards P-58, P-59 and P-60. Identify route on the map and
provide a cross section 7 days prior to the planning commission hearing. Above ground utilities
shall not be within the proposed easement.
4. Construct 20'of permanent paving within the limits of this subdivision.
5. Construct an 80' bus bay curb and gutter at the northwest corner of Copper and Cedar to Public
Works Standard P-73, complete with a 10'monolithic sidewalk.
6. 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-7 for Arterial
Streets.
7. Relinquish direct vehicular access rights to Copper Avenue from all lots within this subdivision.
Cedar Avenue: Collector
1. 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 Public Works
Standard P-53. A 2' Pedestrian Easement is required. Identify on the map.
2. Construct 20'of permanent paving (measured from face of curb)within the limits of this sub-
division.
3. 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.
4. Relinquish direct vehicular access rights to Cedar Avenue from all lots within this subdivision.
5. Street parking prohibited.
Millbrook Avenue Avenue: Local (both sides)
1. Dedicate 34'-55' of property,from center line,for public street purposes within the limits of this
application to meet the current City of Fresno Local Standards, P-56.
2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be
constructed to a 10' residential pattern. (5'/2'from curb to sidewalk-4' sidewalk—1/z'from back of
walk to property line) Planting of street trees shall conform to the minimum spacing guidelines as
stated in the Standard Specification, Section 26-2.11(C).
Page 2 of 4
TATraffic Planning\_CONDITIONS OF APPROVAUTRACT MAPS\5900\T-5945 COPPER RIVER\T-5945 COPPER 1312 E.doc
3. Construct a street type approach per Public Works Standard P-76/13-77 or construct a 24'
minimum driveway approach to Public Works Standards P-2 and P-6. Site Plan approval of a
street type approach(P-76/P-77)is a tentative approval until such time that a qualified Civil
Engineer prepares street plans that provide the sufficient cross drainage approved by the City
Engineer in accordance with Public Works Standard P-10.
4. Construct a standard curb ramps at,the entry per Public Works Standards P-28 and P-32, based
on a 20' radius.
5. Construct 24'of permanent paving (measured from face of curb)within the limits of this
application.
6. Construct an underground street lighting system to Public Works Standard E-2 within the limits of
this application. Spacing and design shall conform to Public Works Standard E-9 for Local
Streets.
Interior Streets: Private
Construct sidewalks on both sides of the street or as otherwise required by a pedestrian access plan
approved by the City of Fresno, in accordance with Resolution No. 2010-280.
If driveways are proposed, provide a section in the CC&R's to prohibit parking in the driveways.
Specific Mitigation Requirements: This tract proposes 152 single family residential lots which will
generate 114 a.m./152 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is required. Comply
with the mitigation measure requirements of T-5205.
1. Dedicate an easement for bike, pedestrian and landscaping purposes. See Exhibit"B".
2. Dedicate 34'-55' of property, from center line, for public street purposes within the limits of this
application to meet the current City of Fresno Local Standards, P-56.
Traffic Signal Mitigation Impact(TSMI) Fee: This project shall pay the current Traffic Signal Mitigation
Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s)as set forth in
the latest edition of the ITE Generation Manual for single family units (fee rate as shown in the Master
Fee Schedule).
This TSMI fee is credited against signal installation and Intelligent Transportation System (ITS)
improvements (constructed at their ultimate location) anticipated to build out the 2025 General Plan
circulation element and included in the Nexus Study for the TSMI fee. Project specific impacts that are
not consistent with the 2025 General Plan, Public Works P69 standards, and/or already incorporated into
the TSMI fees infrastructure costs are not reimbursable unless the City Engineer and City Traffic
Engineer include the new traffic signal and/or ITS infrastructure in the next update and the applicant
agrees to pay the new calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or
construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated
impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is
conditioned with improvements that are credited/reimbursable with this fee they should work with the
Department of Public Works and identify with a Professional Engineers estimate the costs associated
with the improvements prior to paying the TSMI fee at time of building permit.
1. Millbrook/Copper:
a. Install a signal pole with a 200-watt safety light and an oversize street sign to Public Works
Standards at the northeast corner of Millbrook Avenue and Copper Avenue.—OR-
b. If the location meets warrants, then, the intersection of Millbrook and Copper shall be
signalized to the City of Fresno Standards, complete with left turn phasing, actuation and
signal pre-emption. This work is eligible for reimbursement and/or credit against Traffic Signal
Page 3 of 4
TATraffic Planning\_CONDfrIONS OF APPROVAL\TRACT MAPS\5900\T-5945 COPPER RIVER\T-5945 COPPER 1312 E.doc
Mitigation Impact Fees. The applicant shall design the traffic signal and obtain City approval
of the plansrp for to occupancy of the first dwelling unit. If the intersection meets signal
warrants at the time of occupancy of the first unit,then the full traffic signal shall be installed.
If the intersection does not meet warrants, then the traffic signal installation shall be limited to
the following equipment:poles,safety lights,oversize street name sign, conduits,detectors,
service pedestal connected to a PG&E point of service, controller cabinet, ITS vault, ITS
communication cabinet and all pull boxes,with the following equipment to be delivered to the
City of Fresno's Traffic Signal shop for future installation when warrants are met: 2070L
controller, mast arms, heads, Opticom discriminator and receivers.
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
Friant Widening Mitigation Fee: Applicant shall pay fair share contribution.
Clovis Mitigation Fee: Applicant shall pay fair share contribution.
Copper River Ranch.Associated Maior Roadway Infrastructure Fee: Applicant shall pay fair share
contribution.
Copper River Ranch Interior Collector Roadway Facility Fee: Applicant shall pay fair share
contribution.
Regional Transportation Mitigation Fee(RTMF): Pay all applicable RTMF fees to the Joint Powers
Agency located at 2035 Tulare Street, Suite 201, Fresno,CA 93721; (559)233-4148 ext. 200;
www.fresnocog.org. Provide proof of payment or exemption prior to issuance of building permits.
Page 4 of 4
TATraffic Planning\_CONDITIONS OF APPROVAUTRACT MAPS\5900\T-5945 COPPER RIVER\T-5945 COPPER 1312 E.doc
EXHIBIT "B"
NORTH MILLBROOK AVENUE AND ABUTTING 10'WIDE
PUBLIC U11L1TY EASEMENT WERE VACATED BY CITY
OF FRESNO RESOLUTION NQ.20&138 RECORDED
702009 AS DOCUMENT NO.2009.0081852,O.R.F.C.
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- 5 89°1Sl T E 85.55 N 6925'1 T W 101.46'
• I N I°I TOB'E 6.OG N 89°25'1 T VV
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S 82°59'02'VV,30.27 ry'2 N 45`5.5'55*E 22.77- -
S 89°251 T= I N 82.5YOr E _- __ S 89.2317E 83.73 /
301T POINT OF COMMENCEMENT
MOST EASTERLY 1i 22.00'-" CORNERROFOLITLOT'M' �i
N_8r25'IT W _
€LASTING STREET RIGHT-OF-WAY LINE '
SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 11,1220
EAST COPPER AVENUE
1,=PUBLIC STREET EASEMENT PREVIOUSLY DEDICATED
pO S,J!
BY TRACT NO.5052 ACCORDING TO THE MAP
THEREOF RECORDED IN VOLUME 46 OF LA
PAGES 470,FRESNO COUNTY RECORDSyLEN'�NLFI
2;=PUBLIC MULTI PURPOSE TRAIL EASEMENT PREVIOUSLY q&0 Od� gay-0
DEDICATED BY TRACT NO.5052 ACCORDING TO THE MAP o m=
THEREOF RECORDED IN VOLUME 48 OF PLATS, LA0.8354 �9*c
PAGES 48.70,FRESNO COUNTY RECORDS ±EXP,12/31/13
DATA SHOWN IS PER,OR CALCULATED
iv
FROM,THE MAP OF TRACT NO.5205
RECORDED IN VOLUME 46 OF PLATS,
PAGES 48.70,FRESNO COUNTY RECORDS rr<r`ri
INDICATES AREA TO BE DEDICATED
342 S.F,±
REF&REV.
CITY OF FRESNO RM W.
2013-070 DEPARTMENT OF PUBLIC WOW ojr Na
PWF 11681 PARCEL TO BE DEDICATED TO THE CITY OF FRESNO Dk BY --- - - sEETNO. - �
PLAT 459 AS AN EASEMENT AND RIGHT-OF-WAY FOR PUBLIC 04'Br R"Y' Er-'7
PEDESTRIAN WALKWAY&BIKE PATH PURPOSES DATE --_pal.2013 15-A-8965
City of � ,�confs�yAr
r ff,k E ve7;-%p N
DEPARTMENT OF PUBLIC UTILITIES q �pU
ADMINISTRATION DIVISION
MEMORANDUM ��
�yc . wase'
Providing Life 5 Essencraf Services
Date: November 19, 2013
To: ISRAEL TREJO
Planning and Development
From: DOUG H C E Supervising i
U E K R, Sup rvis g Engineering Technician
0
Department of Public Utilities, Planning and Engineering Division
Subject: SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-5945/UGM; AND
CONDITIONAL USE PERMIT C-13-138
General
T-5945-UGM & C-13-138 were filed by Gary G. Giannetta Consulting Civil Engineer, on behalf
of Darius Assemi, and pertain to 12.9 gross, 11.9 net, acres of vacant property located on the
north side of East Copper Avenue between North Friant Road and North Cedar Avenue in the
Copper River Ranch Master Planned Community, 1312 East Copper Avenue, APN 579-090-23.
T-5945-UGM proposes to subdivide the property into a planned unit development of 152 single
family residential lots and 2 outlots for common areas, Outlot A for streets, Outlot B for open
space-park. C-13-138 proposes a gated planned unit development with private streets and
modified property development standards, lot area, lot dimensions, lot coverage, and building
setbacks.
Sewer Requirements
The nearest sanitary sewer main to serve the proposed project is an existing 8-inch in N.
Millbrook Avenue. Sewer facilities are available to provide service to the site subject to the
following requirements:
1. Construct an 8-inch sanitary sewer main in North Millbrook Avenue from E. Copper
Avenue north across the project frontage.
2. Street easements and/or deeds shall be recorded prior to approval of improvement
plans.
3. On-site sanitary sewer facilities shall be private.
4. Installation of sewer house branch(s) to each lot shall be required.
5. Separate sewer house branches are required for each lot.
6. Abandon any existing on-site private septic systems.
# '
' � A Nationally Accredited Public Utility Agency
7. 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.
8. All public sanitary sewer facilities shall be constructed in accordance with City
Standards, specifications, and policies.
9. All underground utilities shall be installed prior to permanent street paving.
Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
1. Trunk Sewer Charge: C.R.R. —Sewer Backbone system facility fee.
2. Trunk Sewer Charge: Herndon
3. Copper Avenue Sewer Lift-Station Benefit Service Area fee.
4. Sewer Lateral Charge
5. Sewer Oversize Charge
6. Sewer Facilities Charge (Residential Only)
City of 4 SO&CONSE'?t4"y
CaC�I•���ii/
me-U:: dI.� �y
Department of Public Utilities—Water Division DPU Q
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9 �
DATE: January 22, 2014 �c`c��s , was `P�Q
Providing Life's Essential Services
TO: ISRAEL TREJO, Planner III
Development Department/Current Planning
THROUGH: MICHAEL CARBAJAL, Chief Engineering Technician
Department of Public Utilities, Water Division
FROM: ROBERT A. DIAZ, Senior Engineering Technician
Department of Public Utilities,Water Division
SUBJECT: WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-5945 UGM,
AND CONDITIONAL USE PERMIT C-13-138.
General
T-5945-UGM & C-13-138 were filed by Gary G. Giannetta Consulting Civil Engineer, on
behalf of Darius Assemi, and pertain to 12.9 gross, 11.9 net, acres of vacant property located
on the north side of East Copper Avenue between North Friant Road and North Cedar
Avenue in the Copper River Ranch Master Planned Community, 1312 East Copper Avenue,
APN 579-090-23. T-5945-UGM proposes to subdivide the property into a planned unit
development of 152 single family residential lots and 2 outlots for common areas, Outlot A for
streets, Outlot B for open space-park. C-13-138 proposes a gated planned unit development
with private streets and modified property development standards, lot area, lot dimensions,
lot coverage, and building setbacks.
Water Service
The nearest water mains to serve the proposed project are a 12-inch main located in North
Cedar Avenue and a 14-inch main located in East Copper Avenue. The following water
improvements shall be required prior to providing City water service to the project:
1. Construct a 12-inch water main (Including fire hydrant installation) in North Millbrook
Avenue from the 14-inch water main located in East Copper Avenue north across the
project frontage.
2. Water mains (including installation of City fire hydrants) shall be extended within the
proposed tract to provide service to each lot.
3. Seal and abandon any existing on-site well in compliance with the State of California
Well Standards, Bulletin 74-90 or current revisions issued by California Department of
<�7= A Nationally Accredited Public Utility Agency
4 w h
Water Resources and City of Fresno standards.
4. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The
well(s) shall be capable of producing a minimum of 500 gallons per minute. Well sites
shall be of a size and at a location acceptable to the Assistant Director of Public
Utilities.
5. No occupancies will be permitted prior to completion of the water supply well site(s).
The developer is currently constructing Pump Station No. 369. Once the capacity of
this well is determined, the Assistant Director of Public Utilities will determine if an
additional well site is necessary to serve the proposed tract.
6. Water well construction shall include wellhead treatment facilities, if required
7. No occupancies will be permitted prior to the satisfaction of the water supply
requirement.
8. The development shall incorporate water use efficiency for landscaping including the
use of artificial turf and native plant materials, reducing turf areas, and discouraging
the development of artificial lakes, fountains and ponds unless only untreated surface
water or recycled water supplies are used for these decorative and recreational water
features as appropriate and sanitary.
9. Water service connection to the existing 14-inch water main located in East Copper
Avenue shall not be allowed.
10.Two independent sources of water, meeting Federal and State Drinking Water Act
Standards, are required to serve the tract including any subsequent phases thereof.
The two-source requirement may be accomplished through any combination of water
main extensions, construction of supply wells, or other acceptable sources of water
supply approved by the Assistant Public Utilities Director.
11.Engineered improvement plans prepared by a Registered Civil Engineer shall be
submitted for Department of Public Utilities review and approvals for proposed addition
and/or modification to the City Water System. Depict neighboring parcels and
proposed plans for their continued service.
12.All Public water facilities shall be constructed in accordance with The Department of
Public Works standards, specifications, and policies.
Public water service is allowed within private streets for Conditional Use Permit
Application No. C-13-138 subject to the following:
i) The granting of a public utility easement(P.U.E.).
ii) The Subdivider shall include at a minimum, the following terms in the Covenants,
Conditions, and Restrictions, subject to approval as to form by the City Attorney.-
Compliance
ttorney.Compliance with Section 12-1026 of the Fresno Municipal Code, as may be
amended.
• Compliance with Chapter 6 of the Fresno Municipal Code, relating to municipal
services, as may be amended.
• City Easements; Subdivider shall include a section of the Declaration entitled
"City Easements" wherein Declarant reserves, for the benefit of the City, non-
exclusive easements to enter the Community for the maintenance, repair and
replacement of the public water and sewer mains and lines that are to be
located within the private streets, and other public utility facilities. This section
shall also allow the City, at a minimum, to engage in any and all traffic control
measures necessary to preserve public health and safety during such
maintenance, repair and replacement of the facilities. Finally, this section shall
provide that neither the Association nor any Owner may interfere with the City's
right to exercise this easement.
• Costs of repair and/or replacement of asphalt and other street improvements
within the community due to repair of public utilities within the streets is at the
expense of the Homeowner's Association. These repairs and/or replacement
will be to City Standards.
• The Homeowner's Association agrees to hold harmless, indemnify and defend
the City of Fresno, and its officers, officials, employees, agents and volunteers,
against any claims or causes of action on account of or arising out of the City's
maintenance, repair or replacement of utilities or related replacement of asphalt
or street or other improvements The Homeowner's Association waives and
releases any and all claims or causes of action against the City related to such
repairs.
• Insurance provisions consistent with City requirements as determined by Risk
Management.
• Amendments Requiring City Approval. Proposed amendments to Section
of this Declaration, entitled "City Easements," shall be approved as to
form by the City Attorney prior to the amendments to such Section being valid.
No later than the date that is thirty (30) calendar days after its receipt of a
proposed amendment, the City shall deliver written notice of its approval or
disapproval of the proposed amendment to the party who delivered the
proposed amendment to the City. If the City fails to deliver such written notice
within such thirty (30) calendar day period, the City shall be deemed to have
approved the proposed amendment.
Water Fees
The following Water Connection Charges are due and shall be paid for the Project:
1. Wet-ties, Water service(s) and/or meter(s) installation(s).
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.45
NOTICE OF REQUIREMENTS
Page I of 4
PUBLIC AGENCY DEVELOPER
ISRAEL TREJO GARY G.GIANNETTA on
DEVELOPMENT SERVICES/PLANNING 1119"S"STREET
CITY OF FRESNO FRESNO,CA 93721
2600 FRESNO STREET,THIRD FLOOD
FRESNO,CA 93721
PROJECT NO: 5945 M4
ADDRESS: NWC COPPER AND CEDAR AVE. `� I
APN: 579-090-23S SENT: 06
Drainage Area(s) Preliminary Fee(s)
DE $103,792.00
TOTAL FEE:$103,792.00
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 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.
t
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. (n
Considerations which may affect the fee obligation(s)or the timing or form of fee payment:
a.) Fees related to undeveloped or phased portions of the project may be deferrable. 01
Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under
b.) which the development is being undertaken and if permanent provisions are made to assure that the site remains in that
configuration.
c.) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee
obligation.
When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,
e') reimbursement will be made for the excess costs from future fees collected by the District from other development.
Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the
f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or
5%of the refund whichever is less will be retained without fee credit.
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
Approval of this development shall be conditioned upon compliance with these District Requirements.
1. X a. Drainage from the site shall BE DIRECTED TO MILLBROOK&CEDAR AVENUES. on
X b. Grading and drainage patterns shall be as identified on Exhibit No.2
_ The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and
C. Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Non Non 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 "NON MASTER PLAN FACILITIES
TO BE CONSTRUCTED BY DEVELOPER".
None required.
3. The following final improvement plans and information shall be submitted to the District for review prior to final
development approval:
X Grading Plan
X Street Plan
X Storm Drain Plan 0
X Water&Sewer Plan
X Final Map
Drainage Report(to be submitted with tentative map) QD
Other
None Required
4. Availability of drainage facilities:
X Permanent drainage service is available provided the developer can verify to the satisfaction of the City
a' that runoff can be safely conveyed to the Master Plan inlet(s).
— b. The construction of facilities required by Paragraph No.2 hereofwill provide permanent drainage service.
_ Permanent drainage service will not be available. The District recommends temporary facilities until
C. permanent service is available.
d. See Exhibit No.2./
5. The proposed development:
Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate
Maps available to the District,necessitating appropriate floodplain management action.(See attached
Floodplain Policy.)
X Does not appear to be located within a flood prone area.
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.
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with
Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing
one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant
Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the
discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards.
These requirements apply both to pollutants generated during construction,and to those which may be generated by
operations at the development after construction.
a. State General Permit for Storm Water Discharges Associated with Construction Activities,effective July
1,2010,as amended. 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
and Permit Registration Documents to be covered and must pay apermit fee to the State Water Resources
Control Board(State Board),develop and implement a storm water pollution prevention plan,eliminate
non-storm water discharges,conduct routine site inspections,train employees in permit compliance,and
complete an annual certification of compliance.
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April, 1997
(available at the District Office). A State General Industrial Permit is required for specific types of
industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The
following categories of industries are generally required to secure an industrial permit:manufacturing;
trucking;recycling;and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and
implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine ■
site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant
indicators,and annually submit a report to the State Board.
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.
Gerald E.La an Neda Shakeri
District Engineer Project Engineer
5469 E.OLIVE-FRESNO,CA 93727-(.559)456-3292-FAX(5.59)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
CC:
DARIUS ASSEMI mn
1396 W.HERNDON AVE.,SUITE 101
FRESNO,CA 93711
GOLDIE LEWIS
1396 W.HERNDON AVE.,SUITE 101
FRESNO,CA 93711
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
NOTE:
THIS MAP IS SCHEMATIC
DISTANCES ARE APPROXIMATE.
"DE"
1
24
N COPPER AVE
a
Y
O
O
C
Q3
J
J_
11B JL11
q IN
82
J
_r
Z
m
24 ]9 B
O// ry6
71
LEGEND
Non-Master Plan Facilities To Be Constructed By Developer
(Not Eligible For Fee Credit)
1 "= 100 '
O— — Existing Master Pian Facilities
Future Pipe
— --- — Drainage Area Boundary TRACT 5945CUP 2013-138
DRAINAGE AREA "BZ"
1 EXHIBIT N0. 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
Prepared by:keRhr
Date:12/2/2013
Path:K:Wutocad\DWGS\OEXHIBIT\TRACTS\5945.mxd
OTHER REQUIREMENTS
EXHIBIT NO. 2
There are currently construction credits available from the original development agreement for
Tract 5205 that could be applied toward a portion of the fee indicated on Page 1 of this Notice.
Should other subdivisions covered under the original agreement finalize their maps prior to Tract
5945/CUP 2013-138, this credit will be applied to the first finalized maps, unless indicated
otherwise by Copper River Development Company, Inc.
The easterly portion (8.73 acres) of this project shall drain to Cedar Avenue and the westerly
portion (5.57 acres) shall drain to Millbrook Avenue.
In order to provide District's Basin "DE" (located in the northeast corner of Cedar and
Copper Avenues) irrigation for future basin landscaping and provide water for City recharge
the facilities shown on Exhibit No. 1 will need to be constructed. These Non-Master Plan
facilities have also been required of the developer of the Copper Avenue trail project (City
of Fresno). If these facilities are completed prior to the development of Tract 5945/CUP
2013-138 by City of Fresno, the construction requirement will be dropped.
Development No. Tract 5945
k\perm its\ex h i b i Mt rae I\594 5(ns)
San Joaquin Valley .01 E 91
AIR POLLUTION CONTROL DISTRICT HEALTHY AIR LIVING'
November 22, 2013
Israel Trejo
City of Fresno
Development & Resource Management Department
2600 Fresno Street, Room 3076
Fresno, CA 93721-3604
Agency Project: Vesting Tentative Map of Tract No. 5945/UGM & CLIP C-13-138
District CEQA Reference No: 20130967
Dear Mr. Trejo:
The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the
project referenced above. Vesting Tentative Map of Tract No. 5945/UGM proposes to
subdivide the property into a planned unit development of 152 single family residential
lots and 2 outlots for common areas (Outlot A for streets and Outlot B for open
space/park). CLIP C-13-138 proposes a gated planned unit development with private
streets and modified property development standards, located at 1312 East Copper
Avenue, in Fresno, CA. The District offers the following comments:
1. Based on information provided to the District, project specific emissions of criteria
pollutants are not expected to exceed District significance thresholds of 10 tons/year
NOX, 10 tons/year ROG, and 15 tons/year PM10. Therefore, the District concludes
that project specific criteria pollutant emissions would have no significant adverse
impact on air quality.
2. Based on information provided to the District, at full build-out the proposed project
would be equal to or greater than 50 residential dwelling units. Therefore, the District
concludes that the proposed project would be subject to District Rule 9510 (Indirect
Source Review).
District Rule 9510 is intended to mitigate a project's impact on air quality through
project design elements or by payment of applicable off-site mitigation fees. Any
applicant subject to District Rule 9510 is required to submit an Air Impact
Assessment (AIA) application to the District no later than applying for final
discretionary approval, and to pay any applicable off-site mitigation fees before
issuance of the first building permit.
Seyed Sadredin
Executive OirectorlAir Pollution Control Officer
Northern Region Central Region(Main Office) Southern Region
4800 Enterprise Way 1990 E.Gettysburg Avenue 34946 Flyover Court
Modesto,CA 95356-8718 Fresno,CA 937260244 Bakersfield,CA 933089725
Tel:1209)5578400 FAX:(109)557.6475 Tel:(559)230.6000 FAX:(559)230-6061 Tel:661392.5500 FAX:661392.5585
www.valleyair.org www.healihyairliving.com
Mott CE(24 Relemm No.20130967 Page 2
If approval of the subject project constitutes the last discretionary approval by your
agency, the District recommends that demonstration of compliance with District Rule
9510, including payment of all applicable fees before issuance of the first building
permit, be made a condition of project approval. Information about how to comply
with District Rule 9510 can be found online at:
httpJ/www.vallevair.orNISR/ISRHome.htm.
3. The .proposed project may be subject to District Rules and Regulations, including:
Regulation VIII (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601
(Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified
Asphalt, Paving and Maintenance Operations). In the event an existing building will
be renovated, partially demolished or removed, the project may be subject to District
Rule 4002 (National Emission Standards for Hazardous Air Pollutants). The above
list of rules is neither exhaustive nor exclusive. To identify other District rules or
regulations that apply to this project or to obtain information about District permit
requirements, the applicant is strongly encouraged to contact the District's Small
Business Assistance Office at (559) 230-5888. Current District rules can be found
online at: www.valleyair.orQ/rules/1 ruleslist.htm.
4. The District recommends that a copy of the District's comments be provided to the
project proponent.
If you have any questions or require further information, please call Sharla Yang, at
(559) 230-5934.
Sincerely,
David Warner
Director of Permit Services
SVS '�, n
For Arnaud Marjollet
Permit Services Manager
DW: sy
Cc: File
CLOVIS
U N I F I E D
SCHOOL DISTRICT
Governing Board
November 14, 2013 Sandra A.Bengel
Christopher Casado
Israel Trejo Brian D.Heryford
Development &Resource Management Ginny L.Hovseplan
2600 Fresno St.,Third Floor Richard Lake,C.P.A.
Fresno CA 93721-3604 Elizabeth J.Sandoval
Jim Van Volklnburg,D.D.S.
SUBJECT: Tentative Tract No. 5945
Administration
Janet L.Young,Ed.D.
P I Superintendent
MR—
asks Carlo Prandlni,Ph.D.
Assodate Superintendent
-� Cheryl Rogers,Ed.D.
I l Associate Superintendent
Steve Ward
f
Assoc/ate Superintendent
Dear Mr. Trejo:
The purpose of this letter is to provide school district information relative to the above-
referenced subdivision and to comply with Business and Professions Code section 11010,
subdivision (b)(1 1)(A) regarding the provision of school-related information to the
subdivider/owner and the State Department of Real Estate.
1. Elementary School Information:
(a) The subject land is presently within the attendance area of the elementary school
(grades K-6) listed below:
School Name: Valley Oak Elementary
Address: 465 E Champlain Dr Fresno CA 93 73 0-12 73
Telephone: (559) 327-8200
Capacity: 635
Enrollment: 538(CBEDS enrollment 2013-14 school year)
(b) Because of projected growth in the District and the District's plans for
construction of new school facilities, it is possible that (1) adjustment of school
attendance areas could occur in the future such that students residing in the
project area may be required to attend an elementary school other than the school
listed above, and (2) students residing in the project area may attend more than
one elementary school within the District during their elementary school years.
1450 Hemdon Avenue-Clovis.CA 93611-0599
559-327-9000•www.cusd.com
2. Intermediate School Information:
School Name: Kastner Intermediate
Address: 7676 N ISI St Fresno CA 93720-0995
Telephone: (559)327-2500
Capacity: 1331
Enrollment: 1055(CBEDS enrollment 2013-14 school year)
3. High School Information:
School Name: Clovis West High
Address: 1070 E Teague Ave Fresno CA 93720-1899
Telephone: (559)327-2000
Capacity: 2769
Enrollment: 2151(CBEDS enrollment 2013-14 school year)
3. Bus transportation is currently provided for grades K-6 students residing further than one mile from school
and for grades 7-12 students residing further than two and one-half miles from school. Transportation will
be available for students attending the above-identified elementary, intermediate and high schools in
accordance with District standards in effect at the time of enrollment.
4. The District currently levies a school facilities fee of $3.23 per square foot (as of July 11, 2012) for
residential development. The fee is adjusted periodically in accordance with law. New development on the
subject property will be subject to the fee in place at the time fee certificates are obtained.
The District hereby requests that the information in this letter be provided by the owner/subdivider to all
prospective purchasers of property within the project.
Thank you for the opportunity to comment on the project. Please contact me if you have any questions regarding
this letter.
Sincerely,
Steve Ward
Associate Superintendent
Administrative Services
I �
STATE OF I IFD) NIA—C I IFDRNIASTA TRANSPORTATION AGENCY EDMUND Q.BROWN Jr..Coyemm
DEPARTMENT OF TRANSPORTATION
DISTRICT 6
RIGHT CLICK[HERE]FOR ADDRESSES
PHONE (559)444-2493
FAX (559)445-5875
Flea your power!
TTY 711 Be energy efficient!
wwwAot.ca.gov
November 20,2013
2131-IGR/CEQA
6-FRE-41-31.6+/-
C-13-138&VT17M 5945
ASSEMI PUD
Mr. Israel Trejo
City of Fresno Development Department
2600 Fresno Street,Third Floor
Fresno,CA 93721-3604
Dear Mr. Trejo:
We have reviewed the revised application for the 152-lot single-family residential project within
the Copper River Ranch development. The project is located north of East Copper Avenue
between North Friant Road and North Cedar Avenue. Caltrans has the following comments:
The applicant for the Copper River Ranch Development agreed to pay a fair share of$700,000 to
mitigate for the project's impacts to the State Route 41/Friant Road interchange. The mitigation
for the residential portion of the development has been determined to be$176.24/unit. If this
portion of the Copper River Ranch project is approved with the 152 units specified in the current
application, the mitigation will be$26,788.48.
If you have any questions,please call me at(559)444-2493.
Sincerely,
�iYJ �G�-Gct�
DAVID PADILLA
Transportation Planner
"Caltrans improves mobility across California"
CITY OF FRESNO — ENVIRONMENTAL ASSESSMENT
FINDING OF CONFORMITY/MEIR NO. 10130/MND FOR PLAN AMENDMENT A-09-02
(AIR QUALITY MND)
DATE RECEIVED FOR FILING:
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
scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the
2025 Fresno General Plan
Applicant: Initial Study Prepared By:
Copper River 74, LLC. Planner: Israel Trejo
c/o Darius Assemi Date: December 27, 2013
1396 West Herndon Avenue, #101
Fresno, CA 93711
Environmental Assessment Number: Project Location (including APN):
C-13-138/T-5945 East side of North Friant Road, north of East
Copper Avenue
Vesting Tentative Tract Map No. 5945/UGM
Conditional Use permit No. C-13-138 APN: 579-090-23)
Project Description:
Gary Giannetta, on behalf of Copper River Ranch, LLC, has filed Vesting Tentative Tract Map No.
5945/UGM and Conditional Use Permit No. C-13-138, pertaining to approximately 11.80 acres of
property located at the northwest corner of North Cedar and East Copper Avenues, within the
Copper River Ranch Master Planned Community.
The property is located within the jurisdiction of the Woodward Park Community Plan and the 2025
Fresno General Plan. The Woodward Park Community Plan and the 2025 Fresno General Plan
designate the subject property for medium high density residential planned land uses. The
application is a request to subdivide approximately 11.80 acres into a 152 lot sing le-fa rnily
residential subdivision. Conditional Use Permit No. C-13-138 proposes a gated development with
private streets and modified property development standards. The existing R-2/UGM/cz (Low
Density Multiple Family Residential DistricVUrban Growth ManagemenUconditions of zoning) zone
district is consistent with the planned land use designation of medium high density.
The subject property is currently vacant.
Conformance to Master Environmental Impact Report (MEIR) NO. 10130:
The adopted 2025 Fresno General Plan and the Woodward Park Community Plan designate the
subject site for medium high density residential planned land uses. The existing R-2/UGM/cz (Low
Density Multiple Family Residential/Urban Growth ManagemenUconditions of zoning) zone district
for the subject property conforms to the medium high density residential planned land use
designation.
The Development and Resource Management Department staff has prepared an Initial Study (See
Attached "Modified Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/1\AND
For Plan Amendment A-09-02 (Air Quality MND)/Initial Study") to evaluate the proposed Vesting
Tentative Tract Map and Conditional Use Permit application(s) in accordance with the land use and
environmental policies and provisions of lead agency City of Fresno's 2025 Fresno General Plan
Finding of Conformity Under MEIR No. 10130 and the Air Quality HIND prepared for Vesting Tentative Tract Map No.
5945/UGM & Conditional Use Permit No. C-13-138
Environmental Assessment No. C-13-138/T-5945
December 27, 2013
Page 2
(SCH # 2001071097), the related Master Environmental Impact Report (MEIR) No. 10130 and the
Mitigated Negative Declaration prepared for Plan Amendment A-09-02 to amend the Air Quality
Element of the 2025 Fresno General Plan (Air Quality MND) and Program EIR No. 10126 prepared
for the Copper River Ranch Project. The subject property is currently vacant but may be developed
at an intensity and scale that is permitted by the planned land use designation and zone district
classification for the site. Thus, the proposed Vesting Tentative Tract Map and Conditional Use
Permit applications will not facilitate an additional intensification of uses beyond that which already
exists or would be allowed by the above-noted planned land use designation. Moreover, it is not
expected that the future development will adversely impact existing city service systems or the traffic
circulation system that serves the subject property. These infrastructure findings have been verified
by the Public Works and Public Utilities Departments. It has been further determined that all
applicable mitigation measures of MEIR No. 10130 and the Air Quality MND 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 Guidelines Section 15177(b)(3). In addition, this proposed
project was part of Program Environmental Impact Report No. 10126 prepared for the Copper River
Ranch Project which was certified by the City Council on June 3, 2003. EIR No. 10126 required
mitigation measures which have been incorporated into this project.
Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental
Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to
Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within
the scope of a MEIR, provided that the project does not cause additional significant impacts on the
environment that were not previously examined by the MEIR and the Air Quality MND. Relative to
this specific project proposal, the environmental impacts noted in the MEIR and the Air Quality NIND,
pursuant to the 2025 Fresno General Plan land use designations, include impacts associated with
the medium high density residential planned land use designation specified for the subject property.
Based on this Initial Study, the following findings are made: (1) The proposed project was identified
as a Subsequent Project in NIEIR No. 10130 because its, location, land use designation and
permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed
project is fully within the scope of the MEIR and Air Quality NIND and Program EIR No. 10126
because it will not generate additional significant effects on the environment not previously examined
and analyzed by the MEIR or Air Quality MND and Program EIR No. 10126 for the reasons set forth
in the Initial Study; and (3) other than identified below, there are no new or additional mitigation
measures or alternatives required.
In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources
Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead
agency, finds that no substantial changes have occurred with respect to the circumstances under
which the MEIR was certified and the Air Quality MND was adopted and that no new information,
which was not known and could not have been known at the time that the NIEIR was certified as
complete and the Air Quality MND was adopted, has become available. Moreover, as lead agency
for this project, the Development and Resource Management Department, per Section 15177(d) of
the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130
and the Air Quality MND shall be applied to the project as conditions of approval as set forth in the
attached Mitigation Monitoring Checklist (See "Master Environmental Impact Report (MEIR) No.
10130/SCH No. 2001071097 For the 2025 General Plan, Mitigation Monitoring Checklist).
Finding of Conformity Under MEIR No. 10130 and the Air Quality MND prepared for Vesting Tentative Tract Map No.
5945/UGM &Conditional Use Permit No. C-13-138
Environmental Assessment No. C-13-138/T-5945
December 27, 2013
Page 3
Public notice has been provided regarding staff's finding in the manner prescribed by Section
15177(d) of the CEQA Guidelines and by Section 21092 of the California Public Resources Code
(CEQA provisions).
— . December 27 2013
Will Tacket Date
Supervising Planner, City of Fresno
Attachments: Notice of Intent to Adopt A Finding of Conformity
Modified Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/1VIND
For Plan Amendment A-09-02 (Air Quality MND)/Initial Study for Environmental
Assessment No. C-13-138/T-5945
Master Environmental Impact Report (MEIR) No. 10130/SCH No. 2001071097 For the
2025 General Plan: Mitigation MEIR Mitigation Monitoring Checklist for
Environmental Assessment No. C-13-138/T-5945
Master Environmental Impact Report (MEIR) Review Summary (Attachment: Status of
MEIR Analysis with Regard to Air Quality and Climate Change)
CA0031810
L
E201310000333
CITY OF FRESNO Filed with:
NOTICE OF INTENT TO ADOPT A DEC 2 7 2013
FINDING OF CONFORMITY
IFREJ;gN C ERi(
PROJECT TITLE AND ENVIRONMENTAL ASSESSMENT By
Vesting Tentative Tract Map No. T-5945/UGM and DEPUTY
Conditional Use permit No. C-13-138 FRESNO COUNTY CLERK
2221 Kern Street, Fresno, California 93721
APPLICANT:
Copper River Ranch, LLC
c/o Darius Assemi
1396 West Herndon Avenue, #101
Fresno, CA 93711
PROJECT LOCATION:
East of the North Friant Road, north of East Copper
Avenue
340 35' 49,3512" N Latitude, 1140 57' 39.3732" W
Longitude
(APN: 579-090-23)
PROJECT DESCRIPTION: Gary Giannetta, on behalf of Copper River Ranch, LLC., has filed Vesting
Tentative Tract Map No. 5945/UGM and Conditional Use Permit No. C-13-138, pertaining to
approximately 11.80 acres of property located at the northwest corner of North Cedar and East Copper
Avenues, within the "Copper River Ranch" planned community. Vesting Tentative Tract Map No.
5945/UGM proposes to subdivide the property into a 152 lot single-family residential subdivision.
Conditional Use Permit No. C-13-138 proposes a gated development with private streets and modified
property development standards. The application is consistent with the planned land uses of medium
high density residential as designated by both the 2025 Fresno General Plan and the Woodward Park
Community Plan.
The City of Fresno has conducted an Initial study of the above-described project and it has been
determined to be a subsequent project that is fully within the scope of the Master Environmental Impact
Report No. 10130 (MEIR) prepared for the 2025 Fresno General Plan (SCH # 2001071097) and
Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH # 2009051016) (Air
Quality MND) and to the Program EIR No. 10126 (SCH # 2000021003) related to the Copper River
Ranch Project. Therefore, the Development and Resource Management Department proposes to
adopt a Finding of Conformity for this project.
With the mitigation imposed, there is no substantial evidence in the record that 'this project may have
additional significant, direct, indirect or cumulative effects on the environment that are significant and
that were not identified and analyzed in the MEIR, Air Quality MND or the Program EIR No. 10126
related to the Copper River Ranch Project. After conducting a review of the adequacy of the MEIR and
Air Quality MND pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and
Resource Management Department, as lead agency, finds that no substantial changes have occurred
with respect to the circumstances under which the MEIR was certified and the Air Quality MND was
� 2(3 13+600X0_3&3
E201310000333 �od
Notice of Intent to File
Finding of Conformity
EA No.T-5945/C-13-138
December 27,2013
adopted 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 and the Air Quality MND was adopted, has become available.
The project is not located on a site which is included on any of the lists enumerated under Section
65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land
designated as hazardous waste property, hazardous waste disposal sites and others, and the
information in the Hazardous Waste and Substances Statement required under subdivision (f) of that
Section.
Additional information on the proposed project, including the MEIR, Air Quality MND, Program EIR No.
10126, proposed environmental finding and the initial study may be obtained from the Development
and Resource Management Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno,
California 93721-3604. Please contact Israel Trejo at (559) 621-8044 for more information.
ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must
be in writing and must state (1) the commentor's name and address; (2)the cornmentor's interest in, or
relationship to, the project; (3) the environmental determination being commented upon; and (4) the
specific reason(s) why the proposed environmental determination should or should not be made. Any
comments may be submitted at any time between the publication date of this notice and close of
business on January 28, 2014. Please direct comments to Israel Trejo, Planner, City of Fresno
Development and Resource Management Department, City Hall, 2600 Fresno Street, Room 3043,
Fresno, California, 93721-3604; or by email to Israel.Treio a@fresno.gov; or comments can be sent by
facsimile to (559) 498-1026.
INITIAL STUDY PREPARED BY: SUBMITTED BY:
Israel Trejo, Planner
Will Tackv, Supervising Planne
DATE: December 27, 2013 CITY OFF
ES DEVELOPMENT AND
RESOURCE MANAGEMENT DEPARTMENT
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