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HomeMy WebLinkAboutT-5967 - Conditions of Approval - 7/9/2014 el ,iii, REPORT TO THE PLANNING COMMISSION cec��� AGENDA ITEM NO. VIII.B. rWILba COMMISSION MEETING 06/02/10 June 02, 2010 _. APPROVED BY FROM: JERRY D. BISHOP, Assistant Direct Plannin and Development De artme� PARTMENT DIRECTOR 9 P P KEITH R. BERGTHOLD, Assistant Director Planning and Development Department THROUGH: MIKE SANCHEZ, Planning Manager' Planning Division BY: WILL TACKETT, Planner IIIA Planning Division SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5967; AND, ENVIRONMENTAL ASSESSMENT NO. T-5967. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. ADOPT the Finding of Conformity, to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 and the Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (Air Quality MND), which was prepared for Vesting Tentative Tract Map No. 5967. 2. APPROVE Vesting Tentative Tract Map No. 5967 subject to compliance with the Conditions of Approval dated June 02, 2010. EXECUTIVE SUMMARY Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of APN Investments, LLC., property owner, has filed Vesting Tentative Tract Map No. 5967 pertaining to approximately 1.83 net acres (1.97 gross acres) of property located on the east side of North Polk Avenue between West Shaw and west Gettysburg Avenues. Vesting Tentative Tract Map No. 5967 proposes to subdivide the subject property for the purposes of creating a 12-lot conventional single family residential public street phased development at an overall density of approximately 6.56 dwelling units/per acre. An approximately 5.86 acre portion of the subject property is also proposed to be designated as a Remainder parcel in order to facilitate the phased development of the subject property in accordance with Vesting Tentative Tract Map No. 5599, which was previously approved for the Remainder portion of the subject property. The subject property is currently zoned under the R-1 (Single Family Residential) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan, West Area Community Plan, and Highway City Neighborhood Specific Plan, which designate the subject property for Medium Density Residential (4.99-10.37 dwelling units/acre) planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing R-1 (Single Family Residential) zone district and the proposed project density of approximately REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5967 June 02, 2010 Page 2 6.56 dwelling units per acre may be found to be consistent with the Medium Density Residential planned land use designation. The development and subdivision of the subject property in accordance with Vesting Tentative Tract Map No. 5967 and Vesting Tentative Tract Map No. 5599 will bring the subject property into conformance with the 2025 Fresno General Plan, West Area Community Plan and Highway City Neighborhood Specific Plan. PROJECT INFORMATION PROJECT Vesting Tentative Tract Map No. 5967 proposes to subdivide the subject property for the purposes of creating a 12-lot conventional single family residential public street phased development at an overall density of approximately 6.56 dwelling units/per acre. An approximately 5.86 acre portion of the subject property is also proposed to be designated as a Remainder parcel. APPLICANT ABN Investments, LLC. LOCATION East side of North Polk Avenue between West Shaw and West Gettysburg Avenues. (Council District 1, Councilmember Xiong) SITE SIZE Approximately 1.83 net acres / 1.97 gross acres (Remainder Parcel —Approximately 5.86 acres) LAND USE Existing - Vacant Proposed - Single Family Residential ZONING Existing & Proposed - RR=1 (Single Family Residential District) PLAN DESIGNATION Pursuant to Table 2 (Planned Land Use and Zone District Consistency AND CONSISTENCY Matrix) of the 2025 Fresno General Plan and Section 12-403-13-1 (Zone District Consistency Table) of the FMC, the existing R-1 zone district designation for the subject property and the proposed density of approximately 6.56 dwelling units per acre are consistent with the 2025 Fresno General Plan, West Area Community Plan and Highway City Neighborhood Specific Plan planned land use designation of Medium Density Residential (4.99-10.37 dwelling units per acre) for the subject property. ENVIRONMENTAL Finding of Project Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097) and Mitigated Negative Declaration No. A-09-02 (SCH # 2009051016) REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5967 June 02, 2010 Page 3 PLAN COMMITTEE District 1 Plan Implementation Committee unanimously recommended RECOMMENDATION approval of Vesting Tentative Tract Map No. 5967 at the regular scheduled meeting held on February 23, 2010 subject to staff recommendation that Tract 5599 record first in phasing order; and, that a safe route to school from adjacent property to the east be retained. STAFF Recommend Commission adopt Environmental Assessment No. RECOMMENDATION T-5967; and, approve Vesting Tentative Tract Map No. 5967 subject to compliance with the Conditions of Approval dated June 02, 2010. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium Density Residential R-1 Vacant/ Single Family Single Family Residential District Residential South Medium Density Residential Single Family Residential District Vacant/Church East R-1 Medium & Medium-High Density Single Family Residential District Residential & Vacant/ Mobil Home Park AE-5 Exclusive Five Acre Agricultural District West R-1 Medium Density Residential Single Family Residential District & Single Family Residential & / Public Facility/ Elementary A& Elementary School School Exclusive Five Acre Agricultural District ENVIRONMENTAL FINDING The Planning and Development Department staff have 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 Negative Declaration (MND) No. A-09-02 (SCH # 2009051016). The subject property has been proposed to be developed at an intensity and scale that is permitted by the Medium Density Residential (4.99-10.37 dwelling units/acre) planned land use designation and existing R-1 (Single Family Residential) zone district classification for the subject site. Thus, the subdivision of the subject property in accordance with Vesting Tentative Tract Map No. 5967 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. If has been further determined that all applicable mitigation measures of MEIR No. 10130 and HIND No. A-09-02 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5967 June 02, 2010 Page 4 significant effects beyond those identified by NIEIR No. 10130 and MND No. A-09-02 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 NIEIR 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 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 NIND No. A-09-02 (as indicated on the attached Environmental Assessment Checklist) 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. Therefore, the project proposal has been determined to be within the scope of the MEIR and MND as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR No. 10130 dated March 05, 2010, 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 Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the NIEIR was certified and the MND adopted; and, 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 G. Giannetta Civil Engineering & Land Surveying, on behalf of APN Investments, LLC., property owner, has filed Vesting Tentative Tract Map No. 5967 pertaining to approximately 1.83 net acres (1.97 gross acres) of property located on the east side of North Polk Avenue between West Shaw and west Gettysburg Avenues. Vesting Tentative Tract Map No. 5967 proposes to subdivide the subject property for the purposes of creating a 12-lot conventional single family residential public street phased development at an overall density of approximately 6.56 dwelling units/per acre. An approximately 5.86 acre portion of the subject property is also proposed to be designated as a Remainder parcel in order to facilitate the phased development of the subject property in accordance with Vesting Tentative Tract Map No. 5599, which was previously approved for the Remainder portion of the subject property. The subject property is currently zoned under the R-1 (Single Family Residential) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan, West Area Community Plan, and Highway City Neighborhood Specific Plan, which designate the subject property for Medium Density Residential (4.99-10.37 dwelling units/acre) planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing R-1 (Single Family Residential) zone district and the proposed project density of approximately 6.56 dwelling units per acre may be found to be consistent with the Medium Density Residential planned land use designation. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5967 June 02, 2010 Page 5 The subject property and adjacent properties located to the north and south of the subject property remain vacant. Property located further to the south and west of the proposed Remainder parcel has been developed and is being utilized by the Central Community Church and the Fresno County Economic Opportunities Commission (FCEOC) Molly Nevarez "Head Start" Preschool Program. Properties located directly to the west of the subject property and across North Polk Avenue have been developed with single family residences within the Medium-Low density range (2.19-6.00 dwelling units per acre) as part of Tract 4339 (recorded 1995). Also, located to the southwest, across North Polk Avenue, is Teague Elementary School. Property located to the east of the proposed Remainder parcel has been developed as a mobile home park. On November 28, 2006, the Fresno City Council approved Vesting Tentative Tract Map No. 5599 for the Remainder portion of the subject property; and, adjacent property located to the immediate north and east of the subject property. Approval of Vesting Tentative Tract Map No. 5599 authorized subdivision for a proposed 65-lot conventional single family residential public street phased development (please reference illustrations below for further information). On April 29, 2009 the City of Fresno approved Lot Line Adjustment No. 2009-02 (LLA-09-02) for the purpose of facilitating a transfer of ownership between the subject property owner, ABN Investments, LLC., and the interests in the ownership and use of the Central Community Church property located to the south of the subject property. The transfer of ownership occurred as an amiable and mutually beneficial agreement between the parties in order to capitalize on an opportunity to "swap" land holdings; thereby creating contiguous portions of developable land for each respective interest (please see illustrations below). ABN Investments, LLC., Ownership Prior to LLA-09-02 y il— � Q 8 Rex rv[,oo.l r,Moan a IRoo r°h'p A i�IMm's v n�.cr nei�[°O11I"�' �°�d•T c� ]�.�M.mw r rima lam ]�,'RO"p/�OORI]'rl AG S e45 4 11[e—,* ,.MAI WTI� F4 aC al 9,YRi MI-1.�0 4 Ial y' NC I,im IQ lim M f OIMIP O M[M.RI a y, a 11[Ndl'IfM)aW11P of OI 1,RSn Q 04 M lOUIl1�fWQ a't01 1, I,OC 11[ 10"�OIROI a 10,) GYRO a 56'14 IS Ip81 aoc n[SmR uc a Rrm"rr In,I-f. W Ro.sn wo a rK lalm Y[ ai"sou"i sf-u�mil o n"et � �> m eW u[ar s]R a M LNIR61 owmR m R[xoler sr 0.1YIeRR m s[rna 1! aYRla a S[enwl IS fr U Z PAR Y•P Nb. m. O (F I)Id,n 1]10.11' Z m Q 4 ( R g g ,§r1 2 _ 3 _4 5 6 g 7 - 8 -_9 _10 11-_12 _13 17 _18 19 20 8 21 q r�iool¢Igiy`�' A vrds a v, r ?°' to • WEST ACACIA i0 _ AVENUE'____ x�r3a[ q •[1 1 __ _E $165• 4•_63•-62-. 61 0•_591 IMM mr.A. sem[ I m mI Ii i� µ - 51 Ir w56u[ 1 24 ' 43 a, ,m45 57 25 ;� _ Ir 1 4 •nti• ,� � _ it REMAINDER � 142 ••I• le 49 1�L S3 �� 93 �1 126 �y c1 �.] ILtl 1 147 55 I� < 41 .• oo�Q usi v ni soYlx I]a5ao"Aa 1�. ' a A•WEST • A 28 1 v MaRM"ivaw . k_ AVENUE < 29 Rm x,c mr r Ra uoan a� r 1^V ,s X39 ',et 38' 37 b_36 b_35�_34-_33• , 2 31 30 e erw7o'[ s![m' tlsoRONc 11[�4o�140Mi[�Ir,o uu O 0 s ��e,�iro.�5�awnluea a 7 wu aance�•,, li A0� a01YR1�1R"rc a"racll1pO�''" REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5967 June 02, 2010 Page 6 ABN Investments, LLC., Ownership after LLA-09-02 b a"! a�ci Ixeue'�''coed°'a<wAn ti�M1��� n a g [ .�eoc x worne ratn m nc saner _ g�g� q a mr r n nun a apt �d�4 �•� -y rna in�011ix u�1°rcQ11xr �.s a m w4s ue a nve.e vu,vr� iaoa. em rR �mn i rem AY iam `— WAM w xmnt•w • ve x•Mnasl mtaa v iiuo a ,n n m n omim1p1 � x edue�rsra M w°f.�i Z err awia o s¢m.le sue x mule u[a NAm.v xt el-a, o Wm[tA u sw n x sanxQl a.Alu a x IOleaar.P' aw "'� >> mwlme Q>a,x le C o [[ A`CELp YAP NU.ei-39 i e le t e )� �> [ N �v n"� i- v'y' 1 9 2 } -4' S 6 - 7 8 9 10 I I 12 13 14 15t'6 17 18• 19 20 21 q3 a xn1R1unie4 0 O j e • WEST - _ACACIA %1 AVENUE •_ ni b S _---- - - e�[ _ {}vstx t t4ue� J62 85 4 6} 610591 w ;Q !i .vat mn m i 11 mss•[� r 44 51 ,dam '24 45 u 57 _ 9 25 43 {I; REMAINDER2 z 'e5UC,SBR 26 - We W[ ' �i aQ 41ax a 47 A y�t�l j • �g� 5 ' - '�osar� an[a�i nada F •Im -�I "t fl.WEST � '28 40 s {; AVENUE 48 rF r 64 '1°`�c""�0' e ` ,a 39 _h 38 37 36 35• 3--J33. -2- 3301 �°sdt( . ave is manr r >•uc ris x" >t er e sr4rac t e [ w�, i ea'•or >R� Vesting Tentative Tract Map No. 5967 was subsequently filed for the contiguous portion of property acquired through LLA-09-02; and, the interests in the ownership and use of the church acquired contiguous land on which they may entertain a proposal to expand operations within a larger "master"' campus. Vestinci Tentative Tract Map No. 5967 Sheet l �3 1 Sc 4 5 57 8 -3 _ ie 7 18 19 2+1 _^7 APH 510-030-13 Ii �IN,•IY' ;`x!;: ;S� S �IeD VACANT R-1 _.........................._...! ..........._._ — �.— _..... - -- — - - -.. ........ I W£ ..-_.__...... AVENUE —- .......... . 10 1 2 3 4 5 6 7 8 9 e5 s4 s} ! e2 e+ ? sl) I= s5: _N 4 12 m4 VACANT R -' - R 1 -I , - __ . I ... - STNGLE FAMILY RESIOENTNLI.. _ VACANT APN 6,0_030_2342 f 49 R REMAINDER ................ « , _ .rAna Nerve-e.m•ars------'-; 27 ?7 41 Q , I ......—...... na -W T----w, -- — R-1 !U ......... .. ........................ ._.... .-- CHURCH ... ... - _.9 APN 510-030-25 � � � � � '------ I 30 >x'4 R-1 CHURCH APN 510-030-17 REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5967 June 02, 2010 Page 7 Vesting Tentative Tract Map No. 5967 proposes lots which are comparable in size and consistent in treatment with those lots approved as part of Tract 5599. The 12-lots proposed by Vesting Tentative Tract Map No. 5967 are situated on the south side of the entryway street from North Polk Avenue (West Acacia Avenue), which was approved for dedication with Tract 5599; providing an appropriate balance for the entryway streetscape, which will "complete" the previously approved subdivision in a uniform fashion. It should also be noted that due to requirements for: (1) Provision of a second point of access for emergency vehicles; (2) Accommodations for solid waste service vehicles; (3) Sewer extensions and connections; (4) Provision of two independent sources of water; (5) Adequate drainage to existing Fresno Metropolitan Flood Control District Master Plan facilities located to the south; and, in consideration of limiting the amount of temporary facilities that would otherwise be required to serve the tract, staff in consultation with the project engineer has placed a condition requiring that the adjacent Tract 5599 record first, in its entirety. Therefore, Tract 5967 may be considered a latter "phase" of Tract 5599; and all required dedications and improvements will essentially have been previously satisfied through dedications, securities and construction afforded by the prior recordation and subdivision of Tract 5599. Public Resources The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project subject to the provision of on-site sanitary sewer main connections and extensions and the construction and installation of public water facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies; including the provision of two independent sources of water, meeting Federal and State Drinking Water Act Standards. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130 and the Water Resources Management Plan will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. The subject property is within two miles of City of Fresno Fire Station No. 16. The City of Fresno Fire Department has conditioned the proposed project with requirements for installation of fire hydrants and the provision of adequate fire flows per Public Works Standards with two sources of water; and, payment of the Citywide Fire Facilities Impact Fee. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent drainage service will be available for the development subject to the developer demonstrating and designing street grading for the safe conveyance of runoff to existing FMFCD "Master Plan Facilities" located within Tract 4217 to the south. Amendments or modifications to the FMFCD requirements will be required to be approved by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code, prior to approval of the final map. The Fresno Irrigation District's (FID) Teague School Canal also traverses the western portion of the subject property within a 15-foot wide easement along the east side of North Polk Avenue. FID has required that the existing cast-in-place monolithic non-reinforced pipe which was installed in 1962 be replaced with new Rubber Gasketed Reinforced Concrete Pipe (RGRCP). Streets and Access Points The project is a public street development proposing one major street entryway that will provide principal access from North Polk Avenue. Secondary points of access will also be afforded through REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5967 June 02, 2010 Page 8 adjacent subdivisions (i.e., Tract 5599, Tract 2842 to north, and Tract 4217 to south); including a connection to West Gettysburg Avenue to the south. The 2025 Fresno General Plan Circulation Element designates North Polk Avenue as an "Arterial" street. The project will be required to construct all frontage improvements to City Standards. Right-of-way dedications and/or vacations will also be required along adjacent public streets in accordance with City of Fresno requirements to provide for the necessary improvements. Interior local streets are proposed to be dedicated for public use and will utilize a 50-foot wide street right-of-way section. The 50-foot wide street right-of-way section provides for vehicular parking and sidewalks on both sides of streets and an option between monolithic sidewalks or inclusion of parkway landscaping. The Public Works Department, Traffic Engineering Division has reviewed the proposed vesting tentative tract map application and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to requirements for improvements and right-of-way dedications as listed within the City of Fresno Department of Public Works memorandum dated April 29, 2010. These improvement and dedication requirements generally include the dedication and improvement of adjacent portions of North Polk Avenue including: design and construction of a partial median opening (to allow for right-in, right-out and left-in turns only) at the intersection of North Polk Avenue with West Acacia Avenue; construction of center section travel lanes and raised concrete median from the limits of the subdivision north to essentially West Santa Ana Avenue; and, the provision of a minimum 4-foot wide asphalt path across adjacent properties to the south (i.e. adjacent "church" properties)where sidewalk is missing. The project will be required to pay the Traffic Signal Mitigation Impact (TSMI) Fee of $450.94 per single family dwelling unit at the time of occupancy, based on the trip generation rates set forth in the latest edition of the ITE Trip Generation Manual and the Master Fee Schedule. The project will also be required to pay all applicable New Growth Area fees (Fresno Major Street Impact (FMSI) Fee and City- wide regional street impact fees. The proposed map was formally accepted on December 17, 2009 and is therefore vested against the Regional Transportation Mitigation Fee (RTMF). Furthermore, the California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the vesting tentative tract map application. Caltrans has provided a response of "no comment" indicating that this project is not responsible for a fair share contribution to mitigate for project-related impacts to the State Highway System per the "City Formula" attached to the "Interim Agreement for the Identification of Measures to Mitigate Impacts to the State Highway System Resulting from City Approved Projects." (The City of Fresno has entered into an interim agreement with Caltrans, as of February 23, 2006, for the identification of measures to mitigate impacts to the state highway system and to impose a mitigation fee as contemplated by the agreement.) The area street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to, and recognize the traffic generating characteristics of, individual properties and, at the same time, afford the community an adequate and efficient circulation system. LandscapingMalls Given that the proposed subdivision is located adjacent to and abutting a major street (North Polk Avenue) within the boundaries of the West Area Community Plan, the development will be required to install landscaping within a minimum 20-foot wide buffer strip along the North Polk Avenue arterial street frontage. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5967 June 02, 2010 Page 9 A solid masonry sound attenuation walls will be required to be constructed along the North Polk Avenue frontage, at the rear of the landscaped buffer to mitigate noise from the major street. All interior local street frontages of proposed lots will contain a combination of pedestrian easements as well as minimum 10-foot wide planting and public utilities easements. Consistent with the requirements of Tract 5599, staff has also conditioned this map with a requirement for the provisions of two trees in the front yards of each residential lot; one of which will be required to be planted to shade the sidewalk. Two street trees will also be required on the street side yards of all tract lots which have designated landscape easements in order to facilitate and enhance pedestrian use and the streetscape experience. District 1 Plan Implementation Committee The District 1 Plan Implementation Committee unanimously recommended approval of Vesting Tentative Tract Map No. 5967 at its regular scheduled meeting held on February 23, 2010 subject to staff's recommendation that Tract 5599 record first in phasing order; and, that a safe route to school from adjacent property to the east be retained. City of Fresno Planning and Development and Public Works Traffic Engineering staff did meet with representatives of the property owner and the adjacent Central Community Church property. Based upon previous negotiations and concerted efforts, the working relationship between the two entities with consideration to future planning for the area was evident. The existing path being used by children living within the adjacent mobile home park to the east of the subject property was a topic of discussion respective to the future connectivity of the area. Staff has received assurance from both the subject property owner and church interests that a collaborative effort will be made to assure that a "safe route to school" from the adjacent mobile home park will be retained through the future planning and development of the respective properties. Tentative Tract Map Findings The Subdivision IVlap Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 Fresno General Plan and West Area Community Plan which designate the site for Medium Density (4.99-10.37 dwelling units/acre) residential land uses. Pursuant to Fresno Municipal Code Section 12-403-B the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because all agricultural uses on the subject property have been discontinued. The subject property remains fallow without trees, vegetation, or irrigation to sustain and attract wildlife; or, provide a suitable habitat to species other than vermin. REPORT TO THE PLANNING COMMISSION Vesting Tentative Tract Map No. 5967 June 02, 2010 Page 10 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms to city health and safety standards, specifications, and policies. 5. The proposed subdivision design will not conflict with public easements within or through the site, because the project design and conditions of approval will assure noninterference with any existing or proposed easements on the subject property. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Action by the Planning Commission regarding the vesting tentative tract map is final unless appealed in accordance with the Fresno Municipal Code, Section 12-1019. Attachments: Vicinity Map 2008 Aerial Photograph Public Hearing Notice Mailing List Vicinity Map Vesting Tentative Tract Map No. T-5967 dated May 05, 2010 Conditions of Approval for T-5967, dated June 02, 2010, including memoranda from responsible or commenting agencies. Environmental Assessment No. T-5967, Finding of Conformity to the 2025 Fresno General Plan MEIR No. 10130 (SCH # 2001071097) and Mitigated Negative Declaration No. A-09-02 (SCH # 2009051016)dated March 05, 2010. 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The following specific conditions are applicable to this vesting tentative map: NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5967, the subdivider may prepare a Final Map in accordance with the approved tentative map. a) The entirety of Tract No. 5599 shall record as initial "phases" prior to the recordation of a final map for any portion of Tract No. 5967. • NOTE: This requirement shall not be construed as to limit the ability to file multiple final maps for Tract 5599. 2. An Air Impact Assessment (AIA) application for the proposed project shall have been submitted to the San Joaquin Valley Air Pollution Control District prior to the submittal/acceptance of any phase of the Final Map for recordation/processing. 3. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 4. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 5. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 2 of 12 engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 6. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 7. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 8. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 10. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 11. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. GENERAL INFORMATION 12. 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 Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 3 of 12 expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. i) Attached for the subdivider/developer's use is a copy of the Mode of Delivery Agreement— New Construction Form. 13. 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. 14. 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. 15. 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. 16. 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. 17. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 18. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 19. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 20. 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. 21. 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 Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 4 of 12 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. ZONING & PROPERTY DEVELOPMENT STANDARDS 22. The subject property is zoned R-1 (Single Family Residential District). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the R-1 (Single Family Residential) zone district. 23. In accordance with Policy W-4-c of the West Area Community Plan, the following design standards shall be required for development of homes and garages in nonclustered residential subdivisions: a) Roofing material shall consist of one of the following except for roofing used over rear yard patios: i) Architectural grade composition roofing guaranteed by the manufacturer for at least 20 years. ii) Cement or clay tile iii) Treated wood shakes iv) Architectural grade metal and coated non-glare decorative metal roofing products. Building Setbacks 24. Building setbacks shall be provided in accordance with the R-1 (Single Family Residential) zone district; and, the following: a) On a reversed corner lot, the side yard abutting the street shall be not less than 15 feet (i.e. Lot 10 of Vesting Tentative Tract Map No. 5967 dated May 05, 2010. Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 5 of 12 b) For a key lot, as defined in Subsection 12-1002.1(k), the side yard main building setback shall be 10 feet (i.e., setback from east property line of Lot 9 of Vesting Tentative Tract Map No. 5967 dated May 05, 2010). For exceptions for the main building side yards, Subsection 12-306-E-4 of the Fresno Municipal Code shall apply. Fences, Hedges &Walls 25. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required 20-foot wide landscaped area along North Polk Avenue (i.e., at rear of landscape easement along west property line of Lot 1 of Vesting Tentative Tract Map No. 5967 dated may 05, 2010). a) The six-foot high solid masonry wall required at the rear of the landscape easement along North Polk Avenue shall be constructed with a material and finish, which is consistent with the wall required to be constructed along North Polk Avenue for Vesting Tentative Tract Map No. 5599. 26. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 27. Fences, hedges, and walls, not greater than six feet in height, shall be permitted on all rear and interior side property lines and on or to the rear of all front and street side yard setback lines with the following exceptions: a) Within the "Corner Cut-Off Areas" as defined by, and in accordance with, Section 12- 306-H-3 of the Fresno Municipal Code. b) In that triangular area of a reversed corner lot (i.e. Lot 10 of Vesting Tentative Tract Map No. 5967 dated May 05, 2010) where the rear and street side property lines meet. Said area is determined by measuring from that intersection along both the rear and street-side property lines, a distance equal to the front yard setback distance of the abutting property, then connecting those points, thereby forming, that triangle. i) No fence, hedge or wall over three feet in height shall be permitted in the excepted triangular area defined above. 28. Provide a corner cut-off area at all entryway intersections, where walls or fences are required, in accordance with Section 12-306-H-3-d of the FMC. • NOTE: 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. a) The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 6 of 12 29. All landscaping adjacent to walls or fences shall comply with the City of Fresno "Anti- Graffiti Landscaped Buffer Development and Planting Standards." LANDSCAPING AND OPEN SPACE 30. In accordance with Policy No. W-3-b of the West Area Community Plan, the subdivider shall provide a minimum 20-foot wide landscaped area (and irrigation system) along the North Polk Avenue frontage of all lots proposed to be created within the boundary of this map. (i.e., west property line of Lot 1 of Vesting Tentative Tract Map No. 5967 dated May 05, 2010). 31. Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards," shall be required adjacent to all required walls or fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 32. Landscape plans for any portion of the property on, or abutting, the existing or proposed Fresno Irrigation District (FID) pipeline easement are required to be submitted to FID for review and approval prior to being submitted to the City of Fresno. a) After being approved in final form by FID, landscape plans for this tract shall be submitted to the Planning and Development Department and to the Department of Public Works for review and approval prior to recordation of the Final Map for Tract 5967. 33. The subdivider shall dedicate 10-foot wide easements along local streets, with concomitant pedestrian easements as may be required by any proposed alternative sidewalk pattern, and shall improve these easements to facilitate and enhance pedestrian use. 34. 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 landscape easements as determined by the Planning and Development Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet 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 Section 12-306-N-23, Water Efficient Landscape Standards and AB 1881 Model Water Efficient Landscape Ordinance. • NOTE: The Conditions of Approval for the adjacent Tentative Map for Tract 5599 required: (1)That two street trees shall be required in the front yard side of each residential lot, one of which shall be planted so as to shade the sidewalk; and, (2) That two street trees shall be required on the street side yards of all tract lots having designated landscape easements in their side yards. a) Street trees and front yard landscaping within the boundaries of Vesting Tentative Tract Map No. 5967 shall be provided in a form which is consistent and complementary to the adjacent Tract 5599 in order to facilitate and implement a uniform streetscape for the two respective residential subdivisions. Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 7 of 12 35. Pursuant to Policy No. W-4-c of the West Area Community Plan, full front yard landscaping and irrigation shall be installed prior to occupancy of residential units developed on lots proposed to be created by Vesting Tentative Tract Map No. 5967. 36. Comply with all of the: (1) Street Tree; (2) Buffer Landscape & Maintenance; (3) Median Island Landscape; and, (4) Outlot requirements stipulated within the Department of Public Works memorandums from the Parks Supervisor dated January 11, 2010. STREETS AND RIGHTS-OF-WAY 37. The following street names shall be corrected on the tentative map: Street Name Status Required Change Blank cul-de-sac Add North Constance Avenue (See Sheet 1 of 2 for Remainder Parcel) 38. 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. 39. Comply with all of the requirements of the Public Works Department, Engineering Division memorandum dated April 29, 2010 (Revision 1). SANITARY SEWER SERVICE The nearest sanitary sewer mains to serve the proposed project is an 8-inch main located in North Barcus Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 40. Comply with all of the requirements of the attached Public Utilities Department, Planning and Engineering Division memorandum dated January 21, 2010. WATER SERVICE The following conditions are required to provide water service to the tract: 41. Comply with all of the requirements of the attached Department of Public Utilities, Water Division memorandum dated February 11, 2010. SOLID WASTE SERVICE This tract will be serviced as Single Family Residential Properties with Basic Container Service, subject to the following conditions: 42. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated February 23, 2010. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 43. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated January 26, 2010. Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 8 of 12 FLOOD CONTROL AND DRAINAGE 44. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Planning and Development Department dated February 09, 2010. COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH 45. Comply with all of the requirements of the attached County of Fresno Department of Community Health memorandum dated February 09, 2010. FRESNO IRRIGATION DISTRICT 46. Comply with all of the requirements stipulated within the attached Fresno Irrigation District memorandum dated February 19, 2010. CENTRAL UNIFIED SCHOOL DISTRICT 47. Attached for the developer/subdivider's records is the Central Unified School District memorandum dated February 22, 2010. RIGHT-OF-WAY ACQUISITION 48. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 49. 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. 50. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 51. 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. 52. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 9 of 12 appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. MAINTENANCE OBLIGATIONS 53. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for maintenance of such items. a) Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street right-of-ways to be dedicated to the City of Fresno for maintenance purposes and any related work required. b) Maintenance of all landscape and irrigation systems on sides adjacent to the tract. c) Maintenance of all local street curbs, gutters and sidewalks as approved by the Public Works Department within the boundary of the tentative map. d) Maintenance and operating costs of all local street lights as approved by the Public Works Department within the boundary of the tentative map. e) Maintenance of all street trees as approved by the Public Works Department within the boundary of the tentative map. 54. If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. a) Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (5ttp://www,fresno.gou,) under the Public Works Department Developer Doorway. 55. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. This shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. 56. Proceedings to place the Final Map into a CFD shall not commence until the Final Map has been annexed into the City of Fresno and the Final Map, Landscape and Street Construction Plans are considered to be technically correct. 57. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 10 of 12 58. Should the City Council or owner/developer choose not to include the maintenance items listed above in a CFD, then the property owner/developer shall create a homeowners' association for the maintenance of these items and proposed private streets, utilities, and walls/gates. a) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the Fresno Municipal Code. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met, then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) 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. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FEE RATE a. FMFCD Drainage Fee $12,374.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge [4] $0.10/sq. ft. (to 100' depth) c. Oversize Charge [4] $0.05/sq. ft. (to 100' depth) d. Trunk Sewer Charge [4] $419.00/living unit Service Area: Cornelia e. Wastewater Facilities Charge [4] $2,119.00/living unit f. Fowler Trunk Sewer Interim Fee Surety [4] N/A g. Copper Avenue Sewer Lift Station Charge [4] N/A h. House Branch Sewer Charge [2] N/A Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 11 of 12 WATER CONNECTION CHARGES FEE RATE i. 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 j. Frontage Charge [4] $6.50/lineal foot k. Transmission Grid Main Charge [4] $643.00/gross acre (parcels 5 gross acres or more) I. Transmission Grid Main Bond Debt Service Charge [4] $243.00/gross acre (parcels 5 gross acres or more) m. UGM Water Supply Fee [2] N/A Service Area: n. Well Head Treatment Fee [2] N/A Service Area: o. Recharge Fee [2] N/A Service Area: p. 1994 Bond Debt Service [4] N/A Service Area: CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE q. Fire Facilities Impact Fee— Citywide [4] $539.00/living unit r. Park Facility Impact Fee — Citywide [4] $2278.00/living unit s. Quimby Parkland Dedication Fee [2] $1120.00/living unit t. Citywide Regional Street Impact Fee [4] $8,361.00/adj. acre u. New Growth Area Major Street Fee [4] $18,790.00/adj. acre v. Police Facilities Impact Fee — Citywide [4] $624.00/living unit w. Traffic Signal Charge [4] $450.94/living unit x. Regional Traffic Mitigation Fee [4] $1,200.00/living unit y. UGM Right of Way Acquisition Charge N/A Vesting Tentative Tract Map No. T-5967 June 02, 2010 Page 12 of 12 Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. MODE OF DELIVERY AGREEMENT - NEW CONSTRUCTION United States Postal Service - Sacramento District Project Information Name of Project: ZIP CODE: Estimated# Route Type/Number Location: Deliveries: City# Rural# Contract# To Be Unit/Office: Determined Estimated Delivery Date(Month and Year) ' USPS Contact Information Contact Made By Date: Telephone#: Builder/Developer Contact Information Name: Title: JPhone: Firm: Address: Equipment Information TYPE OF PROJECT TYPE&QUANTITY OF EQUIPMENT check Centralized Non-Centralized type Deliveries Floors QTY Equipment QTY Equipment Office Bldg. CBU Type 1 8 Curbside 2/ ost Shopping/Strip Mall CBU Type II 12 Curbside 3/post Apt./Condo CBU Type III (16) Curbside 4/post Townhomes CBU Type IV 13) Other(Specify) Modular Homes Wallmount Std4C Single Family Parcel Lockers Other(Specify) Purchase/Installation Responsibility Owner/Developer r—�U.S.P.S. Other: See Comments Issue Key Responsibility Owner/Developer U.S.P.S. Other See Comments Comments: See attached maps for designated locations. ( J )Builder/Developer/Property Owner understands that helshe must comply with USPS Cement Pad Specifications. Copy provided. This Agreement will document that the builderldeveloper will purchase and install the centralized delivery equipment as indicated above at the specified locations. Locations must be clearly designated on plat maps provided by the builder or developer. Any changes must be approved jointly by both undersigned individuals. USPS REPRESENTATIVE: PROPERTY OWN ER/DEVELOPER/MANAGER: Name: Cathy Gilles "Name: Title: Growth Coordinator 'Title: Si nature: Date: *Signature: Date: Telephone#: 559-241-0932 "Telephone#: FAX* 559-241-0935 'FAX#: DISTRICT APPROVAL. DATE. MODE OF DELIVERY AGREEMENT.xls1/12/2009 Pagel D E P A R T M E N T O F P U B L I C W O R K S TO: Will Tackett, Planner III Planning Division FROM: Hilary Kirriber, Parks Supervisor II (559.621.8794) Engineering Division DATE: January 11, 2010 SUBJECT: Tract 5967, 4726 North Polk Avenue (APN:510-030-24) located on the east side of N. Polk Ave. Between West Shaw and West Gettysburg Avenues. The Department of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Gary G. Gianetta, Civil Engineering & Land Surveying, on engineering plans dated December 10, 2009. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street rights-of-ways: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and for the dedication of planting and buffer landscaping easements. 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 Model Water Efficient Landscape Ordinance. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME North Polk Avenue Sapium sebiferum (Chinese Tallow) 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting (8-10' PPUE), the developer shall,plant one tree for each 60' of street frontage, or one tree per lot having street frontage, whichever is greater. 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 all City of Fresno Local Codes and standards. c. Landscape plans for all public use areas, such as parkways, buffers, medians, and open spaces, 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 requirements set by the City of Fresno. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS 1. The subdivider shall provide longterm maintenance for all proposed landscaped areas by either petitioning for annexation in the Community Facilities District or by some other mechanism approved by the City. 2. Maintenance Service Through Annexation into the Community Facilities District. Landscape and Irrigation plans are required to be submitted to the Department of Public Works for review and approval. The Plans shall be considered technically correct prior to the annexation request and the 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 and AB 1881 regarding Water Efficient Landscaping and Buffer landscaping. B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. D. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. E. No private flags, signs or identification of any kind shall be permitted in the right-of-way, within the City - controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall submit Plans to the Public Works/Engineering Services showing the location and configuration of all median islands fronting the proposed prosect. 2. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works Department requires all proposed median islands to be constructed with 12" wide colored concrete strips adjacent to the curbing (except for entry medians of 12' or less). 3. Trees shall not be planted in sections which are less than eight (8) feet wide unless approved by the Public Works Department. Sections less than eight(8)feet shall be capped with concrete as an integral part of the off site improvements, whether the median is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). If the outlots are to be included into the CFD, the Department of Public Works will require the landscape and irrigation plans to be "technically correct" prior to inclusion into the CFD. TRAILS There are no trails associated with this project. City of PUBLIC WORKS DEPARTMENT DATE: January 21, 2010 TO: WILL TACKETT, Planner III Planning and Development Department FROM: HILARY KIMBER, Parks Supervisor II Public Works Department SUBJECT: CONDITIONS FOR TENTATIVE SUBDIVISION TRACT 5957 AND COMMUNITY FACILITIES DISTRICT 1. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District(CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City for the maintenance of such items. • Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street right-of-ways to be dedicated to the City of Fresno for maintenance purposes and any related work required. ■ Maintenance of all landscape and irrigation systems on sides adjacent to the tract. ■ Maintenance of all local street Curbs, Gutters and Sidewalks as approved by the Public Works Department within the boundary of the tentative map. • Maintenance and operating costs of all Local Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. 2. An Annexation Request Package shall be submitted to the Public Works Department if the owner/developer chooses to be annexed into the City's CFD for maintenance purposes to be reviewed for acceptance to process. Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City's website (http:\www.fresno.gov) under the Public Works Department Developer Doorway. 3. Proceedings to place the Final Map into a CFD SHALL NOT commence until the Final Map has been annexed into the City of Fresno and the Final Map, Landscape and Street Construction Plans are considered to be Technically Correct. Any change affecting the Items in these conditions requires revision of this letter of conditions. If you have any questions, please call Hilary Kimberat(559)621-8794. c:PW File No.10770 DPW CFD Conditions January 21,2010 City of DATE: February 23 7010 April 29, 2010 Revision TO: Will Tackett Development Department, Planning Division THROUGH: Bryan D. Jones, T.E., Traffic Engineering Manager4� Public Works Department, Engineering Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Divisio SUBJECT: Public Works Conditions of Approval TT 5967, (Polk between Shaw and Gettysburg) ABN Investments LLC/Gary Giannetta The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. Provide the following information on the tentative tract map and/or complete the following, prior Planning Commission. 1. PFevide a pFepesed layout for APN 5 10 030 23 te that PFGV!deS GGRR8WOVity to this map-of . le a master plan for the GhUFGh prepe y—. Removed per Bryan Jones 4-29-10 2. Identify proposed FID easement across lot 1. 3. Identify all proposed dedications on the map. 4. Revise the Acacia cross section to provide for a 46' dedication. 5. This map boundary goes through proposed lots, contact Planning and Development for requirements. 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. (See Exhibit "D") b. Local Streets constructed to API-1 and /or API-2: A 1' pedestrian easement is required on all streets with driveway approaches. 3. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 4. 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. Entrances: (local street/ major street intersections) Dedicate a minimum of 60' of street right of way and construct concrete medians to Public Works Standard API-14. A 52' transition is required from the proposed 60' right of way entrances to the 50' right of way streets. No parking is allowed within the limits of the proposed median. 6. Design local streets with a minimum of 250' radius. Page 1 of 4 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5967 Polk btwn Shaw&Gettysburg Revision I.doc 7. Local street lengths exceeding 800' and four way intersections require traffic calming measures. Construct permanent traffic circles as shown in the Public Works Standards P-98, P-99 and/or P-100. 8. Local Street Intersections: The intersection of two local continuous streets shall have a minimum of 160' offset measured from center line to center line. 9. Garage setback: Provide 20' from the garage to the back of walk. A minimum of 18' is allowed with a roll-up door. 10. Dead-end Streets: Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-44. 11. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. 12. Street widening and transitions shall also include utility relocations and necessary dedications. 13. Irrigation /Canal Requirements: The developer shall enter into an agreement with the Fresno Irrigation District (FID) providing for piping the canal(s) and submit an executed copy of the agreement or commitment letter from FID to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for review and approval. Identify the proposed easement and provide a final cross sectional detail on the map. Frontage Improvement Requirements: Major Streets: Polk Avenue: Arterial 1. Dedicate 50' of property, from center line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards. Reference Director's Determination No. 23. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Exhibit "D". A 2' Pedestrian Easement is required. Identify on the map. 3. Construct 20' of permanent paving within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to Polk Avenue from all lots within this subdivision. Local Streets: Dedicate, design and construct all curb, gutter, sidewalk, (south side), permanent paving (both sides), cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standards, reference API-2. All driveways shall be constructed to Public Works Standards API-8 and P-4. Sidewalk patterns shall comply with Public Works API Standards for 50' streets. Acacia Avenue: Local 1. Dedicate 29' (south side) and 17' (north side) 46' of property and provide a median at the entrance located on Acacia at Polk: (7' residential pattern - 18' travel lane-8' median - 12' travel lane-1' for 6" A.C. dike). Provide a cross section on the map. (previously approved by Mike Kirn) Page 2 of 4 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5967 Polk btwn Shaw&Gettysburg Revision I.doc Specific Mitigation Requirements: This tract will generate 9 a.m. /12 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 1. The intersection of : a. Polk and Acacia Avenues shall be designed with a partial median opening to allow for right-in, right out and left-in turns only. 2. The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. 3. APN(s) 510-03 ;0-23 and 17: Provide a 4' wide (min) asphalt path where sidewalk is missing. sidewalk • Items required if the construction of T-5599 does not occur first: Provide a minimum of 24' of paving, (2) 12' lanes with drainage, from the southerly limits of lot 12 to the northerly limits of T-4217. (State Street to San Gabriel to Barcus) Center line of proposed street shall be constructed with reverse curves (a minimum of 250' radii). 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. Fresno Maior Street Impact (FMSI) Fee : This Map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide regional street impact fees. Fresno Maior Street Impact (FMSI) Requirements: Polk Avenue: Arterial (New Growth Area/ Regional Street) 1. Dedicate and construct (2) 17' (east side) and (1) 29' (west side, if not existing) center section travel lanes and a raised concrete median island within the limits of this subdivision and continue north to PM 81-39. Construct a raised concrete median with 250' left turn pockets at all major intersections. Details of said street shall be depicted on the approved tentative tract map. Dedication shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. Page 3 of 4 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5967 Polk btwn Shaw&Gettysburg Revision I.doc State of California Department of Transportation (Caltrans) Fees: (no comment) 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 ENGINEERING\Traffic Planning\Tract Maps\5900\T-5967 Polk btwn Shaw&Gettysburg Revision I.doc City of ��\�v110ANiION S01/0#1 q C®le��1�\\I/� 3 ZQ DEPARTMENT OF PUBLIC UTILITIES MANAGEMENT SR Providing Life's Essential Services Date: January 21, 2010 To: WILL TACKETT, Planner III Planning and Development From: DOUG HECKER, Supervising Engineering Technician 01\ Department of Public Utilities, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT 5967 General T-5967, filed by Gary G. Giannetta Civil Engineering and Land Surveying on behalf of ABN Investments, LLC, pertains to approximately 1.83 net acres, 1.97 gross acres, of property located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues, 4726 North Polk Avenue, APN 510-030-24. T-5967 requests authorization to subdivide the subject property for the purposes of a 12-lot single-family residential public street phased development; and, the designation of an approximately 5.85 acre remainder parcel. The property is zoned R-1, Single Family Residential District, and is planned for Medium Density Residential, 4.99-10.37 du-acre, land uses. Sanitary Sewer Service The nearest sanitary sewer main to serve the proposed project is an 8-inch main located in North Barcus Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 1. Construct an 8-inch sanitary sewer main in North Barcus Avenue from West Santa Ana Avenue south to West Acacia Avenue alignment. 2. Construct an 8-inch sanitary sewer main in West Acacia Avenue alignment(Through a dedicated street easement) from North Barcus Avenue west across the project frontage. 3. Construct an 8-inch sanitary sewer main in North State Street Alignment from West Acacia Avenue alignment south across the project frontage. 4. Sanitary sewer connection shall not be allowed at North Polk Avenue. 5. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 6. Separate sewer house branches are required for each lot. 7. Abandon any existing on-site private septic systems. 8. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 9. All underground street utilities shall be installed prior to permanent street paving. 10. 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 Sewer System. Depict neighboring parcels and proposed plans for their continued service. 11. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge 2. Oversize Sewer Charge 3. Trunk Sewer Charge: Cornelia 4. Wastewater Facilities Charge (Residential Only) City of ``1,'�„` t�u� sotp 4. 3� gJlF �1-N& a� - 0 r��S I AR v DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION DPU � r 4�9�'INA6EMEH5 Sty"�P� DATE: February 11, 2010 Providing Life's Essential Services TO: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Administration FROM: MICHAEL CARBAJAL, Chief Engineering Technician Department of Public Utilities, Water Division SUBJECT: WATER REQUIREMENTS FOR TENTATIVE TRACT NO. 6967 The following conditions are required to provide water service to the tract. 1. Separate water services with meters shall be provided to each lot created. 2. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 3. All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. 4. Seal and abandon existing on-site well(s) in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. TAPROMMEC\Condrtions of Approval\5967 021110.doc City of lenle me 0 a VA ANN DEPARTMENT OF PUBLIC UTILITIES February 23, 2010 TO: Will Tackett, Planner III Development Department,Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: r\` ,'Chris Weibert, Management Analyst II �� Department of Public Utilities, Administration SUBJECT: TT 5967, Solid Waste Conditions of Approval Location: East side of North Polk Avenue between West Shaw and West Gettysburg Avenues (APN 510-030-24) The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5967 that was submitted by Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of ABN Investments, LLC. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: Tract 5967 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(11). No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(10). No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Conditions of Approval TT5967.doc Special Conditions: There shall be street circulation for the lots to be serviced by Solid Waste Division (no dead-ends). Developer shall construct a full street, a minimum of 36' feet, from curb face to curb face, throughout the entire to tract. A 36' foot street will provide for parking on both side and an 18' path for the solid waste vehicle. If a street this wide cannot be provided then solid waste will require that there shall be no parking on one side or both side of the street. Conditions of Approval TT5967.doe �O Randy R. Bruegman Fire Chief � o Bureau of Fire Prevention and Investigative Services 911 H Street Fresno, California 93721-3083 (559) 621-4000 FAX (559) 498-4323 www.fresno.gov DATE: January 26, 2010 TO: Will Tackett, Planner III Planning and Development Department FROM: VonDosta Fuller, Supervising Fire Prevention Inspector Fire Department SUBJECT: VESTING TENTATIVE MAP OF TRACT NO. 5967 The Fire Department has completed a review of the Tentative Tract Map 5967. The following requirements and conditions are to be placed on this tentative tract map as a condition of approval by the Fire Department. General Requirements: 1. ( ) The map indicates tentative tract no. 5599 is in place and the secondary access point is established. If the adjacent tract 5599 has not completed the secondary access, a temporary secondary access that meets all the requirements for an all weather roadway would need to be installed prior to construction. If a secondary access can't be installed, houses beyond 450 would require fire sprinklers 2. ( ) Note on plan: Fire hydrants and access roads shall be installed, tested and approved and shall be maintained serviceable prior to and during all phases of development. The 41/2" outlet shall face the access lane. 3. ( ) This project is within 2 miles of Fresno Fire Station No. 16. 4. ( ) This project is subject to city wide fire service fees. 5. ( ) Provide residential hydrants and fire flows per Public Works standards with two sources of water. 6. ( ) If installed, gates on the "emergency access" roadway shall be fitted with a Police/Fire bypass lock. "To protect and serve and to put service above alt else." 7. ( ) All required fire access lanes shall be provided and maintained with an approved "all weather" surface capable of supporting 80,000 Ib. vehicles (minimum 4" of base rock over compacted or undisturbed native soil or per approved engineered plans) year-around and with 24 feet minimum width or other approved method that would prevent shoulder degradation. 8. ( ) Gates, posts, or other barriers suitable to the Fire Department are required to be installed at the entrance to an emergency access only roadway. 9. ( ) Any entrance used as an emergency access 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). "To protect and serve and to put service above all else." File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Kevin Fabino ABN INVESTMENTS,LLC Planning& Development Department 3447 N. CLEO AVE. City of Fresno FRESNO,CA 93722 2600 Fresno Street - Fresno, CA 93721 MAP NO. 5967 PRELIMINARY FEE(S)(See below) DRAINAGE AREA(S) " AH " " - " DRAINAGE AREA it AH " $12,374.00 DATE 'Z11 I ID DRAINAGE AREA TOTAL FEE $12,374.00 The proposed development wil I generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: y a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. 5967.x6 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 f) Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the 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. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. X a. Drainage from the site shall be directed to Acacia and State Street. b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan Storm Drain Plan X Final Map X Street Plan Water&Sewer Plan Other 4. Availability of drainage facilities: X a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through X d. See Exhibit No. 2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessitating appropriate floodplain management action. (See attached Floodplain Policy.) 5967.:4 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows.The existing capacity must be preserved as part of site development.Additionally,site development may not interfere with the ability to operate and maintain the canal or pipeline. A 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which O may be generated by operations at the development after construction. ■ a• State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Permit is required for all clearing, grading, and disturbances to the ground U1 that result in soil disturbance of at least one acre(or less than one acre if part of a to larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Im Control Board(State Board), develop and implement a storm water pollution y 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. 596.:h 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 TWo sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits,eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9. The District reserves the right to modify, reduce or add to these requirements,or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. Gerald E.Lakeman Y t gineer: Mitzi M.Molina District Engineer C: BRET GIANNETTA GARY G.GIANNETTA CIVIL.ENGINEERING 1119 "S"STREET FRESNO,CA 93721 5961x1% 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document OTHER REQUIREMENTS EXHIBIT NO.2 The Master Plan drainage facilities to serve Tract 5967 have been constructed by previous phases of Tract 4217. The developer's engineer must design the street grading for Tract 5967 to ultimately drain to the existing section of North Barcus Avenue to the south. Permanent drainage service will be available upon completion of the Barcus Avenue street improvements south of Tract 5967. The District recommends temporary facilities until permanent service is available. Development No. Tract 5967 engrlperm itkx h ibit2ltract15967(m m m) 10 ,� aNN CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT, AND REVIEW OF VESTING TENTATIVE TRACT MAP NO. 5967 Return Completed Form to: C. Will Tackett, Planning Division 0 r}/� , Email: Will.Tackett®fresno.gov 1 Telephone: 559-621-8063 Planning& Development Department 2600 Fresno Street,Third Floor Fresno CA 93721-3604 PROJECT DESCRIPTION AND LOCATION: Vesting Tentative Tract Map No.5967,filed by Gary G. Giannetta Civil Engineering &Land Surveying on behalf of ABN Investments, LLC.,pertains to approximately 1.83 net acres(1.97 gross acres)of property located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues. Vesting Tentative Tract Map No. 5967 requests authorization to subdivide the subject property for the purposes of a 12-lot single family residential public street phased development; and, the designation of an approximately 5.85 acre Remainder parcel. The property is zoned R-1 (Single Family Residential District)and is planned for Medium Density Residential(4.99-10.37 du/acre) land uses. APN: 510-030-24 ZONING: R-1 ADDRESS: 4726 North Polk Avenue DATE ROUTED: January 22, 2010 COMMENT DEADLINE: February 23, 2010 If no response is received by the comment deadline,it will be assumed you have no comments to submit. WILL THIS PROJECT AFFECT YOUR AGENCY/JURISDICTION? (If yes,specify.) A� SUGG E STION(S)TO REDUCE IMPACTS/ADDRESS CONCERNS: REQUIRED CONDITIONS OF APPROVAL: IS AIVY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific): REVIEWED BY: fes . �Ylo�i�/A, F-�►'6�'•Zt 4s7,37-9z �2/1 f to Name and Title Telephone Number Date District 1; West Area Community Plan; Highway City Neighborhood Specific Plan Attachments: Vesting Tentative Tract Map No.5967 dated December 17,2009 F , i.' •:yk OFFICE OF - ��� II��I�I�'�T � � ��►STR� � � ; -__. � _ _ TELEPHONE(559)233-7161 FAX(559)233-8227 2907 S.MAPLE AVENUE FRESNO,CALIFORNIA 93725-2218 YOUR MOST VALUABLE RESOURCE-WATER February 19, 2010 Mr. Will Tackett City of Fresno Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 RE: Vesting Tentative Tract Map No. 5967 FID's Teague School Canal No. 46, S/E Shaw and Polk Avenues Dear Mr. Tackett: The Fresno Irrigation District (FID) has reviewed the Vesting Tentative Tract Map No. 5967 application to divide 1.97 acres into a 12 lot single family residential public street phased development located southeast of Shaw and Polk Avenues, APN 510-030-24, and has the following comments and conditions: 1. FID's Teague School Canal traverses the east side of Polk Avenue in an exclusive 15-foot wide easement recorded on January 4, 1963 as Document No. 980, Official Records of Fresno County, as shown on the attached FID exhibit map. 2. The pipeline was installed in 1962 as 30-inch diameter cast-in-place monolithic concrete pipe (CIP). CIP is a non-reinforced pipe that is easily damaged, extremely prone to leakage and does not meet FID's minimum standards for urban areas. 3. FID requires the applicant replace the existing pipeline with new 30-inch diameter ASTM C-361 Rubber Gasket Reinforced Concrete Pipe (RGRCP) in accordance with FID standards and that the applicant enter into an agreement with FID for that purpose. 4. Should the pipeline need to be placed in a different alignment, FID will require the applicant and/or the applicant's engineer meet with FID at their earliest convenience to discuss specific requirements; e.g. easement width and BOARD OF President JEFFREY G. BOSWELL, Vice-President JEFF NEELY DIRECTORS STEVE BALLS, RYAN JACOBSEN,GEORGE PORTER,General Manager GARY R.SERRATO Mr. Will Tackett Re: TM 5967 February 19, 2010 Page 2 of 2 alignment, right-of-way width and alignment, pipeline alignment, depth and size, fees, etc. 5. FID does not allow FID owned property or easements to be in common use with public utility easements but will, in certain instances, allow its property to be in common use with landscape easements if the City of Fresno enters into an appropriate agreement with FID. 6. FID requires its easement be shown on the map with proper recording information, and that FID be made a party to signing all plans which affect its easement and canal/pipeline facility and also be made party to signing the final map. 7. FID requires the applicant submit a grading and drainage plan for FID approval which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that will adversely affect FID or the applicant. 8. The proposed development may negatively impact local groundwater supplies. The area is currently agricultural land and a significant portion of its water supply is imported surface water, supplemented by groundwater pumping. Under current circumstances the project area is experiencing a modest but continuing groundwater overdraft. Should the proposed development result in a conversion from irriported surface water to groundwater, this deficit will increase. FID suggests the City require the proposed development balance anticipated groundwater use with sufficient recharge of imported surface water in order to preclude increasing the area's existing groundwater overdraft. Thank you for submitting this for our review. We appreciate the opportunity to review and comment on the subject documents for the proposed project. If you have any questions please feel free to contact James Shields at 233-7161 extension 319 or jshields@fresnoirrigation.com. Sincerely, William R. Stretch, P.E. Chief Engineer Attachment cc: Mr. Gary G. Giannetta - Applicant G:Wgencies\City\Tract Map\5967.doc W z+� } 3a3ils3ao�- ,� a ,z z O �� LL N�A N Q N oLL 7 3_1VG Q� Q d g c'' sn�ave r snDaids - - f' cD rn o z L v p N F z O / O O Q r LO 0.- 0�-J.• 0 O -1x38130 0 i U_ a Oca IfF +a � ZI � lel I- Q - I � —31VCIN3113 ¢ III III )410d z O 111�F L e i L<1 zap gas V101 II U r Q d U F- O z O t- 1 gWON looyog an6eal� 1 O z w —OON3SOa— q FF Q U N � COUP County of Fresno Department of Public Health C Edward L.Moreno,M.D.,M.P.H.,Director-Health Officer p� >,s560 FRES February 9, 2010 999999999 L00015502 Will Tackett PE 2602 City of Fresno Planning & Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackett: PROJECT NUMBER: T-5967 PROJECT DESCRIPTION AND LOCATION: Vesting Tentative Tract Map No. 5967, filed by Gary G. Giannetta Civil Engineering & Land Surveying on behalf of ABN Investments, LLC., pertains to approximately 1.83 net acres (1.97 gross acres) of property located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues. Vesting Tentative Tract Map No. 5967 request authorization to subdivide the subject property for the purposes of a 12-lot single family residential public street phased development; and, the designation of an approximately 5.85 acre Remainder parcel. The property is zoned R-1 (Single Family Residential District) and is planned for Medium-Low Density Residential (4.99-10.37 dwelling units/acre) land uses. APN: 510-030-24 Zoning: R-1 Address: 4726 &4744 North Polk Avenue Recommended Conditions of Approval: • Construction permits for the 12-lot residential subdivision and remainder parcel should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at(559)445-5116. Construction permits for the 12-lot residential subdivision and remainder parcel should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services, Division of Drinking Water and Environmental Management (DDWEM). For more information call (559)447-3300. The Fresno County Department of Public Health is concerned that abandoned water wells are not being properly destroyed, particularly with respect to new development projects. As city boundaries expand, community services are provided to areas originally served only by individual domestic and agricultural wells. Improper abandonment of such wells presents a significant risk of contaminating the city's community water supply. For this reason, when development occurs, it is extremely important to ensure the safe and proper destruction of all abandoned water wells. 1221 Fulton Mall/P.O.Box 11867/Fresno,California 93775/(559)445-3271 /FAX(559)445-3301 Equal Employment Opportunity•Affirmative Action•Disabled Employer Will Tackett T-5967 February 9, 2010 Page 2 of 2 Prior to destruction of any existing agricultural well(s), a sample of the upper most fluid in the well column should be sampled for lubricating oil. The presence of oil staining around the well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found in the well, the oil should be removed from the well prior to placement of fill material for destruction. The "oily water" removed from the well must be handled in accordance with federal, state and local government requirements. Transportation of these materials on public roadways may require special permits and licensure. The Department of Public Health is available to provide consultation in cooperation with your city in order to encourage the proper destruction of wells and safeguard our water quality. City staff may contact Wayne Fox, Supervising Environmental Health Specialist, Water Surveillance Program, at (559)445-3357 for more information. • Appropriate measures should be incorporated into the project to minimize potentially significant short-term localized noise impacts to noise sensitive receivers caused by the operation of construction equipment. Construction specifications for the project should require that all construction equipment be maintained according to the manufacturers' specifications, and that noise generating construction equipment be equipped with mufflers. In addition, consideration should be given to limiting noise-generating construction activities to daytime hours as specified in your municipal code. REVIEWED BY: Glenn Allen DN:—Glenn Allen,�Enhrmmentsl Mea1N gMtkrt w.wdlc Healtq enwlF-glal4nimhesro.o.us.c�Us [Mw 7010MD9 11:1316-0400' R.E.H.S., M.S. Supervising Environmental Health Specialist (559)445-3271 ga cc: Wayne Fox, Environmental Health Division T-5963 C-09-275 Granville Homes UNj�r BOARD O CENTRAL UNIFIED SCHOOL DISTRICT Cindy er Bbe (� Terry Cox Judith Geringer Diana Milla William Duane Peverill PhU Rusconi � George Wilson,Jr. SOL DIS February 22, 2010 Will Tackett Planning Division City of Fresno Planning &Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Subject: Vesting Tentative Tract Map No. 5967 East side of Polk Avenue between Shaw and Gettysburg Avenues Dear Mr. Tackett: The purpose of this letter is to respond to your request for comment on the above- referenced application, which would allow for the development of a 12-lot single family residential public street phased development on 1.83 net acres with an approximately 5.85 acre remainder parcel. The property is currently zoned R-1 and planned for Medium Density Residential (4.99-10.37 units per acre). Based on current District student generation rates, 12 single family units would generate 6 students in grades K-6, 2 students in grades 7-8 and 2 students in grades 9-12. These students will need to be housed in District schools. The schools currently serving this site are Teague Elementary School, Rio Vista Middle School, Central West High School for grade 9 and either Central West or Central East for grades 10-12. Capacity currently exists at these schools to accommodate students from this project. The District currently charges a school facilities fee of $2.97 per square foot for residential development. New development on the site will be subject to the fee in place at the time the fee is paid. Thank you for the opportuni to comment. Sincerely, L L'` Hilbert Contreras Director of Operational Services District Administration Michael A.Berg,Superintendent Laurel Ashlock Ed D,Assistant Superintendent,Chief Academic Officer Sandra Lepley,Interim Assistant Superintendent,Chief Business Officer.Chris Williams,Assistant Superintendent,Human Resources Caran Resciniti,Administrator,Curriculum and Instruction-Kevin Wagner,Administrator,Human Resources and Child Welfare and Attendance Valerie Johnson,Director of Special Education and Support Services 4605 N.Polk Avenue-Fresno,CA 93722•(559)274-4700 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: ABN Investments, LLC. Will Tackett, Planner III 3447 North Cleo Avenue March 05, 2010 Fresno, CA 93722 Environmental Assessment Number: T-5967 Project Location (including APN): Application No. 4726 North Polk Avenue, Fresno, CA 93722 Vesting Tentative Tract Map No. T-5967 (APN: 510-030-24) East side of North Polk Avenue between West Shaw and West Gettysburg Avenues Site Latitude: 36148'15" N Longitude & 119053'17"W Mount Diablo Base & Meridian, Township 13 S Range 19 E, Section 15 Project Description: Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of ABN Investments, LLC., pertains to approximately 1.83 net acres (1.97 gross acres) of property located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues. Vesting Tentative Tract map No. 5967 requests authorization to subdivide the subject property for the purposes of a 12-lot single family residential public street phased development; and, the designation of an approximately 5.85 acre Remainder parcel at an overall density of approximately 6.56 dwelling units per acre. The subject property is located within the boundaries of the 2025 Fresno General Plan, West Area Community Plan and Highway City Neighborhood Specific Plan. These plans designate the subject property for Medium Density Residential (4.99-10.37 dwelling units/acre) planned land uses. The subject property is currently zoned under the R-1 (Single Family Residential) zone district classification. According to Table 2 (Planned Land Use and Zone District Consistency Matrix)of the 2025 Fresno General Plan, the existing R-1 (Single Family Residential) zone district for the subject property and the proposed overall density of 6.56 dwelling units/acre are consistent with the Medium Density Residential planned land use designation. Conformance to Master Environmental Impact Report (MEIR) NO. 10130: The adopted 2025 Fresno General Plan and the West Area Community Plan designate the subject site for Medium Density Residential (4.99-10.37 dwelling units/acre) planned land uses. According to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the existing R-1 (Single Family Residential) zone district for the subject property and the proposed overall density of 6.56 dwelling units/acre are consistent with the Medium Density Residential planned land use designation. The Planning and Development Department staff has prepared an Initial Study (See Attached "Modified Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study") to evaluate the proposed vesting tentative tract map in accordance with the land use and environmental policies and provisions of lead agency City of Fresno's 2025 Fresno General Plan (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). The subject property is currently vacant land but-may be further developed at an intensity and scale that is permitted by the planned land use designation and proposed zone district classification for the site. Thus, the vesting tentative tract map 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 Finding of Conformity Under MEIR No. 10130 and the Air Quality MND prepared for Vesting Tentative Tract Map No.T-5967 Environmental Assessment No.T-5967 March 05, 2010 Page 2 significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Guidelines 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 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 MND, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the Medium Density Residential planned land use designation specified for the subject property. Based on this Initial Study, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its, 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 MND because it will not generate additional significant effects on the environment not previously examined and analyzed by the MEIR or Air Quality NIND 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 Planning and Development 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 MEIR was certified as complete and the Air Quality NIND was adopted, has become available. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 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). Public notice has been provided regarding staffs 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). K.. 9 Planning Man er, Ci y of Fresno Date Attachments: Notice of Intent to Adopt A Finding of Conformity Modified Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study for Environmental Assessment No.T-5967 Master Environmental Impact Report (MEIR) No. 10130/SCH No. 2001071097 For the 2025 General Plan: Mitigation MEIR Mitigation Monitoring Checklist for Environmental Assessment No.T-5967 Master Environmental Impact Report (MEIR) Review Summary (Attachment: Status of MEIR Analysis with Regard to Air Quality and Climate Change) CAO031810 CITY OF FRESNO Filed with: E201010000070 NOTICE OF INTENT TO ADOPT A FINDING OF CONFORMITY PROJECT TITLE AND ENVIRONMENTAL ASSESSMENT NO. D T-5967 MAR 5 2010 FR' 'NUCiUi,;' "L�' K By pQEE� APPLICANT: FRESNO COUNTY MERK 2221 Kern Street, Fresno, CA 93721 ABN Investments, LLC. 3447 North Cleo Avenue Fresno, CA 93722 PROJECT LOCATION: 4726 North Polk Avenue, Fresno, CA 93722 (APN: 510-030-24) East side of North Polk Avenue between West Shaw and West Gettysburg Avenues Site Latitude: 36048'15" N Longitude and 119053'17"W Mount Diablo Base&Meridian, Township 13 S Range 19 E, Section 15 PROJECT DESCRIPTION: Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of ABN Investments, LLC., pertains to approximately 1.83 net acres (1.97 gross acres) of property located on the east side of North Polk Avenue between West Shaw and West Gettysburg Avenues. Vesting Tentative Tract map No. 5967 requests authorization to subdivide the subject property for the purposes of a 12-lot single family residential public street phased development; and, the designation of an approximately 5.85 acre Remainder parcel at an overall density of approximately 6.56 dwelling units per acre. The subject property is located within the boundaries of the 2025 Fresno General Plan, West Area Community Plan and Highway City Neighborhood Specific Plan. These plans designate the subject property for Medium Density Residential (4.99-10.37 dwelling units/acre) planned land uses. The subject property is currently zoned under the R-1 (Single Family Residenfia4 zone district classification. According to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the existing R-1 (Single Family Residenda4 zone district for the subject property and the proposed overall density of 6.56 dwelling units/acre are consistent with the Medium Density Residential planned land use designation. 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 the Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH#2009051016) to amend the Air Quality Element of the 2025 Fresno General Plan (Air Quality MND). Therefore, the Planning and Development 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. After conducting a review of the adequacy of the MEIR pursuant to E201010000070 r Public Resources Code, Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Additlonal information on the proposed project, Including the proposed environmental finding and the initial study may be obtained from the Planning and Development Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno, California 93721-3604. Please contact Will Tackett at (559) 621-8063 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 commentor'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 April 05, 20101, Please direct comments to Will Tackett, Planner III, City of Fresno Planning and Development Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, 93721-3604; or by email to Will.Tackett 0 Fresno.gov; or, they can be sent by facsimile to (559) 498-1026 The tentative map and proposed environmental finding have been tentatively scheduled to be heard by the Planning Commission on April 07, 2010 at 6:00pm or thereafter. This hearing will be held in the Fresno City Council Chambers located at Fresno City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California, 93721. Your written and oral comments are welcomed at the hearing and will be considered in the final decision. INITIAL STUDY PREPARED BY: SUBMITTE BY- Will Tackett, Planner III Mike Sanch z, P nning Manager DATE: March 05, 2010 CITY OF F O PLANNING AND DEVELOPMENT DEPARTMENT i