HomeMy WebLinkAboutT-5968 - Conditions of Approval - 7/27/2011 City of
Development& Resource Management Department
2600 Fresno Street •Third Floor Mark Scott
Fresno, California 93721-3604 Interim Director
(559) 621-8277 FAX (559) 498-1026
July 26, 2011
Please reply to:
Will Tackett
(559) 621-8063
Gary G. Giannetta Civil Engineering & Land Surveying
1119 "S" Street
Fresno, California 93721
SUBJECT: NOTICE OF APPROVAL OF REVISED VESTING TENTATIVE TRACT MAP NO.
5968/UGM PROPOSING A 39-LOT COMMERCIAL SUBDIVISION FOR
PROPERTY LOCATED ON THE NORTHWEST, NORTHEAST,SOUTHEAST,AND
SOUTHWEST CORNERS OF THE INTERSECTION OF EAST FANCHER CREEK
DRIVE AND NORTH FOWLER AVENUE.
(APN[S]: 313-021-25 & 313-280-72)
The City of Fresno Development Services Division has completed its review of the proposed subject
tentative tract map revision. Pursuant to Section 12-1005.2(b) of the Fresno Municipal Code, this
letter is written to advise you that the Director of the Development and Resource Management
Department in consultation with the City Engineer has approved the proposed minor revisions as
noted within the Revised Conditions of Approval for Vesting Tentative Tract Map No. 5968/UGM
dated July 26, 2011, which have been deemed to be limited to changes which do not substantially
alter the street pattern, lot configuration or overall design scheme.
The approved revised tentative tract map shall become, for all purposes,the approved map of the
subdivision and the map which was originally approved shall be deemed withdrawn and shall no
longer be of any force or effect for any purpose.
The Conditions of Approval dated March 16, 2011 remain in effect with the exception of those
revisions included within the Revised Conditions of Approval dated July 26,2011,which have been
deemed by the Director of the Development and Resource Management Department, in consultation
with the City Engineer, to constitute a minor revision pursuant to Section 12-1005.2 of the Fresno
Municipal Code.
EXPIRATION: The approval or conditional approval of this tentative map expires two years from the
date of approval of the original tentative map. The approval of the subject revised tentative parcel
map shall not affect the anniversary date of the approved original tentative map. The expiration
shall terminate all proceedings and a Final Map may not be filed without first processing a new
tentative map.
EXTENSION: Modification of a tentative map after approval or conditional approval does not extend
the two year time limit. The divider may request an extension of the tentative map expiration date by
filing a written application together with the fee set forth in the Master Fee Schedule at the time of
the request with the Director of the Development and Resource Management Department at prior to
the expiration date of the map. The applicant must state the reasons for requesting the extension.
Gary G. Giannetta Civil Engineering & Land Surveying
Revised Vesting Tentative Tract Map No. 5968/UGM
July 26, 2011
Page 2
New conditions may be imposed if an extension is granted.
Discretionary extensions may not exceed an aggregate of six years.
If you wish additional information, please contact the City of Fresno, Development and Resource
Management Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604;
phone, (559) 621-8277. Your inquiry should be directed to either Jon Bartel (engineering or
improvements issues) or Will Tackett (planning or zoning issues).
Sincerely,
DEVELOPMENT SERVICES DIVISION
Will Tackett, Planner III
Development and Resource Management Department
Enclosures: Revised Conditions of Approval for Vesting Tentative Tract Map No. 5968/UGM
dated July 26, 2011
CITY OF FRESNO
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
CONDITIONS OF APPROVAL
MARCH 16, 2011
(REVISED BY PLANNING COMMISSION ON MARCH 16, 2011)
(REVISED ON ,DULY 26, 2011)
VESTING TENTATIVE TRACT MAP NO. 5968/UGM
NORTHWEST, NORTHEAST,SOUTHEAST AND SOUTHWEST CORNERS OF THE INTERSECTION OF EAST FANCHER
CREEK DRIVE AND NORTH FOWLER AVENUE
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act,
Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The
following specific conditions are applicable to this vesting tentative map:
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of
fees, dedications, reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or
within 90 days after the date of the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
The subdivider of property located within the UGM boundaries shall comply with all sewer, water
and street requirements and pay all applicable UGM fees imposed under the Urban Growth
Management process (with appropriate credit given for the installation of required UGM
improvements) in accordance with the requirements of State Law as related to tentative tract
maps.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 5968/UGM, the subdivider
may prepare a Final Map in accordance with the approved tentative map.
2. 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.
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Compliance with grading and erosion control, including the prevention of sedimentation
or damage to off-site property, as set forth in the Uniform Building Code shall be
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 2 of 12
demonstrated prior to issuance of building permits for the construction of any structure
on the subject property.
• NOTE: The City Engineer has provided that the City of Fresno has received
a soils report for the subject property which provides sufficient information
respective to the quality of soils in the subdivision and has waived the
requirement for a preliminary soils report in accordance with Section 12-
1022(b) of the Fresno Municipal Code. No further reports or analyses are
necessary for the purposes of soils, grading or erosion control prior to
recordation of a Final Map.
4. At the time of Final Map submittal, the subdivider shall submit engineered construction
plans to the City of Fresno Public Works, Public Utilities, and Development and
Resource Management Departments for grading, public sanitary sewer system, public
water system, street lighting system, public streets, and storm drainage, including other
technical reports and engineered plans as necessary to construct the required public
improvements and work and applicable processing fees.
5. Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved, the
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
6. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated
to the City of Fresno. Public utility easements beyond the limits of the Final Map, but
required as a condition of development, shall be acquired at the subdivider's cost and
shall be dedicated by separate instrument at the time of Final Map approval. The
relocation of existing utilities necessitated by the required public improvements shall be
paid for by the subdivider. The subdivider is responsible to contact the appropriate utility
company for information.
7. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No.
68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard
Specifications, 2002 Edition, and any amendments thereto.
8. The 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.
9. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
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.
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 3 of 12
10. As a condition of Final Map approval, the subdivider shall furnish to the City a
subdivision guarantee listing all parties having any right, title or interest and the nature of
their interest per State law.
GENERAL INFORMATION
11. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
a) It is recommended that at least 6 months prior to the first occupancy, the Developer
shall contact the local United States Postal Service representative to complete a
Mode of Delivery Agreement for New Construction. The Mode of Delivery
Agreement must have a District approval signature to be valid. In addition to
completing the Agreement, the Developer shall provide a final map (with address
details) to the local USPS representative. The Developer shall, at their own
expense, procure, construct and install all mail receptacle facilities for each location
as specified and approved by the USPS.
i) Attached for the subdivider/developer's use is a copy of the Mode of Delivery
Agreement— New Construction Form.
12. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the
subdivider to file multiple Final Maps shall not lirniit 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.
13. The developer/owner shall obtain any and a.11 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.
14. 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.
15. 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.
16. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
17. 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
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 4 of 12
Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of
recognized archaeologists.
18. 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.
19. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment
levied under any State or local law, including a division into condominium interest as
defined in Section 783 of the Civil Code, the developer/owner shall file a written
application with the City of Fresno Director of Public Works, requesting apportionment of
the unpaid portion of the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
a) A full description of each assessed lot, parcel or interest to be divided and of how
such lot, parcel or interest will be divided;
b) A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested
apportionment.
d) The application shall be filed prior to the approval of the Final Map(s) by the City and
shall be accompanied by a fee in an amount specified in the Master Fee Resolution
for each separate lot, parcel, or interest into which the original assessed lot, parcel or
interest is to be divided. The fee shall be in an amount sufficient to pay all costs of
the City and the Engineer of Work responsible for determining the initial assessment
in making the requested apportionment.
ZONING & PROPERTY DEVELOPMENT STANDARDS
20. The subject property is zoned C-2/BA-15/UGM/cz (Community Shopping Center
District/Boulevard Area Overlay/Urban Growth Management/with conditions of zoning).
Any development on the subject property or individual lots resulting from a subdivision
thereof shall comply with the property development standards of the C-2 and BA-15
zone districts.
Conditions of Zoning
21. On May 17, 2005 the Fresno City Council adopted Ordinance No. 2005-51/Bill No. B-49
for Rezone Application No. R-04-014, establishing the existing zoning for the subject
property and designating conditions of zoning applicable to the subject property. These
conditions of zoning have either been previously satisfied, or are due at the time of
development and do not pertain to the recordation of a parcel map for the subject
property.
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 5 of 12
22. On May 17, 2005 the Fresno City Council certified Final Environmental Impact Report
(EIR) No. 10133 (SCH No. 2004021071) for the Fancher Creek Development Project
through adoption of Resolution No. 2005-183 Among other things, the EIR adopted for
the proposed project considered and evaluated the potential effects associated with the
development of approximately 31 acres of C-2 (Community Shopping Center) zoned
property at the location of the subject property. Development and construction related
activities associated with the subject property shall comply with all applicable mitigation
measures identified in EIR No. 10133.
STREETS AND RIGHTS-OF-WAY
23. 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.
24. Comply with all of the requirements stipulated within the attached Public Works
Department, Traffic and Engineering Services Division memorandum dated March 10,
2011 with the following exceptions:
a) A cross section for the required trail easements along East Kings Canyon Road and
North Fowler Avenue shall be submitted to the Public Works Department for review
and approval prior to recordation of the Parcel Map.
i) Required trail easements shall be identified on the tentative parcel map.
• NOTE: The requirement for a minimum 26-foot wide easement for Bike and
Pedestrian purposes may be modified subject to submittal of cross sections
for trail improvements to the Public Works Department, as appropriate; and,
approval by the City Engineer.
b) As access restrictions consisting of limitation on the number of vehicular access
points for respective quadrants of the tentative map have been imposed, the
subdivider shall execute a Mutual Easements and Reciprocal Use Agreement
between Lots 1-10; 11-17; 18-27; and, 28-39 of Vesting Tentative Tract Map No.
5968/UGM dated March 10, 2011, respectively. The Mutual Easements and
Reciprocal Use Agreement shall, at a minimum, provide: (1) Mutual and reciprocal
access to East Fancher Creek Drive, North Fowler Avenue, and East Kings Canyon
Road, as appropriate; (2) Shared parking; (3) Cross drainage; (4) Shared solid waste
facilities (if applicable); and, (5) Provisions and obligations for retention and
maintenance of access, utilities, fire suppression systems, facilities and
improvements on the subject property.
i) Access, circulation, and parking on all of the properties to be included within, and
made party to, the cross-access agreement shall be provided and maintained in
accordance with future approved entitlements for the respective properties; or,
any revisions or amendments thereto, as may be approved by the Development
and Resource Management Department. No modifications to said access or
circulation may be made without prior approval from the Development and
Resource Management Department.
• NOTE: The conditions of the Mutual Easements and Reciprocal Use
Covenant are intended to benefit the public and public properties as well as
properties appurtenant; and, secure the enforceability of properties'
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 6 of 12
obligations for retention and maintenance of access, utilities, facilities, and
improvements. Failure to comply with the terms of the Covenant may result
in the revocation of Certificates of Occupancy of future Special Permit by the
City for use of any Lots of the properties involved. Accordingly, the City of
Fresno shall have the right to enforce this Statement by any legal or equitable
means. For further information regarding these requirement Contact the
Development and Resource Management Department at (559) 621-8277.
ii) Final, executed and notarized documents shall be recorded with the final map.
iii) All of the agreements required to be executed within this section shall run with
the land and bind all successors and assigns.
• NOTE: Any amendment to the above provisions or any other provision
specifying any right of the City shall require the prior written consent of the
City.
c) East Kings Canyon Road is currently State Route 180, which is under the jurisdiction
of the State of California Department of Transportation (Caltrans) and is in -the
process of being relinquished to the City of Fresno. The relinquishment (as well as a
proposed vacation) requires approval from the California Transportation Commission
(CTC); the proposed relinquishment is scheduled for consideration by the CTC in
May of 2011.
• NOTE: Caltrans has indicated that it cannot deed the portion of East Kings
Canyon Road back to the property owner as the process for relinquishment to
the City of Fresno has already begun.
i) The proposed vacation of the respective portions of the East Kings Canyon Road
rights-of-way will need to occur through the City of Fresno and may be facilitated
through either a quitclaim or Grant deed to the adjacent property upon
relinquishment of the rights-of-way to -the City of Fresno.
• NOTE: For further information regarding these requirements contact either
Alan James with the City of Fresno, Department of Public Works at (559)
621-8693; or, Kuldeep Brar, with the State of California Department of
Transportation at (559) 445-6573.
25. The subdivider is required to provide (1) street trees on all public street frontages per
Fresno Municipal Code; and (2) for the dedication of planting and buffer landscape
easements as determined by the Development and Resource Management Department.
Street trees shall be planted at the minimum rate of one tree for each 60 feet of street
frontage 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.
26. Comply with all of the: (1) Street Tree; (2) Buffer Landscape & Maintenance; (3) Median
Island Landscape; and, (4) Trail requirements stipulated within the Department of Public
Works, Engineering Division memorandum from the Park Supervisor dated October 30,
2010.
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 7 of 12
SANITARY SEWER SERVICE
The nearest sanitary sewer mains to serve the proposed project are an 39-inch main located
in North Fowler Avenue and an 8-inch main located in East Fancher Creek Drive. The
following sewer improvement conditions shall be required prior to providing City sewer service
to the project:
27. Comply with all of the requirements stipulated within the attached Department of Public
Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated
January 25, 2010.
WATER SERVICE
The portion of the subject property located to the west of North Fowler Avenue is located
within the jurisdiction of Bakman Water District; and, the portion of the subject property
located to the east of North Fowler Avenue will be served by the City of Fresno. The following
water improvements shall be required prior to providing water service to the project:
28. Comply with any and all requirements as stipulated by the Bakman Water District in
accordance with all Bakman Water Company's Material and Installation Standards for
mains, service lines, backflows, and hydrants; and, as stipulated within the attached
memorandum from Bakman Water District Dated March 14, 2011.
29. Comply with all of the requirements stipulated within the attached Department of Public
Utilities, Water Division memorandum dated February 12, 2010.
FIRE SERVICE
Fire service is available to the proposed tract subject to the following requirements:
30. Comply with all of the requirements stipulated within the attached Fresno Fire
Department memorandums dated February 02, 2010 and February 08, 2010.
FLOOD CONTROL AND DRAINAGE
31. 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 Development and
Resource Management Department dated March 15, 2011.
COUNTY OF FRESNO DEPARTMENT OF PUBLIC WORKS AND PLANNING
32. Comply with all of the requirements stipulated within the attached County of Fresno,
Department of Public Works and Planning memorandum dated February 02, 2010,
including all checklist items designated with double-parentheses; except as may be
otherwise required by the County of Fresno Department of Public Works and Planning.
COUNTY OF FRESNO DEPARTMENT OF PUBLIC HEALTH
33. Attached for the subdivider's records and consideration is the County of Fresno
Department of Public Health memorandum dated February 09, 2010.
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 8 of 12
PACIFIC GAS AND ELECTRIC COMPANY (PG&E)
34. Comply with all of the requirements stipulated within the attached PG&E memorandum
dated February 17, 2010.
AT&T/PACIFIC BELL
35. Attached for the subdivider's records and consideration is the AT&T memorandum dated
March 23, 2010.
CLOVIS UNIFIED SCHOOL DISTRICT
36. Attached for the subdivider's records and consideration is the Clovis Unified School
District memorandum dated February 09, 2010.
RIGHT-OF-WAY ACQUISITION
37. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
38. 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.
39. 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.
40. 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.
41. The subdivider shall submit adequate security in the form of a cash deposit to guarantee
payment of all costs associated with the acquisition, including staff time, attorney's fees,
appraisal fees, court costs, and all related expenditures and costs necessary to effect
the acquisition of such easements or rights-of-way.
MAINTENANCE OBLIGATIONS
42. The long term maintenance of all the items listed below is the ultimate responsibility of
the owner/developer.
a) The property owner shall be responsible for providing for the maintenance of all
median island and round-a-bout landscaping and hardscaping located within East
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 9 of 12
Kings Canyon Road, North Fowler Avenue and East Fancher Creek Drive rights-of-
way within or adjacent to the tentative map.
b) The property owner shall be responsible for providing for the maintenance of all
landscaping and hardscaping of the trails along North Fowler Avenue and East
Fancher Creek Drive within or adjacent to the tentative map.
c) The property owner shall be responsible for providing for the maintenance of all
street trees within East Kings Canyon Road, North Fowler Avenue, and East
Fancher Creek Drive rights-of-way within or adjacent to the tentative map.
43. 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.
• NOTE: 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 (httr)://www.fresno.gov) under the Public Works Department
Developer Doorway.
a) 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.
Where applicable, 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.
• NOTE: 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 that landscape and irrigation plans
be submitted with landscape buffer plans for approval prior to inclusion into
the CFD.
b) 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.
c) 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.
44. Should the City Council or owner/developer choose not to include all of the maintenance
items or certain items listed above in a CFD, then the property owner/developer shall be
responsible for establishing a Home Owners' Association (HOA) or other property based
management mechanism which provides for the maintenance of these items in a
manner which provides appropriate security and is deemed acceptable to both the City
of Fresno Development and Resource Management and Public Works Departments.
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 10 of 12
a) The subdivider shall establish a Home Owners' Association (or other approved
mechanism) 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
Development and Resource Management Department for review 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 Development and Resource Management 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:
• Applicable Flood Fees as determined by the Fresno Metropolitan Flood Control District.
SEWER CONNECTION CHARGES FEE RATE
a. Lateral Sewer Charge [4] $0.10/sq. ft. (to 100' depth)
b. Oversize Charge [4] $0.05/sq. ft. (to 100' depth)
c. Trunk Sewer Charge [4] S.T.E.P. "
Service Area: Fowler
d. Wastewater Facilities Charge [4] S.T.E.P.
e. Fowler Trunk Sewer Interim Fee Surety [4] N/A
f. Copper Avenue Sewer Lift Station Charge [4] N/A
g. House Branch Sewer Charge [2] N/A
WATER CONNECTION CHARGES FEE RATE
h West of Fowler Avenue to be served by: Bakman Water District
i. Service Connection Charge Fee based on service(s) and
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
Page 11 of 12
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] $1,738/living unit equivalent`
Service Area: 501-S
n. Well Head Treatment Fee [2] $79/living unit equivalent*
Service Area: 501
o. Recharge Fee [2] $56/living unit equivalent*
Service Area: 501
p. 1994 Bond Debt Service [4] $93/living unit equivalent*
Service Area: 501
CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE
q. Fire Facilities Impact Fee — Citywide [4] $236.00/1000 sq. ft. t
r. Park Facility Impact Fee— Citywide [4] N/A
s. Quimby Parkland Dedication Fee [2] N/A
t. Citywide Regional Street Impact Fee [4] $16,131.00/adj. acre
u. New Growth Area Major Street Fee [4] $37,495.00/adj. acre
v. Police Facilities Impact Fee — Citywide [4] $665.00/1000 sq. ft. t
w. Traffic Signal Charge [4] $47.12/ADT t
x. Regional Traffic Mitigation Fee [4] $1.36/sq. ft.
y. UGM Right of Way Acquisition Charge N/A
Vesting Tentative Tract Map No. T-5968/UGM
March 16, 2011
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.
* Living Unit Equivalents are calculated by multiplying the number of Net Acres by 5.8 Living Unit
Equivalents for commercial or 3.0 Living Unit Equivalents for industrial to arrive at the total number of
Living Unit Equivalents.
**Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant
to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities,
Wastewater Division, Environmental Services Section (559-621-5153).
[1] Deferrable through Fee Deferral Covenant.
[2] Due at Final Map.
[3] Due at Building Permit.
[4] Due at Certificate of Occupancy.
t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and
conditions of approval from Transportation Planning through the entitlement review process based on
Average Daily Trips of the proposed project. Average Daily Trips to be determined by Traffic
Engineering.
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Proposed Revisions to the Conditions of Approval for Vesting Tentative Tract
Map No. 5968/UGM dated March 16, 2011
Condition No. 28—Revised to read as follows:
28. Comply with any and all requirements as stipulated by the Bakman Water District in
accordance with all Bakman Water Company's Material and Installation Standards for
mains, service lines, backflows, and hydrants; and, as stipulated within the attached
memorandum from Bakman Water District dated March 14, 2011.
Condition No. 31—Revised to read as follows:
31. 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 Development and
Resource Management Department dated March 15, 2011.
Condition No. 32—Revised to read as follows:
32. Comply with all of the requirements stipulated within the attached County of Fresno,
Department of Public Works and Planning memorandum dated February 02, 2010,
including all checklist items designated with double-parentheses; except as may be
otherwise required by the County of Fresno Department of Public Works and Planning.
01 ,���, REPORT TO THE PLANNING COMMISSION
c�c�\� AGENDA ITEM NO. VIII.A.
COMMISSION MEETING 03/16/11
March 16, 2011
FROM: KEVIN FABINO, Planning Manager D PARTMENrDIaEcroR
Development & Resource Management Department
THROUGH: MIKE SANCHEZ, Planning Manager
Development Services Division
BY: WILL TACKETT, Planner III
Development Services Division
SUBJECT: CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 5968/UGM; AND,
RELATED ENVIRONMENTAL ASSESSMENT NO. T-5968.
RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
1. APPROVE the addendum to Environmental Impact Report (EIR) No. 10133, as certified by the
Fresno City Council on May 17, 2005 (Resolution No. 2005-183), for the tentative map in
accordance with Section 15164 of the California Environmental Quality Act (CEQA).
2. APPROVE Vesting Tentative Tract Map No. 5968/UGM subject to the findings included within
the Staff Report to the Planning Commission dated March 16, 2011; and, compliance with the
Conditions of Approval dated March 16, 2011.
EXECUTIVE SUMMARY
Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of Fancher Creek Properties, LLC.,
property owner/subdivider, has filed Vesting Tentative Tract Map No. 5968/UGM pertaining to
approximately 23.13 net acres (29.35 gross acres) of property (collectively, the "Subject Property)
located on the northwest, northeast, southeast, and southwest corners of the intersection of East
Fancher Creek Drive and North Fowler Avenue; within the Fancher Creek Development Project.
Vesting Tentative Tract Map No. T-5968/UGM proposes to subdivide the subject property for the
purposes of creating a total of 39 commercial lots between the four corners of the respective street
intersection; and, to vacate adjacent portions of the East Kings Canyon Road, North Fowler Avenue;
and, East Fancher Creek Drive rights-of-way. The proposed subdivision will facilitate future commercial
development on the subject property. However, entitlement applications have not been submitted for
any respective portion of the subject property to date (development applications and plans for any
respective portion of the subject property will be required to be submitted to the City of Fresno for review
and approval prior to construction in accordance with the requirements of the Fresno Municipal Code).
The subject property is currently zoned under the C-2/BA-15/UGM/cz (Community Shopping
Center/Boulevard Area Overlay/Urban Growth Management/with conditions of zoning) zone district
classification. The subject property is located within the boundaries of the 2025 Fresno General Plan
and Roosevelt Community Plan, which designate the subject property for Community Commercial
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 C-2 (Community Shopping Center) zone district may be found to be
consistent with the Community Commercial planned land use designation.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5968/UGM
March 16, 2011
Page 2
The proposed subdivision of the subject property in accordance with Vesting Tentative Tract
Map No. 5968/UGM conforms to the 2025 Fresno General Plan and Roosevelt Community Plan.
PROJECT INFORMATION
PROJECT Vesting Tentative Tract Map No. 5968/UGM proposes to subdivide the
approximately 23.13 net acre (29.35 gross acres) subject property into
39 commercial lots.
APPLICANT Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of,
Fancher Creek Properties, LLC., owner/subdivider.
LOCATION Northwest, northeast, southeast, and southwest corners of the
intersection of East Fancher Creek Drive and North Fowler Avenue;
within the Fancher Creek Development Project.
(Council District 5, Councilmember Quintero)
SITE SIZE Approximately 23.13 net acres (29.35 gross acres).
PLANNED LAND USE Existing - Community Commercial
Proposed - Community Commercial
ZONING Existing - C-2/13A-15/UGM/cz (Community Shopping Center District/
Boulevard Area Overlay/Urban Growth
Management/with conditions of zoning)
Proposed - C-2/BA-15/UGM/cz (Community Shopping Center District/
Boulevard Area Overlay/Urban Growth
Management/with conditions of zoning)
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 C-2 zone district
classification for the subject property and the existing Community
Commercial planned land use designation for the subject property may
be found consistent.
ENVIRONMENTAL Addendum to Environmental Impact Report (EIR) No. 10133, as
FINDING certified by the Fresno City Council on May 17, 2005 (Resolution No.
2005-183), in accordance with Section 15164 of the California
Environmental Quality Act (CEQA).
STAFF Recommend Approval (by the Planning Commission) of: (1) The
RECOMMENDATION addendum to Environmental Impact Report (EIR) No. 10133, as certified
by the Fresno City Council on May 17, 2005 (Resolution No. 2005-183);
and, (2) Vesting Tentative Tract Map No. 5968/UGM.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5968/UGM
March 16, 2011
Page 3
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
North
Open Space/ Fancher Creek
R-1/BA-15/UGM/cz Elementary School
Neighborhood Park Single Family Residential District/ &
& Boulevard Area Overlay/Urban Growth
Management/with conditions of zoning Vacant(Tract 5232,
Medium Density Residential approved 2005)
East R-1/BA-15MGM/cz
Single Family Residential District/
Boulevard Area Overlay/Urban Growth
Management/with conditions of zoning Vacant
Medium Density Residential & (Tract 5232, approved
R-2/BA-15/UGM/cz 2005)
Low Density Multiple Family Residential/
Boulevard Area Overlay/Urban Growth
Management/with conditions of zoning
South
C-1
Low and Medium-High Density Neighborhood Shopping Center Neighborhood Commercial
Residential & &
& R-1-AH and R-2-A(Fresno County) Single Family and Multiple
Neighborhood Commercial Single Family Residential District(20,000) Family Residential
and Low Density Multiple Family (Fresno County)
Residential District(6,600)
West R-1/13A-151UGM/cz
Single Family Residential District/
Boulevard Area Overlay/Urban Growth
Management/with conditions of zoning Single Family Residential
Medium Density Residential & (Tract 5232, approved
R-2/13A-15/UGM/cz 2005)
Low Density Multiple Family Residential/
Boulevard Area Overlay/Urban Growth
Management/with conditions of zoning
ENVIRONMENTAL FINDING
On May 17, 2005 the Fresno City Council certified Final Environmental Impact Report (EIR) No. 10133
(SCH No. 2004021071) for the Fancher Creek Development Project through adoption of Resolution No.
2005-183. The EIR adopted for the proposed project considered and evaluated the potential effects
associated with the development of approximately 476 acres, specifically: 107 acres of M-1 (Light
Manufacturing) zoned property; 211 acres of R-1 (Single Family Residential) zoned property; 32 acres
of R-2 (Low Density Multiple Family Residential) zoned property; 31 acres of C-2 (Community Shopping
Center) zoned property, comprising the "Subject Property"; 43 acres of C-3 (Regional Shopping Center)
zoned property; and, an additional 52 acres of Regional Commercial planned area, which was included
within the EIR for cumulative analysis.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5968/UGM
March 16, 2011
Page 4
The subject property remains vacant but may be 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
subdivision of the subject property in accordance with Vesting Tentative Tract Map No. 5968/UGM will
not facilitate an additional intensification of uses beyond that which would be allowed by the Community
Commercial 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 EIR No. 10133
have been applied to the project necessary to assure that the project will not cause significant adverse
cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified
by EIR No. 10133.
As the subdivision of the subject property, pursuant to Vesting Tentative Tract Map No. 5968/UGM, is
proposed in order to facilitate future development of the subject property consistent with the Community
Commercial planned land use designation and existing C-2 (Community Shopping Center District)
zoning, it may be determined that: (1) Based upon the density and intensity proposed, the project falls
within the scope of Environmental Impact Report (EIR) No. 10133; (2) No substantial changes are
proposed in the project which require major revisions of the previous EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects; (3) No substantial changes will occur with respect to the circumstances under which
the project is undertaken, which will require major revisions of the previous EIR due to the involvement
of new significant environmental effects or a substantial increase in the severity of previously identified
significant effects; and, (4) No new information, which was not known and could not have been known,
at the time the EIR No. 10133 was certified, has become available. These findings are substantiated
through evidence provided within the attached addendum to Environmental Impact Report No. 10133,
which was prepared for the proposed project.
Therefore, the City of Fresno has determined that an addendum to Environmental Impact Report (EIR)
No. 10133 is appropriate given that none of the conditions described in Section 15162 of the Subdivision
Map Act calling for preparation of a subsequent EIR have occurred; and, new information added is only
for the purposes of providing minor technical changes or additions, in accordance with Section 15164 of
the Subdivision Map Act.
A copy of Environmental Impact Report (EIR) No. 10133 (SCH No. 2004021071), as certified by the
Fresno City Council on May 17, 2005, may be found on the City of Fresno, Development and Resource
Management Department website. A link to the EIR will be provided under the posted Planning
Commission Agenda for March 16, 2011.
BACKGROUND / ANALYSIS
Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of Fancher Creek Properties, LLC.,
property owner/subdivider, has filed Vesting Tentative Tract Map No. 5968/UGM pertaining to
approximately 23.13 net acres (29.35 gross acres) of property (collecl.ively, the "Subject Property)
located on the northwest, northeast, southeast, and southwest corners of the intersection of East
Fancher Creek Drive and North Fowler Avenue; within the Fancher Creek Development Project.
Vesting Tentative Tract Map No. T-5968/UGM proposes to subdivide the subject property for the
purposes of creating a total of 39 commercial lots between the four corners of the respective street
intersection; and, to vacate adjacent portions of the East Kings Canyon Road, North Fowler Avenue;
and, East Fancher Creek Drive rights-of-way. The proposed subdivision will facilitate future commercial
development on the subject property. However, entitlement applications have not been submitted for
any respective portion of the subject property to date (development applications and plans for any
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5968/UGM
March 16, 2011
Page 5
respective portion of the subject property will be required to be submitted to the City of Fresno for review
and approval prior to construction in accordance with the requirements of the Fresno Municipal Code).
The subject property is currently zoned under the C-2/BA-15/UGM/cz (Community Shopping
Center/Boulevard Area Overlay/Urban Growth Management/with conditions of zoning) zone district
classification. The subject property is located within the boundaries of the 2025 Fresno General Plan
and Roosevelt Community Plan, which designate the subject property for Community Commercial
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 C-2 (Community Shopping Center) zone district may be found to be
consistent with the Community Commercial planned land use designation.
The proposed subdivision will facilitate future commercial development on the subject property.
Although entitlement applications have not yet been submitted to the City of Fresno for any respective
portion of the subject property, development applications and plans for any respective portion of the
subject property will be required to be submitted to the City of Fresno for review and approval prior to
issuance of building permits; and, will be publicly noticed in accordance with the requirements of the
Fresno Municipal Code as appropriate.
The subject property is bounded on the north by the Fancher Creek Elementary School and vacant
lands, which have been approved for single family residential development as part of Vesting Tentative
Tract Map No. 5232 (approved 2005). Similarly, property to the east of the subject property also
remains vacant but has been approved for single family residential development as part of Vesting
Tentative Tract Map No. 5232. Property to the west, also part of Vesting Tentative Tract Map No. 5232
has been developed with single family residences. Properties to the south of the subject property and
across East Kings Canyon Road have been developed with single and multiple family residential uses
within Fresno County; and, neighborhood commercial uses within the incorporated area of the City of
Fresno.
Streets and Access Points
The subject property is located on the northwest, northeast, southeast, and southwest corners of the
intersection of East Fancher Creek Drive and North Fowler Avenue; within the Fancher Creek
Development Project. The adjacent segments of East Fancher Creek Drive is designated as a Scenic
Drive; and, the adjacent segments of North Fowler Avenue and East Kings Canyon Road are
designated as arterial streets.
The Public Works Department, Traffic Engineering Division has reviewed the proposed project and
potential traffic related impacts for the vesting tentative tract map applical:ions and has determined that
the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of
traffic which may be potentially generated subject to the requirements stipulated within the memoranda
from the Traffic Engineering Division dated March 10, 2011. These requirements generally include: (1)
Access restrictions consisting of limitations to the number of vehicular access points and turning
movements for respective quadrants of the tentative map; (2) Street improvements, (including, but not
limited to, construction of concrete curbs, gutters, and sidewalks, planned bicycle and pedestrian trails,
permanent pavement, underground street lighting systems; bus bays, the construction of a one-lane
round-a-bout at the intersection of East Fancher Creek Drive and North Fowler Avenue, modifications
and/or construction of medians with consideration of reservation of future travel lanes and, (3) Payment
of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee,
Fresno Major Street Impact (FMSI) Fee, and fair share contributions as determined by the State of
California Department of Tranportal:ion.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5968/UGM
March 16, 2011
Page 6
All necessary dedications to facilitate street improvements have been previously made and the
proposed vacations of adjacent public street rights-of-way will not occur to an extent that will affect
adjacent major street traffic volume capacity or installation of improvements previously identified or
required to mitigate potential effects. Furthermore, feasibility studies for proposed vacations will assure
that the proposed vacations do not interfere with public easements and/or facilities. This finding is
substantiated by the inclusion of project related conditions of approval as stipulated within the Public
Works Department, Traffic and Engineering Services Division memorandum dated March 10, 2011.
East Kings Canyon Road currently exists as State Route 180, which is under the jurisdiction of the State
of California. This right-of-way is soon to be relinquished to the City of Fresno but requires approval
from the California Transportation Commission. The proposed vacations for the respective portions of
East Kings Canyon Road will therefore, be required to go through Caltrans, or the applicant will be
required to wait until such time as the City gains ownership and vacate through the City.
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.
Public Services
The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water
services are available to serve the project site subject to implementation of the requirements within the
attached memoranda included as conditions of approval for Vesting Tentative Tract Map No.
5968/UGM. Construction and installation of public facilities and infrastructure in accordance with
Department of Public Works standards, specifications and policies, including extensions of sewer and
water services within the proposed tract, are also required.
The portion of the subject property located west of North Fowler Avenue is located within the jurisdiction
of, and will be serviced by, Bakman Water District. The proposed project will be conditioned upon
compliance with all Bakman Water Company's Material and Installation Standards for mains, service
lines, backflows, and hydrants. These conditions will be provided for the record at the public hearing
scheduled for consideration of Vesting Tentative Tract Map No. 5968/UGM
Furthermore, water service to the subject property is required to meet the rules and regulations of the
California Public Utilities Commission and California Health Services.
Therefore, implementation of the 2025 Fresno General Plan policies and the mitigation measures of
Master Environmental Impact Report No. 10130 and Environmental Impact Report No. 10133, along
with the implementation of the Water Resources Management Plan and the identified project specific
conditions of approval will provide an adequate, reliable, and sustainable water supply for the project's
urban domestic and public safety consumptive purposes.
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 water. Additionally, a minimum of two points of access for all phases of developments is
required along with cross-access agreements for emergency vehicle access to all lots proposed to be
created.
The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent drainage service
is available for the development subject to the developer completing FMFCD Master Plan Facilities as
determined by the district and demonstrating that runoff can be safely conveyed to the master plan
inlets upon completion of street improvements. District Fees are also due for the subject property.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5968/UGM
March 16, 2011
Page 7
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, and final project conditions of approval will be entered into the record at the public
hearing scheduled for consideration of Vesting Tentative Tract Map No. 5968/UGM.
Tentative Tract Map Findings
The Subdivision Map 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 Roosevelt Community Plan. Pursuant to Table 2 (Planned
Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Chapter 12,
Article 10 (Subdivision Ordinance) of the FMC, the subdivision design meets the zoning ordinance
criteria for development in the Community Commercial planned land use and C-2 (Community
Shopping Center) zone district designation.
2. This site is physically suitable for the proposed type and density of development, because
conditions of approval prepared will ensure adequate access and drainage on and off the site;
and, that development shall occur in accordance with adopted standards, goals, objectives, and
policies for development in the City of Fresno.
3. The proposed subdivision design and improvement is not likely to cause substantial and
considerable damage to the natural environment, including Fish, wildlife or their habitat, because all
agricultural uses on the subject property have been discontinued and the site is located within an
area, which has been substantially graded and prepped for developed with urban uses. 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.
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, which will
permit alignment of structures in an east-west direction for southern exposure.
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.
REPORT TO THE PLANNING COMMISSION
Vesting Tentative Tract Map No. 5968/UGM
March 16, 2011
Page 8
Conclusion
Action by the Planning Commission regarding Vesting Tentative Tract Map No. 5968/UGM is final
unless appealed in accordance with Section 12-1019 of the FMC.
The appropriateness of the proposed project has been examined with respect to its consistency with
goals and policies of the 2025 Fresno General Plan and the Roosevelt Community Plan; its compatibility
with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant
adverse environmental impacts. These factors have been evaluated as described above and by the
accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded
that Vesting Tentative Tract Map No. 5968/UGM is appropriate for the project site.
Attachments: Vicinity Map
2010 Aerial Photograph
Public Hearing Notice Mailing List Vicinity Map
2025 Fresno General Plan Planned Land Use Map
Vesting Tentative Tract Map No. T-5968/UGM
Conditions of Approval for Vesting Tentative Tract Map No. 5968/UGM dated March 16, 2011.
Addendum to Environmental Impact Report(EIR) No. 10133 (SCH No. 2004021071), as certified by
the Fresno City Council on May 17, 2005 (Resolution No. 2005-183)
' City of
W.TACKETT
PLANNING & DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO, CA. 93721-3604
THIS IS A LEGAL NOTICE
Vesting Tentative Tract Map No.5968/UGM
Northwest, Northeast,Southeast,and Southwest
corners of E.Fancher Creek Dr.&N.Fowler Ave.
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GROWTH COORDINATOR
UNITED STATES POSTAL SERVICE
LJNITED STATES _
POST/JL SERVICE
FEBRUARY 02,2010
To the City of Fresno—Planning =nd Development Department:
It is recommended that at :east 6 months prior to the first occupancy, the Developer shall contact the
local United States Postal Service representative to complete a Mode of Deliver y Agre•_ment fol New
Construction The Mode of Delivery Agreement must have a District approval signature to be valid
In addition to completing the Agreement, the Develof er shall provide a final map (with address detail)
to the local USPS representative. The Developer sha 1. at their own expense, procure. construct a�ld
install all mail receptac facilities for each location a> specified and approved by the USPS,
Sincerely,
:.-.at•iy S. Gilles
New Growth Coordinator
755 E NEEs Avt
FktsNo GA 93720-2196
559-442-4267
FAX 559.440-4267
MODE OF DELINIE R T - NEW CONSTRUCTION
United Stator Postal Service - Sacramento District
Project Information
Name of Project: ZIP CODE:
Estimated# Route T e/Number
Location: Deliveries: Type/Number
Unit/Office: To Be
City Rura' Conrracttt Determined
[=stimated Delivery Date(Month and Year)
USPS Contact Information
Cuntact Made By: Date: Telephone#:
Bulider/Developer Contact Information
Name: Title: JPhone:
Firm: Address:
Equipment Information
TYPE OF PROJECT _ TYPE&QUANTITY OF EQUIPMENT
c ec. I Cent4tzud Non-Centralized
type Veliveries F ra Q y Equipment "Y Equipment
Office Bldq. CBU Type 1 (8) Curbside 21post
Shopping"StTip Mall CBU Type II(12) Curbside 31post
Apt. Condo CBU Type III (16) Curbside 41post
Townhomes CBU Type IV(13) Other fS ecif j
Modular Homes Wallmount Std4C
Single Family Parcel Lockers
Other(Specifyl
Purchase/installation Responsibility
XO"Nner I Dev,,�!oper DU.S.P ". Other: Seg:Comment!
Issue Key Responsiblli
Owner i Developer U.SJi S, Other: See Comments
Comments:
a attached maps for designated locations.
{ )Builder/Developer/Property Owner underst< }s that he/she must c)mply with+JSPS Cement Pau Specification:, Copy provided.
This Agreement will document that the builder/developer w I pirchase and install the centralized delivery equipment
as indicated above at the specified locations. Locations mus:bit clearly designatccl on plat maps provided by the builder
or developer. Any changes must be approved jointly by both undersigned individuals.
USPS REPRESENTATIVE: PROPERTY OWNER/DEVELOPER]MANAGER:
Name: Cathy Gilles *Name:
Title: Growth Coordinator *Title:
signature'. Dat, "Signature: Date-
Telephone#: 559-440-4267 *Telephone#:
FAX #: 559-440-4286 *FAX#:
r:S 1 RIM APPROVAL.
MODE C DELIVERY AGRE:=MENT.xls9/23/2009 P 1
�iry o1
IrFIN in
DATE: March 10, 2011
TO: Will Tackett
Development Department, Planning Division
THROUGH: Bryan Jones, TE, PTP, AICP, City Traffic Engineer, Division Manager
Public Works Department, Traffic and Engineering Services Division
FROM: Louise Gilio, Traffic Planning Supervisor
Public Works Department, Traffic and Engineering Services Divisio
SUBJECT: Public Works Conditions of Approval
TT 5968, (Kings Canyon and Fowler)
Fancher Creek Properties 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.
Planning: A cross access agreement is required.
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.
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. If not existing, street work on major streets shall be designed to include Intelligent Transportation
Systems (ITS) in accordance with the Public Works ITS Specifications.
5. 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.
6. Street widening and transitions shall also include utility relocations and necessary dedications.
Frontage Improvement Requirements:
Major Streets:
Kings Canyon Road: Arterial (State Route 180):
1. Kings Canyon Road currently is State Route 180 which is under Caltrans'jurisdiction. It is soon to
be relinquished to the City of Fresno. Comply with the City of Fresno specifications. Depending
on the timing of permits and construction, project improvements may require approval and permits
from Caltrans.
2. Construct concrete curb and gutter to Public Works Standard P-5. The curb shall be constructed
to a 10' commercial pattern.
Page 1 of 5
TATraffic Planning\TRACT MAPS\5900\T-5968 KINGS CANYON AT FOWLER\T•5968 Kings Canyon at Fowler Rev i.doc
3. Bike and Pedestrian Trail/Path: Dedicate a 26' (minimum) easement for Bike and Pedestrian
purposes only. (Additional right of way may be required for grading and drainage purposes.)
Construct a 12' wide concrete Bike and Pedestrian trail/path, complete with signing, striping and
landscaping, per the 2025 Fresno General Plan, Multi-Purpose Trails Plan Map, City of Fresno
Bicycle, Pedestrian and Trails Master Plan (www.fresno. ov/BM ) and Public Works Standards
P-59 and P-60. Identify the proposed trail easement on the map and provide a cross section 7
daysrp for to the planning commission hearing. Submit engineered construction plans to Public
Works. Submit signing, striping, grading, landscape and irrigation plans plan to the Traffic&
Engineering Services Division for approval. No utilities shall be constructed or Installed within
the trail easement.
4. Construct 20' of permanent paving within the limits of this subdivision.
5. Construct an 80' bus bay curb and gutter at the northwest corner of Kings Canyon and Fowler to
Public Works Standard P-73, complete with a 10' monolithic sidewalk.
6. Construct an underground street lighting system to Public Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial
Streets.
7. On-street parking is prohibited.
Fowler Avenue: Arterial (both sides): Comply with approved street plans signed and approved by the
Public Works Department.
1 Cruder at Pannher f r ,
a. North leg — -"' lmwel o _QA'd edian-+sland, ',,� '�Q: e-tam 71b*e
1'nane__4() rt18f#i -1-2'-trayel��c�-ane&4 m3fFant@din-1he
#t#t..Fe-
b. East _9 West leg6 eRe Vayel tare-ifl-eas# ' r; -bikes a��ef�
'n9-ioW4h;; northwest we-st-quadFanis-(no! a two-
way left tum e)
G. South len- 12' +Faire' laAe-and 7' bike laRe-40'-rnedian-island, 1 o; lane and T
YGttc
2 Peeler a Ilia Gap�n
b. r!hhn, nd---W kl t:
G. EmastbGwRd 16' rpediaA island (for future 4' na6e. 1' left), +1' lel+ rl_12' fig#to
d. Wesibounel_ 1194+ n +hrru gh 1 r,r h+
3. West side: Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb
shall be constructed to a 10' commercial pattern. Provide pedestrian easements, as needed, for
the proposed sidewalk.
4. East Side:
a. Construct concrete curb and gutter to Public Works Standard P-5.
b. Construct a Bike and Pedestrian Trail/Path per the 2025 Fresno General Plan, Multi-
Purpose Trails Plan Map, City of Fresno Bicycle, Pedestrian and Trails Master Plan
(www.fresno.gov/BMP) and Public Works Standards P-59 and P-60. Dedicate a 26'
(minimum) easement for Bike and Pedestrian purposes only. (Additional right of way may
be required for grading and drainage purposes.) Construct a 12' wide concrete Bike and
Pedestrian trail/path, complete with signing, striping and landscaping. Identify the
proposed trail easement on the map and provide a cross section 7 days prior to the
Page 2of5
TATraffic Planning\TRACT MAPS\5900\T-5968 KINGS CANYON AT FOWLER\T-5968 Kings Canyon at Fowler Rev 1.doc
planning commission hearing. Submit engineered construction plans, signing, striping,
grading, landscape and irrigation plans to the Traffic & Engineering Division for approval.
No utilities shall be constructed or installed within the trail easement.
5. Both sides:
a. Construct 19' of permanent paving within the limits of this subdivision.
b. 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.
c. On street parking is prohibited.
6. Construct an 80' bus bay curb and gutter at the northeast corner of Fowler Avenue and Kings
Canyon Road to Public Works Standard P-73, complete with a 10' monolithic sidewalk.
Fancher Creek Drive: Scenic Drive (both sides)
1. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be
constructed to a 10' commercial pattern. A transition may be required to match T-5232.
Provide pedestrian easements, as needed, for proposed sidewalk.
2. Construct 20' of permanent paving within the limits of this subdivision. (paving width varies)
3. Construct an underground street lighting system to Public Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standards, match T-5232.
4. On-street parking is prohibited.
Specific Mitigation Requirements: A Traffic Impact Study (TIS) has been submitted. See EIR and
supporting TIS.
1. Access restrictions are shown below. Exact locations to be determined by the City Traffic
Engineer.
a. Northwest quadrant:
i. Fowler: shall have one access and be limited to right-in and right-out turns.
ii. Fancher Creek: shall have one access and shall be designed with a partial median
opening to allow for right-in, right-out and left-in turns.
b. Northeast quadrant:
i. Fowler: shall have one access and be limited to right-in and right-out turns.
ii. Fancher Creek: shall have one access and be limited to right-in and right-out turns.
c. Southwest quadrant:
L Fowler: shall have one access and shall be limited to right-in and right-out turns.
ii. Kings Canyon: shall have one access and shall be limited to right-in and right-out
turns.
iii. Fancher Creek: shall have two access points, the westerly one shall be designed
with a partial median opening to allow for right-in, right out and left-in turns. The
easterly one shall be limited to right-in and right-out turns.
d. Southeast quadrant:
i. Fowler: shall have one access and shall be limited to right-in and right-out turns.
ii. Kings Canyon: shall have one access and shall be limited to right-in and right-out
turns.
iii. Fancher Creek: shall have one access and shall be limited to right-in and right-out
turns.
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. Each quadrant will need a Master Circulation Plan to show access.
Page 3 of 5
TATraffic Planning\TRACT MAPS\5900\T-5968 KINGS CANYON AT FOWLER\T-5968 Kings Canyon at Fowler Rev 1.doc
4. A feasibility study for all proposed vacations of existing public rights of way is required to be
completed prior to the approval of the final map.
a. Submit an application to Public Works to initiate a feasibility study for the proposed
vacations, (Contact Alan James at 621-8693 for details)
b. Vacate portions of Fowler Avenue and Fancher Creek Drive within the limits of this map.
Traffic Signal Mitigation Impact TSMO 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 commercial use (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:
Kings Canyon Road: Arterial (New Growth Area/ Regional Street)
1. Modify the existing median to 15' wide with a single left at the intersection of Kings Canyon and
Fowler. Location of the proposed median to be designed to accommodate future dual left turns.
Construct a raised concrete median with a 250' left turn pocket. 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.
Fowler Avenue: Arterial (New Growth Area)
1. If not existing, construct a one-lane round-a-bout at the intersection of Fowler and Fancher Creek
Drive. Design shall be approved by the City Traffic Engineer.
2. Construct a 40' median island. Cross section shall be as follows 7' bike-12' thru-40' median-12'
thru—7' bike. Transitions as necessary based on a 25 MPH design speed. (There is sufficient r/w
to accommodate a future signal)
Page 4 of 5
T:\Traffic Planning\TRACT MAPS\5900\T-5968 KINGS CANYON AT FOWLER\T-5968 Kings Canyon at Fowler Rev 1.doc
Fancher Creek Drive: Scenic Drive:
1. Construct a median island within the limits of this subdivision. Provide a left turn into the
northwest and southwest quadrants. Dedication shall be sufficient to accommodate Scenic Drive
standards and any other grading or transitions as necessary based on a 25 MPH design speed.
State of California Department of Transportation (Caltrans) Fees:
Applicant shall pay fair share contribution as determined by the State of California Department of
Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic
Engineering prior to a Final Map.
Page 5 of 5
Tffraffic Planning\TRACT MAPS\5900\T-5968 KINGS CANYON AT FOWLER\T-5968 Kings Canyon at Fowler Rev 1.doc
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 Kimber, Parks Supervisor II (559.621.8794)
Engineering Division
DATE: October 30, 2010
SUBJECT: Tract 5968 (APN:313-021-25 & 313-280-72) located on the northeast, northwest,
southeast and southwest corners of the intersection of East Fancher Creek Drive and North
Fowler Avenue. 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 21, 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, 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 to blend
with Tract 5232 to the west:
STREET NAME STREET TREE LATIN/COMMON NAME
East Huntington Avenue Cinnamomum camphora (Camphor Tree)
North Fowler Avenue No species assigned. Please choose an
appropriate street tree from the Approved Public
Works Street Tree list
East Kings Canyon Road Quercus lobata (Valley Oak)
3. 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, median islands, 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. 'rhe Fancher Creek
landscape and irrigation designs that have been approved/installed for adjacentTract
5232 are 15-C-14605 to 14658 designed by Quad Knopf. Please match the landscaping
concepts.
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 offence. 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 project. (Fowler and Kings
Canyon Road).
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.
4. Trees larger than-fifteen (15)feet tall will not be allowed in median islands that contain water
and sewer mains.
OUTLOTS
1. The Department of Public Works will not be responsible forthe 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 approving landscape and irrigation plans
to be submitted with landscape buffer plans prior to inclusion into the CFD.
TRAIL REQUIREMENTS FOWLER AND KINGS CANYON
1. The trails shall be constructed in accordance with the"Master Trails Manual" and the Public
Works Department Standards. The subdivider is responsible forthe trails construction. The
subdivider is responsiible for for all landscape and irrigation improvements for and within the
trails. Construction plans shall be submitted and shall include landscape and irrigation
design. Trail cross sections will be required with the submittal of Street Plans for review and
approval by the Public Works Department. Landscaping within the regional/multi-purpose
trail shall include large, medium and low-growing shrubs planted 3-6 feet apart depending
upon the variety, and trees shall be spaced approximately 25-45 feet apart to provide 50%
shade coverage onto the planting area and pathway.
Landscaping adjacent to walls shall comply with the "Landscape and Buffer Development
Standards". All planting areas shall be irrigated with an automatic system and comply with
both FMC 12-306-23 and AB 1881 "Model Water Efficient Landscape Ordinance".
City of ��,,►,�A� Seo
DEPARTMENT OF PUBLIC UTILITIES
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ft1*lnq cFo's Essonair swim
Date: January 25, 2010
To: WILL TACKETT,Planner III
Planning and Development
From: DOUG HECKER, Supervising Engineering Technicia43
Department of Public Utilities,Planning and Engineering Division
Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT 5968
General
T-5968-UGM, filed by Gary G. Giannetta Civil Engineering and Land Surveying on behalf of Fancher
Creek Properties, LLC,pertains to approximately 23.13 net acres,29.35 gross acres, of property
located on the northwest,northeast, southeast,and southwest corners of the intersection of East
Fancher Creek Drive and North Fowler Avenue,APN 313-021-25, 313-280-72. T-5968-UGM
requests authorization to subdivide the subject property for the purposes of a 39-lot commercial
development. The property is zoned C-2-BA-15-UGM-cz, Community Shopping Center District-
Boulevard Area Overlay-Urban Growth Management-conditions of zoning, and is planned for
Community Commercial land uses.
Sanitary Sewer Service
The nearest sanitary sewer main to serve the proposed project is a 39-inch main located in North
Fowler Avenue and an 8-inch main located in East Fancher Creek Drive. 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 East Fancher Creek Drive from the existing 8-inch
main east of South Renn Avenue east across the project frontage.
2. Construct an 8-inch sanitary sewer main in East Laurel Avenue from North Fowler Avenue east
across the project frontage.
3. Sewer house branch connection(s) shall not be allowed to North Fowler Avenue.
4. Cross-access agreement/covenant for on-site private sewer facilities shall be required.
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. All on-site sanitary sewer facilities shall be private.
8. Abandon any existing on-site private septic systems.
9. Street easements and/or deeds shall be recorded prior to approval of improvement plans.
10. All underground street utilities shall be installed prior to permanent street paving.
11. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for
Department of Public Utilities review and approvals for proposed addition and/or modification
to the City Sewer System. Depict neighboring parcels and proposed plans for their continued
service.
12. All public sanitary sewer facilities shall be constructed in accordance with City Standards,
specifications, and policies.
13. The project developer should contact Wastewater Management Division/Environmental
Services(559) 621-5100 regarding conditions of service for special users.
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. Sewer Oversize Service Area: #37
4. Trunk Sewer Charge: Fowler
5. Sewer Facility Charge(Non-Residential)
6. Upon connection of this Project to the City Sewer System the owner shall be subject to
payment of Sewer Facility charges per Fresno Municipal Code Section 6-304 and 6-305. Sewer
Facility Charges consist of two components,a Wastewater Facilities Charge and Trunk Sewer
Charge where applicable.
7. Sewer Facility Charges are collected after occupancy on a bi-monthly basis over time based on
metered(water or sewer effluent)usage. The developer may contact the Department of Public
Utilities/Wastewater-Environmental Control at(559) 621-5153 to receive an estimated cost of
the Sewer Facility Charges applicable to the project(based on a constant sewer discharge and
loading(Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels
anticipated) at the current rates in effect,at that time,per Fresno's Master Fee Resolution. The
developer shall provide data regarding estimated sewer discharge rates [flow] and loading
[BOD/TSS levels] required for calculating the estimated charges.
City of %0%IX110A S01149
FREv■
DEPARTMENT OF PUBLIC UTILITIES —WATER DIVISION 3 ��
DATE: February 12, 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. 5968/UGM
The following conditions are required to provide water service to the tract.
1. Construct a 14-inch transmission grid water main (including installation of City fire
hydrants) in East Fancher Creek Drive from North Fowler Avenue east across the
frontage of the tract.
2. Separate water services with meters shall be provided to each lot created.
3. 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.
4. All public water facilities shall be constructed in accordance with Public Works
Department standards, specifications, and policies.
5. 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.
TAPROWNEC\Conditions of Approval\5968 021210.doc
BAKMAN WATER COMPANY
TELEPHONE(559)255-0324 • P.O:BOX 7965 • 5105 E.BELMONT • FRESNO,CA 93747
March 14, 2011
Re: Track 5968 (Lots 1-10 and 28-39)
To Whom It May Concern:
Water is available and can be served to the parcel of land located North of Kings
Canyon Ave and West of Fowler Ave referenced as Track 5968 (Lots 1-10 and
28-39) without exception under the rules and regulations of the California Public
Utilities Commission and California Health Services.
Sincerely,
j
eichdard Tim Bakman
Bakman Water Company
w
krnKlrp
hakmrises
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.21045
NOTICE OF REQUIREMENTS
Page 1 of 4
PUBLIC AGENCY DEVELOPER
MR.WILL TACKEIT FANCHER CREEK PROPERTIES,LLC on
PLANNING AND DEVELOPMENT DEPARTMENT 8385 N.FRESNO ST.,SUITE 150
CITY OF FRESNO FRESNO,CA 93720
2600 FRESNO STREET,ROOM 3043
FRESNO,CA 93721-3604
PROJECT NO: 5968
ADDRESS: NW,NE,SE&SW CORNERS OF FANCHER CREEK DR.&
FOWLER AVE. SENT: �� 1
APN: 313-021-25,313-280-72
Drainage Area(s) Preliminary Fee(s)
BM380,5� .00
TOTAL FEE:5380,510.00
i
The proposed development will generate storm runoff which produces potentially significant environmental impacts and which
z
must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental O
Policy Act.The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood 0
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. Ul
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: CD
a.) Fees related to undeveloped or phased portions of the project may be deferrable.
Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under
b.) which the development is being undertaken and if permanent provisions are made to assure that the site remains in that
configuration.
c.) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee
obligation.
When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement
e') will be made for the excess costs from future fees collected by the District from other development.
Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the
f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or
5%of the refund whichever is less will be retained without fee credit.
Approval of this development shall be conditioned upon compliance with these District Requirements.
1. a. Drainage from the site shall BE DIRECTED TO
X b. Grading and drainage pattems shall be as identified on Exhibit No. 1
54691-OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
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
t
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
X Street Plan
Storm Drain Plan
i
Water&Sewer Plan
X Final Map Z
Other O
None Required
4. Availability of drainage facilities:
Permanent drainage service is available provided the developer can verify to the satisfaction of the City
X e. 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.
G Permanent drainage service will not be available. The District recommends temporary facilities until
permanent service is available.TEMPORARY SERVICE IS AVAILABLE THROUGH
d. See Exhibit No.2.
5. The proposed development:
Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate
Maps available to the District,necessitating appropriate floodplain management action.(See attached
Floodplain Policy.)
X Does not appear to be located within a flood prone area
The subject site contains a portion of a canal or pipeline that is used to manage recharge,storm water,
6. and/or flood flows.The existing capacity must be preserved as part of site development.Additionally,site
development may not interfere with the ability to operate and maintain the canal or pipeline.
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with
Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing
one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant
Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the
discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards.
These requirements apply both to pollutants generated during construction,and to those which may be generated by
operations at the development after construction.
a. State General Permit for Storm Water Discharges Associated with Construction Activities,approved
August 1999,(modified December 2002) A State General Construction Permit is required for all clearing,
grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one
acre\if part of a larger common plan of development or sale). Permittees are required to:submit a Notice
of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State
Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water
discharges,conduct routine site inspections,train employees in permit compliance,and complete an
annual certification of compliance.
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April,1997
(available at the District Office). A State General Industrial Permit is required for specific types of
industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The
following categories of industries are generally required to secure an industrial permit:manufacturing;
trucking;recycling;and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and O
implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine
site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant
indicators,and annually submit a report to the State Board.
c. The proposed development is encouraged to select and implement storm water quality controls
recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction
Guidelines(available at the District Office)to meet the requirements of the State General Permits,
eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible
minimize contact with materials which may contaminate storm water runoff.
8. A requirement ofthe District may be appealed by filing a written notice of appeal with the Secretary ofthe District
within ten days ofthe 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.
Z��'�fL"Av*-P� ��"-V 11.J)
Gerald E.Lakeman Mark Wil
District Engineer Project Engineer
5469 E OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(S59)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 4 or 4
CC:
GARY G.GIANNETTA
1119"S"STREET —
FRESNO,CA 93721
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5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
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NOTE:
THIS MAP IS SCHEMATIC
DISTANCES ARE APPROXIMATE.
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LEGEND
°— — Existing Master Plan Facilities
2 Future Master Plan Facilities
0— Approved Design Facilities
----- Inlet Boundary
— --• — Drainage Area Boundary 1 "=400'
-- — Street Centerline TRACT 5968
—�- Direction of Drainage DRAINAGE AREA"BM"
EXHIBIT NO. 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
OTHER REQUIREMENTS
EXHIBIT NO.2
The approved Design Facilities identified on Exhibit No. 1 shall be completed prior to completion of
curb and gutter and street improvements per previous developer agreement with Tract 5232,Centex
Homes or by District. Developer shall contact District regarding construction of these storm drain
facilities prior to implementation of street work.
The District requests that the grading engineer contact the District as early as possible to review the
proposed site grading for verification and acceptance of proposed grades prior to preparing a grading
plan.
In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and
maintained such that material that may generate contaminants will be prevented from contact with
rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain
system.
The District encourages,but does not require that roof drains from non-residential development be
constructed such that they are directed onto and through a landscaped grassy swale area to filter out
pollutants from roof runoff.
Runoff from areas where industrial activities,product,or merchandise come into contact with and
may contaminate storm water must be directed through landscaped areas or otherwise treated before
discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning
of such areas by sweeping instead of washing is to be required unless such wash water can be -
directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that
directly connect to the District's system will not be permitted. Loading docks,depressed areas,and
areas servicing or fueling vehicles are specifically subject to these requirements. The District's
policy governing said industrial site NPDES program requirements are available. Contract the
District's Environmental Department for further information regarding these policies related to
industrial site requirements.
Development No. Tract 5968
engeTemii t\exhibit2\tract\5968(mw)
tL
-5 .10
-.ICA5
CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT
REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT,
AND ENTITLEMENT APPLICATION REVIEW OF
VESTING TENTATIVE TRACT MAP NO. 5968/UGM
Return Completed Form to:
Will Tackett, Planning Division
((Addressee)) '
fc
Email: Will.Tackett(cD-fresno.gov
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. 5968/UGM, filed by Gary G. Giannetta Civil Engineering & Land Surveying on
behalf of Fancher Creek Properties, LLC., pertains to approximately 23.13 net acres(29.35 gross acres)of property
located on the northwest,northeast,southeast,and southwest comers of the intersection of East Fancher Creek Drive
and North Fowler Avenue. Vesting Tentative Tract Map No.5968/UGM requests authorization to subdivide the subject
property for the purposes of a 39-lot commercial development. The property is zoned C-2BA-15/UGM/cz(Community
Shopping Center District/Boulevard Area OverlayUrban Growth ManagementAvifh conditions of zoning)and is planned
for Community Commercial land uses.
APN: 313-021-25&313-280-72 ZONING: C-2/BA-15/UGM/cz ADDRESS: No Address Assigned
DATE ROUTED: January 22, 2010 COMMENT DEADLINE: February 23, 2010
ff 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.)
��� T� ���c�E �r ��Ut►�►�1E�lTs �R
SUGGESTION(S)TO REDUCE IMPACTS/ADDRESS CONCERNS:
REQUIRED CONDITIONS OF APPROVAL:
'5 C A'5 C'- .
IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific):
00
REVIEWED BY: j''� 4Cr3
[i r
Name and Title Telephone Number D to
District5; Roosevelt Community Plan
Attachments:
g E S Randy R. Bruegman
A� Fire Chief
Bureau of Fire Prevention and Investigative Services
450 M Street
Fresno, California 93721-3083
F j R (559) 621-4000 FAX (559) 498-4323
www.fresno.gov
Date February 8, 2010
TO: Will Tackett, Planner III
Development Department, Planner
FROM: Mike Schmidt, Supervising Fire Prevention Inspecto fi �
Fire Prevention Bureau
SUBJECT: Vesting Tentative Tract No. 5968
The Fire Department has completed a review of the Vesting Tentative Tract Map 5968 which was
submitted by Giannetta Engineering. The following requirements and conditions are to be placed on
this vesting tentative tract map as a condition of approval by the Fire Department.
General Requirements:
This project is within 1 .6 miles of Fresno Fire Station No. 15
This project is subject to city wide fire service fees.
Lot #10 will require two points of access. Provide access onto the intersection of Laurel/Renn (NW
corner) or covenanted access through lots 1 or 2.
All lots over 300' deep will require fire department turnaround (hammer-head) or a covenanted
second access through an adjacent parcel for fire department access. Some lots slightly less than
300' deep may encounter the same requirement depending on lot width and building configuration.
East Fancher Creek east of Fowler Ave. appears very narrow. Provide dimensions of proposed street
widths (15' minimum).
Fire lane marking requirements will be addressed on a site plan larger than 60 scale.
Note: Phasing of tract will require re-review for access requirements.
Also see requirements listed on 2-2-10 memo from Howdy Beal.
"To protect and serve and to put service above all else."
City of
FIRE DEPARTMENT
Date: February 02, 2010
To: WILL TACKETT, Planner II
Planning and Development Department , Advance Planning
From: HOWDY BEAL, Fire Prevention Inspector II
Fire Department, Fire Prevention& Investigative Services
Subject: T-5968-UGM, filed by Gary G. Giannetta Civil Engineering and Land
Surveying on behalf of Fancher Creek Properties, LLC, pertains to
approximately 23, 13 net acres, 29,35 gross acres, of property located on the
northwest, northeast, southeast, and southwest corners of the intersection of
East Fancher Creek Drive and North Fowler Avenue, APN 313-021-25, 313-
280-72. T-5968-UGM requests authorization to subdivide the subject property
for the purposes of a 39-lot commercial development. The property is zoned C-
2-BA-15-UGM-cz, Community Shopping Center District-Boulevard Area
Overlay-Urban Growth Management-conditions of zoning, and is planned for
Community Commercial land uses.
Hydrants
Public streets hydrant(s) must be installed. Coordinate street hydrant locations with
Public Works.
Fire hydrants shall be installed,tested, approved, and all surface access roads shall be
installed and made serviceable prior to and during the time of construction. The hydrant 4
1/2" outlet shall face the access lane.
General
Two means of ingress/egress must be provided. This access must be maintained during
all phases of development.
All construction work on this project is subject to interruption if the road system becomes
impassable for fire apparatus due to rain or other obstacles. All required fire access lanes
shall be provided and maintained with an approved 'all weather' surface capable of
supporting 80,000 lb. vehicles (minimum 4" of base rock over compacted or undisturbed
native soil or per approved engineered plans) year-round and with 24 feet minimum
width or other approved method that would prevent shoulder degradation.
All private streets and driveways that are provided for common access and are required
for Fire Department access shall be constructed to a minimum unobstructed width of 20
feet. For drives separated by a median, 15 foot minimum lanes are required.
Turns in private drives for aerial truck access shall have minimum 44 foot centerline turn
radius.
Other
Note: Phasing of tract will require re-review for access requirements. On-Site hydrants
may be required for commercial projects.
co
J.
County of Fresno
Department of Public Works and Planning
Alan Weaver
Director
DATE: 2 February 2010
TO:
ADDRESS:
PHONE:
SUBJECT: Application No:
Location &Address:
Assessors Parcel No:
Property Owner:
The submittal of improvement plans and issuance of grading permit voucheripermits in the City
for the above project require the following:
( ) Conditions of Approval jCOA]as adopted and/or revised by the City Council.
( ) Copies of the LAFCO docs.and annexation maps to verify County limits and jurisdiction.
( ) Copy of the approved tentative map and site photos
( ) Improvement plans for utilities in County dw or on private land outside city limits
{ ) Indication of all Flood Zone"A"areas. Provide LOMR, hydrology study, etc.as applicable
( ) Provide requirements for any FMFCD or irrigation districts improvements.
Provide copies of signed agreements and fees for development
( ) Soils report and R-values for pavement design where work required in a County road.
( ) Hydrology calculations and/or analysis for culverts, drainage structures etc.in County right-of-way.
( ) Provide NOI for subsequent SWPPP and NPDES compliance
( ) Revision of typical road and property line cross sections to remove impacts in the County and on County
road Nw etc. No drainage from development onto private property is allowed.
( ) Provide a review fee of$175.50 plus$83.00 for a grading voucher where all work Is within proposed city
limits
( ) Provide a review fee of$352.00 and a 2nd$352.00 for a grading permit where work affects property to
remain within the County or outside proposed city limits.
( ) Submit plans to Road M&O for review/on County maintained roads and obtain encroachment permits.
{ ) Approval from Building Official for exemption from compliance with Chapter 15 of the County Ordinance
Code per Sec. 15.04.140
( ) Other:
If you have any questions regarding this letter please contact Development Engineering at(559)
262-4022 .
CADocuments and Settingsldgibbs\Local Settingffemporary Internet FllealOLK5B1PIanCheckCityTracLdoc
DEVELOPMENT SERVICES DIVISION
2220 Tulare Street,Sixth Floor/Fresno,California 937211 Phone(559)262-40221 FAX(559)262-4166
Equal Employment Oppodunity•Affirmative Action•Disabled Employer
COUP
County of Fresno
i Department of Public Health
Edward L. Moreno, M.D.,M.P.H.,Director-Health Officer
0� 1896 r�
F,1-5
February 9, 2010
999999999
L00015503
Will Tackett PE 2602
City of Fresno
Planning & Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Tackett:
PROJECT NUMBER: T-5968/UGM
PROJECT DESCRIPTION AND LOCATION: Vesting Tentative Tract Map No. 5968/UGM, filed
by Gary G. Giannetta Civil Engineering & Land Surveying on behalf of Fancher Creek
Properties, LLC., pertains to approximately 23.13 net acres (29.35 gross acres) of property
located on the northwest, northeast, and southwest corners of the intersection of East Fancher
Creek Drive and North Fowler Avenue. Vesting Tentative Tract Map No. 5968/UGM requests
authorization to subdivide the subject property for the purposes of a 39-lot commercial
development. The property is zoned C-2/BA-15/UGM/cz and is planned for Community
Commercial land uses.
APN: 313-021-25 & 313-280-72 Zoning: C-2/BA-15/UGM/cz Address: none assigned
Recommended Conditions of Approval:
• Construction permits for the 39-lot commercial development 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 39-lot commercial development 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-5968/UGM
February 9, 2010
Page 2of2
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:
G I e n n A l l e n Dlgha=Gy _ All—ennAllen
DN.cn=GMr�n Allen,o=EnNrmmental Heahh DlNsbn,
o Publk Heahh,.mall=glalLe W..he-,,c,.,i=US
Oat.:2010.@.0910,03:19-0'W
R.E.H.S., M.S.
Supervising Environmental Health Specialist
(559)445-3271
ga
M. Wayne Fox, Environmental Health Division
T-5968 Fancher Creek Properties
Pacific d Gas anKyle Patten Phone: 559-263-5167
Gas u Land Agent E Mail Kap5@pge.com
@Pge.com
Electric Company. 650 O Street Bag 23Fresno, CA. 93760
Land Services
February 17, 2010
Development Department
Engineering Services Division
Land Division Section
2600 Fresno Street, Room 3043
Fresno, CA. 93721-3604
Attn: Mr. Will Tackett
Dear Mr. Will Tackett,
We have reviewed Tentative Tract Map No. 5968.
PG&E requests that a Public Utility Easement (PUE), ten feet (10') in width, be
dedicated contiguous to all street(s) boundaries located within and along any portion
of said Tract Map boundaries fronting any street(s) lying outside of said Tract Map.
PG&E also requests that a PUE be incorporated within all private roads.
PG&E may further require an easement from the property owner(s) over the newly created
PUE's. The exact size and locations of the PUE's together with the need for an
easement will be finalized on the final map review.
PG&E's records show no gas or electric transmission facilities in the project area.
Existing gas or electric facility relocations necessitated by new street improvements
(which are required as conditions of a development's final acceptance by the City of
Fresno) will be at the expense of the developer.
Thank you for the opportunity to review the plans of this Tentative Tract Map. If you
have any questions, please contact me at 263-5167.
Sincer ly
yle Patten
Land Agent
March 23, 2010
City of Fresno Planning and Development
C/O Will Tackett
2600 Fresno St—Rm. 3043
Fresno, CA 93721-3604
Subject: Parcel Tract Map 5968, A.P.N. 313-021-25 & 313-280-72
Attached, are your maps for the above referenced project. AT&T/Pacific Bell has
identified all known facilities or conflicts with the above referenced project.
The Engineer on this project area is Ed Siqueiros at 559-454-3848. If your engineering
department does see a potential problem please contact this engineer. Please call U.S.A.
before digging at 1-800-227-2600.
If you have any questions regarding this letter, please contact me at (559) 454-4848.
Thank you,
Barry Soliday
AT&T Right-of-Way Support Dept.
Attachments
Reply-Parcel Tract Map 5968
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SCHOOL DISTRICT
Governing Board
February 9, 2010 Sandra A.Bengel
Christopher Casado
Brian D. Heryford
Will Tackett Ginny Hovsepian
Planning & Development Department Elizabeth J.Sandoval
2600 Fresno St, Third Floor F.Scott Troescher
Fresno CA 93721-3604 Jin,van volkinburg,D.D.S.
Subject: Tentative Tract Map 5968.UGM
Four corners of Fancher Creek and Fowler Avenues Administration
David E.Cash,Ed.D.
Dear Will: Superintendent
Michelle Steagall,Ed.D.
Associate Superintendent
This letter is in response to your request for school district comment on the above-referenced Steve Ward
project, which would authorize the construction of a 39-lot commercial development. Associate Superintendent
Janet Young,Ed.D.
New commercial and industrial development affects the District by generating employees. Associate Superintendent
The children of employees living in the District will need to be housed in District schools.
The District currently levies a school facilities fee of $0.47 per square foot for
commercial/industrial development. New development on the subject property will be
subject to the fee in place at the time fee certificates are obtained.
Thank you for the opportunity to comment.
Sincerely,
Steve Ward
Associate Superintendent
Administrative Services
1450 Hemdon Avenue•acros, CA 93611-0599
559-327-9000•www.cusd.com
CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT
REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT,
AND ENTITLEMENT APPLICATION REVIEW OF
VESTING TENTATIVE TRACT MAP NO. 5968/UGM
Return Completed Form to:
Will Tackett, Planning Division
Public Works —Alan James Email: Will.Tackett@fresno.Qov
Telephone: 559-621-8063
Planning & Development Department
2600 Fresno Street, Third Floor
Fresno CA 93721-3604
PROJECT DESCRIPTION AND LOCATION:
Amended Vesting Tentative Tract Map No. 5968/UGM, filed by Gary G. Giannetta Civil Engineering & Land
Surveying on behalf of Fancher Creek Properties, LLC., pertains to approximately 23.13 net acres (29.35 gross
acres) of property located on the northwest, northeast, southeast, and southwest corners of the intersection of
East Fancher Creek Drive and North Fowler Avenue. Vesting Tentative Tract Map No. 5968/UGM requests
authorization to subdivide the subject property for the purposes of a 39-lot commercial development. The
property is zoned C-2/BA-15/UGM/cz (Community Shopping Center District/Boulevard Area OverlayUrban
Growth Management/with conditions of zoning) and is planned for Community Commercial land uses. Amended
to include proposal to vacate portions of the East Kings Canyon Road, North Fowler Avenue, and East Fancher
Creek Drive rights-of-way.
APN(s): 313-021-25 & 313-280-72 ZONING: C-2/BA-15/UGM/cz ADDRESS: No Address Assigned
DATE ROUTED: February 28, 2011 COMMENT DEADLINE: March 07, 2011
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.)
SUGGESTION(S) TO REDUCE IMPACTS/ADDRESS CONCERNS:
REQUIRED CONDITIONS OF APPROVAL:
IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific):
REVIEWED BY: /Z, rectl. X 96 F-3 31ZIII
N e and Title Telephone Number Date
District5; Roosevelt Community Plan
Attachments
Will Tackett
From: Alan James
Sent: Wednesday, March 02, 2011 2:29 PM
To: Will Tackett
Subject: North side of Kings Canyon Road west of Fowler Ave.
Importance: High
Will,
need to update my comments regarding vacating the portion of the north side of Kings Canyon Road
west of Fowler Ave. I just talked to Kuldeep Brar of Caltrans who said that Caltrans would have to
deed the portion back to the developer rather than vacate it. However they cannot do that because
the process to relinquish the area to the City has already started. So it appears that if the developer
wants to final the map by May they will have to change their plan to vacate the Kings Canyon portion.
Alan
i
The developer will need to apply to the City for a feasibility study for -the portions of East
Fancher Creek Drive and North Fowler Avenue both being a portion of that area
previously dedicated as an easement for public street purposes by that Deed of
Easement recorded August 3, 2007 as Document No. 2007-0148116, O.R.F.C.
As for the proposed vacation of a portion of East Kings Canyon Road granted to the
State of California by that Grant Deed recorded May 4, 2007 as Document No. 2007-
0089148, O.R.F.C. I checked with Caltrans to see if that part of Kings Canyon has been
relinquished to the City or not and received the following reply:
"That portion of Kings Canyon has not yet been relinquished. All of the paperwork has
been submitted but the California Transportation Commission doesn't meet until May.
The vacation would need to go through Caltrans or they could wait to submit."
I then asked who -the developer would need to contact at Caltrans and received the
following:
"Kuldeep Brar is the contact for Vacations and Relinquishments.
Her email address is Kuldeep_Brar@dot.ca.gov and her telephone number is
(559) 445-6573. A Vacation would also have to go before the CTC. I would
recommend that they wait."
I they do decide to wait for the relinquishment and vacate it all through the City. The
portion of Kings Canyon would be owned by us in fee and would need to be quitclaimed
or Grant Deeded to the adjacent property. It would be better for this to happen before
the lots are created.
The vacation process through the City now takes at least 12 weeks, not including the 6
weeks needed for the feasibility study.
3`1-lir
City of
PUBLIC WORKS DEPARTMENT
DATE: January 12, 2010
TO: WILL TACKETT, Planner III
Planning and Development Department
FROM: JOE PAFF, Senior Engineering Technician
Public Works Department
SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT NO. 5968
RELATING TO COMMUNITY FACILITIES MAINTENANCE DISTRICT
1 . The long term maintenance of the following items is the ultimate responsibility of the
owner/developer.
• Maintenance of all median island and round-a-bout landscaping and hardscaping
located within Kings Canyon Road, Fowler Avenue and Fancher Creek Drive
rights-of-way within or adjacent to the tentative map.
• Maintenance of all landscaping and hardscaping of the trails along Fowler Avenue
and Fancher Creek Drive within or adjacent to the tentative map.
• Maintenance of all Street Trees within Kings Canyon Road, Fowler Avenue and
Fancher Creek Drive rights-of-way within or adjacent to the tentative map.
2. These improvements may be maintained by a City Community Facilities Maintenance
District designed for maintaining features of Commercial, Industrial and/or Multi-Family
property. The process for placing the property into the District begins with the steps
outlined in the Formation/Annexation Request Form attached.
3, Should the City Council or developer/property owner choose not to include the
maintenance of the items listed in section 1 above in a CFD, the developer/property
owner shall provide for the maintenance of all of the above items in a manner approved
by the City of Fresno City Engineer.
If you have any questions, please call me at 621-8695
E-File
OMFfcQS OF
► !t..t��.3. �.1_il
PHONE(559)233.7161
FAX(559)233-8227
2907 SOUTH MAPLE AVENUE
-�
FRE SNO,CAL IFORNIA93725-2278
YOur MOst VaWaWa Pw-mm *-Vraler
February 25, 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. 5968, Fancher Creek Drive at Fowler Avenue
FID's Fancher Creek Canal No. 6
Dear Mr. Tackett:
The Fresno Irrigation District (FID) has reviewed the Vesting Tentative Tract Map No.
5968 application to divide 29.35 acres into a 39 lot commercial development located on
the northwest, northeast, southeast, and southwest comers of the intersection of East
Fancher Creek (Drive and North Fowler Avenues, APN 313-021-25 and 313-280-72, and
has the following comments and conditions:
1. FID does not own, operate, or maintain any facilities located within the limits of
the proposed development as indicated on the attached FID exhibit map.
2. FID is concerned that the proposed development may negatively impact local
groundwater supplies including those areas adjacent to or neighboring the
proposed development area. The area is currently undeveloped land and a
significant portion of its water supply is imported surface water, supplemented by
groundwater pumping. Under current circumstances the project area is
experiencing a modest but continuing groundwater overdraft. Should the
proposed development result in a conversion from imported surface water to
groundwater, this deficit will increase. FID recommends the City of Fresno
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 problem.
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 5968
February 25, 2010
Page 2 of 2
3. For informational purposes; FID's Fancher Creek Canal crosses Fowler Avenue
immediately north of the subject property as shown on the attached FID exhibit
map. Should any street improvements be required along Fancher Avenue and in
the vicinity of the pipeline crossing, FID requires it review and approval of all
plans.
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,
VA 4. M T
William R. Stretch, P.E.
Chief Engineer
Attachment
cc: Mr. Gary G. Giannetta - Applicant
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CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT
REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT,
AND ENTITLEMENT APPLICATION REVIEW OF
VESTING TENTATIVE TRACT MAP NO. 5968/UGM
JE in TT-7 v ]3 Return Completed Form to:
AN 2 ;1 1 Will Tackett, Planning Division
Fres; a n igation District Email: WiII.Tackett0fresno_gov
Telephone: 559-621-8063
HY r Planning & Development Department
2600 Fresno Street, Third Floor
Fresno CA 93721-3604
PROJECT DESCRIPTION AND LOCATION:
Vesting Tentative Tract Map No. 5968/UGM, filed by Gary G. Giannetta Civil Engineering & Land Surveying on
behalf of Fancher Creek Properties, LLC., pertains to approximately 23.13 net acres(29.35 gross acres)of property
located on the northwest, northeast,southeast,and southwest comers of the intersection of East Fancher Creek Drive
and North Fowler Avenue. Vesting Tentative Tract Map No.5968/UGM requests authorization to subdivide the subject
property for the purposes of a 39-lot commercial development. The property is zoned C-2/BA-15/UGM/cz(Community
Shopping Center DistricUBoulevard Area OverlayUrban Growth Management/with conditions of zoning)and is planned
for Community Commercial land uses.
APN: 313-021-25 & 313-280-72 ZONING: C-2/BA-15/UGM/cz ADDRESS: No Address Assigned
DATE ROUTED: January 22, 2010 COMMENT DEADLINE: February 23, 2010
!f 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.)
SU ,GES I-ION(S) TO REDUCE IMPACTS/ADDRESS CONCERNS:
REQUIRED CONDITIONS OF APPROVAL:
IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific):
REVIEWED BY:
Name and Title Telephone Number Date
Dislricl5; Ruosevelt Community Plan
Attachment,,
City of
DEPARTMENT OF PUBLIC UTILITIES
February 23, 2010
TO: Will Tackett, Planner III
Development Department, Planning Division
THROUGH: Robert Weakley, Chief of Operation s
Department of Public Utilities, Solid Waste Division
(�
FROM: Chris Weibert, Management Analyst lI
Department of Public Utilities, Administration
SUBJECT: TT 5968/UGM, Solid Waste Conditions of Approval
Location: Northwest, northeast, southeast, and southwest corners of the intersection of
East Fancher Creek Drive and North Fowler Avenue (APN 313-021-25 & 313-280-72)
The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting
Tentative Tract Map 5968/UGM that was submitted by Gary G. Giannetta Civil Engineering & Land
Surveying, on behalf of Fancher Creek, LLC.
Solid Waste requirements shall be addressed upon the submittal of future applications.
Conditions of Approval TT5968.doc
CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT
REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT,
AND ENTITLEMENT APPLICATION REVIEW OF
VESTING TENTATIVE TRACT MAP NO. 5968/UGM
Return Completed Form to:
Will Tackett, Planning Division
Building & Safety Services - Architect Email: Will.Tackett@fresno.gov
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. 5968/UGM, filed by Gary G. Giannetta Civil Engineering & Land Surveying on
behalf of Fancher Creek Properties, LLC., pertains to approximately 23.13 net acres (29.35 gross acres) of property
located on the northwest, northeast, southeast, and southwest corners of the intersection of East Fancher Creek Drive
and North Fowler Avenue. Vesting Tentative Tract Map No.5968/UGM requests authorization to subdivide the subject
property for the purposes of a 39-lot commercial development. The property is zoned C-2/BA-15/UGM/cz (Community
Shopping Center District/Boulevard Area OverlayUrban Growth Management/with conditions of zoning)and is planned
for Community Commercial land uses.
APN: 313-021-25 & 313-280-72 ZONING: C-2/BA-15/UGM/cz ADDRESS: No Address Assigned
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.)
SUGGESTION(S) TO REDUCE IMPACTS/ADDRESS CONCERNS:
REQUIRED CONDITIONS OF APPROVAL:
IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific):
REVIEWED BY: r
Name and Title Telephone Number Date
District5; Roosevelt Community Plan
Attachments:
Street Name Review
TM-5968 02/02/10
Street Name Status Required Change
East Laurel Avenue Good
East Fancher Creek Drive Good
East Huntington Avenue Good
East Kings Canyon Road Good
South Bundy Avenue Good
South Renn Avenue Good
North Fowler Avenue Good
North Whittier Avenue Good
Will Tackett
From: Christopher Preciado
Sent: Tuesday, February 09, 2010 5:39 PM
To: Will Tackett
Subject: RE:T-5967; T-5963; T-5968-FAX
Will,
FAX has no comments on T-5967 and T-5963
FAX has comments on T-5968:
Provide full transit amenities at the NWC of Kings Canyon and Fowler per P-88, P-73, and E-35
Thanks,
Christopher Preciado,Transit Planner II
City of Fresno
Department of Transportation
Planning Division
Fresno Area Express
559-621-1463
Christopher.Preciado@fresno.gov
From: Will Tackett
Sent: Thursday, February 04, 2010 4:51 PM
To: Christopher Preciado
Subject: RE: T-5967; T-5963; T-5968
Chris,
Please find the attached. My apologies, I thought that I had routed you these.
Please let me know if you need anything else.
Thanks,
Will
From: Christopher Preciado
Sent: Thursday, February 04, 2010 9:31 AM
To: Will Tackett
Subject: T-5967; T-5963; T-5968
Will,
I would like to review tracts before meetings, can you PDF me sites,or give me locations.
T-5967;T-5963;T-5968
Thanks,
Christopher Preciado,Transit Planner II
City of Fresno
Department of Transportation
Planning Division
1
CITY OF FRESNO
ADDENDUM TO ENVIRONMENTAL IMPACT REPORT
(EIR) NO. 10133
(As certified by the Fresno City Council on May 17, 2005
[Resolution No. 2005-183])
Addendum prepared in accordance with Section 15164 of the
California Environmental Quality Act (CEQA) Guidelines
Environmental Irripact Report No. 10133 ENVIRONMENTAL
is on file in the Development and Resource ASSESSMENT
Management Department, NUMBER:
Fresno City Hall, 3rd Floor
2600 Fresno Street
Fresno, California 93721 T-5968
(559) 621-8277
APPLICANT: PROJECT LOCATION:
Fancher Creek Properties, LLC. Assessor's Parcel Number(s): 313-021-25 & 313-280-72
8365 North Fresno Street, Suite 150 Northwest, northeast, southeast, and southwest corners of the
Fresno, CA 93720 intersection of East Fancher Creek Drive and North Fowler Avenue.
City and County of Fresno, State of California
Site Latitude: 36144'21.00" N and Longitude 119040'55.00"W
Mount Diablo Base & Meridian,
Township 14 S Range 21 E, Sections 3 & 4
PROJECT DESCRIPTION:
Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of Fancher Creek Properties, LLC., property
owner/subdivider, has filed Vesting Tentative Tract Map No. 5968/UGM pertaining to approximately 23.13 net acres (29.35
gross acres) of property (collectively, the "Subject Property) located on the northwest, northeast, southeast, and southwest
corners of the intersection of East Fancher Creek Drive and North Fowler Avenue; within the Fancher Creek Development
Project.
Vesting Tentative Tract Map No. T-5968/UGM proposes to: (1) Subdivide the subject property for the purposes of creating
a total of 39 commercial lots between the four corners of the respective street intersection; and, (2) Vacate portions of the
existing East Kings Canyon Road, North Fowler Avenue and East Fancher Creek Drive rights-of-way. The proposed
subdivision will facilitate future commercial development on the subject property. However, entitlement applications have
not been submitted for any respective portion of the subject property at the time of preparation of this addendum
(development applications and plans for any respective portion of the subject property will be required to be submitted to
the City of Fresno for review and approval prior to construction in accordance with the requirements of the Fresno
Municipal Code).
The subject property is currently zoned under the C-2/BA-15/UGM/cz (Community Shopping Center/Boulevard Area
Overlay/Urban Growth Managemenbwith conditions of zoning) zone district classification. The subject property is located
within the boundaries of the 2025 Fresno General Plan and Roosevelt Community Plan, which designate the subject
property for Community Commercial 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 C-2 (Community Shopping Center) zone district may be found to be consistent
with the Community Commercial planned land use designation.
On May 17, 2005 the Fresno City Council certified Final Environmental Impact Report (EIR) No. 10133 (SCH No.
2004021071)for the Fancher Creek Development Project through adoption of Resolution No. 2005-183. The EIR adopted
for the proposed project considered and evaluated the potential effects associated with the development of approximately
476 acres, specifically: 107 acres of M-1 (Light Manufacturing) zoned property; 211 acres of R-1 (Single Family
Residential) zoned property; 32 acres of R-2 (Low Density Multiple Family Residential) zoned property; 31 acres of C-2
(Community Shopping Center) zoned property, comprising the "Subject Property"; 43 acres of C-3 (Regional Shopping
Center) zoned property; and, an additional 52 acres of Regional Commercial planned area, which was included within the
EIR for cumulative analysis.
As the subdivision of the subject property, pursuant to Vesting Tentative Tract Map No. 5968/UGM, is proposed in order to
facilitate future development of the subject property consistent with the Community Commercial planned land use
designation and existing C-2 (Community Shopping Center District) zoning, it may be determined that: (1) Based upon the
density and intensity proposed, the project falls within the scope of Environmental Impact Report (EIR) No. 10133; (2) No
substantial changes are proposed in the project which require major revisions of the previous EIR due to the involvement
of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(3) No substantial changes will occur with respect to the circumstances under which the project is undertaken, which will
require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; and, (4) No new information, which was not known and
could not have been known, at the time the EIR No. 10133 was certified, has become available.
Therefore, the City of Fresno has determined that an addendum to Environmental Impact Report (EIR) No. 10133 is
appropriate given that none of the conditions described in Section 15162 of the Subdivision Map Act calling for preparation
of a subsequent EIR have occurred; and, new information added is only for the purposes of providing minor technical
changes or additions, in accordance with Section 15164 of the Subdivision Map Act.
Section 15162 provides that when an EIR has been certified for a project, no subsequent EIR shall be prepared
for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole
record, one or more of the following:
FINDINGS PURSUANT TO SECTION 15162 OF THE CEQA GUIDELINES.
(1) Substantial changes are proposed in the project which would require major revisions of the
previous EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
Finding The project consists of the proposed subdivision of approximately 23.13 net acres (29.35
(1): gross acres) of Community Commercial planned and zoned property into 39 lots; and, the
proposed vacation of portions of adjacent public street rights-of-way. Environmental Impact
Report (EIR) No. 10133 (SCH No. 2004021071), as certified by the Fresno City Council on
May 17, 2005, evaluated and assessed potential impacts related to the development of
approximately 31 acres of community commercial property at the subject location.
The proposed vacations of adjacent public street rights-of-way will not occur to an extent that
Will affect adjacent major street traffic volume capacity or installation of improvements
previously identified or required to mitigate potential effects. Furthermore, feasibility studies
for proposed vacations will assure that the proposed vacations do not interfere with public
easements and/or facilities. This finding is substantiated by the inclusion of project related
conditions of approval as stipulated within the Public Works Department, Traffic and
Engineering Services Division memorandum dated March 10, 2011.
Furthermore, as the proposed subdivision of the subject property is only intended to facilitate
future development of the subject property in a manner consistent with its planned land use
and existing zone district designation (as previously evaluated within the EIR), no substantial
changes are proposed from those previously evaluated which would require a major revision
and the proposed project will not involve new significant environmental effects or a
substantial increase in the severity of previously identified significant effects.
(2) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects; or,
Finding Substantial changes have not occurred with respect to the circumstances under which the
(2): project is undertaken, which will require major revisions to the previous EIR as a result of the
proposed subdivision of the subject property in accordance with Vesting Tentative Tract Map
No. 5968/UGM. Likewise, substantial changes have not occurred due to the proposed
vacation of respective portions of the public street rights-of-way.
As discussed by Finding #1 included herein above, the proposed project, comprised of the
proposed subdivision of private property and vacation of portions of public street rights-of-
way, does not constitute changes to the circumstances under which the project is undertaken
but rather is considered to be a typical and orderly progression for the transfer, division,
and/or inclusion of interests respective to the subject property. The establishment of multiple
lots of record may therefore be considered to be merely a mechanism necessary to facilitate
the type of development evaluated under the EIR for the subject property; and, will not result
in new significant impacts or increases in severity of previously identified significant effects.
The proposed vacations of adjacent portions of public street rights-of-way will be based upon
planned street improvements adjacent to the subject property, consistent and in accordance
with the requirements included within the Public Works Department, Traffic and Engineering
I Services Division memorandum dated March 10, 2011, which are incorporated within the
project conditions of approval.
Properties and improvements within the incorporated area of the City of Fresno, which are
located in the general vicinity of, and/or adjacent to, the subject property remain vacant; or,
have been subdivided and developed in accordance with the 2025 Fresno General Plan and
the project approvals obtained for the overall Fancher Creek Development Project.
Properties and improvements within the unincorporated area of the County of Fresno, which
are located in the general vicinity of, and/or adjacent to, the subject property either remain
vacant or continue to be utilized consistent with the planned land uses of the 2025 Fresno
General Plan; as when previously assessed and evaluated through the certification of EIR
No. 10133. Therefore, properties and improvements in the vicinity of the subject property
have not changed the contextual circumstances under which the project is undertaken which
will require major revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects.
(3) New information of substantial importance, which was not known and could not have been known
with the exercise of reasonable diligence at the time the previous EIR was certified as complete,
shows any of the following: (A) The project will have one or more significant effects not discussed
in the previous EIR; (B) Significant effects previously examined will be substantially more severe
than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible and would substantially reduce one or more significant effects of
the project; and, (D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR, would substantially reduce one or more significant effects on
the environment.
Finding No new information of substantial importance, which was not known and could not have
(3): been known with the exercise of reasonable diligence at the time the previous EIR was
certified as complete has become available.
Commentary and requirements received from responsible departments and agencies in
response to requests for comments respective to the proposed project have not revealed any
new information related to the potential of the proposed project to result in new significant
environmental effects; or, increase the severity of previously identified significant effects.
This finding is substantiated by the memoranda from commenting departments and agencies
incorporated as requirements within the conditions of approval for Vesting Tentative Tract
Map No. 5968; and, included herein by reference.
Environmental Impact Report (EIR) No. 10133 evaluated potenl:ial impacts of the Fancher
Creek Development Project from the perspective areas of land use, planning, agriculture,
traffic and circulation, air quality, geology and soils, biotic resources, noise, drainage, public
services, hydrology, aesthetics, and cultural resources in accordance with the provisions of
the California Environmental Quality Act (CQA) Guidelines in effect at the time of its
certification. As the proposed subdivision of the subject property is fully within the scope of
the Fancher Creek Development Project as evaluated by EIR No. 10133, any potential
impacts resultant thereof have also been evaluated under the EIR.
There have been recent changes in environmental legislation with respect to the evaluation
of irripacts from Greenhouse Gas Emissions (GHG's). Specifically, the recommend
Environmental Checklist Form incorporated within the CEQA Guidelines as Appendix "G",
provides that an evaluation respective to Greenhouse Gas Emissions should consider
whether the proposed project would: (a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on the environment; or, (b) Conflict with an
applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases. However, this is not considered new information the project will have
one or more significant effect(s) for the purposes of Section 15162 of the CEQA Guidelines.
This position is substantiated by the following:
The predominant current opinion within the scientific community is that global warming is
occurring, and that it is being caused and/or accelerated via generation of excess
"greenhouse gases" [GHGs]. It is believed that a combination of factors related to human
activities, such as deforestation and an increased emission of GHG into the atmosphere from
combustion and chemical emissions, is a primary cause of global climate change.
The predominant types of anthropogenic greenhouse gases (those caused by human
activity) are regulated by existing air quality policies and rules pursuant to their roles in ozone
and particulate matter formation and/or as potential toxic air contaminants.
EIR No. 10133 assessed potential impacts from the Fancher Creek Development project
related to air quality and determined that compliance with San Joaquin Valley Air District
rules for ground disturbing and construction activities will constitute sufficient mitigation to
reduce impacts to a level considered less-than-significant. Furthermore, EIR No. 10133
provided evidence and explanations in support of its findings that included reference to the
objectives and policies of Master Environmental Impact Report (MEIR) No. 10130 prepared
for the 2025 Fresno General Plan, which call for an increase in densities, mixed land uses
and a refocus on existing neighborhoods that will work to reduce the dependence on the
private automobile. These objectives and policies are consistent with the various measures
recommended to reduce global warming related impacts at the individual project level that
are recommended by the California Attorney General's Office.
Finding As these measures are essentially the same as those that would be applied with
(3 �4 consideration of the potential for increased emission of GHG into the atmosphere, it may
cont): concluded that analyses of potential ozone precursors and contributing factors to GHG
emissions adequately evaluated in the EIR; and, that compliance and implementation of
applicable SJVAPCD rules, regulations, and policies for reducing all forms of air pollution,
will inherently reduce levels of greenhouse gases along with other regulated air pollutants.
Furthermore, significant impacts on California's physical environment that could be caused
by global warming may include, an increase in the intensity and duration of heat waves, the
exacerbation of air quality problems, a reduction in the quality and supply of water to the
state from the Sierra snow pack, a rise in sea levels resulting in the displacement of
thousands of coastal businesses and residences, damage to marine ecosystems and the
natural environment, and an increase in the incidences of infectious diseases, asthma, and
other human health-related problems.
At this point in time, detailed analysis and conclusions as to the significance of greenhouse
gas emissions and strategies for mitigation are still not feasible, because the legislatively-
mandated greenhouse gas inventory benchmarking and the environmental analysis policy
formulation tasks of the California Environmental Protection Agency Air Resources Board
and the Governor's Office of Planning and research are not completed. The information
available does not support any conclusion that Vesting Tentative Tract Map No.
5968/UGM, or other City projects would have a significantly adverse impact on global
climate change. Similarly, there is insufficient information to conclude that global climate
change would have a significantly adverse impact upon the City of Fresno or specific
PP Wl " development projects.
Due to the lack of data or regulatory guidance that would indicate the proposed project had
a significant adverse impact upon global climate change, the relatively small size of the
Fancher Creek Project Area in conjunction with the worldwide scope of GHG emissions,
and the emphasis upon integrated urban design and air pollution control measures, it could
not be concluded at the time EIR No. 10133 was certified, nor at present that the proposed
project would have a significant adverse impact on global climate change; therefore, no
new information is available.
As determined herein above, the proposed subdivision of the subject property and the
proposed vacations of portions of adjacent public rights-of-way are only intended to
facilitate future development of the subject property in a manner consistent with its planned
land use and existing zone district designation (as previously evaluated within the EIR).
Furthermore, as no substantial changes respective to the circumstances under which the
agoproject is being undertaken have occurred, there is no potential for the project to yield new
information of substantial importance, which was not known and could not have been
known at the time the EIR was certified. Therefore, there is also no evidence that either:
(1) Mitigation measures or alternatives previously found not to be feasible would be
feasible and would reduce one or more significant effects due to the project; or, (2)
Mitigation measures or alternatives which are considerably different from those analyzed in
the previous EIR, and which would substantially reduce one or more significant effects on
the environment are applicable due to the project.
FINDINGS PURSUANT TO THE SUBDIVISION MAP ACT
(CALIFORNIA GOVERNMENT CODE SECTION 66400 ET. SEQ.)
The Subdivision Map 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 Roosevelt Community Plan.
Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the
2025 Fresno General Plan and Chapter 12, Article 10 (Subdivision Ordinance) of the
FMC, the subdivision design meets the zoning ordinance criteria for development in
the Community Commercial planned land use and C-2 (Community Shopping
Center) zone district designation.
2. This site is physically suitable for the proposed type and density of development,
because conditions of approval prepared will ensure adequate access and drainage
on and off the site; and, that development shall occur in accordance with adopted
standards, goals, objectives, and policies for development in the City of Fresno.
3. The proposed subdivision design and improvement is not likely to cause substantial
and considerable damage to the natural environment, including fish, wildlife or their
habitat, because all agricultural uses on the subject property have been discontinued
and the site is located within an area, which has been substantially graded and
prepped for developed with urban uses. 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.
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, which will permit alignment of structures in an east-west direction
for southern exposure.
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.
ADDENDUM PREPARED BY: SUBMITTED Y:
Will Tackett, Planner III
DATE: March 16, 2011 Mike Sanchez, Planning Manager
DEVELOPMENT & RESOURCE MANAGEMENT DEPARTMENT
Environmental Impact Report No. 10133
(SCH No. 2004021071 ), as certified on May 17, 2005,
is available on the City of Fresno, Development and
Resource Management Department website through the
March 16, 2011 Planning Commission Agenda.
Please follow the link below:
http://www.fresno.gov/Government/DepartmentDirectory/PIanningan
dDevelopment/Planning/PlanningCommissionldefault.htm