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Home My WebLink AboutT-5977 - Conditions of Approval - 8/10/2011 City of Ir�lC�r i�I1►�� Planning & Development Department 2600 Fresno Street*Third Floor John M. Dugan,AICP Fresno, California 93721-3604 Director (559) 621-8277 FAX (559) 498-1026 April 01, 2011 Please reply to: Will Tackett (559) 621-8063 Gary G. Giannetta Civil Engineering & Land Surveying 1119 "S" Street Fresno, CA 93721 SUBJECT: NOTICE OF APPROVAL OF REVISED VESTING TENTATIVE TRACT MAP NO. 5966/UGM AND REVISED CONDITIONAL USE PERMIT APPLICATION NO.C-09- 280 DATED MARCH 23, 2011; PROPOSING A 181-LOT SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT SUBDIVISION FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF EAST INTERNATIONAL AND NORTH CHESTNUT AVENUES. (APN: 578-010-14) The City of Fresno Planning Division has completed its review of the proposed subject vesting tentative tract map and associated conditional use permit revisions. Pursuant to Section 12-1005.2 of the Fresno Municipal Code, this letter is written to advise you that the Director of the Development and Resource Management Department has approved the proposed minor revisions as noted on Revised Vesting Tentative Tract Map No. 5966/UGM and Conditional Use Permit Application No. C-09-280 dated March 23, 2011;these changes have been deemed to be limited to changes which do not substantially alter the street pattern, lot configuration or overall design scheme The approved revised vesting tentative tract map and conditional use permit shall become, for all purposes, the approved tentative map and conditional use permit for the proposed planned development subdivision and the tentative map and conditional use permit exhibits which were originally approved shall be deemed withdrawn and shall no longer be of any force or effect for any purpose. The Conditions of Approval for Vesting Tentative Tract Map No. 5966/UGM and Conditional Use Permit Application No. C-09-280,dated February 17,2010(and previously revised on June 10,2010 and August 18, 2010), remain in effect with the following exceptions: 1. Revised Vesting Tentative Tract Map No. 5966/UGM dated March 23, 2011 is hereby approved subject to the attached revised Conditions of Approval dated April 01, 2011. 2. Revised Conditional Use Permit Application No. C-09-280 dated March 23, 2011 is hereby approved subject to the attached revised Conditions of Approval dated April 01, 2011. EXPIRATION: The approval or conditional approval of this revised vesting tentative tract map expires two years from the date of approval of the original tentative tract map on February 17,2010. The approval or conditional approval of the associated revised conditional use permit expires four Gary G. Giannetta Revised Vesting Tentative Tract Map No. 5966/UGM Revised Conditional Use Permit Application No. C-09-280 April 01, 2011 Page 2 years from the date of approval of the original conditional use permit on February 17, 2010. The approval of the subject revised vesting tentative tract map and associated revised conditional use permit shall not affect the anniversary date of the approved original tentative map and conditional use permit. The expiration shall terminate all proceedings and a Final Map(tract) may not be filed without first processing a new Tentative Map (tract). EXTENSION: Modification of a tentative tract 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 least thirty days before the expiration date of the map. The applicant must state the reasons for requesting the extension. New conditions may be imposed if an extension is granted. The exercise of rights granted by the special permit(C-09-280)is not eligible for extension;there is no exception. Discretionary extensions may not exceed an aggregate of six years. If you wish additional information, please contact the City of Fresno, Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Your inquiry should be directed to either Jon Bartel (engineering or improvements issues) or Will Tackett (planning or zoning issues). Sincerely, PLANNI DIVISION Will T ett, Planner III Plana and Development Department Enclosures: Revised Vesting Tentative Tract Map No. 5966/UGM dated March 23, 2011 Revised Exhibit "A" for Conditional Use Permit Application No. C-09-280 dated March 23, 2011 Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM dated April 01, 2011. Conditions of Approval for Revised Conditional Use Permit Application No.C-09-280 dated April 01, 2011. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REVISED CONDITIONS OF APPROVAL FEBRUARY 17 2010 JIUNE 10, 2010 AUGUST 18, 2010 APRIL 01 , 2011 REVISED VESTING TENTATIVE TRACT MAP NO. 5966/UGM "A PLANNED DEVELOPMENT" 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. 5966/UGM, the subdivider may prepare a Final Map in accordance with the approved tentative map, and Conditional Use Permit Application No. C-09-280. 2. An Air Impact Assessment (AIA) application for the proposed project shall have been submitted to the San Joaquin Valley Air Pollution Control District prior to the submittal/acceptance of any phase of the Final Map for recordation/processing. 3. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 4. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. Vesting Tentative Tract Map No. T-5966/UGM Febfe4,@Fy 17, 2910 deal 10 28 8 August-48,20-10 April 01, 2011 Page 2 of 15 5. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 6. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 7. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 8. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 10. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 11. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. GENERAL INFORMATION 12. The Phillips No. 158 private canal traverses the subject property and is proposed to be undergrounded within a 24-inch pipeline located within the boundaries of proposed Lots 1-14, 157, 158, 178-182 & Outlots "A" & "B" of Revised Vesting Tentative Tract Map No. 5966/UGM dated Febr-QaFy 17, 2910 0311 220010 august 10 2 March 23. 2011. Revised Vesting Tentative Tract Map No. T-59661UGM FebFyaFy �z04-0 ►940-,204 9 Augus"8,20-W Apri101 22011 Page 3 of 15 a) A note shall be included on the Final Map acknowledging the proposed 24-inch private irrigation pipeline with reference on the map to its location. b) The subdivider shall be required to pipe and relocate the canal outside of public street rights-of-way, and provide the easements necessary to accommodate the pipeline prior to final map approval. i) In lieu of the above requirement, the subdivider shall provide acceptable evidence that all downstream users of the canal have relinquished their rights to its use. c) The subdivider/developer shall provide formal notice to all owners and prospective property owners of the presence and location of the proposed 24-inch private irrigation pipeline on the above referenced lots of Revised Vesting Tentative Tract Map No. 5966/UGM dated Pebryary 17, 2010 June-A ;2049- .August-10, 2010 Marci7 21 ?011; and, enter into legal agreements as appropriate with owners for the retention and future maintenance of said pipeline. i) A copy of such formal notice and typical legal agreement shall be submitted to the Planning and Development Department for City Records prior to first occupancy. 13. 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. 14. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 15. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. Vesting Tentative Tract Map No. T-59661UGM Febreary4-7-,-284-8 J44 e--1.9;-29-1-9 August-18 20-10 April 01, ?011 Page 4 of 15 16. 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. 17. 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. 18. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 19. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 20. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 21. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 22. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any 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 Vesting Tentative Tract Map No. T-5966/UGM Februupy 17, 294-9 June 1-9; 2019 August-1 9-10 April 01, 2011 Page 5 of 15 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 23. As a proposed "Planned Development" subdivision, approval of Vesting Tentative Tract Map No. 5966/UGM is contingent upon approval of Conditional Use Permit Application No. C-09-280; authorizing the planned development of the subject property. 24. The subject property is zoned R-1/UGM (Single Family Residential DistricbUrban Growth Management). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the R-1 (Single Family Residential) zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-09-280. 25. Pursuant to Section 12-1011(f)(3) of the FMC, double frontage lots which abut two approximately parallel streets and have a depth of less than 240 feet shall not be approved except where access rights to one of the streets have been relinquished. a) Relinquish direct vehicular access rights to East International and North Chestnut Avenues from all residential lots within this subdivision. Lot Area and Dimensions 26. Pursuant to Section 12-306-N-21 of the FMC the Director of the Planning and Development Department or the Planning Commission may modify the property development standards of the underlying zone district if determined that the proposed development conforms to the provisions of the abovementioned section. However, in no case shall proposed parcels be less than the following minimum standards: a) Proposed lots shall be configured and dimensioned in accordance with Revised Vesting Tentative Tract Map No. 5966/UGM dated Sane 8849 August 1Q March 23, 2011. Building Setbacks 27. Building setbacks shall be provided in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-09-280 dated Pebirwary 4 7, 2010 june 10, 204-9 ougus! tai !March 23, 2011 and Exhibit "A" of Conditional Use Permit Application No. C-09-280 dated jURe 83, 2849 August 10. 2-940 March 23, 2011, with the following exceptions: a) On a reversed corner lot, the side yard abutting the street shall be not less than 13 feet (i.e. Lots 484 100, 444 113 & 44ra 115 of Revised Vesting Tentative Tract Map No. 5966/UGM dated juRe 93,2010 August 19, March 23, 2011. Vesting Tentative Tract Map No. T-5966/UGM a�y-a-X29-19 a�f►e--1-X29-1-9 I�EF�lisF-��;�Q1 a April 01, 2011 Page 6 of 15 b) For a key lot, as defined in Subsection 12-1002.1(k), the side yard main building setback shall be 10 feet. For exceptions for the main building side yards, Subsection 12-306-E-4 of the Fresno Municipal Code shall apply. c) No portion of any main building constructed on any lot proposed to be created by Vesting Tentative Tract Map No. 5966/UGM shall be located within 10 feet of the proposed 24-inch private irrigation pipeline for the Phillips No. 158 canal. Fences, Hedges &Walls 28. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required landscaped areas along East International and North Chestnut Avenues. a) The required six-foot high solid masonry wall shall be continued (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required landscaped areas on the local street sides of the proposed lots abutting the entry street to the subdivision from East International and North Chestnut Avenues. b) The required six-foot high solid masonry wall shall be continued (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code along the side property lines of proposed Outlots "A" & "B" of Revised Vesting Tentative Tract Map No. 5966/UGM dated P81bFwaFy 17, 2010 JuRe 03, 2010 Aufftcs40—. 2040 March ?3, 2011; but, shall not exceed a height of three feet within the area defined by the front yard setback area of abutting property. i) The limits and height of the required solid masonry wall adjacent to proposed outlots shall be depicted on the landscape improvement plans, which are to be submitted to the Planning and Development Department for review and approval prior to Final Map approval. 29. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 30. Fences, hedges, and walls, not greater than six feet in height, shall be permitted on all rear and side property lines and on or to the rear of all front yard setback lines with the following exceptions: a) In that triangular area of a reversed corner lot (i.e. Lots 404 100, 444 113 & 4445 115 of Revised Vesting Tentative Tract Map No. 5966/UGM dated FebFuary 17,z2910 AuW&f-1-G, -204G March 23, 2011) where the rear and street side property lines meet. Said area is determined by measuring from that intersection along both the rear and street-side property lines, a distance equal to the front yard setback distance of the abutting property, then connecting those points, thereby forming, that triangle. i) No fence, hedge or wall over three feet in height shall be permitted in the excepted triangular area defined above. Revised Vesting Tentative Tract Map No. T-5966/UGM €819FUaFY 4 7, 2019 24=-9 August-1&-2910 April 01, 201 I Page 7 of 15 b) Within the "Corner Cut-Off Areas" as defined by, and in accordance with, Section 12- 306-H-3 of the Fresno Municipal Code. c) Fences, hedges, and walls shall be located to the rear of pedestrian and planting easements/landscaped areas located at the end of interior blocks as required herein below. 31. Provide a corner cut-off area at all entryway intersections, where walls or fences are required, in accordance with Section 12-306-H-3-d of the FMC. • NOTE: Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. a) The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. 32. All landscaping adjacent to walls or fences shall comply with the City of Fresno "Anti- Graffiti Landscaped Buffer Development and Planting Standards." LANDSCAPING AND OPEN SPACE 33. In accordance with Policy No. 3-4.2 of the Woodward Park Community Plan and Section 12-1011(f)(3), the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system) along the East International Avenue frontage of all lots proposed to be created within the boundary of this map. (i.e., south property line of Lots 49-53 & 443 142-157 of Revised Vesting Tentative Tract Map No. 5966/UGM dated F=ebFyaFy 17, 2-040 010 August 1n 2 March 23, 2011). 34. In accordance with Policy No. 3-4.2 of the Woodward Park Community Plan and Section 12-1011(f)(3), the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system along the North Chestnut Avenue frontage of all lots proposed to be created within the boundary of this map (i.e., east property line of Lots 1-9, 157, 158 & 178-182 of revised Vesting Tentative Tract Map No. 5966/UGM dated €ebFaaF-17, 294-0 dune-03 2010 A6gust-40, 2010 March 23, 201 ). • NOTE: Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be utilized for public open space purposes in accordance with the requirements stipulated below. 35. Two to five percent (2%-5%) of the site (less major street dedications) should consist of common passive/active open space in accordance with: the City of Fresno Proposed Guidelines for Landscape Open Space and Pedestrian Walkway Requirements for Residential Development; the revised Conditions of Approval for Conditional Use Permit Application No. C-09-280 dated FebryaFy17, 200JURE) 10,2 Awg 6t 182n�n March 23, 2011; and, the following: Revised Vesting Tentative Tract Map No. T-5966/UGM February ,,�019 4une-4 , 280 9 August-48,2040 April 01, 2011 Page 8 of 15 a) Landscaped pedestrian connections/walkways shall be provided for all subdivisions in order to promote "walkability", link neighborhoods and to provide residents the opportunity to reach destinations, including (but not limited to) residences, bus stops, trails, parks (including mini, neighborhood, community, regional parks, etc.), schools, shopping centers, other subdivisions, etc. i) Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be dedicated for public open space purposes and shall be utilized for pedestrian connectivity. ii) All proposed landscaped pedestrian connections, entryways, and pathways shall be improved in accordance with the approved landscape improvement plans, which are to be submitted to the Planning and Development Department for review and approval prior to Final Map approval. • NOTE: Lighting details shall be provided with the submittal of the landscape improvement plans. iii) Maintenance of Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be provided pursuant to the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. • NOTE: Neither Outlot "A" or "B" of Vesting Tentative Tract Map No. 5966/UGM qualify as eligible for fee credit against the City's Parkland Dedication/In-Lieu Fee (Quimby Act) and/or Park Facilities Fee. b) Major street entryways should contain enhanced landscaping (and irrigation systems), surface materials, and fencing/wall treatments that respectively improve and better define a project's visual image and character. i) The subdivider shall provide a minimum 10-foot wide landscaped area on both sides of the principal proposed entryways into the subdivision from East International and North Chestnut Avenues. • NOTE: The landscaped area shall extend to the front yard setback of the abutting residential lot. c) Provide a minimum eight-foot wide landscaped strip in the form of a pedestrian and planting easement at the end of all interior blocks; and, along the street side yards of Lots 4-94 100, 444 113 & 446 115 of -vlsed Vesting Tentative Tract Map No. 5966 dated Fcrt►aF}-T7, 2849 jURG 03, 20111 a,,,,,,S► 10, �n1 ;,larch 23, 201 �. n i) All "end-block" landscape treatments shall be maintained in accordance with the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 36. Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards," shall be required adjacent to all required walls or Revised Vesting Tentative Tract Map No. T-5966/UGM €ebruaFy 1 -2918 dupe 10,244-0 Aagas448,20 G April 01, 2011 Page 9 of 15 fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 37. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscape easements as determined by the Planning and Development Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or, one tree per home (whichever is greater) by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, Water Efficient Landscape Standards and AB 1881 Model Water Efficient Landscape Ordinance. 38. Comply with all of the: (1) Street Tree; (2) Buffer Landscape & Maintenance; (3) Median Island Landscape; and, (4) Outlot requirements stipulated within the Department of Public Works memorandum from the Parks Supervisor dated January 11, 2010. STREETS AND RIGHTS-OF-WAY 36. 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. 37. Comply with all of the requirements of the Public Works Department, Engineering Division memorandums dated February 02nd and February 06"', 2010. • NOTE: For the purposes of this project, where any discrepancy may exist between the two memoranda referenced above the memorandum from the Traffic Engineering Manager dated February 06`h shall take precedence. SANITARY SEWER SERVICE The nearest sanitary sewer mains to serve the proposed project are a 10-inch main located in North Chestnut Avenue, an 8-inch sewer main located in East International Avenue, and an 8- inch main located in East Prestwick Avenue. Sanitary sewer facilities will be available to provide service to the tract subject to the following requirements: 38. Comply with all of the requirements of the attached Public Utilities Department, Planning and Engineering Division memorandum dated January 12, 2010. WATER SERVICE The following conditions are required to provide water service to the tract: 39. Comply with all of the requirements of the attached Department of Public Utilities, Water Division memorandum dated February 12, 2010. SOLID WASTE SERVICE Revised Vesting Tentative Tract Map No. T--5966/UGM FebFu@FnT, 2040 d 144 244} August4s-Xa a April 01, 2011 Page 10 of 15 This tract will be serviced as Single Family Residential Properties with Basic Container Service, subject to the following conditions: 40. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated February 11, 2010. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 41. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated January 13, 2010. FLOOD CONTROL AND DRAINAGE 42. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Planning and Development Department dated February 17, 2010. COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH 43. Comply with all of the requirements of the attached County of Fresno Department of Community Health memorandum dated January 21, 2010. FRESNO AREA EXPRESS (FAX) 44. Provide for an 80-foot "far-side" bus bay and 60-foot transition per City of Fresno Standard P-73. 45. Provide a reinforced 6-inch concrete pad under shelter in accordance with City of Fresno Standard P-88. 46. The depth of the bus bay, currently shown at 8 feet, to be reviewed and approved by the Department of Public Works, Traffic Engineering Division (reference Traffic Engineering memorandum dated February 02, 2010). FRESNO IRRIGATION DISTRICT 47. Attached for the developer/subdivider's records and consideration is the memorandum from Fresno Irrigation District dated February 02, 2010. CLOVIS UNIFIED SCHOOL DISTRICT 48. The developer/subdivider shall comply with all of the requirements of the attached Clovis Unified School District memorandum dated January 20, 2010. RIGHT-OF-WAY ACQUISITION Vesting Tentative Tract Map No. T-5966/UGM F=eb+ar" 17, 2010 June-=10,204-0 Augus�-14, 2040 'S-iril ), 'an i I Page 11 of 15 49. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 50. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed desigri information. 51. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 52. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 53. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of 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 54. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for maintenance of such items. a) Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street right-of-ways (includes parkways and one-half of median islands in major streets), landscape easements, trails and outlots associated with the subdivision. All outlots shall be dedicated to the City of Fresno for maintenance purposes and any related work required. • 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) Maintenance of sidewalks and street furniture as approved by the Public Works Department within the street right-of-way and the landscape easements associated with the subdivision. Revised Vesting Tentative Tract Map No. T-5966/UGM F=ebFU@FY 17, 2040 J4FY 940-20-1-0 Augus4-1 X20-10 April 01, 2011 Page 12 of 15 c) Maintenance of all landscape and irrigation systems on sides and in medians, decorative concrete and pilasters included as entry treatments to the tract. d) Maintenance of all local street curbs, gutters and sidewalks, and median islands as approved by the Public Works Department within the boundary of the tentative map. e) Maintenance and operating costs of all local street lights as approved by the Public Works Department within the boundary of the tentative map. f) Maintenance of all street trees as approved by the Public Works Department within the boundary of the tentative map. 51. If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. a) Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (http:t/www.fresno.gov) under the Public Works Department Developer Doorway. 52. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. This shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. 53. 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. 54. 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. 55. Should the City Council or owner/developer choose not to include the maintenance items listed above in a CFD, then the property owner/developer shall create a homeowners' association for the maintenance of these items and proposed private streets, utilities, and walls/gates. a) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the Fresno Municipal Code. The agreement with the City described herein, shall among other things, specify level of effort and frequency, Revised Vesting Tentative Tract Map No. T-5966/UGM Pr -X204(4 2 I August—T8-,--204Q April 01, 2011 Page 13 of 15 insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met, then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985, DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: • 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 [2] $344.00/living unit Service Area: Herndon d. Wastewater Facilities Charge [3] $2,119.00/living unit e. Herndon Trunk Sewer Capacity Enhancement [2] $893.00/living unit f. Copper Avenue Sewer Lift Station Charge [4] N/A g. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE h. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule Revised Vesting Tentative Tract Map No. T-5966/UGM F-e�'aF, 1. , 2010 daRe 10 29-18 Augu4420-10 April 01, 2011 Page 14 of 15 i. Frontage Charge [4] $6.50/lineal foot j. Transmission Grid Main Charge [4] $643.00/gross acre (parcels 5 gross acres or more) k. Transmission Grid Main Bond Debt Service Charge [4] $243.00/gross acre (parcels 5 gross acres or more) I. UGM Water Supply Fee [2] $456.00/living unit Service Area: 101-S m. Well Head Treatment Fee [2] $0.00/living unit Service Area: 101 n. Recharge Fee [2] $0.00/living unit Service Area: 101 o. 1994 Bond Debt Service [4] $895.00/living unit Service Area: 101 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE p. Fire Facilities Impact Fee — Citywide [4] $539.00/living unit q. Park Facility Impact Fee— Citywide [4] $2278.00/living unit r. Quimby Parkland Dedication Fee [2] $1120.00/living unit s. Citywide Regional Street Impact Fee [4] $8,361.00/adj. acre t. New Growth Area Major Street Fee [4] $18,790.00/adj. acre u. Police Facilities Impact Fee— Citywide [4] $624.00/living unit v. Traffic Signal Charge [4] $450.94/living unit Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 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. ['I] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. Revised Vesting Tentative Tract Map No. T-5966/UGM F-ebFwaF„ 17, 291G June X010 Aegus�-18-,--20-10 April 01, 2011 Page 15 of 15 [3] Due at Building Permit. [4] Due at Certificate of Occupancy. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REVISED CONDITIONS OF APPROVAL rtUAR -1-7 '21110 d-d-A!•E �n ��n�n A April 01, 2011 CONDITIONAL USE PERMIT APPLICATION NO. C-09-280 "A PLANNED DEVELOPMENT" Mr)PTWVAlFCT rnDMr-P ng:TNG 1K1TFRC9=r•T10Ki ni: FACT IIJT9=PMAT1nAIA1 AMM Nr)PTN PART A- PROJECT INFORMATION 1. Assessor's Parcel No(s): 578-010-14 2. Street Location: Located on the northwest corner of the intersection of East International and North Chestnut Avenues. (Council District 6, Councilmember Brand) 3. Existing Zoning "R-1-UGM" (Single Family Residential/Urban Growth Management) zone district. 4. Proposed Zoning "R-1-UGM" (Single Family Residential/Urban Growth Management) zone district. 5. Planned Land Use: Medium-Low Density Residential (2.19-6.00 dwelling units/acre) 6. Plan Areas: Woodward Park Community Plan 7. Project Description: Requests authorization to establish a public street planned development with modified property development standards for lots proposed to be created by Revises!Vesting Tentative Tract Map No. 5966/UGM. PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on February 17, 2010, approved the special permit application subject to the enclosed list of conditions and Exhibit(s) "A," "E" & "L" dated February 17, 2010. ibit:rP & 4=" dated FebruaFy 17, 2010; and, Revi6ed Exhibit "A" dated jHRe 03, 2040. r t6 Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 Fems py 17, 2010 �FIRB-Tn�-zvTv August-18`201$ March 23, 2011 Page 2 of 14 &1 "" rknF�_'�ru , 17 20499 and Revised-&x-hib+t-A-dats4-A'riycr F.s 10,,-29i0.. • NOTE: The Planning and Development Director, on April 01, 2011, approved the revised special permit application subject to the enclosed list of conditions, Exhibits"E" `L" dated February 17, 2010; and, Revised Exhibit°A"dated March 23, 2011. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval may be appealed. All code requirements, however,are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed either verbally or in writing to the City of Fresno Planning Commission at the scheduled public hearing regarding Conditional Use Permit Application No.C-09-280 and Vesting Tentative Tract Map No. T-5966/UGM. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative,architect, engineer,or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures,signs and their uses, trees,walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit,the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17 2018 fit&49,2048 AuguSr9, 2910 March 23, 2011 Page 3 of 14 the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note on the site plan.) No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on the original site plan exhibit to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by February 17, 2014(four years from the date of Director approval). There is no exception. To complete the back-check process for building permit relative to planning and zoning issues, submit copies of this corrected, final site plan, together with copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please contact Will Tackett at (559) 621-8063 or via e-mail at Will.Tackett@fresno.gov to schedule an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees,dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS Revises! Conditions of Approval Conditional Use Permit Application No. C-09-280 F e b F F, 17 20-1-8 die-4;-204-9 A4gust-1 $41.0 March 23, 2011 Page 4 of 14 The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relating to dedications,street improvements or off-street parking geometrics may be directed to Louise Gilio at (559) 621-8678 / Louise.Gllio(a)_fresno.go of the City of Fresno Public Works Department, Engineering Division, Traffic Section. 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs,fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights-of-way. b) Provide and identify a minimum four(4)foot wide path of travel along the sidewalk directly in front of all properties created within the subdivision as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements cannot be met within the existing public right-of-way. c) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub-surface private structures and appurtenances extending within the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to issuance of building permits. d) DEDICATIONS. The following dedication requirements must be satisfied rior to the issuance of building permits: • Dedications shall take place in accordance with the Conditions of Approval of Vesting Tentative Tract Map No. 5966/UGM dated February 17, ()1() T20 0 August-� ,March 23, 201 I. e) VACATIONS. The following vacation requirements must be satisfied prior to issuance of building permits: • There are no vacations required at this time. 2. STREET IMPROVEMENTS a) All public improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 Fep 17, 201 9 clURe 19,2$1-0 Auqust !8, 2010 March 23, 2011 Page 5 of 14 street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way(including pedestrian,water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division at (559) 621-8693, prior to commencement of the work. Contact the Public Works Department, Engineering Services Section at(559)621-8686 for detailed information. All required street irnprovemerts must be completed and accepted by the City 2dor to occupancy. b) Existing off-site concrete improvements to remain in place shall be repaired if damaged and/or off grade as determined by the Public Works Department, Construction Management Division (559) 621-5500. Such repairs must be completedrp for to final occupancy. c) Design and construct curb, gutter, AC paving, and residential sidewalk patterns to Public Works standards, specifications, and policies. Plans shall be prepared by a registered Civil Engineer. • NOTE: Reference Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM, dated FebFuaFy 17, 2010 june 10,L2949 Augu44f8-2M Mirch 23, 2011, for requirements respective to major and interior local public streets. d) Provide curb ramps at all corners within the limits of this subdivision. e) Install streetlights on all frontages to City Standards as determined by the City Traffic Engineer. Street lighting plans are required and must be approved by the Public Works Department/Engineering Services prior to commencement of the work. f) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. g) Provide parkway landscaping. Street trees shall be planted every 60 feet on center. Plans shall be prepared by a landscape architect. h) Submit four copies of a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. i) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559)621-8682, for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. 3. SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 Februap1 T2-9- JuF+e4O7 2.9- aur+e49,2019 + 'l Auq4csz�r. 1 March 23, 2011 Page 6 of 14 shall be reset by a person licensed to practice Land Surveying in the State of California. (Include this note on the site plan.) PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) "R-1," Single Family Residential District(Section 12-211 of the FMC) ii) "UGM," Urban Growth Management (Article 4.5 of the FMC) iii) 2025 Fresno General Plan iv) Woodward Park Community Plan 2) ZONING a) Approval of Conditional Use Permit Application No. C-09-280 is contingent upon approval of Vesting Tentative Tract Map No. 5966/UGM. 3) LOT DIMENSIONS a) uaE d,rr+en;ior+s shall be provided in accordance with the requirements of the R-1(Single Family Residential) zone district except as may be modified pursuant to Revised Vesting Tentative Tract Map No. 5966/UGM and Exhibit"A"of Conditional Use Permit Application No. C-09-280 dated March 23, 2011. 4) POPULATION DENSITY a) Pursuant to the medium-low density residential planned land use designation for the subject property; the subject property shall be developed in accordance with Devised Vesting Tentative Tract Map No. 5966/UGM dated F-e 17, 28 041R8 03, 2010 ugustc�vr10, 2010 March 23, , and Revised Exhibit"A"of Conditional Use Permit Application No.C-09-280 dated Jape 03;-2019 Auga6t 10, 2 March 23, 2011. i) Based upon the number of dwelling units(du)allowed per acre, respective to the medium- low density residential planned land use designation,the subject property is required to be developed with between 2.19-6.00 du/acre to meet the density requirements of the 2025 Fresno General Plan and FMC. • NOTE: Pursuant to Vesting Tentative Tract Map No. 5966/UGM and Conditional Use Permit Application No. C-09-280, the subject property is proposed to be developed at an overall density of approximately 5.09 du/acre. ii) A subsequent entitlement will be required in order to revise the current development Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 Febey 1:7,204-0 JuRe 19, 204-9 A t-1-8-20-1-0 March 23, 2011 Page 7 of 14 proposal or authorize an alternative development scheme for the subject property. Further environmental review may also be required for any future revisions dependent upon the level of intensification that may be proposed. 5) BUILDING HEIGHT a) No building or structure erected in the R-1 (Single Family Residential)zone district shall have a height greater 35 feet. b) All accessory buildings on the subject property, or lots proposed to be created by Revised Vesting Tentative Tract Map No. 5966/UGM dated FmebFuary 17, 2810 du44e 8a-,-2040 August 1O;-204 A March 23,2011 shall comply with the requirements and provisions of the development standards of the FMC for the R-1 zone district and are subject to the provisions of Section 12- 306-N-1 (Accessory Buildings)of the FMC. • NOTE: Exceptions. Over height structures may be approved by the City of Fresno Planning Commission or Director of the Planning and Development Department. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. 6) BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS Setbacks shall be provided in accordance with Exhibit "A" of Conditional Use Permit Application No. C-09-280 and the Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM dated Jupie 40,201 a flugust 1A 2n,n March 23, 2011. a) Any proposed deviation from the building setbacks established by Exhibit "A" of Conditional Use Permit Application No. C-09-280 requires a revision to Conditional Use Permit Application No. C-09-280. b) Spaces between buildings shall be provided in accordance with the approved building setbacks and building envelopes for individual properties respective to Exhibit"A"of Conditional Use Permit Application No. C-09-280 and the Conditions of Approval for ?evisec Vesting Tentative Tract Map No. 5966/UGM dated ��9- R�O40 i'vlarch 23, 2011. c) Proposed structures are required to be found in compliance with the fire resistive standards of the Uniformed Building Code. In the event structures do not comply they must be modified so as to meet the requirement. 7) LOT COVERAGE a) Lot coverage shall be permitted in accordance with the approved building setbacks and building envelopes for individual properties respective to Exhibit"A"of Conditional Use Permit Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 FebFuaFy-17, 20-10 i H R ecr-10, 204-9 August 19, 24*0 March 23, 2011 Page 8 of 14 Application No. C-09-280 and the Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM dated F-ebruaFy 17, 2019 JURE)4)7404-9 August 18 2 March 23,2011. 8) OPEN SPACES AND LANDSCAPING The subdivider shall provide and maintain all landscaping (and irrigation systems) in accordance with the Conditions of Approval of -sevisr. Vesting Tentative Tract Map No. 5966/UGM dated Eebrear}-17, 2949 JuRa-1.8;2819 ..ugust 18,2 , ; , and the following: a) A landscape plan shall be submitted and approved for all open space and recreational areas within the development. • NOTE: Open space areas shall be landscaped by the developer in accordance with the approved plan and shall thereafter be maintained by the property owner/subdivider; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. b) All yards (including private) and areas designated for open space purposes shall be landscaped and maintained in accordance with Sections 12-306-N-24 of the FMC. i) All yards and landscaped areas located adjacent to street frontage shall be provided automatic irrigation systems. c) All yards (including private)and areas designated open space purposes shall comply with the water efficient landscape standards in accordance with Section 12-306-N-23 of the FMC. d) Landscaping adjacent to walls or fences accessible to the public shall comply with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards." e) Provide a minimum of 364 medium sized trees on-site per FMC Section 12-306-N-24-g and in accordance with the following: i) Provide a minimum of one medium size tree for each required parking space, plus one medium sized tree for each residential unit. • NOTE: One medium size tree is defined as attaining a height of 30-60 feet at maturity. Two small size trees, up to 30 feet high at maturity may be substituted for one medium size tree. f) No building permit shall be issued for any development for which a special permit has been issued until the requirements for street trees as provided in Article 3 of Chapter 11 of the FMC have been met and street tree inspection fees paid pursuant to the Master Fee Schedule. i) Fresno Municipal Code requires one (1) street tree per 60 linear feet of public street Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 €ebrHaF1T-20�9 ,U►e 0,291-9 August 18 2010 March 23, 2011 Page 9 of 14 frontage. • NOTE: The Department of Public Works may approve a request for waiver of street tree requirements if the applicant agrees to plant a minimum of one (1)tree (of similar type and size) for every 60 linear feet of street frontage on private property within ten feet of the back of the sidewalk. • NOTE: An approved landscape plan, properly scaled and dimensioned, shall serve as a street tree planting permit for on-site trees not in the public right of way. A copy of this plan shall be kept at the job site at all times. g) Street trees shall be planted by the property owner and shall be inspected by the City pursuant to the payment of street tree inspection fees. The property owner is required to provide and irrigation system with ongoing water supply. h) One drainage hole, a minimum diameter of two (2) feet, shall be drilled for each tree to be planted. The depth of the drainage hole shall be determined as follows: i) Hole must penetrate through and beyond any underlying paving material or hardpan soil stratum. ii) Hole shall be drilled to a depth where visual evidence of the subsurface sand or gravel drainage is apparent. iii) If there is no apparent drainage stratum, the drainage hole shall be drilled a minimum of ten (10)feet deep. i) The backfilling of drainage holes shall comply with the Standard Specifications or as determined by the engineer. j) Complete a minimum waiting period of 20 days after drilling before any planting can begin. k) Call(559)621-5600 to notify the Public Works Department Construction Management Division 72 hours prior to tree hole drilling/tree planting in the public right-of-way, in order to verify tree locations, to obtain inspection of drilling operations, and to check backfilling procedures and safety barriers. 1) All planting, irrigation and related work shall comply with the City of Fresno Public Works Department Standard Specifications, Section 25 and 26. m) All landscaping and related work to be performed within the city right-of-way shall be done by a qualified contractor and requires a street encroachment permit from the Public Works Department prior to commencement. Call (559) 621-8685 for information on encroachment permits and required insurance and bonding. Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 F-e-bru@ Fy 17, 2010 juRe 40, 294-0 August 19, March 23, 2011 Page 10 of 14 n) Trees shall be maintained in good health. Trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety;or as may otherwise be approved by the Planning and Development Department. (Include this note on the site plan and landscape plan.) o) All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight, or disease, and any such vegetation which shows signs of such damage or injury at any time shall be replaced by the same, similar, or substitute vegetation of a size, form, and character, which will be comparable at full growth. p) Landscaping shall be kept free from weeds and undesirable grasses. q) Submit copies of landscaping and irrigation plans prepared by a landscape professional, showing the number and types of trees, to the Planning Division. These plans must be reviewed and approved prior to obtaining building permits. r) Landscaping must be in place before issuance of the certificate of occupancy for each individual dwelling. i) A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Planning Division. (Include this note on the site and landscape plans.) • NOTE: The hold on occupancy may be released at the discretion of the Planning and Development Department to subjectively accommodate inappropriate planting conditions, which are outside of the control of the developer/subdivider(e.g. weather conditions which may be prohibitive to planting in a timely and appropriate manner, etc.). • NOTE: The use of utilities for temporary occupancy may be allowed by the Building Official pursuant to FMC Section 13-100.110.1.2 et seq. s) Prior to granting of final occupancy, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division. (Include this note on the site and landscape plans.) 9) FENCES, HEDGES, AND WALLS Fences, hedges and walls shall be provided in accordance with the Conditions of Approval of Revised Vesting Tentative Tract Map No. 5966/UGM dated Febru@Fy 17, 2010 August 19T040- March 23, 201 ` and the following: Reviseu Conditions of Approval Conditional Use Permit Application No. C-09-280 X17,201-0 dune 10, 241-0 August: 19,2010 March 23, 2011 Page 11 of 14 a) All fences, hedges and walls shall conform to the provisions of Section 12-306-H of the FMC except as may be modified herein. b) Clearly depict any proposed/existing fences, hedges and walls on Exhibits "A" of Conditional Use Permit Application No. C-09-280. Note that all proposed/existing fences, hedges and walls must comply with all policies, ordinances, regulations, etc. of the City of Fresno, Planning and Development Department. c) Only those fences, hedges and walls as shown on the site plan shall be reviewed for approval. d) Submit a rendering depicting the fence, hedge or wall height, material, location etc. for review and approval. e) All future proposed fences, hedges and walls, etc. shall be reviewed and approved prior to installation by the City of Fresno, Planning and Development Department. (Include this note on the site plan.) f) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard, which may occur as a result of improper fence installation or damage to the fence. 10)ACCESS a) There shall be vehicular access from a dedicated and improved street,alley or recorded private access to off-street parking facilities. b) There shall be pedestrian access from a dedicated and improved street, alley or recorded private access to property used for residential purposes. c) Vehicular and/or pedestrian access shall be maintained and remain clear at all times. d) Provide vehicular and/or pedestrian access as noted on Exhibit"A"of Conditional Use Permit Application No. C-09-280 and as indicated per Conditions of Approval for Revised Vesting Tentative Tract Map No.T-5966/UGM dated F-ebFyaFy 7, 2010 JHR8 10,2019 August 18, 2010 March 23, 201 i. i) Pedestrian walkways and handicap access shall be clearly delineated on the site plan. 11)OUTDOOR ADVERTISING AND MARKETING a) Signs, other than directional signs, if applicable, are not approved for installation as part of this Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 Fed�uary 17,2010 Aug.s"8, 2019 March 23, 2011 Page 12 of 14 special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. (Include this note on the site plan). 12)BUILDING ELEVATIONS All residential dwellings in the subject planned development shall be subject to review and approval by the Planning and Development Department in accordance with the following: b) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. Roof mounted mechanical equipment shall be recessed and shall not be visible from the public right-of-way (or private street)or shall be placed on the ground outside of the required yards. c) Pursuant to Policy numbers C-20-f, C-21-a, C-21-b and C-21-c of the 2025 Fresno General Plan, all proposed buildings shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless "blank" walls. Design measures should be utilized to avoid large scale, massive, monolithic, and repetitive"institutional"visual appearances. This may be accomplished by varying the building footprint with indentations, projections, offsets, different building materials, or adding polyfoam with a stucco finish to add visual interest and to break up monotonous walls. Submit elevations inclusive of modifications for review and approval. i) Second-story windows should be directed, to the extent feasible, away from adjacent single-story residential uses; or, adequate setback and landscape screening shall be provided to protect the privacy of adjacent properties. ii) Roofing material shall consist of: architectural grade composition roofing guaranteed by the manufacturer for at least 20 years; cement or clay tile; treated wood shakes; and/or, architectural-grade metal and coated non-glare decorative metal roofing products. iii) Garage doors with decorative features (which may include windows)shall be provided for each dwelling on all lots within the subdivision which front onto, and gain access from a street. iv) Where proposed attic vents shall be decorative, consistent with the style and character of each home. PART E - CITY AND OTHER SERVICES TRANS PORTATION/TRAFFIC PLANNING REQUIREMENTS Reviseu Conditions of Approval Conditional Use Permit Application No. C-09-280 FebFuaFy 4�7, 2940 June-44-204-0 Augu&+ 1a�- I-0 March 23, 2011 Page 13 of 14 a. Comply with all of the requirements of the attached Public Works Department, Engineering Division memorandums dated February 02"d and February 06"', 2010 and any requirements noted on Exhibits "A" of Conditional Use Permit Application No. C-09-280. SOLID WASTE COLLECTION b. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Management memorandum dated February 11, 2010. FIRE PROTECTION REQUIREMENTS c. Comply with all of the requirements of the attached City of Fresno Fire Department memorandum dated January 13, 2010. STREET TREES, BUFFER, PARKWAY AND MEDIAN ISLAND LANDSCAPING d. Comply with all of the requirements of the attached Department of Public Works Engineering Division memorandum from the Parks supervisor dated January 11, 2010. FLOOD CONTROL REQUIREMENTS e. Comply with all of the requirements of the attached Fresno Metropolitan Flood Control District memorandum dated February 17, 2010. PUBLIC UTILITIES REQUIREMENTS f. Comply with all of the requirements of the attached Department of Public Utilities, Planning and Engineering Division memorandums dated January 12, 2010 and February 12, 2010. COUNTY OF FRESNO, DEPARTMENT OF COMMUNITY HEALTH g. The developer/subdivider shall comply with all of the requirements of the County of Fresno Department of Community Health memorandum dated January 21, 2010. FRESNO IRRIGATION DISTRICT (FID) h. Attached for the subdivider/developer records and consideration is the Fresno Irrigation District memorandum dated February 02, 2010. SCHOOL FEES i. Complywith all of the requirements of the attached Clovisl Unified School District memorandum dated January 20, 2010. Revised Conditions of Approval Conditional Use Perrnit Application No. C-09-280 F-ebruai3,17, 2019 jURe 1rry 10, 204-0 Aug-ust 2019 March 23, 2011 Page 14 of 14 PART F - MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2) If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 3) If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and, if the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. City of me ::; Planning & Development Department 2600 Fresno Street *Third Floor John M. Dugan, AICP Fresno, California 93721-3604 Director (559) 621-8277 FAX(559) 498-1026 August 18, 2010 Please reply to: Will Tackett (559) 621-8063 Gary G. Giannetta Civil Engineering & Land Surveying 1119 "S" Street Fresno, CA 93721 SUBJECT: NOTICE OF APPROVAL OF REVISED VESTING TENTATIVE TRACT MAP NO. 5966/UGM AND REVISED CONDITIONAL USE PERMIT APPLICATION NO. C-09- 280 DATED AUGUST 10, 2010; PROPOSING A 182-LOT SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT SUBDIVISION FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF EAST INTERNATIONAL AND NORTH CHESTNUT AVENUES. (AP N: 578-010-14) The City of Fresno Planning Division has completed its review of the proposed subject vesting tentative tract map and associated conditional use permit revisions. Pursuant to Section 12- 1205(d)(1)of the Fresno Municipal Code, this letter is written to advise you that the Director of the Planning and Development Department has approved the proposed minor revisions as noted on Revised Vesting Tentative Tract Map No. 5966/UGM and Conditional Use Permit Application No. C-09-280 dated August 10, 2010; these changes have been deemed to be limited to changes which do not substantially alter the street pattern, lot configuration or overall design scheme The approved revised vesting tentative tract map and conditional use permit shall become, for all purposes, the approved tentative map and conditional use permit for the proposed planned development subdivision and the tentative map and conditional use permit exhibits which were originally approved shall be deemed withdrawn and shall no longer be of any force or effect for any purpose. The Conditions of Approval for Vesting Tentative Tract Map No. 5966/UGM and Conditional Use Permit Application No. C-09-280, dated February 17, 2010 (and previously revised on June 10, 2010), remain in effect with the following exceptions.- 1. xceptions:1. Revised Vesting Tentative Tract Map No. 5966/UGM dated August 10, 2010 is hereby approved subject to the attached revised Conditions of Approval dated August 18, 2010. 2. Revised Conditional Use Permit Application No. C-09-280 dated August 10, 2010 is hereby approved subject to the attached revised Conditions of Approval dated August 18, 2010. EXPIRATION: The approval or conditional approval of this revised vesting tentative tract map expires two years from the date of approval of the original tentative tract map on February 17, 2010. The approval or conditional approval of the associated revised conditional use permit expires four Gary G, Giannetta Revised Vesting Tentative Tract Map No. 5966/UGM Revised Conditional Use Permit Application No. C-09-280 August 18, 2010 Page 2 years from the date of approval of the original conditional use permit on February 17, 2010. The approval of the subject revised vesting tentative tract map and associated revised conditional use permit shall not affect the anniversary date of the approved original tentative map and conditional use permit. The expiration shall terminate all proceedings and a Final Map (tract)may not be filed without first processing a new Tentative Map (tract). EXTENSION: Modification of a tentative tract 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 Planning& Development Department at least thirty days before the expiration date of the map. The applicant must state the reasons for requesting the extension. New conditions may be imposed if an extension is granted. The exercise of rights granted by the special permit (C-09-280) is not eligible for extension; there is no exception. Discretionary extensions may not exceed an aggregate of six years. If you wish additional information, please contact the City of Fresno, Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Your inquiry should be directed to either Jon Bartel (engineering or improvements issues) or Will Tackett(planning or zoning issues). Sincerely, PLAN NING'DIVISION Will TXkkett, Planner III Pla 7 g and Development Department Enclosures: Revised Vesting Tentative Tract Map No. 5966/UGM dated August 10, 2010 Revised Exhibit "A" for Conditional Use Permit Application No. C-09-280 dated August 10, 2010 Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM dated August 18, 2010. Conditions of Approval for Revised Conditional Use Permit Application No. C-09-280 dated August 18, 2010. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REVISED CONDITIONS OF APPROVAL FEBRLJAR* 17, 2010 iUNE AUGUST 18, 2010 REVISED VESTING TENTATIVE TRACT MAP NO. 5966/UGM "A PLANNED DEVELOPMENT" NORTHWEST CORNER OF THE INTERSECTION OF EAST INTERNATIONAL AND NORTH CHESTNUT AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map: 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. 5966/UGM, the subdivider may prepare a Final Map in accordance with the approved tentative map, and Conditional Use Permit Application No. C-09-280. 2. An Air Impact Assessment (AIA) application for the proposed project shall have been submitted to the San Joaquin Valley Air Pollution Control District prior to the submittal/acceptance of any phase of the Final Map for recordation/processing. 3. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 4. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. Revised Vesting Tentative Tract Map No. T-5966/UGM F=n Fy 17, 2010 June 10,2040 August 18, 2010 Page 2 of 14 5. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 6. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 7. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 8. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 10. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 11. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. GENERAL INFORMATION 12. The Phillips No. 158 private canal traverses the subject property and is proposed to be undergrounded within a 24-inch pipeline located within the boundaries of proposed Lots 1-14, 157, 158, 178-182 & Outlots "A" & "B" of Revised Vesting Tentative Tract Map No. 5966/UGM dated Pebrya�y 1:7, 2010 JURe-03, 2-0.1-8 August 10, 2010. Revised Vesting Tentative Tract Map No. T-5966/UGM February 17,244-0 june 10, 20W August 18, 2010 Page 3 of 14 a) A note shall be included on the Final Map acknowledging the proposed 24-inch private irrigation pipeline with reference on the map to its location. b) The subdivider shall be required to pipe and relocate the canal outside of public street rights-of-way, and provide the easements necessary to accommodate the pipeline prior to final map approval. i) In lieu of the above requirement, the subdivider shall provide acceptable evidence that all downstream users of the canal have relinquished their rights to its use. c) The subdivider/developer shall provide formal notice to all owners and prospective property owners of the presence and location of the proposed 24-inch private irrigation pipeline on the above referenced lots of Vesting Tentative Tract Map No. 5966/UGM dated bFwa^y 17, 2940 J4Re-03-, 244-0 August 10, 2010; and, enter into legal agreements as appropriate with owners for the retention and future maintenance of said pipeline. i) A copy of such formal notice and typical legal agreement shall be submitted to the Planning and Development Department for City Records prior to first occupancy. 13. 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. 14. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 15. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to corrimencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. Revised Vesting Tentative Tract Map No. T-5966/UGM F=ebFyapy17-2a10 Jane 10,919 August 18, 2010 Page 4 of 14 16. 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. 17. 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. 18. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 19. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 20. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 21. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 22. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any 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 Revised Vesting Tentative Tract Map No. T-5966/UGM February _ 7 2919 ju� August 18, 2010 Page 5 of 14 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 23. As a proposed "Planned Development' subdivision, approval of Vesting Tentative Tract Map No. 5966/UGM is contingent upon approval of Conditional Use Permit Application No. C-09-280; authorizing the planned development of the subject property. 24. The subject property is zoned R-1/UGM (Single Family Residential District/Urban Growth Management). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the R-1 (Single Family Residential) zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-09-280. 25. Pursuant to Section 12-1011(f)(3) of the FMC, double frontage lots which abut two approximately parallel streets and have a depth of less than 240 feet shall not be approved except where access rights to one of the streets have been relinquished. a) Relinquish direct vehicular access rights to East International and North Chestnut Avenues from all residential lots within this subdivision. Lot Area and Dimensions 26. Pursuant to Section 12-306-N-21 of the FMC the Director of the Planning and Development Department or the Planning Commission may modify the property development standards of the underlying zone district if determined that the proposed development conforms to the provisions of the abovementioned section. However, in no case shall proposed parcels be less than the following minimum standards: a) Proposed lots shall be configured and dimensioned in accordance with Revised Vesting Tentative Tract Map No. 5966/UGM dated PebruaF 17, 2010 Building Setbacks 27. Building setbacks shall be provided in accordance with the Revised Conditions of Approval for Conditional Use Permit Application No. C-09-280 dated Febpjary:T, 2040 dui 100, 26119 August 18, 2010 and Exhibit "A" of Conditional Use Permit Application No. C-09-280 dated Febmary 17, 2040 dune- Q3; 2940 August 10! 2Uk,,i_,, with the following exceptions: a) On a reversed corner lot, the side yard abutting the street shall be not less than 13 feet (i.e. Lots 404 100, 444 113 & 44-6 115 of revised Vesting Tentative Tract Map No. 5966/UGM dated August 10, 2010. b) For a key lot, as defined in Subsection 12-1002.1(k), the side yard main building setback shall be 10 feet. For exceptions for the main building side yards, Subsection 12-306-E-4 of the Fresno Municipal Code shall apply. CR,e,�viised Vesting Tentative Tract Map No. T-5966/UGM ruaFy 47, 2010 June 10, 10 August 18, 2010 Page 6 of 14 c) No portion of any main building constructed on any lot proposed to be created by Vesting Tentative Tract Map No. 5966/UGM shall be located within 10 feet of the proposed 24-inch private irrigation pipeline for the Phillips No. 158 canal. Fences, Hedges &Walls 28. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required landscaped areas along East International and North Chestnut Avenues. a) The required six-foot high solid masonry wall shall be continued (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required landscaped areas on the local street sides of the proposed lots abutting the entry street to the subdivision from East International and North Chestnut Avenues. b) The required six-foot high solid masonry wall shall be continued (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code along the side property lines of proposed Outlots "A" & "B" of Revised Vesting Tentative Tract Map No. 5966/UGM dated FebFwa%T, 2010 June 03, 2010 August 10, 2010; but, shall not exceed a height of three feet within the area defined by the front yard setback area of abutting property. i) The limits and height of the required solid masonry wall adjacent to proposed outlots shall be depicted on the landscape improvement plans, which are to be submitted to the Planning and Development Department for review and approval prior to Final Map approval. 29. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 30. Fences, hedges, and walls, not greater than six feet in height, shall be permitted on all rear and side property lines and on or to the rear of all front yard setback lines with the following exceptions: a) In that triangular area of a reversed corner lot (i.e. Lots 4.04. 100, 444 113 & 446 115 of Revised Vesting Tentative Tract Map No. 5966/UGM dated February 7, 2910 >�n 03, 2010 August 10, 2010) where the rear and street side property lines meet. Said area is determined by measuring from that intersection along both the rear and street-side property lines, a distance equal to the front yard setback distance of the abutting property, then connecting those points, thereby forming, that triangle. i) No fence, hedge or wall over three feet in height shall be permitted in the excepted triangular area defined above. b) Within the "Corner Cut-Off Areas" as defined by, and in accordance with, Section 12- 306-H-3 of the Fresno Municipal Code. C ..�V�estiing Tentative Tract Map No. T-5966/UGM june 10, 20 n August 18, 2010 Page 7 of 14 c) Fences, hedges, and walls shall be located to the rear of pedestrian and planting easements/landscaped areas located at the end of interior blocks as required herein below. 31. Provide a corner cut-off area at all entryway intersections, where walls or fences are required, in accordance with Section 12-306-H-3-d of the FMC. • NOTE: Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. a) The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. 32. All landscaping adjacent to walls or fences shall comply with the City of Fresno "Anti- Graffiti Landscaped Buffer Development and Planting Standards." LANDSCAPING AND OPEN SPACE 33. In accordance with Policy No. 3-4.2 of the Woodward Park Community Plan and Section 12-1011(f)(3), the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system) along the East International Avenue frontage of all lots proposed to be created within the boundary of this map. (i.e., south property line of Lots 49-53 & 448 142-157 of Vesting Tentative Tract Map No. 5966/UGM dated FebFuary 17, 2010 Jae 031 2 August 10, 2010). 34. In accordance with Policy No. 3-4.2 of the Woodward Park Community Plan and Section 12-1011(f)(3), the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system along the North Chestnut Avenue frontage of all lots proposed to be created within the boundary of this map (i.e., east property line of Lots 1-9, 157, 158 & 178-182 of Revised Vesting Tentative Tract Map No. 5966/UGM dated FebFuapy 17T 2819 June 03 204-9 August 10, 2010). • NOTE: Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be utilized for public open space purposes in accordance with the requirements stipulated below. 35. Two to five percent (2%-5%) of the site (less major street dedications) should consist of common passive/active open space in accordance with: the City of Fresno Proposed Guidelines for Landscape Open Space and Pedestrian Walkway Requirements for Residential Development; the Revised Conditions of Approval for Conditional Use Permit Application No. C-09-280 dated February 17, 2010 June 10, 20 t0 August 18, 2010; and, the following: a) Landscaped pedestrian connections/walkways shall be provided for all subdivisions in order to promote "walkability", link neighborhoods and to provide residents the opportunity to reach destinations, including (but not limited to) residences, bus stops, trails, parks (including mini, neighborhood, community, regional parks, etc.), schools, shopping centers, other subdivisions, etc. Revised Vesting Tentative Tract Map No. T-5966/UGM €ebryaFy 17 2010 june 40, 201-0 August 18, 2010 Page 8 of 14 i) Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be dedicated for public open space purposes and shall be utilized for pedestrian connectivity. ii) All proposed landscaped pedestrian connections, entryways, and pathways shall be improved in accordance with the approved landscape improvement plans, which are to be submitted to the Planning and Development Department for review and approval prior to Final Map approval. • NOTE: Lighting details shall be provided with the submittal of the landscape improvement plans. iii) Maintenance of Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be provided pursuant to the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. • NOTE: Neither Outlot "A" or "B" of Vesting Tentative Tract Map No. 5966/UGM qualify as eligible for fee credit against the City's Parkland Dedication/In-Lieu Fee (Quimby Act) and/or Park Facilities Fee. b) Major street entryways should contain enhanced landscaping (and irrigation systems), surface materials, and fencing/wall treatments that respectively improve and better define a project's visual image and character. i) The subdivider shall provide a minimum 10-foot wide landscaped area on both sides of the principal proposed entryways into the subdivision from East International and North Chestnut Avenues. • NOTE: The landscaped area shall extend to the front yard setback of the abutting residential lot. c) Provide a minimum eight-foot wide landscaped strip in the form of a pedestrian and planting easement at the end of all interior blocks; and, along the street side yards of Lots 404 100, 444 1 13 & 44-6 115 of Revised Vesting Tentative Tract Map No. 5966 dated F-ebrwary 17,, 2010 June 03 2019 August 10, 2010. i) All "end-block" landscape treatments shall be maintained in accordance with the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 36. Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards," shall be required adjacent to all required walls or fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 37. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscape Revised Vesting Tentative Tract Map No. T-5966/UGM February 0 vane 0, 201-0 August 18, 2010 Page 9 of 14 easements as determined by the Planning and Development Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or, one tree per home (whichever is greater) by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, Water Efficient Landscape Standards and AB 1881 Model Water Efficient Landscape Ordinance. 38. Comply with all of the: (1) Street Tree; (2) Huffer Landscape & Maintenance; (3) Median Island Landscape; and, (4) Outlot requirements stipulated within the Department of Public Works memorandum from the Parks Supervisor dated January 11, 2010. STREETS AND RIGHTS-OF-WAY 36. 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. 37. Comply with all of the requirements of the Public Works Department, Engineering Division memorandums dated February 02"d and February 06", 2010. • NOTE: For the purposes of this project, where any discrepancy may exist between the two memoranda referenced above the memorandum from the Traffic Engineering Manager dated February 06th shall take precedence, SANITARY SEWER SERVICE The nearest sanitary sewer mains to serve the proposed project are a 10-inch main located in North Chestnut Avenue, an 8-inch sewer main located in East International Avenue, and an 8- inch main located in East Prestwick Avenue. Sanitary sewer facilities will be available to provide service to the tract subject to the following requirements: 38. Comply with all of the requirements of the attached Public Utilities Department, Planning and Engineering Division memorandum dated January 12, 2010. WATER SERVICE The following conditions are required to provide water service to the tract: 39. Comply with all of the requirements of the attached Department of Public Utilities, Water Division memorandum dated February 12, 2010. SOLID WASTE SERVICE This tract will be serviced as Single Family Residential Properties with Basic Container Service, subject to the following conditions: 40. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated February 11, 2010, FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: C Vesting Tentative Tract Map No. T-5966/UGM F-ebrt+ary 4�,r 2010 JUR8 10;204-0 August '18, 2010 Page 10 of 14 41. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated January 13, 2010. FLOOD CONTROL AND DRAINAGE 42. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Planning and Development Department dated February 17, 2010. COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH 43. Comply with all of the requirements of the attached County of Fresno Department of Community Health memorandum dated January 21, 2010. FRESNO AREA EXPRESS (FAX) 44. Provide for an 80-foot "far-side" bus bay and 60-foot transition per City of Fresno Standard P-73. 45. Provide a reinforced 6-inch concrete pad under shelter in accordance with City of Fresno Standard P-88. 46. The depth of the bus bay, currently shown at 8 feet, to be reviewed and approved by the Department of Public Works, Traffic Engineering Division (reference Traffic Engineering memorandum dated February 02, 2010). FRESNO IRRIGATION DISTRICT 47. Attached for the developer/subdivider's records and consideration is the memorandum from Fresno Irrigation District dated February 02, 2010. CLOVIS UNIFIED SCHOOL DISTRICT 48. The developer/subdivider shall comply with all of the requirements of the attached Clovis Unified School District memorandum dated January 20, 2010. RIGHT-OF-WAY ACQUISITION 49. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 50. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. Revised Vesting Tentative Tract Map No. T-5966/UGM €ebruar17-2910 jure 10,21-8 August 18, 2010 Page 11 of 14 51. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 52. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 53. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of 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 54. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for maintenance of such items. a) Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street right-of-ways (includes parkways and one-half of median islands in major streets), landscape easements, trails and outlots associated with the subdivision. All outlots shall be dedicated to the City of Fresno for maintenance purposes and any related work required. • 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) Maintenance of sidewalks and street furniture as approved by the Public Works Department within the street right-of-way and the landscape easements associated with the subdivision. c) Maintenance of all landscape and irrigation systems on sides and in medians, decorative concrete and pilasters included as entry treatments to the tract. d) Maintenance of all local street curbs, gutters and sidewalks, and median islands as approved by the Public Works Department within the boundary of the tentative map. e) Maintenance and operating costs of all local street lights as approved by the Public Works Department within the boundary of the tentative map. Revised Vesting Tentative Tract Map No. T-5966/UGM FebFyaFy 17, 2010 JUe 10,2019 August i 8, 2010 Page 12 of 14 f) Maintenance of all street trees as approved by the Public Works Department within the boundary of the tentative map. 51. If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. a) Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (Dttn://www.fresno.gov) under the Public Works Department Developer Doorway. 52. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. This shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. 53. 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. 54. 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. 55. Should the City Council or owner/developer choose not to include the maintenance items listed above in a CFD, then the property owner/developer shall create a homeowners' association for the maintenance of these items and proposed private streets, utilities, and walls/gates. a) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the Fresno Municipal Code. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met, then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map Revised Vesting Tentative Tract Map No. T-5966/UGM F-ebryawy 7 2910 June 10,24�8 august l 8, 2010 Page 13 of 14 approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: • 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 [2] $344.00/living unit Service Area: Herndon d. Wastewater Facilities Charge [3] $2,119.00/living unit e. Herndon Trunk Sewer Capacity Enhancement [2] $893.00/living unit f. Copper Avenue Sewer Lift Station Charge [4] N/A g. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE h. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule i. Frontage Charge [4] $6.50/lineal foot j. Transmission Grid Main Charge [4] $643.00/gross acre (parcels 5 gross acres or more) k. Transmission Grid Main Bond Debt Service Charge [4] $243.00/gross acre (parcels 5 gross acres or more) I. UGM Water Supply Fee [2] $456.00/living unit Service Area: 101-S Revised Vesting Tentative Tract Map No. T-5966/UGM February 4:2944 JURe-48; 04-0 August 18, 2010 Page 14 of 14 m. Well Head Treatment Fee [2] $0.00/living unit Service Area: 101 n. Recharge Fee [2] $0.00/living unit Service Area: 101 o. 1994 Bond Debt Service [4] $895.00/living unit Service Area: 101 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE p. Fire Facilities Impact Fee— Citywide [4] $539.00/living unit q. Park Facility Impact Fee— Citywide [4] $2278.00/living unit r. Quimby Parkland Dedication Fee [2] $1120.00/living unit s. Citywide Regional Street Impact Fee [4] $8,361.00/adj. acre t. New Growth Area Major Street Fee [4] $18,790.00/adj. acre u. Police Facilities Impact Fee —Citywide [4] $624.00/living unit v. Traffic Signal Charge [4] $450.94/living unit Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact 'the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REVISED CONDITIONS OF APPROVAL GEBRUAnY117 2010 UNr= 10, 2M AUGUST 18, 2010 CONDITIONAL USE PERMIT APPLICATION NO. C-09-280 "A PLANNED DEVELOPMENT" NORTHWEST CORNER OF THE INTERSECTION OF EAST INTERNATIONAL AND NORTH CHESTNUT AVENUES PART A- PROJECT INFORMATION 1. Assessor's Parcel No(s): 578-010-14 2. Street Location: Located on the northwest corner of the intersection of East International and North Chestnut Avenues. (Council District 6, Councilmember Brand) 3. Existing Zoning "R-1-UGM" (Single Family Residential/Urban Growth Management) zone district. 4. Proposed Zoning "R-1-UGM" (Single Family Residential/Urban Growth Management) zone district. 5. Planned Land Use: Medium-Low Density Residential (2.19-6.00 dwelling units/acre) 6. Plan Areas: Woodward Park Community Plan 7. Project Description: Requests authorization to establish a public street planned development with modified property development standards for lots proposed to be created by Revised Vesting Tentative Tract Map No. 5966/UGM. PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on February 17, 2010, approved the special permit application subject to the enclosed list of conditions and Exhibit(s) "A," "E" & "L" dated February 17, 2010. NQT€: The DlnnniRg and QeY8l0nrvmenk, DiFeGteF, �,-,-e_10, 2010, ireved the u Bf--c—tici#o�ebF aFy 17` 2010; and "A" dated iURe 20 , NOTE: The Planning and Development Director, on August 18, 2010, approved the revised special permit application subject to the enclosed list of conditions, Exhibits"E° Conditions of Approval Conditional Use Permit Application No. C-09-280 February aruur_y 17, 2010 JuRe 100--r0, 2010 August 18. 2010 Page 2 of 14 & "L" dated February 17, 2010; and, Revised Exhibit"A" dated August 10, 2010. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies,those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed either verbally or in writing to the City of Fresno Planning Commission at the scheduled public hearing regarding Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. T-5966/UGM. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative,architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures,signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note on the site plan.) No uses of land, buildings, or structures other than those specifically approved pursuant to this site Conditions of Approval Conditional Use Permit Application No. C-09-280 Fehr,�. 17,-2018 iUne 10 20 n August 18, 2010 Page 3 of 14 plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on the original site plan exhibit to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by February 17, 2014 (four years from the date of Director approval). There is no exception. To complete the back-check process for building permit relative to planning and zoning issues, submit copies of this corrected, final site plan, together with copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan checkrp for to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please contact Will Tackett at (559) 621-8063 or via e-mail at Will.Tackett@fresno.gov to schedule an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Revised Conditions of Approval Conditional Use � Permit Application No. C-09-280 PebFuaaFy 17r,2010 jURG 10, 204-0 August 18, 2010 Page 4 of 14 Questions relating to dedications, street improvements or off-street parking geometrics may be directed to Louise Gilio at (559) 621-8678 / Louise.Gilio(q_),tresno,gov of the City of Fresno Public Works Department, Engineering Division, Traffic Section. 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights-of-way. b) Provide and identify a minimum four(4)foot wide path of travel along the sidewalk directly in front of all properties created within the subdivision as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements cannot be met within the existing public right-of-way. c) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub-surface private structures and appurtenances extending within the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to issuance of building permits. d) DEDICATIONS. The following dedication requirements must be satisfied prior to the issuance of building permits: • Dedications shall take place in accordance with the Conditions of Approval of Revised Vesting Tentative Tract Map No. 5966/UGM dated Pebruary 17, 2010 June-19,204-9 August 18, 2010. e) VACATIONS. The following vacation requirements must be satisfied prior to issuance of building permits: • There are no vacations required at this time. 2. STREET IMPROVEMENTS a) All public improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way(including pedestrian,water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division at (559) 621-8693, prior to commencement of the work. Contact the Public Works Department, Engineering Services Section at(559)621-8686 for detailed information. All required street improvements must be completed and accepted by the City prior to occupancy. Conditions of Approval Conditional Use Permit Application No. C-09-280 FebFyary 17, 2040 jUR8 40, 204-8 August 18, 2010 Page 5 of 14 b) Existing off-site concrete improvements to remain in place shall be repaired if damaged and/or off grade as determined by the Public Works Department, Construction Management Division (559) 621-5500. Such repairs must be completed prior to final occupancy. c) Design and construct curb, gutter, AC paving, and residential sidewalk patterns to Public Works standards, specifications, and policies. Plans shall be prepared bya registered Civil Engineer. • NOTE: Reference Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM, dated February 17, `'040 jURG August 18, 201 i:,for requirements respective to major and interior local public streets. d) Provide curb ramps at all corners within the limits of this subdivision. e) Install streetlights on all frontages to City Standards as determined by the City Traffic Engineer. Street lighting plans are required and must be approved by the Public Works Department/Engineering Services prior to commencement of the work. f) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. g) Provide parkway landscaping. Street trees shall be planted every 60 feet on center. Plans shall be prepared by a landscape architect. h) Submit four copies of a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. i) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559)621-8682, for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. 3. SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice Land Surveying in the State of California. (Include this note on the site plan.) PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 hri ipr uaFy 1 7 281_0 jUn o ',mac ,0, 204-0 August 18, 2010 Page 6 of 14 a) Development is subject to the following plans and policies: i) "R-1," Single Family Residential District (Section 12-211 of the FMC) ii) "UGM," Urban Growth Management(Article 4.5 of the FMC) iii) 2025 Fresno General Plan iv) Woodward Park Community Plan 2) ZONING a) Approval of Conditional Use Permit Application No. C-09-280 is contingent upon approval of Vesting Tentative Tract Map No. 5966/UGM. 3) LOT DIMENSIONS a) Lot dimensions shall be provided in accordance with the requirements of the R-1 (Single Family Residential) zone district except as may be modified pursuant to Revised Vesting Tentative Tract Map No. 5966/UGM and Exhibit"A"of Conditional Use Permit Application No. C-09-280 dated August 10, 2010. 4) POPULATION DENSITY a) Pursuant to the medium-low density residential planned land use designation for the subject property; the subject property shall be developed in accordance with '-revised Vesting Tentative Tract Map No. 5966/UGM dated February IT, 2010 jure 93-2049 August 10, 2010, and Revisec: Exhibit"A" of Conditional Use Permit Application No. C-09-280 dated jure 03, 201-9 August 10, 2010. i) Based upon the number of dwelling units(du)allowed per acre, respective to the medium- low density residential planned land use designation, the subject property is required to be developed with between 2.19-6.00 du/acre to meet the density requirements of the 2025 Fresno General Plan and FMC. • NOTE: Pursuant to Vesting Tentative Tract Map No. 5966/UGM and Conditional Use Permit Application No. C-09-280, the subject property is proposed to be developed at an overall density of approximately 5.09 du/acre. ii) A subsequent entitlement will be required in order to revise the current development proposal or authorize an alternative development scheme for the subject property. Further environmental review may also be required for any future revisions dependent upon the level of intensification that may be proposed. 5) BUILDING HEIGHT a) No building or structure erected in the R-1 (Single Family Residential)zone district shall have a height greater 35 feet. Conditions of Approval Conditional Use Permit Application No. C-09-280 FehF ary 17,20100 i 20-10, August 18, 2010 Page 7 of 14 b) All accessory buildings on the subject property, or lots proposed to be created by Revised Vesting Tentative Tract Map No. 5966/UGM dated February 17 2010 � e 9 8�8 ugusk 10, 2010 shall comply with the requirements and provisions of the development standards of the FMC for the R-1 zone district and are subject to the provisions of Section 12-306-N-1 (Accessory Buildings) of the FMC. • NOTE: Exceptions. Over height structures may be approved by the City of Fresno Planning Commission or Director of the Planning and Development Department. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. 6) BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS Setbacks shall be provided in accordance with Exhibit "A" of Conditional Use Permit Application No. C-09-280 and the Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM dated FebFwary 17, 2010 Juee4,?04-0 August 18, 2010. a) Any proposed deviation From the building setbacks established by Exhibit "A" of Conditional Use Permit Application No. C-09-280 requires a revision to Conditional Use Permit Application No. C-09-280. b) Spaces between buildings shall be provided in accordance with the approved building setbacks and building envelopes for individual properties respective to Heviseci Exhibit"A"of Conditional Use Permit Application No. C-09-280 and the Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM dated June-18;-2241.8 August 18, 2010. c) Proposed structures are required to be found in compliance with the fire resistive standards of the Uniformed Building Code. In the event structures do not comply they must be modified so as to meet the requirement. 7) LOT COVERAGE a) Lot coverage shall be permitted in accordance with the approved building setbacks and building envelopes for individual properties respective to Revised Exhibit"A"of Conditional Use Permit Application No. C-09-280 and the Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010 juse 10, 201-8 August 18, 2010. 8) OPEN SPACES AND LANDSCAPING The subdivider shall provide and maintain all landscaping (and irrigation systems) in accordance with the Conditions of Approval of Reviseu Vesting Tentative Tract Map No. 5966/UGM dated Cohn pan, 17, 2010 jun8--4-004 August 18, 2010, and the following: a) A landscape plan shall be submitted and approved for all open space and recreational areas within the development. Conditions of Approval Conditional Use Permit Application No. C-09-280 nbFwapy-17, 2019 dune-1 294.8 August 18, 2010 Page 8 of 14 • NOTE: Open space areas shall be landscaped by the developer in accordance with the approved plan and shall thereafter be maintained by the property owner/subdivider; or, in a mariner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. b) All yards (including private) and areas designated for open space purposes shall be landscaped and maintained in accordance with Sections 12-306-N-24 of the FMC. i) All yards and landscaped areas located adjacent to street frontage shall be provided automatic irrigation systems. c) All yards(including private)and areas designated open space purposes shall comply with the water efficient landscape standards in accordance with Section 12-306-N-23 of the FMC. d) Landscaping adjacent to walls or fences accessible to the public shall comply with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards." e) Provide a minimum of 364 medium sized trees on-site per FMC Section 12-306-N-24-g and in accordance with the following: i) Provide a minimum of one medium size tree for each required parking space, plus one medium sized tree for each residential unit. • NOTE: One medium size tree is defined as attaining a height of 30-60 feet at maturity. Two small size trees, up to 30 feet high at maturity may be substituted for one medium size tree. f) No building permit shall be issued for any development for which a special permit has been issued until the requirements for street trees as provided in Article 3 of Chapter 11 of the FMC have been met and street tree inspection fees paid pursuant to the Master Fee Schedule. i) Fresno Municipal Code requires one (1) street tree per 60 linear feet of public street frontage. • NOTE: The Department of Public Works may approve a request for waiver of street tree requirements if the applicant agrees to plant a minimum of one (1)tree (of similar type and size) for every 60 linear feet of street frontage on private property within ten feet of the back of the sidewalk. • NOTE: An approved landscape plan, properly scaled and dimensioned, shall serve as a street tree planting permit for on-site trees not in the public right of way. A copy of this plan shall be kept at the job site at all times. g) Street trees shall be planted by the property owner and shall be inspected by the City pursuant Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 FebFwary 17, 2010 jUR8 10, 204-0 August 18.. 2010 Page 9 of 14 to the payment of street tree inspection fees. The property owner is required to provide and irrigation system with ongoing water supply. h) One drainage hole, a minimum diameter of two (2) feet, shall be drilled for each tree to be planted. The depth of the drainage hole shall be determined as follows: i) Hole must penetrate through and beyond any underlying paving material or hardpan soil stratum. ii) Hole shall be drilled to a depth where visual evidence of the subsurface sand or gravel drainage is apparent. iii) If there is no apparent drainage stratum,the drainage hole shall be drilled a minimum of ten (10) feet deep. i) The backfilling of drainage holes shall comply with the Standard Specifications or as determined by the engineer. j) Complete a minimum waiting period of 20 days after drilling before any planting can begin. k) Call (559)621-5600 to notify the Public Works Department Construction Management Division 72 hours prior to tree hole drilling/tree planting in the public right-of-way, in order to verify tree locations, to obtain inspection of drilling operations, and to check backfilling procedures and safety barriers. 1) All planting, irrigation and related work shall comply with the City of Fresno Public Works Department Standard Specifications, Section 25 and 26. m) All landscaping and related work to be performed within the city right-of-way shall be done by a qualified contractor and requires a street encroachment permit from the Public Works Department prior to commencement. Call (559) 621-8685 for information on encroachment permits and required insurance and bonding. n) Trees shall be maintained in good health. Trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Include this note on the site plan and landscape plan.) o) All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight, or disease, and any such vegetation which shows signs of such damage or injury at any time shall be replaced by the same, similar, or substitute vegetation of a size, form, and character, which will be comparable at full growth. p) Landscaping shall be kept free from weeds and undesirable grasses. Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 PebryaFy 17, 2040 juRe-10, 204-8 August 18, 2010 Page 10 of 14 q) Submit copies of landscaping and irrigation plans prepared by a landscape professional, showing the number and types of trees, to the Planning Division. These plans must be reviewed and approved prior to obtaining building permits. r) Landscaping must be in place before issuance of the certificate of occupancy for each individual dwelling. i) A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Planning Division. (Include this note on the site and landscape plans.) • NOTE: The hold on occupancy may be released at the discretion of the Planning and Development Department to subjectively accommodate inappropriate planting conditions, which are outside of the control of the developer/subdivider (e.g. weather conditions which may be prohibitive to planting in a timely and appropriate manner, etc.). • NOTE: The use of utilities for temporary occupancy may be allowed by the Building Official pursuant to FMC Section 13-100.110.1.2 et seq. s) Prior to granting of final occupancy, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division. (Include this note on the site and landscape plans.) 9) FENCES, HEDGES, AND WALLS Fences, hedges and walls shall be provided in accordance with the Conditions of Approval of Revised Vesting Tentative Tract Map No. 5966/UGM dated FebrHapy 17, 2010 june 10, August 18, 2010 and the following: a) All fences, hedges and walls shall conform to the provisions of Section 12-306-H of the FMC except as may be modified herein. b) Clearly depict any proposed/existing fences, hedges and walls on Exhibits "A" of Conditional Use Permit Application No. C-09-280. Note that all proposed/existing fences, hedges and walls must comply with all policies, ordinances, regulations, etc. of the City of Fresno, Planning and Development Department. c) Only those fences, hedges and walls as shown on the site plan shall be reviewed for approval. d) Submit a rendering depicting the fence, hedge or wall height, material, location etc. for review and approval. . Conditions of Approval Conditional Use Permit Application No. C-09-280 Febr,,�,aFy ;-r 2010 j1JR8 40, 204-G August 18, 2010 Page 11 of 14 e) All future proposed fences, hedges and walls, etc. shall be reviewed and approved rp for to installation by the City of Fresno, Planning and Development Department. (Include this note on the site plan.) f) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard, which may occur as a result of improper fence installation or damage to the fence. 10)ACCESS a) There shall be vehicular access from a dedicated and improved street,alley or recorded private access to off-street parking facilities. b) There shall be pedestrian access from a dedicated and improved street, alley or recorded private access to property used for residential purposes. c) Vehicular and/or pedestrian access shall be maintained and remain clear at all times. d) Provide vehicular and/or pedestrian access as noted on Revised Exhibit"A"of Conditional Use Permit Application No. C-09-280 and as indicated per Conditions of Approval for Revised Vesting Tentative Tract Map No. T-5966/UGM datedF=ebFuaFy 17, 2010 August 18, 2010. i) Pedestrian walkways and handicap access shall be clearly delineated on the site plan. 11)OUTDOOR ADVERTISING AND MARKETING a) Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. (Include this note on the site plan). 12)BUILDING ELEVATIONS All residential dwellings in the subject planned development shall be subject to review and approval by the Planning and Development Department in accordance with the following: b) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. Roof mounted mechanical equipment shall be recessed and shall not be visible from the public right-of-way(or private street) or shall be placed on the ground outside of the required yards. c) Pursuant to Policy numbers C-204, C-21-a, C-21-b and C-21-c of the 2025 Fresno General Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 FebFuaFy 17, 2010 june 10, 204-0 August 18, 2010 Page 12 of 14 Plan, all proposed buildings shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless "blank" walls. Design measures should be utilized to avoid large scale, massive, monolithic, and repetitive "institutional"visual appearances. This may be accomplished by varying the building footprint with indentations, projections, offsets, different building materials, or adding polyfoam with a stucco finish to add visual interest and to break up monotonous walls. Submit elevations inclusive of modifications for review and approval. i) Second-story windows should be directed, to the extent feasible, away from adjacent single-story residential uses; or, adequate setback and landscape screening shall be provided to protect the privacy of adjacent properties. ii) Roofing material shall consist of: architectural grade composition roofing guaranteed by the manufacturer for at least 20 years; cement or clay tile; treated wood shakes; and/or, architectural-grade metal and coated non-glare decorative metal roofing products. iii) Garage doors with decorative features (which may include windows)shall be provided for each dwelling on all lots within the subdivision which front onto, and gain access from a street. iv) Where proposed attic vents shall be decorative, consistent with the style and character of each home. PART E - CITY AND OTHER SERVICES TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS a. Comply with all of the requirements of the attached Public Works Department, Engineering Division memorandums dated February 02nd and February 06`h, 2010 and any requirements noted on Exhibits "A" of Conditional Use Permit Application No. C-09-280. SOLID WASTE COLLECTION b. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Management memorandum dated February 11, 2010. FIRE PROTECTION REQUIREMENTS c. Comply with all of the requirements of the attached City of Fresno Fire Department memorandum dated January 13, 2010. STREET TREES, BUFFER, PARKWAY AND MEDIAN ISLAND LANDSCAPING Conditions of Approval Conditional Use � Permit Application No. C-09-280 ny ma17, 29-1x0 J�iae44,-2-040 August 18, 2010 Page 13 of 14 d. Comply with all of the requirements of the attached Department of Public Works Engineering Division memorandum from the Parks supervisor dated January 11, 2010. FLOOD CONTROL REQUIREMENTS e. Comply with all of the requirements of the attached Fresno Metropolitan Flood Control District memorandum dated February 17, 2010. PUBLIC UTILITIES REQUIREMENTS f. Comply with all of the requirements of the attached Department of Public Utilities, Planning and Engineering Division memorandums dated January 12, 2010 and February 12, 2010. COUNTY OF FRESNO, DEPARTMENT OF COMMUNITY HEALTH g. The developer/subdivider shall comply with all of the requirements of the County of Fresno Department of Community Health memorandum dated January 21, 2010. FRESNO IRRIGATION DISTRICT (FID) In. Attached for the subdivider/developer' records and consideration is the Fresno Irrigation District memorandum dated February 02, 2010. SCHOOL FEES i. Comply with all of the requirements of the attached Clovisl Unified School District memorandum dated January 20, 2010. PART F - MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2) If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082)shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. Revised Conditions of Approval February Use � Permit Application No. C-09-280 Febr��raarr 17, Citi-10 june ttJ 20 4-0 August 18, 2010 Page 14 of 14 3) If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and, if the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. cny of CrbCfin\Nv me Planning&Development Department 2600 Fresno Street*Third Floor John M.Dugan,AICP Fresno,California 93721-3604 Director (559)621-8277 FAX(559)498-1026 June 10,2010 Please replV to: Will Tackett (559)621-8063 Gary G.Giannetta Civil Engineering&Land Surveying 1119"S"Street Fresno,CA 93721 SUBJECT: NOTICE OF APPROVAL OF REVISED VESTING TENTATIVE TRACT MAP NO. 5966/UGM AND REVISED CONDITIONAL USE PERMIT APPLICATION NO.C-09- 280 DATED JUNE 03, 2010; PROPOSING A 182-LOT SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT SUBDIVISION FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF EAST INTERNATIONAL AND NORTH CHESTNUT AVENUES. (APN:578-010-14) The City of Fresno Planning Division has completed its review of the proposed subject vesting tentative tract map and associated conditional use permit revisions. Pursuant to Section 12- 1205(d)(1)of the Fresno Municipal Code,this letter is written to advise you that the Director of the Planning and Development Department has approved the proposed minor revisions as noted on Revised Vesting Tentative Tract Map No.5966/UGM and Conditional Use Permit Application No. C-09-280 dated June 03,2010;these changes have been deemed to be limited to changes which do not substantially alter the street pattern,lot configuration or overall design scheme The approved revised vesting tentative tract map and conditional use permit shall become,for all purposes, the approved tentative map and conditional use permit for the proposed planned development subdivision and the tentative map and conditional use permit exhibits which were originally approved shall be deemed withdrawn and shall no longer be of any force or effect for any purpose. The Conditions of Approval for Vesting Tentative Tract Map No.5966/UGM and Conditional Use Permit Application No. C-09-280, dated February 17, 2010, remain in effect with the following exceptions: 1. Revised Vesting Tentative Tract Map No. 5966/UGM dated June 03, 2010 is hereby approved subject to the attached revised Conditions of Approval dated June 10,2010. 2. Revised Conditional Use Permit Application No.C-09-280 dated June 03,2010 is hereby approved subject to the attached revised Conditions of Approval dated June 10,2010. EXPIRATION: The approval or conditional approval of this revised vesting tentative tract map expires two years from the date of approval of the original tentative tract map on February 17,2010. The approval or conditional approval of the associated revised conditional use permit expires four Gary G. Giannetta Revised Vesting Tentative Tract Map No. 59661UGM Revised Conditional Use Permit Application No. C-09-280 June 10, 2010 Page 2 years from the date of approval of the original conditional use permit on February 17, 2010. The approval of the subject revised vesting tentative tract map and associated revised conditional use permit shall not affect the anniversary date of the approved original tentative map and conditional use permit. The expiration shall terminate all proceedings and a Final Map (tract) may not be filed without first processing a new Tentative Map (tract). EXTENSION: Modification of a tentative tract 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 Planning & Development Department at least thirty days before the expiration date of the map. The applicant must state the reasons for requesting the extension. New conditions may be imposed if an extension is granted. The exercise of rights granted by the special permit (C-09-280) is not eligible for extension; there is no exception. Discretionary extensions may not exceed an aggregate of six years. If you wish additional information, please contact the City of Fresno, Planning and Development Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559) 621-8277. Your inquiry should be directed to either Jon Bartel (engineering or improvements issues) or Will Tackett (planning or zoning issues). Sincerely, PLANNI DIVISION Will T kett, Planner III Plan i and Development Department Enclosures: Revised Vesting Tentative Tract Map No. 59661UGM dated June 03, 2010 Revised Exhibit "A° for Conditional Use Permit Application No. C-09-280 dated June 03, 2010 Conditions of Approval for Revised Vesting Tentative Tract Map No. 59661UGM dated June 10, 2010. Conditions of Approval for Revised Conditional Use Permit Application No. C-09-280 dated June 10, 2010. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REVISED CONDITIONS OF APPROVAL FEBRUARY 17e—2010— JUNE 10,2010 REVISED VESTING TENTATIVE TRACT MAP NO. 5966/UGM "A PLANNED DEVELOPMENT" NORTHWEST CORNER OF THE INTERSECTION OF EAST INTERNATIONAL AND NORTH CHESTNUT AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code(FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map: 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.5966/UGM,the subdivider may prepare a Final Map in accordance with the approved tentative map, and Conditional Use Permit Application No.C-09-280. 2. An Air Impact Assessment (AIA) application for the proposed project shall have been submitted to the San Joaquin Valley Air Pollution Control District prior to the submittal/acceptance of any phase of the Final Map for recordation/processing. 3. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27,2005. 4. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 5. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works,Public Utilities,and Planning and Development Departments for grading, public sanitary sewer system, public water system, street Revised Vesting Tentative Tract Map No.T-5966/UGM February 47,,2010 June 10,2010 Page 2 of 14 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. 6. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If,at the time of Final Map approval,such plans have not been approved,the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 7. Public utilities easements,as necessary,shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 8. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code,Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications,2002 Edition,and any amendments thereto. 9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications,or additions thereto;and in accordance with the requirements of State law as related to vesting tentative maps. 10. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code(FMC)and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If,at the time of Final Map approval,any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 11. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right,title or interest and the nature of their interest per State law. GENERAL INFORMATION 12. The Phillips No. 158 private canal traverses the subject property and is proposed to be undergrounded within a 24-inch pipeline located within the boundaries of proposed Lots 1-14, 157, 158, 178-182&Outlots"A"&"B"of Revised Vesting Tentative Tract Map No. 5966/UGM dated February 47,2010 June 03,2010. a) A note shall be included on the Final Map acknowledging the proposed 24-inch private irrigation pipeline with reference on the map to its location. Revised Vesting Tentative Tract Map No.T-5966/UGM pela-afy-mon June 10,2010 Page 3 of 14 b) The subdivider shall be required to pipe and relocate the canal outside of public street rights-of-way, and provide the easements necessary to accommodate the pipeline prior to final map approval. i) In lieu of the above requirement,the subdivider shall provide acceptable evidence that all downstream users of the canal have relinquished their rights to its use. c) The subdivider/developer shall provide formal notice to all owners and prospective property owners of the presence and location of the proposed 24-inch private irrigation pipeline on the above referenced lots of Revised Vesting Tentative Tract Map No. 5966/UGM dated February 2010 June 03, 2010; and, enter into legal agreements as appropriate with owners for the retention and future maintenance of said pipeline. i) A copy of such formal notice and typical legal agreement shall be submitted to the Planning and Development Department for City Records prior to first occupancy. 13. 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. 14. Pursuant to Section 66456.1 of the Subdivision Map Act,which states"The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps,"multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 15. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool,and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 16. 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. Revised Vesting Tentative Tract Map No.T-5966/UGM Pelbruary 17,2010 June 10,2010 Page 4 of 14 17. 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. 18. If archaeological and/or animal fossil material is encountered during project surveying, grading,excavating,or construction,work shall stop immediately. 19. If there are suspected human remains,the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission(phone number(916)653-4082)shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 20. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 21. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 22. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any 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. Revised Vesting Tentative Tract Map No.T-5966/UGM Fehr a y1�n�n June 10,2010 Page 5 of 14 ZONING&PROPERTY DEVELOPMENT STANDARDS 23. As a proposed"Planned Development'subdivision, approval of Vesting Tentative Tract Map No. 5966/UGM is contingent upon approval of Conditional Use Permit Application No.C-09-280;authorizing the planned development of the subject property. 24. The subject property is zoned R-1/UGM (Single Family Residential DistrictlUrban Growth Management). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the R-1 (Single Family Residential)zone district except as may be modified herein pursuant to Conditional Use Permit Application No.C-09-280. 25. Pursuant to Section 12-1011(f)(3) of the FMC, double frontage lots which abut two approximately parallel streets and have a depth of less than 240 feet shall not be approved except where access rights to one of the streets have been relinquished. a) Relinquish direct vehicular access rights to East International and North Chestnut Avenues from all residential lots within this subdivision. Lot Area and Dimensions 26. Pursuant to Section 12-306-N-21 of the FMC the Director of the Planning and Development Department or the Planning Commission may modify the property development standards of the underlying zone district if determined that the proposed development conforms to the provisions of the abovementioned section. However,in no case shall proposed parcels be less than the following minimum standards: a) Proposed lots shall be configured and dimensioned in accordance with Vesting Tentative Tract Map No.5966/UGM dated Feer aFx 47,2010 June 03,2010. Building Setbacks 27. Building setbacks shall be provided in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-09-280 dated February 17 2040 June 10, 2010 and Exhibit"A"of Conditional Use Permit Application No.C-09-280 dated€ebruar 1.7,2 -1004 n June 03,2010 with the following exceptions: a) On a reversed corner lot,the side yard abutting the street shall be not less than 13 feet(i.e. Lots 404 100,44-4 113&446 115 of Revised Vesting Tentative Tract Map No.5966/UGM dated June 03,2010. b) For a key lot, as defined in Subsection 12-1002.1(k), the side yard main building setback shall be 10 feet. For exceptions for the main building side yards,Subsection 12-306-E-4 of the Fresno Municipal Code shall apply. c) No portion of any main building constructed on any lot proposed to be created by Vesting Tentative Tract Map No. 5966/UGM shall be located within 10 feet of the proposed 24-inch private irrigation pipeline for the Phillips No. 158 canal. Fences Hedges&Walls 28. Construct a six-foot high solid masonry wall(at finished grade of proposed site)pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the Revised Vesting Tentative Tract Map No.T-5966/UGM February 17,2040 June 10,2010 Page 6 of 14 rear of the required landscaped areas along East International and North Chestnut Avenues. a) The required six-foot high solid masonry wall shall be continued(at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required landscaped areas on the local street sides of the proposed lots abutting the entry street to the subdivision from East International and North Chestnut Avenues. b) The required six-foot high solid masonry wall shall be continued(at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code along the side property lines of proposed Outlets"A"&"B"of Revised Vesting Tentative Tract Map No. 5966/UGM dated February '2^'^June 03, 2010; but, shall not exceed a height of three feet within the area defined by the front yard setback area of abutting property. i) The limits and height of the required solid masonry wall adjacent to proposed outlets shall be depicted on the landscape improvement plans, which are to be submitted to the Planning and Development Department for review and approval prior to Final Map approval. 29. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 30. Fences, hedges, and walls, not greater than six feet in height,shall be permitted on all rear and side property lines and on or to the rear of all front yard setback lines with the following exceptions: a) In that triangular area of a reversed corner lot(i.e.Lots 494 100,4411 113&446 115 of Revised Vesting Tentative Tract Map No. 5966/UGM dated February 17,2010 June 03, 2010) where the rear and street side property lines meet. Said area is determined by measuring from that intersection along both the rear and street-side property lines, a distance equal to the front yard setback distance of the abutting property,then connecting those points,thereby forming,that triangle. I) No fence, hedge or wall over three feet in height shall be permitted in the excepted triangular area defined above. b) Within the"Corner Cut-Off Areas"as defined by,and in accordance with,Section 12- 306-H-3 of the Fresno Municipal Code. c) Fences, hedges, and walls shall be located to the rear of pedestrian and planting easements/landscaped areas located at the end of interior blocks as required herein below. 31. Provide a corner cut-off area at all entryway intersections, where walls or fences are required,in accordance with Section 12-306-H-3-d of the FMC. • NOTE: Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining Revised Vesting Tentative Tract Map No.T-5966/UGM 9eb__s�^-2n-�;.g June 10,2010 Page 7 of 14 points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets,this distance is 30 feet. a) The corner cut-off area shall be landscaped(including an irrigation system),and may be included within the City's Community Facilities District. 32. All landscaping adjacent to walls or fences shall comply with the City of Fresno "Anti- Graffiti Landscaped Buffer Development and Planting Standards." LANDSCAPING AND OPEN SPACE 33. In accordance with Policy No.3-4.2 of the Woodward Park Community Plan and Section 12-1011(f)(3), the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system)along the East International Avenue frontage of all lots proposed to be created within the boundary of this map.(i.e.,south property line of Lots 49-53& 443 142-157 of Revised Vesting Tentative Tract Map No.5966/UGM dated February 17, 2910 June 03,2010). 34. In accordance with Policy No.3-4.2 of the Woodward Park Community Plan and Section 12-1011(f)(3), the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system along the North Chestnut Avenue frontage of all lots proposed to be created within the boundary of this map(i.e.,east property line of Lots 1-9, 157, 158 & 178-182 of Revised Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2049 June 03,2010). • NOTE: Outlots"A"&"B"of Vesting Tentative Tract Map No.5966/UGM shall be utilized for public open space purposes in accordance with the requirements stipulated below. 35. Two to five percent(2%-5%)of the site(less major street dedications)should consist of common passive/active open space in accordance with: the City of Fresno Proposed Guidelines for Landscape Open Space and Pedestrian Walkway Requirements for Residential Development; the Conditions of Approval for Conditional Use Permit Application No.C-09-280 dated February�,20 0 June 10,2010;and,the following: a) Landscaped pedestrian connections/walkways shall be provided for all subdivisions in order to promote "walkability", link neighborhoods and to provide residents the opportunity to reach destinations,including(but not limited to)residences,bus stops, trails,parks(including mini,neighborhood,community,regional parks,etc.),schools, shopping centers,other subdivisions,etc. i) Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be dedicated for public open space purposes and shall be utilized for pedestrian connectivity. ii) All proposed landscaped pedestrian connections,entryways,and pathways shall be improved in accordance with the approved landscape improvement plans, which are to be submitted to the Planning and Development Department for review and approval prior to Final Map approval. • NOTE: Lighting details shall be provided with the submittal of the landscape improvement plans. Revised Vesting Tentative Tract Map No.T-5966/UGM F�rue,"r;��n�g June 10,2010 Page 8 of 14 iii) Maintenance of Outlots"A"&"B"of Vesting Tentative Tract Map No. 5966/UGM shall be provided pursuant to the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. • NOTE: Neither Outlot "A" or "B" of Vesting Tentative Tract Map No. 5966/UGM qualify as eligible for fee credit against the City's Parkland Dedication/In-Lieu Fee(Quimby Act)and/or Park Facilities Fee. b) Major street entryways should contain enhanced landscaping (and irrigation systems), surface materials, and fencing/wall treatments that respectively improve and better define a project's visual image and character. I) The subdivider shall provide a minimum 10-foot wide landscaped area on both sides of the principal proposed entryways into the subdivision from East International and North Chestnut Avenues. • NOTE: The landscaped area shall extend to the front yard setback of the abutting residential lot. c) Provide a minimum eight-foot wide landscaped strip in the form of a pedestrian and planting easement at the end of all interior blocks;and,along the street side yards of Lots 464 100,444 113&44-6 115 of Revised Vesting Tentative Tract Map No. 5966 dated February 17,2819 June 03,2010. I) All"end-block"landscape treatments shall be maintained in accordance with the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 36. Landscaping,which is compliant with the City of Fresno"Anti-Graffiti Landscaped Buffer Development and Planting Standards,"shall be required adjacent to all required walls or fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 37. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscape easements as determined by the Planning and Development Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage;or, one tree per home(whichever is greater)by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23,Water Efficient Landscape Standards and AB 1881 Model Water Efficient Landscape Ordinance. 38. Comply with all of the:(1)Street Tree;(2)Buffer Landscape&Maintenance;(3)Median Island Landscape; and, (4) Outlot requirements stipulated within the Department of Public Works memorandum from the Parks Supervisor dated January 11,2010. Revised Vesting Tentative Tract Map No.T-5966/UGM F-ebPlUary-� June 10,2010 Page 9 of 14 STREETS AND RIGHTS-OF-WAY 36. 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. 37. Comply with all of the requirements of the Public Works Department, Engineering Division memorandums dated February 02nd and February 06"',2010. • NOTE: For the purposes of this project, where any discrepancy may exist between the two memoranda referenced above the memorandum from the Traffic Engineering Manager dated February 06th shall take precedence. SANITARY SEWER SERVICE The nearest sanitary sewer mains to serve the proposed project are a 10-inch main located in North Chestnut Avenue,an 8-inch sewer main located in East International Avenue,and an 8- inch main located in East Prestwick Avenue. Sanitary sewer facilities will be available to provide service to the tract subject to the following requirements: 38. Comply with all of the requirements of the attached Public Utilities Department,Planning and Engineering Division memorandum dated January 12,2010. WATER SERVICE The following conditions are required to provide water service to the tract: 39. Comply with all of the requirements of the attached Department of Public Utilities,Water Division memorandum dated February 12,2010. SOLID WASTE SERVICE This tract will be serviced as Single Family Residential Properties with Basic Container Service,subject to the following conditions: 40. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated February 11,2010. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 41. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated January 13,2010. FLOOD CONTROL AND DRAINAGE 42. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Planning and Development Department dated February 17,2010. Revised Vesting Tentative Tract Map No.T-5966/UGM February 17,2010 June 10,2010 Page 10 of 14 COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH 43. Comply with all of the requirements of the attached County of Fresno Department of Community Health memorandum dated January 21,2010. FRESNO AREA EXPRESS(FAX) 44. Provide for an 80-foot "far-side" bus bay and 60-foot transition per City of Fresno Standard P-73. 45. Provide a reinforced 6-inch concrete pad under shelter in accordance with City of Fresno Standard P-88. 46. The depth of the bus bay,currently shown at 8 feet,to be reviewed and approved by the Department of Public Works,Traffic Engineering Division(reference Traffic Engineering memorandum dated February 02,2010). FRESNO IRRIGATION DISTRICT 47. Attached for the developer/subdivider's records and consideration is the memorandum from Fresno Irrigation District dated February 02,2010. CLOVIS UNIFIED SCHOOL DISTRICT 48. The developer/subdivider shall comply with all of the requirements of the attached Clovis Unified School District memorandum dated January 20,2010. RIGHT-OF-WAY ACQUISITION 49. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 50. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing,pole relocation,and shoulder grading. In general,this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 51. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 52. Should such acquisition not be accomplished by the subdivider prior to Final Map approval,the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department,Engineering Division/Real Estate Section,an appraisal report or a request for an estimated appraisal amount(to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. Revised Vesting Tentative Tract Map No. T-59661UGM FebFuary 170 June 10, 2010 Page 11 of 14 53. 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 54. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for maintenance of such items. a) Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street right-of-ways (includes parkways and one-half of median islands in major streets), landscape easements, trails and outlots associated with the subdivision. All outlots shall be dedicated to the City of Fresno for maintenance purposes and any related work required. • 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) Maintenance of sidewalks and street furniture as approved by the Public Works Department within the street right-of-way and the landscape easements associated with the subdivision. c) Maintenance of all landscape and irrigation systems on sides and in medians, decorative concrete and pilasters included as entry treatments to the tract. d) Maintenance of all local street curbs, gutters and sidewalks, and median islands as approved by the Public Works Department within the boundary of the tentative map. e) Maintenance and operating costs of all local street lights as approved by the Public Works Department within the boundary of the tentative map. f) Maintenance of all street trees as approved by the Public Works Department within the boundary of the tentative map. 51. If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. a) Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (http://www.fresno.gov) under the Public Works Department Developer Doorway. 52. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. This shall include a Street Tree Location and Street Tree Species (by street) map. Revised Vesting Tentative Tract Map No.T-5966/UGM FebruaFy 17,2010 June 10,2010 Page 12 of 14 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. 53. 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. 54. 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. 55. Should the City Council or owner/developer choose not to include the maintenance items listed above in a CFD, then the property owner/developer shall create a homeowners' association for the maintenance of these items and proposed private streets,utilities,and walls/gates. a) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the Fresno Municipal Code. The agreement with the City described herein,shall among other things,specify level of effort and frequency, insurance requirements,traffic control,and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met,then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions(CC&Rs)and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11,1985. Revised Vesting Tentative Tract Map No.T-5966/UGM €elan ary'� T,20T June 10,2010 Page 13 of 14 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[2] $344.00/living unit Service Area:Herndon d. Wastewater Facilities Charge[3] $2,119.00/living unit e. Herndon Trunk Sewer Capacity Enhancement[2] $893.00/living unit f. Copper Avenue Sewer Lift Station Charge[4] N/A g. House Branch Sewer Charge[2] N/A WATER CONNECTION CHARGES FEE RATE h. Service Connection Charge Fee based on service(s)and meter(s) sizes specified by owner; fee for service(s)and Meter(s) established by the Master Fee Schedule i. Frontage Charge[4] $6.50/lineal foot j. Transmission Grid Main Charge[4] $643.00/gross acre(parcels 5 gross acres or more) k. Transmission Grid Main Bond Debt Service Charge[4] $243.00/gross acre(parcels 5 gross acres or more) I. UGM Water Supply Fee[2] $456.00/living unit Service Area:101-S m. Well Head Treatment Fee[2] $0.00/11ving unit Service Area: 101 n. Recharge Fee[2] $0.00/living unit Service Area: 101 o. 1994 Bond Debt Service[4] $895.00/living unit Service Area:101 Revised Vesting Tentative Tract Map No.T-5966/UGM i=ebFNa,,.�0 June 10,2010 Page 14 of 14 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE p. Fire Facilities Impact Fee—Citywide[4] $539.00/living unit q. Park Facility Impact Fee—Citywide[4] $2278.00/living unit r. Quimby Parkland Dedication Fee[2] $1120.00/living unit s. Citywide Regional Street Impact Fee[4] $8,361.00/adj.acre t. New Growth Area Major Street Fee[4] $18,790.00/adj.acre u. Police Facilities Impact Fee—Citywide[4] $624.00/living unit v. Traffic Signal Charge[4] $450.94/living unit Notes: On July 22,2008,the Fresno County Board of Supervisors passed Ordinance No.2008—023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. [1]Deferrable through Fee Deferral Covenant. [2]Due at Final Map. [3]Due at Building Permit. [4]Due at Certificate of Occupancy. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT REVISED CONDITIONS OF APPROVAL JUNE 10, 2010 CONDITIONAL USE PERMIT APPLICATION NO. C-09-280 "A PLANNED DEVELOPMENT" NORTHWEST CORNER OF THE INTERSECTION OF EAST INTERNATIONAL AND NORTH CHESTNUT AVENUES PART A- PROJECT INFORMATION 1. Assessor's Parcel No(s): 578-010-14 2. Street Location: Located on the northwest corner of the intersection of East International and North Chestnut Avenues. (Council District 6, Councilmember Brand) 3. Existing Zoning "R-1-UGM" (Single Family Residential/Urban Growth Management) zone district. 4. Proposed Zoning "R-1-UGM" (Single Family Residential/Urban Growth Management) zone district. 5. Planned Land Use: Medium-Low Density Residential (2.19-6.00 dwelling units/acre) 6. Plan Areas: Woodward Park Community Plan 7. Project Description: Requests authorization to establish a public street planned development with modified property development standards for lots proposed to be created by Revised Vesting Tentative Tract Map No. 59661UGM. PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on February 17, 2010, approved the special permit application subject to the enclosed list of conditions and Exhibit(s) "A," "E° & "L" dated February 17, 2010. • NOTE: The Planning and Development Director, on June 10, 2010, approved the revised special permit application subject to the enclosed list of conditions, Exhibits"E" & "L" dated February 17, 2010; and, Revised Exhibit"A" dated June 03, 2010. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 Petr ary 17z010 June 10,2010 Page 2 of 13 include conditions based on adopted City plans and policies,those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health,safety,and welfare of the community,and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval may be appealed. All code requirements,however,are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed either verbally or in writing to the City of Fresno Planning Commission at the scheduled public hearing regarding Conditional Use Permit Application No.C-09-280 and Vesting Tentative Tract Map No.T-5966/UGM. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative,architect,engineer,or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including,but not limited to,the following: 1. All existing and proposed improvements including but not limited to buildings and structures,signs and their uses,trees,walls,driveways,outdoor storage,and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements,rights-of-way and any actual or potential prescriptive easements or uses of the subject property;and, 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit,the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note on the site plan.) No uses of land,buildings,or structures other than those specifically approved pursuant to this site plan shall be permitted.(Include this note on the site plan.) Transfer all red line notes, etc., shown on the original site plan exhibit to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. Revised Conditions of Approval Conditional Use Permit Application No. C-09-280 FmebFuapy 17, 2010 June 10, 2010 Page 3 of 13 The exercise of rights granted by this special permit must be commenced by February 17, 2014 (four years from the date of Director approval). There is no exception. To complete the back-check process for building permit relative to planning and zoning issues, submit copies of this corrected, final site plan, together with copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division for final review and approval,ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan check Prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please contact Will Tackett at (559) 621-8063 or via e-mail at Will.Tackett@fresno.gov to schedule an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees,dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relating to dedications, street improvements or off-street parking geometrics maybe directed to Louise Gillo at (559) 621-8678 1 Louise.Gilio fresno. ov of the City of Fresno Public Works Department, Engineering Division, Traffic Section. 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes, guy Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 February 17,2010 June 10,2010 Page 4 of 13 wires,signs,fire hydrants,bus stop benches,mail boxes,news stands,trash receptacles, tree wells,etc.,within the existing and proposed public rights-of-way. b) Provide and identify a minimum four(4)foot wide path of travel along the sidewalk directly in front of all properties created within the subdivision as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 requirements cannot be met within the existing public right-of-way. c) ENCROACHMENT PERMITS. The construction of any overhead,surface or sub-surface private structures and appurtenances extending within the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559)621-8693. Encroachment permits must be approved prior to issuance of building permits. d) DEDICATIONS. The following dedication requirements must be satisfiedrp for to the issuance of building permits: • Dedications shall take place in accordance with the Conditions of Approval of Revised Vesting Tentative Tract Map No.5966/UGM dated February 17,,-2.040 June 10,2010. e) VACATIONS. The following vacation requirements must be satisfiedrp for to issuance of building permits: • There are no vacations required at this time. 2. STREET IMPROVEMENTS a) All public improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno,Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way(including pedestrian,water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division at(559)621-8693, prlOr to commencement of the work. Contact the Public Works Department,Engineering Services Section at(559)621-8686 for detailed information. All required street improvements must be completed and accepted by the Cityrp IOr to occupancy. b) Existing off-site concrete improvements to remain in place shall be repaired if damaged and/or off grade as determined by the Public Works Department, Construction Management Division (559) 621-5500. Such repairs must be completed prior to final occupancy. c) Design and construct curb,gutter,AC paving,and residential sidewalk patterns to Public Works standards,specifications,and policies. Plans shall be prepared bya registered Civil Engineer. Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 FebF , ,17,moo^1 June 10,2010 Page 5 of 13 • NOTE: Reference Conditions of Approval for Revised Vesting Tentative Tract Map No. 5966/UGM,dated€ebr-uaryr 172810 June 10,2010,for requirements respective to major and interior local public streets. d) Provide curb ramps at all corners within the limits of this subdivision. e) Install streetlights on all frontages to City Standards as determined by the City Traffic Engineer.Street lighting plans are required and must be approved by the Public Works Department/Engineering Services p1!gf to commencement of the work. f) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011,Section 8-801 and Resolution No.78-522/88-229. g) Provide parkway landscaping. Street trees shall be planted every 60 feet on center. Plans shall be prepared by a landscape architect. h) Submit four copies of a Geometric Approval Drawing (GAD)to Traffic Engineering for review and approval,per the attached checklist,prior to submittal of street plans. i) Submit the following as a single package to the Public Works Department Engineering Division,Plan Check and GIS Mapping Section,(559)621-8682,for review and approval, rp for to issuance of building and street work permits: Street Improvement Plans,Signing and Striping Plans,Street Lighting Plans and Landscape and Irrigation Plans. 3. SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice Land Surveying in the State of California. (Include this note on the site plan.) PART D-PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) "R-1,"Single Family Residential District(Section 12-211 of the FMC) ii) "UGM,"Urban Growth Management(Article 4.5 of the FMC) iii) 2025 Fresno General Plan iv) Woodward Park Community Plan 2) ZONING a) Approval of Conditional Use Permit Application No.C-09-280 is contingent upon approval of Vesting Tentative Tract Map No.5966/UGM. Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 €ebruwy-17,2010 June 10,2010 Page 6 of 13 3) POPULATION DENSITY a) Pursuant to the medium-low density residential planned land use designation for the subject property;the subject property shall be developed in accordance with Revised Vesting Tentative Tract Map No.5966/UGM dated February 17,2010 June 03,2010 and Revised Exhibit"A"of Conditional Use Permit Application No.C-09-280 dated June 03,2010. i) Based upon the number of dwelling units(du)allowed per acre,respective to the medium- low density residential planned land use designation,the subject property is required to be developed with between 2.19-6.00 du/acre to meet the density requirements of the 2025 Fresno General Plan and FMC. • NOTE: Pursuant to Vesting Tentative Tract Map No.5966/UGM and Conditional Use Permit Application No.C-09-280,the subject property is proposed to be developed at an overall density of approximately 5.09 du/acre. ii) A subsequent entitlement will be required in order to revise the current development proposal or authorize an alternative development scheme for the subject property. Further environmental review may also be required for any future revisions dependent upon the level of intensification that may be proposed. 4) BUILDING HEIGHT a) No building or structure erected in the R-1(Single Family Residential)zone district shall have a height greater 35 feet. b) All accessory buildings on the subject property,or lots proposed to be created by Revised Vesting Tentative Tract Map No. 5966/UGM dated FreeruaFy 17,2010 June 03,2010 shall comply with the requirements and provisions of the development standards of the FMC for the R-1 zone district and are subject to the provisions of Section 12-306-N-1(Accessory Buildings) of the FMC. • NOTE: Exceptions. Over height structures may be approved by the City of Fresno Planning Commission or Director of the Planning and Development Department. However,no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. 5) BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS Setbacks shall be provided in accordance with Revised Exhibit"A"of Conditional Use Permit Application No.C-09-280 and the Conditions of Approval for Revised Vesting Tentative Tract Map No.5966/UGM dated February 17,20100 June 10,2010. a) Any proposed deviation from the building setbacks established by Exhibit"A"of Conditional Use Permit Application No.C-09-280 requires a revision to Conditional Use Permit Application Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 FebnuaFy 200 June 10,2010 Page 7 of 13 No.C-09-280. b) Spaces between buildings shall be provided in accordance with the approved building setbacks and building envelopes for individual properties respective to Revised Exhibit"A"of Conditional Use Permit Application No. C-09-280 and the Conditions of Approval for Revised Vesting Tentative Tract Map No.5966/UGM dated Pebr6iapy 172910 June 10,2010. c) Proposed structures are required to be found in compliance with the fire resistive standards of the Uniformed Building Code. In the event structures do not comply they must be modified so as to meet the requirement. 6) LOT COVERAGE a) Lot coverage shall be permitted in accordance with the approved building setbacks and building envelopes for individual properties respective to Revised Exhibit"A"of Conditional Use Permit Application No.C-09-280 and the Conditions of Approval for Revised Vesting Tentative Tract Map No.5966/UGM dated PebFuary 2048 June 10,2010. 7) OPEN SPACES AND LANDSCAPING The subdivider shall provide and maintain all landscaping(and irrigation systems)in accordance with the Conditions of Approval of Revised Vesting Tentative Tract Map No. 5966/UGM dated €ebruar-y 17,281.9 June 10,2010,and the following: a) A landscape plan shall be submitted and approved for all open space and recreational areas within the development. • NOTE: Open space areas shall be landscaped by the developer in accordance with the approved plan and shall thereafter be maintained by the property owner/subdivider;or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. b) All yards (including private) and areas designated for open space purposes shall be landscaped and maintained in accordance with Sections 12-306-N-24 of the FMC. i) All yards and landscaped areas located adjacent to street frontage shall be provided automatic irrigation systems. c) All yards(including private)and areas designated open space purposes shall comply with the water efficient landscape standards in accordance with Section 12-306-N-23 of the FMC. d) Landscaping adjacent to walls or fences accessible to the public shall comply with the City of Fresno"Anti-Graffiti Landscaped Buffer Development and Planting Standards." e) Provide a minimum of 364 medium sized trees on-site per FMC Section 12-306-N-24-g and in accordance with the following: Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 FebFwwy 17,2019 June 10,2010 Page 8 of 13 i) Provide a minimum of one medium size tree for each required parking space,plus one medium sized tree for each residential unit. • NOTE: One medium size tree is defined as attaining a height of 30-60 feet at maturity. Two small size trees,up to 30 feet high at maturity may be substituted for one medium size tree. f) No building permit shall be issued for any development for which a special permit has been issued until the requirements for street trees as provided in Article 3 of Chapter 11 of the FMC have been met and street tree inspection fees paid pursuant to the Master Fee Schedule. i) Fresno Municipal Code requires one (1) street tree per 60 linear feet of public street frontage. • NOTE: The Department of Public Works may approve a request for waiver of street tree requirements if the applicant agrees to plant a minimum of one(1)tree(of similar type and size)for every 60 linear feet of street frontage on private property within ten feet of the back of the sidewalk. • NOTE: An approved landscape plan,properly scaled and dimensioned,shall serve as a street tree planting permit for on-site trees not in the public right of way. A copy of this plan shall be kept at the job site at all times. g) Street trees shall be planted by the property ownerand shall be inspected bythe City pursuant to the payment of street tree inspection fees. The property owner is required to provide and irrigation system with ongoing water supply. h) One drainage hole,a minimum diameter of two(2)feet,shall be drilled for each tree to be planted. The depth of the drainage hole shall be determined as follows: i) Hole must penetrate through and beyond any underlying paving material or hardpan soil stratum. ii) Hole shall be drilled to a depth where visual evidence of the subsurface sand or gravel drainage is apparent. iii) If there is no apparent drainage stratum,the drainage hole shall be drilled a minimum of ten (10)feet deep. i) The backfilling of drainage holes shall comply with the Standard Specifications or as determined by the engineer. j) Complete a minimum waiting period of 20 days after drilling before any planting can begin. k) Call(559)621-5600 to notify the Public Works Department Construction Management Division Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 FebruaFy 17,2010 June 10,2010 Page 9 of 13 72 hours prior to tree hole drilling/tree planting in the public right-of-way,in order to verify tree locations,to obtain inspection of drilling operations,and to check backfilling procedures and safety barriers. 1) All planting, irrigation and related work shall comply with the City of Fresno Public Works Department Standard Specifications,Section 25 and 26. m) All landscaping and related work to be performed within the city right-of-way shall be done by a qualified contractor and requires a street encroachment permit from the Public Works Department prior to commencement. Call(559)621-8685 for information on encroachment permits and required insurance and bonding. n) Trees shall be maintained in good health. Trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree,except as necessary for the health of the tree and public safety;or as may otherwise be approved by the Planning and Development Department. (Include this note on the site plan and landscape plan.) o) All vegetation shall be maintained free of physical damage or injury from lack of water,excess chemical fertilizer or other toxic chemical,blight,or disease,and any such vegetation which shows signs of such damage or injury at any time shall be replaced by the same,similar,or substitute vegetation of a size,form,and character,which will be comparable at full growth. p) Landscaping shall be kept free from weeds and undesirable grasses. q) Submit copies of landscaping and irrigation plans prepared by a landscape professional, showing the number and types of trees, to the Planning Division. These plans must be reviewed and approved prl0r to obtaining building permits. r) Landscaping must be in place before issuance of the certificate of occupancy for each individual dwelling. i) A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation bythe Planning Division. (Include this note on the site and landscape plans.) • NOTE: The hold on occupancy may be released at the discretion of the Planning and Development Department to subjectively accommodate inappropriate planting conditions,which are outside of the control of the developer/subdivider(e.g.weather conditions which may be prohibitive to planting in a timely and appropriate manner, etc.). • NOTE: The use of utilities for temporary occupancy may be allowed by the Building Official pursuant to FMC Section 13-100.110.1.2 et seq. s) Prior to granting of final occupancy,a written certification,signed by a landscape professional approved by the Planning and Development Department Director,shall be submitted stating Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 €ebruaFy 47,2010 June 10,2010 Page 10 of 13 that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division. (Include this note on the site and landscape plans.) 8) FENCES,HEDGES,AND WALLS Fences, hedges and walls shall be provided in accordance with the Conditions of Approval of Revised Vesting Tentative Tract Map No.5966/UGM dated February 4�—'2^10 June 10,2010 and the following: a) All fences,hedges and walls shall conform to the provisions of Section 12-306-H of the FMC except as may be modified herein. b) Clearly depict any proposed/existing fences,hedges and walls on Exhibits"A"of Conditional Use Permit Application No.C-09-280. Note that all proposed/existing fences,hedges and walls must comply with all policies,ordinances,regulations,etc.of the City of Fresno,Planning and Development Department. c) Only those fences,hedges and walls as shown on the site plan shall be reviewed for approval. d) Submit a rendering depicting the fence,hedge or wall height,material,location etc.for review and approval. e) All future proposed fences, hedges and walls,etc.shall be reviewed and approved RE121 to installation by the City of Fresno,Planning and Development Department. (Include this note on the site plan.) f) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind,vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard,which may occur as a result of improper fence installation or damage to the fence. 9) ACCESS a) There shall be vehicular access from a dedicated and improved street,alley or recorded private access to off-street parking facilities. b) There shall be pedestrian access from a dedicated and improved street, alley or recorded private access to property used for residential purposes. c) Vehicular and/or pedestrian access shall be maintained and remain clear at all times. d) Provide vehicular and/or pedestrian access as noted on Revised Exhibit"A"of Conditional Use Permit Application No. C-09-280 and as indicated per Conditions of Approval for Revised Vesting Tentative Tract Map No.T-5966/UGM dated February 7,2010 June 10,2010. Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 €ebruary-1-7,2010 June 10,2010 Page 11 of 13 i) Pedestrian walkways and handicap access shall be clearly delineated on the site plan. 10)OUTDOOR ADVERTISING AND MARKETING a) Signs,other than directional signs,if applicable,are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. (Include this note on the site plan). 11)BUILDING ELEVATIONS All residential dwellings in the subject planned development shall be subject to review and approval by the Planning and Development Department in accordance with the following: b) Clearly identify all condensing units,air conditioning and heating units on the site and elevation plans. Roof mounted mechanical equipment shall be recessed and shall not be visible from the public right-of-way(or private street)or shall be placed on the ground outside of the required yards. c) Pursuant to Policy numbers C-204,C-21-a,C-21-b and C-21-c of the 2025 Fresno General Plan,all proposed buildings shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless"blank"walls. Design measures should be utilized to avoid large scale,massive,monolithic,and repetitive"institutional"visual appearances. This may be accomplished by varying the building footprint with indentations, projections,offsets,different building materials,or adding polyfoam with a stucco finish to add visual interest and to break up monotonous walls. Submit elevations inclusive of modifications for review and approval. i) Second-story windows should be directed, to the extent feasible, away from adjacent single-story residential uses; or, adequate setback and landscape screening shall be provided to protect the privacy of adjacent properties. ii) Roofing material shall consist of:architectural grade composition roofing guaranteed by the manufacturer for at least 20 years; cement or clay tile; treated wood shakes; and/or, architectural-grade metal and coated non-glare decorative metal roofing products. iii) Garage doors with decorative features(which may include windows)shall be provided for each dwelling on all lots within the subdivision which front onto,and gain access from a street. iv) Where proposed attic vents shall be decorative,consistent with the style and character of each home. Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 Coi-ebFwary=17 2010 June 10,2010 Page 12 of 13 PART E-CITY AND OTHER SERVICES TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS a. Comply with all of the requirements of the attached Public Works Department,Engineering Division memorandums dated February 02nd and February 06"',2010 and any requirements noted on Exhibits"A"of Conditional Use Permit Application No.C-09-280. SOLID WASTE COLLECTION b. Comply with all of the requirements of the attached Department of Public Utilities,Solid Waste Management memorandum dated February 11,2010. FIRE PROTECTION REQUIREMENTS c. Comply with all of the requirements of the attached City of Fresno Fire Department memorandum dated January 13,2010. STREET TREES BUFFER PARKWAY AND MEDIAN ISLAND LANDSCAPING d. Comply with all of the requirements of the attached Department of Public Works Engineering Division memorandum from the Parks supervisor dated January 11,2010. FLOOD CONTROL REQUIREMENTS e. Comply with all of the requirements of the attached Fresno Metropolitan Flood Control District memorandum dated February 17,2010. PUBLIC UTILITIES REQUIREMENTS f. Comply with all of the requirements of the attached Department of Public Utilities,Planning and Engineering Division memorandums dated January 12,2010 and February 12,2010. COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH g. The developer/subdivider shall comply with all of the requirements of the County of Fresno Department of Community Health memorandum dated January 21,2010. FRESNO IRRIGATION DISTRICT(FID) h. Attached for the subdivider/developer'records and consideration is the Fresno Irrigation District memorandum dated February 02,2010. SCHOOL FEES i. Comply with all of the requirements of the attached Clovisl Unified School District memorandum Revised Conditions of Approval Conditional Use Permit Application No.C-09-280 Februapy 17,2010. June 10,2010 Page 13 of 13 dated January 20,2010. PART F-MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1) If archaeological and/or animal fossil material is encountered during project surveying,grading, excavating,or construction,work shall stop immediately. 2) Ifthere are suspected human remains,the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin,the Native American Heritage Commission(Phone:916/653-4082)shall be immediately contacted,and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone:805/644-2289)shall be contacted to obtain a referral list of recognized archaeologists.An archaeological assessment shall be conducted for the project,the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoid an ce/preservation. 3) If animal fossils are uncovered,the Museum of Paleontology,U.C.Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and,if the paleontologist determines the material to be significant,it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. Gly 1L. ,��, REPORT TO THE PLANNING COMMISSION rn�� AGENDA ITEM NO. VIII.B. COMMISSION MEETING 02/17/10 February 17, 2010 APPROVED BY FROM: JERRY D. BISHOP, Assistant Director/ Planning and Development Department PARTMENT DIRECT r KEITH R. BERGTHOLD, Assistant Director Planning and Development Department THROUGH: MIKE SANCHEZ, Planning Manager Planning Division BY: WILL TACKETT, Planner III Planning Division SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-09-280, VESTING TENTATIVE TRACT MAP NO. 5966/UGM; AND, ENVIRONMENTAL ASSESSMENT NO. C-09-280/T-5966. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1 . ADOPT the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 dated January 15, 2010, which was prepared for Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM. 2. APPROVE Conditional Use Permit Application No. C-09-280 subject to compliance with the Conditions of Approval dated February 17, 2010. 3. APPROVE Vesting Tentative Tract Map No. 5966/UGM subject to compliance with the Conditions of Approval dated February 17, 2010. EXECUTIVE SUMMARY Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of Bonadelle Homes, property owner, has filed Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM pertaining to approximately 35.79 net acres (38.61 gross acres) of property located on the northwest corner of the intersection of East International and North Chestnut Avenues. Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM propose to develop and subdivide the subject property for the purposes of creating a proposed 182-lot single family residential public street planned development subdivision on the subject property with modified lot area, lot dimension, lot coverage, and building setback requirements at an overall density of approximately 5.09 dwelling units/per acre. An additional two "Oul:lots" are proposed to be dedicated for public open space purposes. The subject property is currently zoned under the R-1/UGM (Single Family Residential/Urban Growth Management) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan and Woodward Park Community Plan, which designate the subject property for Medium-Low Density Residential (2.19-6.00 dwelling units/acre) planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-09-280 Vesting Tentative Tract Map No. 5966/UGM February 17, 2010 Page 2 Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing R-1 (Single Family Residential) zone district and the proposed project density of approximately 5.09 dwelling units per acre may be found to be consistent with the Medium-Low Density Residential planned land use designation. The development and subdivision of the subject property in accordance with Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM will bring the subject property into conformance with the 2025 Fresno General Plan and Woodward Park Community Plan. PROJECT INFORMATION PROJECT Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM propose to create a 182-lot single family residential private street planned development with modified lot area, lot dimension, lot coverage, and building setback requirements at an overall density of approximately 5.09 dwelling units/per acre. An additional two outlots are proposed to be dedicated for public open space purposes. APPLICANT Bonadelle Homes. LOCATION Northwest corner of the intersection of East International and North Chestnut Avenues. (Council District 6, Councilmember Brand) SITE SIZE Approximately 35.79 net acres/38.61 gross acres LAND USE Existing - Single Family Residence Proposed - Single Family Residential ZONING Existing & Proposed - R-1/UGM (Single Family Residential District/ Urban Growth Management) 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-B-1 (Zone District Consistency Table) of the FMC, the existing R-1/UGM zone district designation for the subject property and the proposed density of approximately 5.09 dwelling units per acre are consistent with the 2025 Fresno General Plan and the Woodward Park Community Plan planned land use designation of Medium-Low Density Residential (2.19-6.00 dwelling units per acre) for the subject property. ENVIRONMENTAL Finding of Project Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097) and Mitigated Negative Declaration No. A-09-02 (SCH #2009051016) REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-09-280 Vesting Tentative Tract Map No. 5966/UGM February 17, 2010 Page 3 PLAN COMMITTEE District 6 Plan Implementation Committee unanimously recommended RECOMMENDATION approval of Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM at the regular scheduled meeting held on January 11, 2010. STAFF Recommend Commission adopt Environmental Assessment No. RECOMMENDATION C-09-280/T-5966; and, approve Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM subject to compliance with the Conditions of Approval dated February 17, 2010. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North R-1-C/UGM edium-Low Density Residential Single Family Residential/Urban Growth Single Family Residential Management South R-1/UGM Medium-Low Density Residentia Single Family ResidentiaUUrban Growth Single Family Residential Management East R-1/UGM Public Facility/High School Single Family ResidentiaUUrban Growth High School Management West R-1/UGM Medi um-Low Density Residential Single Family Residential/Urban Growth Single Family Residential Management ENVIRONMENTAL FINDING The Planning and Development Department staff have prepared an initial study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan, the related Master Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097), and Mitigated Negative Decalaration (MND) No. A-09- 02 (SCH # 2009051016). The subject property has been proposed to be developed at an intensity and scale that is permitted by the Medium-Low Density Residential (2.19-6.00 dwelling units/acre) planned land use designation and existing R-1/UGM (Single Family Residential/Urban Growth Management) zone district classification for the subject site. Thus, the subdivision of the subject property in accordance with Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. If has been further determined that all applicable mitigation measures of MEIR No. 10130 and MND No. A-09-02 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 and MND No. A-09-02 as provided by CEQA Section 15177(b)(3). REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-09-280 Vesting Tentative Tract Map No. 5966/UGM February 17, 2010 Page 4 Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to the specific project proposal, the environmental impacts noted in the MEIR, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the Medium-Low Density Residential planned land use designation specified for the subject property. Based on the initial study prepared, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND No. A-09-02 (as indicated on the attached Environmental Assessment Checklist) for the reasons discussed within the environmental assessment for the subject project; and, (3) No new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND. Therefore, the project proposal has been determined to be within the scope of the MEIR and MND as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR No. 10130 dated January 15, 2010, with no comments received to date. In addil:ion, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the MND adopted; and, that no new information, which was not know and could not have been known at the time that the MEIR was certified as complete or the MND was adopted, has become available. BACKGROUND/ANALYSIS Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of Bonadelle Homes, property owner, has filed Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM pertaining to approximately 35.79 net acres (38.61 gross acres) of property located on the northwest corner of the intersection of East International and North Chestnut Avenues. Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM propose to develop and subdivide the subject property for the purposes of creating a proposed 182-lot single family residential public street planned development subdivision on the subject property with modified lot area, lot dimension, lot coverage, and building setback requirements at an overall density of approximately 5.09 dwelling units/per acre. An additional two "Outlots" are proposed to be dedicated for public open space purposes. The subject property is currently zoned under the R-1/UGM (Single Family Residential/Urban Growth Management) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan and Woodward Park Community Plan, which designate the subject property for Medium-Low Density Residential (2.19-6.00 dwelling units/acre) planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone District Consistency Table) of the Fresno Municipal Code (FMC), the existing R-1 (Single Family Residential) zone district and the proposed project density of approximately 5.09 dwelling units per acre may be found to be consistent with the Medium-Low Density Residential planned land use designation. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-09-280 Vesting Tentative Tract Map No. 5966/UGM February 17, 2010 Page 5 One single family residence currently exists on the subject property and is proposed to be retained within the proposed planned development (see proposed Lot 113 of Vesting Tentative Tract Map No. 5966/UGM). Property located directly to the east of the subject property and across North Chestnut Avenues has been developed with a High School campus by Clovis Unified School District. Property located directly to the north, south (across East International Avenue), and west of the subject property have been developed with single family residences on Medium-Low density sized lots. Public Resources The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project subject to the provision of private on-site sanitary sewer mains and the construction and installation of public water facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies and the provision of two independent sources of water, meeting Federal and State Drinking Water Act Standards. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130 and the Water Resources Management Plan will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. The subject property is within one mile of City of Fresno Fire Station No. 17. The City of Fresno Fire Department has conditioned the proposed project with requirements for installation of fire hydrants and the provision of adequate fire flows per Public Works Standards with two sources of water; and, payment of the Citywide Fire Facilities Irripact Fee. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent drainage service will be available for the development subject to the developer constructing FMFCD "Master Plan Facilities" and "Non-Master Plan Facilil:ies" as determined by the district. Amendments or modifications to the FMFCD requirements will be required to be approved by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code, prior to approval of the final map. The project applicant is undergoing negotiations with FMFCD regarding alternatives to preliminary drainage requirements. Settled requirements will be provided for the record and formally incorporated into the conditions of approval for Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM at the scheduled Planning Commission hearing. Streets and Access Points The project is a public street planned development that will take access from both East International and North Chestnut Avenues. The 2025 Fresno General Plan Circulation Element designates East International and North Chestnut Avenue as "Collector" streets. The project will be required to construct all frontage improvements to City Standards. Right-of-way dedications and/or vacations will also be required along adjacent public streets in accordance with City of Fresno requirements to provide for the necessary improvements. This subdivision is proposed to have one major street entryway from East International Avenue and one major street entryway from North Chestnut Avenue. Major street entryways are proposed utilizing a 60- foot wide street right-of-way cross-section with median for traffic calming and aesthetics. Six-foot wide sidewalks are required along the adjacent major street segments. Interior local street connectivity with existing adjacent residential developments will also be provided at the northwesterly corner of the subject property (East Prestwick Avenue alignment to west of subject property was dedicated with Tract 4903 in 2002). Interior local streets are proposed to be dedicated for public use and utilize 50-foot wide street right-of-way sections. The 50-foot wide street right-of-way section provides for vehicular parking REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-09-280 Vesting Tentative Tract Map No. 5966/UGM February 17, 2010 Page 6 and sidewalks on both sides of streets and parkway landscaping. One traffic circle will also be incorporated along the proposed North Whitney Avenue alignment, which exceeds 800 feet in length. As required by the mitigation measures established by the certification of MEIR No. 10130, a Traffic Impact Study (TIS) was prepared for the proposed development of the subject property. Applying the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual, the proposed 182-lot residential planned development on approximately 35.79 net acres of land, it is projected that 136 vehicle trips will occur during the morning peak hour travel period (7 to 9 a.m.) and 183 vehicle trips will occur during the eveningpeak hour travel period (4 to 6 p.m.). The Public Works Department, Traffic Engineering Division has reviewed the proposed conditional use permit and vesting tentative tract map applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to requirements for improvements and right-of-way dedications as listed within the City of Fresno Department of Public Works memorandums dated February 02, 2010 and February 06, 2010. These improvements and dedication requirements generally include: the dedication and improvement of adjacent portions of East International and North Chestnut Avenues; dedication, improvements, and signalization obligations at the intersection of East International and North Chestnut Avenues; and, construction of center section travel lanes and two-way left turn lane within the limits of the proposed subdivision and north to East Copper Avenue (North Chestnut Avenue). The developer of this project will be required to pay impact fees specific to the project's fair share towards the State Route 41 interchange at Friant Road. The project will also be required to pay the Traffic Signal Mitigation Impact (TSMI) Fee of $450.94 per single family dwelling unit at the time of occupancy, based on the trip generation rates set forth in the latest edition of the ITE Trip Generation Manual and the Master Fee Schedule. The intersection of East International and North Chestnut Avenues is required to be signalized to City of Fresno Standards, complete with left turn phasing, actuation and signal pre-emption (work eligible for reimbursement and/or credit against the TSMI fee). The project will also be required to pay all applicable New Growth Area fees and City-wide regional street impact fees. 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. California Department of Transportation (Caltrans) The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the conditional use permit and vesting tentative tract map applications. Caltrans has indicated that trips from this proposed development will impact the State Route (SR) 41 interchange at Friant Road. The state facility impact fee and the project's proportional fair share to mitigate for project- related impacts to the State Highway System will be calculated based upon the proposed project Traffic Impact Study (TIS) and the "City Formula" attached to the "Interim Agreement for the Identification of Measures to Mitigate Impacts to the State Highway System Resulting from City Approved Projects." The City of Fresno has entered into an interim agreement with Caltrans, as of February 23, 2006, for the identification of measures to mitigate impacts to the state highway system and to impose a mitigation fee as contemplated by the agreement. A project condition has been identified consistent with the interim agreement. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-09-280 Vesting Tentative Tract Map No. 5966/UGM February 17, 2010 Page 7 Landscaping/Walls Given that the proposed subdivision is located adjacent to and abutting major streets (East International and North Chestnut Avenues) within the boundaries of the Woodward Park Community Plan, the development will be required to install landscaping within a minimum 10-foot wide buffer strip along the East International and North Chestnut Avenue collector street frontages. Major street entryways will contain enhanced landscaping, surface materials, and wall treatments that respectively improve and better define the project's visual image and character. "Parkway type" streets (local residential street with sidewalks separated from the street by a landscape strip) and "endblock" landscape treatments will provide enhanced landscaping throughout the proposed subdivision and buffer and protect fences from streets and vandalism. The proposed subdivision also provides two Outlots for use as landscaped pedestrian connections/walkways in order to link the neighborhood to reach destinations such as the adjacent school. The proposed Outlots are proposed at the southeasterly corner of the subject property in an attempt to promote pedestrian connectivity to the controlled intersection crossings and deter potential mid-block pedestrian crossings. Requirements for the improvement and maintenance of open space areas are stipulated within the conditions of approval for Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM. Solid masonry sound attenuation walls will be required to be constructed along the east and south property lines of the subject property to mitigate noise from adjacent North Chestnut and East International Avenues and prevent-the creation of"double-frontage lots". Approximately 1.65 acres (71,652 square feet) of the subject property, or approximately 4.6 percent of the site area, has been designated for the purpose of open space as defined by the City of Fresno Proposed Guidelines for Landscaped Open Space and Pedestrian Walkway Requirements for Residential Development. Open space areas are comprised of landscaped entryways, landscaped pedestrian paths, and end-block landscape treatments. Although the City of Fresno's proposed guidelines for open space also recommend requiring aggregated open space (small parks) for all subdivisions that are 10 net acres in area or greater, staff have conceded this requirement due to the immediate proximity of the Clovis Unified School District High School campus located (directly across North Chestnut Avenue from the subject property). The provision of proposed Outlots "A" and "B" help to assure that appropriate pedestrian connections are provided, which will encourage pedestrian traffic to utilize the controlled major street intersection crossings for this purpose. District 2 Plan Implementation Committee The District 6 Plan Implementation Committee unanimously recommended approval of the proposed project at its regular meeting held January 11, 2010. No recommendations were provided from the Committee respective to this project. Conditional Use Permit Findings Conditional Use Permit Application No. C-09-280 provides for the development of a 182-lot, single family residential public street planned development with two Outlots proposed to be dedicated for public open space purposes; and, modified lot area, lot dimension, lot coverage, and building setback requirements at an overall density of approximately 5.09 dwelling units/per acre. The 182-single family residential lots proposed range from approximately 4,500 square feet in area to approximately 14, 500 square feet in area (excepting proposed Lot 113 of Vesting Tentative Tract Map No. 5966/UGM on which the existing residence located on the subject property will remain.. The conditional use permit will also provide for reduced front and rear yard setbacks as are typically provided in planned development subdivisions. Proposed typical building envelopes provide for front and rear yard setbacks to be no less REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-09-280 Vesting Tentative Tract Map No. 5966/UGM February 17, 2010 Page 8 than 15 feet in width and side yards to be no less than five feet in width. One-car, two-car, and three- car garages are optional throughout the subdivision. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with all of the conditions of approval noted, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code (FMC) can be made. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a. All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features; and, Finding The subject site is approximately 35.79 net acres in size. Given that the subject site has a: been proposed to be subdivided into 182 residential lots, with lot sizes ranging from 4,500 to 14,500 square feet in area, there is adequate space to meet all applicable requirements of the Code as established in the Special Permit conditions of approval dated February 17, 2010; including yards, spaces, walls and fences, parking, landscaping and open spaces and other required features. b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and, IStaff from the Public Works Department, Transportation Planning section has estimated Finding b. that the proposed development will generate approximately 136 a.m./183 p.m. peak hour vehicle trips which can be accommodated by the adjacent streets subject to the dedication and improvement of adjacent portions of East International and North Chestnut Avenues in accordance with the Department of Public Works and Public Utilities memorandums referenced above. These requirements are necessary for the traffic generated by the project and to accommodate city services and meet the needs of the proposed subdivision. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of this Code. Finding The staff of the Planning and Development Department has determined that the proposed c: use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. 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). REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-09-280 Vesting Tentative Tract Map No. 5966/UGM February 17, 2010 Page 9 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 Fresno General Plan and Woodward Park Community Plan which designate the site for Medium-Low density residential land uses. Pursuant to Fresno Municipal Code Section 12- 403-B the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for 'the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because all agricultural uses on the subject property have been discontinued. The subject property remains fallow without trees, vegetation, or irrigation to sustain and attract wildlife; or, provide a suitable habitat to species other than vermin. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms to city health and safety standards, specifications, and policies. 5. The proposed subdivision design will not conflict with public easements within or through the site, because the project design and conditions of approval will assure noninterference with any existing or proposed easements on the subject property. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance except as modified in accordance with Planned Development allowances. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Action by the Planning Commission regarding the conditional use permit and vesting tentative tract map are final unless appealed in accordance with the Fresno Municipal Code, Sections 12-406-1 and 12- 1019, respectively. Attachments: Vicinity Map 2008 Aerial Photograph Public Hearing Notice Mailing List Vicinity Map Vesting Tentative Tract Map No. T-5966/UGM dated February 17, 2010 Conditional Use Permit Application No. C-09-280 Exhibits dated February 17, 2010 Conditions of Approval for T-5966/UGM, dated February 17, 2010, including memoranda from responsible or commenting agencies. Conditions of Approval for Conditional Use Permit Application No. C-09-280, dated February 17, 2010, including memoranda from responsible or commenting agencies. Environmental Assessment No. C-09-280/T-5966, Finding of Conformity to the 2025 Fresno General Plan MEIR No. 10130 dated on January 15, 2010. 11= 1 1JE—Cl R A! 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"iii n , • "mss, N s �i zl „ Me."�� ' _ ii ti 9i i IIi i Qi i { Ci i A�i Si i 1� 1� r 1; z '-___Tl L---L L--j, --E 11--- ---3 'L---i Lo }I� �L,. j of'rI-T3 aS`'"'�rn o«;`,'I�eH D,i`'`O";"T^,:,,r�-'`-rai11 r:•r.i r�-.T.rra rr-^en.�i,r,-.�Tn�i r�_._L�I yM_.4 iv Q �o0„ oyeo I ea �t dam I R c 3fIN9V —- N VIlM I Fil&bt�- In;{ ` ^-csr-- �' xp r$,/`_rl� t0�� Of n” O n g N a r M a a A eN a i II N c0 N a j'z« M , ' �� '6'.------�-'`-L:a---'`--L'` --L-'`--1-J -- _ I "! e,.r IMJfI/1-tl Te1N3QIS3tl A11M3 3YJNIS 3vI1N3UIb3a Alla!319N14 , H 2 J .n c'c' '" "'+ ; 'g w�I-a, CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FEBRUARY 17, 201 0 VESTING TENTATIVE TRACT MAP NO. 5966/UGM "A PLANNED DEVELOPMENT" NORTHWEST CORNER OF THE INTERSECTION OF EAST INTERNATIONAL AND NORTH CHESTNUT AVENUES All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map: 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. 5966/UGM, the subdivider may prepare a Final Map in accordance with the approved tentative map, and Conditional Use Permit Application No. C-09-280. 2. An Air Impact Assessment (AIA) application for the proposed project shall have been submitted to the San Joaquin Valley Air Pollution Control District prior to the submittal/acceptance of any phase of the Final Map for recordation/processing. 3. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 4. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 5. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 2 of 14 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. 6. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 7. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of -the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. -rhe relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 8. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 10. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 11. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. GENERAL INFORMATION 12. The Phillips No. 158 private canal traverses the subject property and is proposed to be undergrounded within a 24-inch pipeline located within the boundaries of proposed Lots 1-14, 157, 158, 178-182 & Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010. a) A note shall be included on the Final Map acknowledging the proposed 24-inch private irrigation pipeline with reference on the map to its location. Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 3 of 14 b) The subdivider shall be required to pipe and relocate the canal outside of public street rights-of-way, and provide the easements necessary to accommodate the pipeline prior to final map approval. i) In lieu of the above requirement, the subdivider shall provide acceptable evidence that all downstream users of the canal have relinquished their rights to its use. c) The subdivider/developer shall provide formal notice to all owners and prospective property owners of the presence and location of the proposed 24-inch private irrigation pipeline on the above referenced lots of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010; and, enter into legal agreements as appropriate with owners for the retention and future maintenance of said pipeline. i) A copy of such formal notice and typical legal agreement shall be submitted to the Planning and Development Department for City Records prior to first occupancy. 13. 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. 14. Pursuant to Section 66456.1 of the Subdivision Map Act, which states —rhe right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 15. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 16. 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. 17. 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. Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 4 of 14 18. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 19. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 20. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation measures. 21. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 22. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any 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 informal-ion: 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 Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 5 of 14 23. As a proposed "Planned Development' subdivision, approval of Vesting Tentative Tract Map No. 5966/UGM is contingent upon approval of Conditional Use Permit Application No. C-09-280; authorizing the planned development of the subject property. 24. The subject property is zoned R-1/UGM (Single Family Residential District/Urban Growth Management). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the R-1 (Single Family Residential) zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-09-280. 25. Pursuant to Section 12-1011(f)(3) of the FMC, double frontage lots which abut two approximately parallel streets and have a depth of less than 240 feet shall not be approved except where access rights to one of the streets have been relinquished. a) Relinquish direct vehicular access rights to East International and North Chestnut Avenues from all residential lots within this subdivision. Lot Area and Dimensions 26. Pursuant to Section 12-306-N-21 of the FMC the Director of the Planning and Development Department or the Planning Commission may modify the property development standards of the underlying zone district if determined that the proposed development conforms to the provisions of the abovementioned section. However, in no case shall proposed parcels be less than the following minimum standards: a) Proposed lots shall be configured and dimensioned in accordance with Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010. Building Setbacks 27. Building setbacks shall be provided in accordance with the Conditions of Approval for Conditional Use Permit Application No. C-09-280 dated February 17, 2010 and Exhibit "A" of Conditional Use Permit Application No. C-09-280 dated February 17, 2010 with the following exceptions: a) On a reversed corner lot, the side yard abutting the street shall be not less than 13 feet (i.e. Lots 101, 114 & 116 of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010. b) For a key lot, as defined in Subsection 12-1002.1(k), the side yard main building setback shall be 10 feet. For exceptions for the main building side yards, Subsection 12-306-E-4 of the Fresno Municipal Code shall apply. c) No portion of any main building constructed on any lot proposed to be created by Vesting Tentative Tract Map No. 5966/UGM shall be located within 10 feet of the proposed 24-inch private irrigation pipeline for the Phillips No. 158 canal. Fences, Hedges &Walls 28. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required landscaped areas along East International and North Chestnut Avenues. Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 6 of 14 a) The required six-foot high solid masonry wall shall be continued (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code at the rear of the required landscaped areas on the local street sides of the proposed lots abutting the entry street to the subdivision from East International and North Chestnut Avenues. b) The required six-foot high solid masonry wall shall be continued (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the Fresno Municipal Code along the side property lines of proposed Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010; but, shall not exceed a height of three feet within the area defined by the front yard setback area of abutting property. i) The limits and height of the required solid masonry wall adjacent to proposed outlots shall be depicted on the landscape improvement plans, which are to be submitted to the Planning and Development Department for review and approval prior to Final Map approval. 29. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Planning and Development Department for review prior to Final Map approval. 30. Fences, hedges, and walls, not greater than six feet in height, shall be permitted on all rear and side property lines and on or to the rear of all front yard setback lines with the following exceptions: a) In that triangular area of a reversed corner lot (i.e. Lots 101, 114 & 116 of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010) where the rear and street side property lines meet. Said area is determined by measuring from that intersection along both the rear and street-side property lines, a distance equal to the front yard setback distance of the abutting property, then connecting those points, thereby forming, that triangle. i) No fence, hedge or wall over three feet in height shall be permitted in the excepted triangular area defined above. b) Within the "Corner Cut-Off Areas" as defined by, and in accordance with, Section 12- 306-H-3 of the Fresno Municipal Code. c) Fences, hedges, and walls shall be located to the rear of pedestrian and planting easements/landscaped areas located at the end of interior blocks as required herein below. 31. Provide a corner cut-off area at all entryway intersections, where walls or fences are required, in accordance with Section 12-306-H-3-d of the FMC. • NOTE: Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 7 of 14 a) The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. 32. All landscaping adjacent to walls or fences shall comply with the City of Fresno "Anti- Graffiti Landscaped Buffer Development and Planting Standards." LANDSCAPING AND OPEN SPACE 33. In accordance with Policy No. 3-4.2 of the Woodward Park Community Plan and Section 12-1011(f)(3), the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system) along the East International Avenue frontage of all lots proposed to be created within the boundary of this map. (i.e., south property line of Lots 49-53 & 143-157 of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010). 34. In accordance with Policy No. 3-4.2 of the Woodward Park Community Plan and Section 12-1011(f)(3), the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system along the North Chestnut Avenue frontage of all lots proposed to be created within the boundary of this map (i.e., east property line of Lots 1-9, 157, 158 & 178-182 of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010). • NOTE: Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be utilized for public open space purposes in accordance with the requirements stipulated below. 35. Two to five percent (2%-5%) of the site (less major street dedications) should consist of common passive/active open space in accordance with: the City of Fresno Proposed Guidelines for Landscape Open Space and Pedestrian Walkway Requirements for Residential Development; the Conditions of Approval for Conditional Use Permit Application No. C-09-280 dated February 17, 2010; and, the following: a) Landscaped pedestrian connections/walkways shall be provided for all subdivisions in order to promote "walkability", link neighborhoods and to provide residents the opportunity to reach destinations, including (but not limited to) residences, bus stops, trails, parks (including mini, neighborhood, community, regional parks, etc.), schools, shopping centers, other subdivisions, etc. i) Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be dedicated for public open space purposes and shall be utilized for pedestrian connectivity. ii) All proposed landscaped pedestrian connections, entryways, and pathways shall be improved in accordance with the approved landscape improvement plans, which are to be submitted to the Planning and Development Department for review and approval prior to Final Map approval. • NOTE: Lighting details shall be provided with the submittal of the landscape improvement plans. iii) Maintenance of Outlots "A" & "B" of Vesting Tentative Tract Map No. 5966/UGM shall be provided pursuant to the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 8 of 14 • NOTE: Neither Outlot "A" or "B" of Vesting Tentative Tract Map No. 5966/UGM qualify as eligible for fee credit against the City's Parkland Dedication/In-Lieu Fee (Quimby Act) and/or Park Facilities Fee. b) Major street entryways should contain enhanced landscaping (and irrigation systems), surface materials, and fencing/wall treatments that respectively improve and better define a project's visual image and character. i) The subdivider shall provide a minimum 10-foot wide landscaped area on both sides of the principal proposed entryways into the subdivision from East International and North Chestnut Avenues. • NOTE: The landscaped area shall extend to the front yard setback of the abutting residential lot. c) Provide a minimum eight-foot wide landscaped strip in the form of a pedestrian and planting easement at the end of all interior blocks; and, along the street side yards of Lots 101, 114 & 116 of Vesting Tentative Tract Map No. 5966 dated February 17, 2010. i) All "end-block" landscape treatments shall be maintained in accordance with the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 36. Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards," shall be required adjacent to all required walls or fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. 37. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscape easements as determined by the Planning and Development Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or, one tree per home (whichever is greater) by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, Water Efficient Landscape Standards and AB 1881 Model Water Efficient Landscape Ordinance. 38. Comply with all of the: (1) Street Tree; (2) Buffer Landscape & Maintenance; (3) Median Island Landscape; and, (4) Outlot requirements stipulated within the Department of Public Works memorandum from the Parks Supervisor dated January 11, 2010. STREETS AND RIGHTS-OF-WAY 36. 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. Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 9 of 14 37. Comply with all of the requirements of the Public Works Department, Engineering Division memorandums dated February 02nd and February 06th, 2010. • NOTE: For the purposes of this project, where any discrepancy may exist between the two memoranda referenced above the memorandum from the Traffic Engineering Manager dated February 06th shall take precedence. SANITARY SEWER SERVICE The nearest sanitary sewer mains to serve the proposed project are a 10-inch main located in North Chestnut Avenue, an 8-inch sewer main located in East International Avenue, and an 8- inch main located in East Prestwick Avenue. Sanitary sewer facilities will be available to provide service to the tract subject to the following requirements: 38. Comply with all of the requirements of the attached Public Utilities Department, Planning and Engineering Division memorandum dated January 12, 2010. WATER SERVICE The following conditions are required to provide water service to the tract: 39. Comply with all of the requirements of the attached Department of Public Utilities, Water Division memorandum dated February 12, 2010. SOLID WASTE SERVICE This tract will be serviced as Single Family Residential Properties with Basic Container Service, subject to the following conditions: 40. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated February 11, 2010. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 41. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated January 13, 2010. FLOOD CONTROL AND DRAINAGE 42. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Planning and Development Department dated February 17, 2010. COUNTY OF FRESNO DEPARTMENT OF COMMUNITY HEALTH 43. Comply with all of the requirements of the attached County of Fresno Department of Community Health memorandum dated January 21, 2010. Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 10 of 14 FRESNO AREA EXPRESS (FAX) 44. Provide for an 80-foot "far-side" bus bay and 60-foot transition per City of Fresno Standard P-73. 45. Provide a reinforced 6-inch concrete pad under shelter in accordance with City of Fresno Standard P-88. 46. The depth of the bus bay, currently shown at 8 feet, to be reviewed and approved by the Department of Public Works, Traffic Engineering Division (reference Traffic Engineering memorandum dated February 02, 2010). FRESNO IRRIGATION DISTRICT 47. Attached for the developer/subdivider's records and consideration is the memorandum from Fresno Irrigation District dated February 02, 2010. CLOVIS UNIFIED SCHOOL DISTRICT 48. The developer/subdivider shall comply with all of the requirements of the attached Clovis Unified School District memorandum dated January 20, 2010. RIGHT-OF-WAY ACQUISITION 49. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 50. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 51 . In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 52. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 53. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of 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 Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 11 of 14 54. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for maintenance of such items. a) Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the street right-of-ways (includes parkways and one-half of median islands in major streets), landscape easements, trails and outlots associated with the subdivision. All outlots shall be dedicated to the City of Fresno for maintenance purposes and any related work required. • 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) Maintenance of sidewalks and street furniture as approved by the Public Works Department within the street right-of-way and the landscape easements associated with the subdivision. c) Maintenance of all landscape and irrigation systems on sides and in medians, decorative concrete and pilasters included as entry treatments to the tract. d) Maintenance of all local street curbs, gutters and sidewalks, and median islands as approved by the Public Works Department within the boundary of the tentative map. e) Maintenance and operating costs of all local street lights as approved by the Public Works Department within the boundary of the tentative map. f) Maintenance of all street trees as approved by the Public Works Department within the boundary of the tentative map. 51. If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. a) Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (hftp://www.fresno.gov) under the Public Works Department Developer Doorway. 52. Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. This shall include a Street Tree Local-ion 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. 53. 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. Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 12 of 14 54. 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. 55. Should the City Council or owner/developer choose not to include the maintenance items listed above in a CFD, then the property owner/developer shall create a homeowners' association for the maintenance of these items and proposed private streets, utilities, and walls/gates. a) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the Fresno Municipal Code. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met, then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: • 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 [2] $344.00/living unit Service Area: Herndon Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 13 of 14 d. Wastewater Facilities Charge [3] $2,119.00/living unit e. Herndon Trunk Sewer Capacity Enhancement [2] $893.00/living unit f. Copper Avenue Sewer Lift Station Charge [4] N/A g. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE h. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule i. Frontage Charge [4] $6.50/lineal foot j. Transmission Grid Main Charge [4] $643.00/gross acre (parcels 5 gross acres or more) k. Transmission Grid Main Bond Debt Service Charge [4] $243.00/gross acre (parcels 5 gross acres or more) I. UGM Water Supply Fee [2] $456.00/living unit Service Area: 101-S m. Well Head Treatment Fee [2] $0.00/living unit Service Area: 101 n. Recharge Fee [2] $0.00/living unit Service Area: 101 o. 1994 Bond Debt Service [4] $895.00/living unit Service Area: 101 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE p. Fire Facilities Impact Fee— Citywide [4] $539.00/living unit q. Park Facility Impact Fee— Citywide [4] $2278.00/living unit r. Quimby Parkland Dedication Fee [2] $1120.00/living unit s. Citywide Regional Street Impact Fee [4] $8,361.00/adj. acre t. New Growth Area Major Street Fee [4] $18,790.00/adj. acre u. Police Facilities Impact Fee —Citywide [4] $624.00/living unit v. Traffic Signal Charge [4] $450.94/living unit Vesting Tentative Tract Map No. T-5966/UGM February 17, 2010 Page 14 of 14 Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FEBRUARY 17,2010 CONDITIONAL USE PERMIT APPLICATION NO. C-09-280 "A PLANNED DEVELOPMENT" NORTHWEST CORNER OF THE INTERSECTION OF EAST INTERNATIONAL AND NORTH CHESTNUT AVENUES PART A- PROJECT INFORMATION 1. Assessor's Parcel No(s): 578-010-14 2. Street Location: Located on the northwest corner of the intersection of East International and North Chestnut Avenues. (Council District 6, Councilmember Brand) 3. Existing Zoning "R-1-UGM" (Single Family Residential/Urban Growth Management) zone district. 4. Proposed Zoning "R-1-UGM" (Single Family Residential/Urban Growth Management) zone district. 5. Planned Land Use: Medium-Low Density Residential (2.19-6.00 dwelling units/acre) 6. Plan Areas: Woodward Park Community Plan 7. Project Description: Requests authorization to establish a public street planned development with modified property development standards for lots proposed to be created by Vesting Tentative Tract Map No. 5966/UGM. PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on February 17, 2010, approved the special permit application subject to the enclosed list of conditions and Exhibit(s) "A," "E" & "L" dated February 17, 2010. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies,those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 2 of 13 relationship to the neighborhood and environment. Discretionary conditions of approval may be appealed. All code requirements, however,are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed either verbally or in writing to the City of Fresno Planning Commission at the scheduled public hearing regarding Conditional Use Permit Application No.C-09-280 and Vesting Tentative Tract Map No. T-5966/UGM. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer,or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures,signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit,the Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note on the site plan.) No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on the original site plan exhibit to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by February 17, 2014 (four years from the date of Director approval). There is no exception. To complete the back-check process for building permit relative to planning and zoning issues, submit copies of this corrected, final site plan, together with copies of the elevations, Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 3 of 13 landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division for final review and approval,ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please contact Will Tackett at (559) 621-8063 or via e-mail at Will.Tackett@fresno.gov to schedule an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relating to dedications,street improvements or off-street parking geometrics may be directed to Louise Gilio at (559) 621-8678 / Louise.Gilio@fresno.gov of the City of Fresno Public Works Department, Engineering Division, Traffic Section. 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit"A" is required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights-of-way. b) Provide and identify a minimum four(4)foot wide path of travel along the sidewalk directly in front of all properties created within the subdivision as required by Title 24 of the California Administration Code. An on-site pedestrian easement may be required if Title 24 Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 4 of 13 requirements cannot be met within the existing public right-of-way. c) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub-surface private structures and appurtenances extending within the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to issuance of building permits. d) DEDICATIONS. The following dedication requirements must be satisfied pLigr to the issuance of building permits: • Dedications shall take place in accordance with the Conditions of Approval of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010. e) VACATIONS. The following vacation requirements must be satisfied prior to issuance of building permits: • There are no vacations required at this time. 2. STREET IMPROVEMENTS a) All public improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way(including pedestrian,water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division at (559) 621-8693, prior to commencement of the work. Contact the Public Works Department, Engineering Services Section at(559)621-8686 for detailed information. All required street improvements must be completed and accepted by the City prior to occupancy. b) Existing off-site concrete improvements to remain in place shall be repaired if damaged and/or off grade as determined by the Public Works Department, Construction Management Division (559) 621-5500. Such repairs must be completed prior to final occupancy. c) Design and construct curb, gutter, AC paving, and residential sidewalk patterns to Public Works standards, specifications, and policies. Plans shall be prepared by a registered Civil Engineer. • NOTE: Reference Conditions of Approval for Vesting Tentative Tract Map No. 5966/UGM, dated February 17,2010,for requirements respective to major and interior local public streets. d) Provide curb ramps at all corners within the limits of this subdivision. Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 5 of 13 e) Install streetlights on all frontages to City Standards as determined by the City Traffic Engineer. Street lighting plans are required and must be approved by-the Public Works Department/Engineering Services prior to commencement of the work. f) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. g) Provide parkway landscaping. Street trees shall be planted every 60 feet on center. Plans shall be prepared by a landscape architect. h) Submit four copies of a Geometric Approval Drawing (GAD) to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. i) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559) 621-8682, for review and approval, rp for to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. 3. SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice Land Surveying in the State of California. (Include this note on the site plan.) PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) "R-1," Single Family Residential District(Section 12-211 of the FMC) ii) "UGM," Urban Growth Management(Article 4.5 of the FMC) iii) 2025 Fresno General Plan iv) Woodward Park Community Plan 2) ZONING a) Approval of Conditional Use Permit Application No. C-09-280 is contingent upon approval of Vesting Tentative Tract Map No. 5966/UGM. 3) POPULATION DENSITY a) Pursuant to the medium-low density residential planned land use designation for the subject property; the subject property shall be developed in accordance with Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010 and Exhibit "A" of Conditional Use Permit Application No. C-09-280. Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 6 of 13 i) Based upon the number of dwelling units (du) allowed per acre, respective to the medium- low density residential planned land use designation,the subject property is required to be developed with between 2.19-6.00 du/acre to meet the density requirements of the 2025 Fresno General Plan and FMC. • NOTE: Pursuant to Vesting Tentative Tract Map No. 5966/UGM and Conditional Use Permit Application No. C-09-280, the subject property is proposed to be developed at an overall density of approximately 5.09 du/acre. ii) A subsequent entitlement will be required in order to revise the current development proposal or authorize an alternative development scheme for the subject property. Further environmental review may also be required for any future revisions dependent upon the level of intensification that may be proposed. 4) BUILDING HEIGHT a) No building or structure erected in the R-1 (Single Family Residentiao zone district shall have a height greater 35 feet. b) All accessory buildings on the subject property, or lots proposed to be created by Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010 shall comply with the requirements and provisions of the development standards of the FMC for the R-1 zone district and are subject to the provisions of Section 12-306-N-1 (Accessory Buildings) of the FMC. • NOTE: Exceptions. Over height structures may be approved by the City of Fresno Planning Commission or Director of the Planning and Development Department. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. 5) BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS Setbacks shall be provided in accordance with Exhibit "A" of Conditional Use Permit Application No. C-09-280 and the Conditions of Approval for Vesting Tentative Tract Map No.5966/UGM dated February 17, 2010. a) Any proposed deviation from the building setbacks established by Exhibit "A" of Conditional Use Permit Application No.C-09-280 requires a revision to Conditional Use Permit Application No. C-09-280. b) Spaces between buildings shall be provided in accordance with the approved building setbacks and building envelopes for individual properties respective to Exhibit "A" of Conditional Use Permit Application No. C-09-280 and the Conditions of Approval for Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010. c) Proposed structures are required to be found in compliance with the fire resistive standards of the Uniformed Building Code. In the event structures do not comply they must be modified so as to meet the requirement. Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 7 of 13 6) LOT COVERAGE a) Lot coverage shall be permitted in accordance with the approved building setbacks and building envelopes for individual properties respective to Exhibit "A" of Conditional Use Permit Application No. C-09-280 and the Conditions of Approval for Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010. 7) OPEN SPACES AND LANDSCAPING The subdivider shall provide and maintain all landscaping (and irrigation systems) in accordance with the Conditions of Approval of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010, and the following: a) A landscape plan shall be submitted and approved for all open space and recreational areas within the development. • NOTE: Open space areas shall be landscaped by the developer in accordance with the approved plan and shall thereafter be maintained by the property owner/subdivider;or, in a mariner which provides appropriate security and is deemed acceptable to both the City of Fresno Planning and Development and Public Works Departments. b) All yards (including private) and areas designated for open space purposes shall be landscaped and maintained in accordance with Sections 12-306-N-24 of the FMC. i) All yards and landscaped areas located adjacent to street frontage shall be provided automatic irrigation systems. c) All yards (including private) and areas designated open space purposes shall comply with the water efficient landscape standards in accordance with Section 12-306-N-23 of the FMC. d) Landscaping adjacent to walls or fences accessible to the public shall comply with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards." e) Provide a minimum of 364 medium sized trees on-site per FMC Section 12-306-N-24-g and in accordance with the following: i) Provide a minimum of one medium size tree for each required parking space, plus one medium sized tree for each residential unit. • NOTE: One medium size tree is defined as attaining a height of 30-60 feet at maturity. Two small size trees, up to 30 feet high at maturity may be substituted for one medium size tree. f) No building permit shall be issued for any development for which a special permit has been issued until the requirements for street trees as provided in Article 3 of Chapter 11 of the FMC have been met and street tree inspection fees paid pursuant to the Master Fee Schedule. Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 8 of 13 i) Fresno Municipal Code requires one (1) street tree per 60 linear feet of public street frontage. • NOTE: The Department of Public Works may approve a request for waiver of street tree requirements if the applicant agrees to plant a minimum of one (1) tree (of similar type and size) for every 60 linear feet of street frontage on private property within ten feet of the back of the sidewalk. • NOTE: An approved landscape plan, properly scaled and dimensioned, shall serve as a street tree planting permit for on-site trees not in the public right of way. A copy of this plan shall be kept at the job site at all times. g) Street trees shall be planted by the property owner and shall be inspected by the City pursuant to the payment of street tree inspection fees. The property owner is required to provide and irrigation system with ongoing water supply. h) One drainage hole, a minimum diameter of two (2) feet, shall be drilled for each tree to be planted. The depth of the drainage hole shall be determined as follows: i) Hole must penetrate through and beyond any underlying paving material or hardpan soil stratum. ii) Hole shall be drilled to a depth where visual evidence of the subsurface sand or gravel drainage is apparent. iii) If there is no apparent drainage stratum,the drainage hole shall be drilled a minimum of ten (10) feet deep. i) The backfilling of drainage holes shall comply with the Standard Specifications or as determined by the engineer. j) Complete a minimum waiting period of 20 days after drilling before any planting can begin. k) Call (559) 621-5600 to notify the Public Works Department Construction Management Division 72 hours prior to tree hole drilling/tree planting in the public right-of-way, in order to verify tree locations, to obtain inspection of drilling operations, and to check backfilling procedures and safety barriers. 1) All planting, irrigation and related work shall comply with the City of Fresno Public Works Department Standard Specifications, Section 25 and 26. m) All landscaping and related work to be performed within the city right-of-way shall be done by a qualified contractor and requires a street encroachment permit from the Public Works Department prior to commencement. Call (559) 621-8685 for information on encroachment permits and required insurance and bonding. Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 9 of 13 n) Trees shall be maintained in good health. Trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Planning and Development Department. (Include this note on the site plan and landscape plan.) o) All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight, or disease, and any such vegetation which shows signs of such damage or injury at any time shall be replaced by the same, similar, or substitute vegetation of a size, form, and character, which will be comparable at full growth. p) Landscaping shall be kept free from weeds and undesirable grasses. q) Submit copies of landscaping and irrigation plans prepared by a landscape professional, showing the number and types of trees, to the Planning Division. These plans must be reviewed and approvedrp for to obtaining building permits. r) Landscaping must be in place before issuance of the certificate of occupancy for each individual dwelling. i) A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Planning Division. (Include this note on the site and landscape plans.) • NOTE: The hold on occupancy may be released at the discretion of the Planning and Development Department to subjectively accommodate inappropriate planting conditions, which are outside of the control of the developer/subdivider (e.g. weather conditions which may be prohibitive to planting in a timely and appropriate manner, etc.). • NOTE: The use of utilities for temporary occupancy may be allowed by the Building Official pursuant to FMC Section 13-100.110.1.2 et seq. s) Prior to granting of final occupancy, a written certification, signed by a landscape professional approved by the Planning and Development Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Planning Division. (Include this note on the site and landscape plans.) 8) FENCES, HEDGES, AND WALLS Fences, hedges and walls shall be provided in accordance with the Conditions of Approval of Vesting Tentative Tract Map No. 5966/UGM dated February 17, 2010 and the following: a) All fences, hedges and walls shall conform to the provisions of Section 12-306-H of the FMC except as may be modified herein. b) Clearly depict any proposed/existing fences, hedges and walls on Exhibits "A" of Conditional Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 10 of 13 Use Permit Application No.C-09-280. Note that all proposed/existing fences, hedges and walls must comply with all policies, ordinances, regulations, etc. of the City of Fresno, Planning and Development Department. c) Only those fences, hedges and walls as shown on the site plan shall be reviewed for approval. d) Submit a rendering depicting the fence, hedge or wall height, material, location etc. for review and approval. e) All future proposed fences, hedges and walls, etc. shall be reviewed and approved prior to installation by the City of Fresno, Planning and Development Department. (Include this note on the site plan.) f) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard, which may occur as a result of improper fence installation or damage to the fence. 9) ACCESS a) There shall be vehicular access from a dedicated and improved street,alley or recorded private access to off-street parking facilities. b) There shall be pedestrian access from a dedicated and improved street, alley or recorded private access to property used for residential purposes. c) Vehicular and/or pedestrian access shall be maintained and remain clear at all times. d) Provide vehicular and/or pedestrian access as noted on Exhibit"A"of Conditional Use Permit Application No. C-09-280 and as indicated per Conditions of Approval for Vesting Tentative Tract Map No. T-5966/UGM dated February 17, 2010. i) Pedestrian walkways and handicap access shall be clearly delineated on the site plan. 10)OUTDOOR ADVERTISING AND MARKETING a) Signs, other than directional signs, if applicable,are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. (Include this note on the site plan). 11) BUILDING ELEVATIONS All residential dwellings in the subject planned development shall be subject to review and approval by the Planning and Development Department in accordance with the following: Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 11 of 13 b) Clearly identify all condensing units, air conditioning and heating units on the site and elevation plans. Roof mounted mechanical equipment shall be recessed and shall not be visible from-the public right-of-way (or private street) or shall be placed on the ground outside of the required yards. c) Pursuant to Policy numbers C-20-f, C-21-a, C-21-b and C-21-c of the 2025 Fresno General Plan, all proposed buildings shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless "blank" walls. Design measures should be utilized to avoid large scale, massive, monolithic, and repetitive"institutional"visual appearances. This may be accomplished by varying the building footprint with indentations, projections, offsets, different building materials, or adding polyfoam with a stucco finish to add visual interest and to break up monotonous walls. Submit elevations inclusive of modifications for review and approval. i) Second-story windows should be directed, to the extent feasible, away from adjacent single-story residential uses; or, adequate setback and landscape screening shall be provided to protect the privacy of adjacent properties. ii) Roofing material shall consist of: architectural grade composition roofing guaranteed by the manufacturer for at least 20 years; cement or clay tile; treated wood shakes; and/or, architectural-grade metal and coated non-glare decorative metal roofing products. iii) Garage doors with decorative features (which may include windows) shall be provided for each dwelling on all lots within the subdivision which front onto, and gain access from a street. iv) Where proposed attic vents shall be decorative, consistent with the style and character of each home. PART E - CITY AND OTHER SERVICES TRANS PORTATION/TRAFFIC PLANNING REQUIREMENTS a. Comply with all of the requirements of the attached Public Works Department, Engineering Division memorandums dated February 02 d and February 06'h, 2010 and any requirements noted on Exhibits "A" of Conditional Use Permit Application No. C-09-280. SOLID WASTE COLLECTION b. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Management memorandum dated February 11, 2010. FIRE PROTECTION REQUIREMENTS c. Comply with all of the requirements of the attached City of Fresno Fire Department memorandum dated January 13, 2010. Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 12 of 13 STREET TREES, BUFFER, PARKWAY AND MEDIAN ISLAND LANDSCAPING d. Comply with all of the requirements of the attached Department of Public Works Engineering Division memorandum from the Parks supervisor dated January 11, 2010. FLOOD CONTROL REQUIREMENTS e. Comply with all of the requirements of the attached Fresno Metropolitan Flood Control District memorandum dated February 17, 2010. PUBLIC UTILITIES REQUIREMENTS f. Comply with all of the requirements of the attached Department of Public Utilities, Planning and Engineering Division memorandums dated January 12, 2010 and February 12, 2010. COUNTY OF FRESNO, DEPARTMENT OF COMMUNITY HEALTH g. The developer/subdivider shall comply with all of the requirements of the County of Fresno Department of Community Health memorandum dated January 21, 2010. FRESNO IRRIGATION DISTRICT (FID) h. Attached for the subdivider/developer' records and consideration is the Fresno Irrigation District memorandum dated February 02, 2010. SCHOOL FEES i. Comply with all of the requirements of the attached Clovisl Unified School District memorandum dated January 20, 2010. PART F - MISCELLANEOUS Approval of this site plan is contingent upon -the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1) If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 2) If there are suspected human remains,the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. Conditions of Approval Conditional Use Permit Application No. C-09-280 February 17, 2010 Page 13 of 13 3) If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and, if the paleontologist determines the material to be significant, it shall be preserved. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed in writing to the Planning and Development Department Director within 15 days. GROWTH COORDINATOR UNITED STATES POSTAL SERVICE UNITED STATES POSTAL SERVICE JANUARY 08, 2010 To the City of Fresno -Planning and Development Department: 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 Now 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 detail) 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. Sincerely, Cathy S.Gilles New Growth Coordinator 755 E NrEs AVE F%.sNG CA 93720.2196 559.442-4267 Fax'. $59-440-4281 MODE OF DELIVERY AGREEMENT - NEW CONSTRUCTION United States Postal Service - Sacramento District Project Information Name of Project: ZIP CODE: Estimated# Route Type/Number Location: Deliveries: To Be Unit/Office Cit: Rur;ii# Contract Determined Estimated Delivery Date Ii,'onth and Year) USPS Contact Information ,�untacl Made By: Date: Telephone#: Builder/Developer Contact Information Name: Title: Phone: Firm: Address: Equipment Information TYPE OF PROJECT TYPE& QUANTITY OF EQUIPMENT ch eck Centralized Non-Centralized type Deliveries Floors QTY Equipment -T Equipment Office Bldg. CBU Type 1 8 Curbside 2!post ShoppingiStrip Mall CBU Type II 12 Curbside 31 post Apt. I Condo CBU Type III(16) Curbside 4/post Townhomes CBU Type IV 13 Other(Specify) Modular Homes Wallmount Std4C Sin le Family Parcel Lockers Other(Spec&,' Purchase/Installation Responsibility X rainier 1 Developer U.S.P.S. Othe See. Comments Issue Key Responsibility Owner/Developer U.S.P.S. Other: See Comments &Dinments See attached maps for designated locations. )Builder/DeveloperiProperty Owner understands that he/she must comply with USPS Cement Pad Spe+itir�itions.Copy pravns;c This Agreement will document that the builder/developer will purchase and install the centralized delivery equipment as indicated above at the specified locations. Locations must be clearly designated on plat maps provided by the budder or developer. Any changes must be approved jointly by both unders+g+ued individuals USPS REPRESENTATIVE: PROPERTY OWNER/DEVELOPER/MANAGER: Name: Cathy Gilles *Name: Title: Growth Coordinator *Title: Si nature Date: *Signature: Date Telephone -t. 559-440-4267 *Telephone#: FAX#: 559-440-4286 *FAX#: DIS i iE,; i APPROVAL: E. 'ODE OF DELIVERY AGREE MEN T.xis'l-,12312009 isage I DEPARTMENT OF PUBLIC WORKS TO: Will Tackett, Planner III Planning Division FROM: Hilary Kimber, Parks Supervisor II (559.621.8794) Engineering Division DATE: January 11, 2010 SUBJECT: Tract 5966, 10505 N. Chestnut Avenue (APN: 578-010-14) located on the northwest corner of the intersection of East International and North Chestnut Avenues. The Department of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Gary G. Gianetta, Civil Engineering & Land Surveying, on engineering plans dated December 2, 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 YA 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: STREET NAME STREET TREE SPECIEWCOMMON NAME North Chestnut Avenue Quercus agrifolia (Live Oak) and/or Celtis australis (Hackberry) East International Avenue Sapium sebiferum (Chinese Tallow) and/or Quercus agrifolia (Live Oak) 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting (8-10' PPUE), the developer shall plant one tree for each 60' of street frontage, or one tree per lot having street frontage, whichever is greater. a. Street tree inspection fees shall be collected for each 60' of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with all City of Fresno Local Codes and standards. c. Landscape plans for all public use areas, such as parkways, buffers, medians, and open spaces, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planking permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the requirements set by the City of Fresno. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS 1. The subdivider shall provide longterm maintenance for all proposed landscaped areas by either petitioning for annexation in the Community Facilities District or by some other mechanism approved by the City. 2. Maintenance Service Through Annexation into the Community Facilities District. Landscape and Irrigation plans are required to be submitted to the Department of Public Works for review and approval. The Plans shall be considered technically correct prior to the annexation request and the Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to have landscaping maintained by annexing into the City's Community Facilities District. A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23&24 and 14-121 of the Fresno Municipal Code and AB 1881 regarding Water Efficient Landscaping and Buffer landscaping. B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable, but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. D. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. E. No private flags, signs or identification of any kind shall be permitted in the right-of-way, within the City- controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall submit Plans to -the Public Works/Engineering Services showing the location and configuration of all median islands fronting the proposed project. 2. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works Department requires all proposed median islands to be constructed with 12" wide colored concrete strips adjacent to the curbing (except for entry medians of 12' or less). 3. Trees shall not be planted in sections which are less than eight (8) feet wide unless approved by the Public Works Department. Sections less than eight(8)feet shall be capped with concrete as an integral part of the off site improvements, whether the median is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). If the outlots are to be included into the CFD, the Department of Public Works will require the landscape and irrigation plans to be "technically correct" prior to inclusion into the CFD. Fresno AFA�rea� City of ow City Hall 559-621-8800 Public Works Department 2600 Fresno Street, Rm.4064 Patrick Wiemiller,Director Fresno,CA 93721-3623 www.fresno.gov February 6, 2010 TJKM Jose Luis Benavides, P.E. 516 W. Shaw Avenue, Suite 200 Fresno, CA 93704-2515 SUBJECT: REVIEW OF TRAFFIC IMPACT STUDY (TIS) FOR THE PROPOSED Tract 5966 at the Northwest Corner of International and Chestnut TIS10-001 dated December 8, 2009 received by Traffic Engineering January 6, 2010 We reviewed the Traffic Impact Study (TIS) by TJKM for the proposed subject project which consists of approximately 38.6 acres of residential and 181 Single Family Dwelling Units. This equates to approximately 4.6 units per acre which is under developing this property from what is allowed by zoning. GENERAL COMMENTS and CONDITIONS 1. The trip generation based on ITE Trip Generation Manual is acceptable. The proposed project is projected to generate 1,732 daily trips, 136 trips during the AM peak hour and 183 trips during the PM peak hour. 2. The project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee of $450.94 per DU (based on $47.12/ADT times 9.57 ADT/DU) 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 and the Master Fee Schedule. The TSMI fee based on the project description above is 81,619.85. 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. 3. This project shall pay its Fresno Major Street Irnpact (FMSI) Fee which will be determined at time of building permit. This FMSI fee is creditable towards major street roadway improvements included in the nexus study for the FMSI fee. 4. The project shall pay State of California Department of Transportation fees as determined by Caltrans. The fees will be collected and are payable to the City of Fresno Traffic Engineering Division. A receipt must be shown to the Planning and Development Department Land Division and/or Building Permit Division prior to issuing Building Permits. City of Fresno Traffic Engineering find it interesting that no trips from this project will be utilizing two of the movements at the Friant/SR 41 interchange. Due to the ramp metering and congestion on Friant Road, many motorists in northeast Fresno divert to Nees Avenue undercrossing of SR 41 and then northbound on Blackstone Avenue. This driver behavior is not reflected in the model. S. The project shall pay the Regional Transportation Mitigation Fee (RTMF) Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of building permits. If applicable based on vesting rights. 6. The project shall construct left-turn lanes at all four approaches at the intersection of Blythe and Dakota to improve operations and access from the adjacent residential neighborhoods to the Shopping Center. 7. This project shall work with the local school district Clovis Unified and adjacent school principals at the high school and middle school at the Clovis North Campus bound by International, Willow and Chestnut to identify a Safe Route to School. 8. This project shall construct 6 ft wide major street sidewalks on International and Chestnut Avenues to connect with adjacent sidewalks in both directions. Temporary Sidewalk installation can be used across property that is not a part of this tract map. 9. This project shall construct bike lanes on International and Chestnut Avenues to connect with adjacent bike lanes in both directions. The bike lanes shall meet City of Fresno Public Works Standards. 10. While the Highway Capacity Manual procedures for analysis of all-way stop-controlled intersections limit the number of lanes on each approach to two lanes, this does not necessary mean that the intersection would operate better than what is suggested in the TIS. Based on field observations, all-ways stop controlled intersections especially with multiple lane approaches do not function well based on local driver behavior and practices. These are not reflective in the HCM procedures. In addition the multiple lane approaches at an all-way stop sign controlled intersection create right-of- way challenges for motorists and pedestrian conflicts especially around three campuses (High School, Middle School, and Junior College). This intersection experiences extreme peaking of traffic due to start and release times that are not reflective in the peak hour factors. In the near-term scenario the Willow/Copper northwest corner General Plan Amendment and office project at southwest corner of Copper/Chestnut were not included. With the addition of this nearly 200 unit subdivision along with additional subdivisions to the north Traffic Engineering staff project that the intersection of Chestnut and International will at least meet traffic signal warrants for pedestrian volumes. We have had some major school aged pedestrian and vehicle accidents as well. As a result, Traffic Engineering is conditioning this tract map to install the traffic signal at International/Chestnut intersection. This traffic signal is reimbursable and creditable to the TSMI fee. No access from the subdivision will be permitted to Chestnut Avenue until such time that the traffic signal is installed and operational. 11. This project shall construct Chestnut Avenue with a minimum of two lanes and a two way left-turn lane from International to Copper Avenue. Other projects are also conditioned with these improvements so there are opportunities for cost sharing. The project shall be allowed to develop a total of 100 dwelling units with access to both International and Chestnut Avenue without the connection of Chestnut to Copper Avenue. At 100 dwelling units no further access from the subdivision will be permitted to Chestnut Avenue until such time that Chestnut Avenue is connected from International to Copper Avenue. 12. The project shall construct a second through lane for the westbound approach at Chestnut/International intersection (the approach will then have one left-turn lane, two through lanes, and one right-turn lane). 13. The project shall construct a separate left-turn lane for the eastbound approach at Chestnut/international intersection (the approach will then have one left-turn lane, two through lanes, and one right-turn lane). 14. This project shall construct a second northbound through lane on Chestnut through the intersection of Chestnut/International Avenues (the approach will then have one left-turn lane, two through lanes, and one right-turn lane). 15. The proposed project shall make necessary improvements and right-of-way dedications along adjacent public streets as per City of Fresno requirements. 16. This project subdivision design shall be further reviewed and approved by the City Traffic Engineer. If you have any further questions regarding this matter, please contact me at (559) 621-8792 or bryan.lones@tresno_gov . Sincerely, Bryan D. Jones, TE, PTP, AICP City Traffic Engineer/Traffic Engineering Manager Public Works Department, Traffic Engineering Division C: Traffic Engineering Reading File Copy filed with Traffic Impact Study Kevin Fabino, Planning&Development Dept. Mike Sanchez,Planning&Development Dept. Louise Gilio,Traffic Planning Supervisor Y City of lemic \I//- DATE: 1//DATE: February 2, 2010 TO: Will Tackett, Planner III Development Department, Planning Division THROUGH: Bryan D. Jones, T.E., Traffic Engineering Manager Public Works Department, Engineering Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Engineering Division SUBJECT: Public Works Conditions of Approval TT 5966, (International and Chestnut) Bonadelle Homes/ Gary Giannetta The Public Works Department, Traffic Planning Section, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. Provide the following information on the tentative tract map and /or complete the following, prior Planning Commission. 1. Revise the proposed layout to meet current Public Works circulation criteria, prior to the final map. 2. Identify all street centerline radii. 3. Identify all existing driveway locations on the east side of Chestnut. 4. Planning: Will there be an easement for the private pipeline, maintenance agreement? Can this be abandoned? General Conditions: 1. Curb Ramps: Provide curb ramps at all corners within the limits of this subdivision. 2. Pedestrian Easements: Identify all pedestrian easements on the map. a. Major Streets: A 2' dedication for a pedestrian easement is required. (See Exhibit "D") b. Local Streets constructed to API-1 and /or API-2: A 1' pedestrian easement is required on all streets with driveway approaches. 3. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 4. Intelligent Transportation Systems (ITS): Street work on major streets shall be designed to include ITS in accordance with the Public Works ITS Specifications, if not existing. 5. Entrances: (local street/ major street intersections) Dedicate a minimum of 60' of street right of way and construct concrete medians to Public Works Standard API-14. A 52' transition is required from the proposed 60' right of way entrances to the 50' right of way streets. No parking is allowed within the limits of-the proposed median. 6. Design local streets with a minimum of 250' radius. 7. Local street lengths exceeding 800' and four way intersections require traffic calming measures. Construct permanent traffic circles to Public Works Standard(s) P-98, P-99 or P-100. Page 1 of 4 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5966 International&Chestnut.doc 8. Local Street Intersections: The intersection of two local continuous streets shall have a minimum of 160' offset measured from center line to center line. 9. Garage setback: Provide 20' from the garage to the back of walk. A minimum of 18' is allowed with a roll-up door. 10. 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. 11. Street widening and transitions shall also include utility relocations and necessary dedications. 12. Private Irrigation Pipe: If not abandoned, the developer shall enter into an agreement with owner of the private canal providing for piping the canal and submit an executed copy of the agreement or commitment letter from the owner of the private canal to the Planning and Development Department. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Engineering Division for review and approval. Identify the proposed easement and provide a final cross sectional detail on the map. Frontage Improvement Requirements: Major Streets: International Avenue: Collector 1. Dedicate 47'-55' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Exhibit "D". A 2' Pedestrian Easement is required. Identify on the map. 3. Construct an 80' bus bay curb and gutter at the northwest corner of International and Chestnut to Public Works Standard P-73, complete with a 10' monolithic sidewalk. 4. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 6. Relinquish direct vehicular access rights to International Avenue from all lots within this subdivision. Chestnut Avenue: Collector 1. Dedicate 47'-55' of property, from section line, for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Exhibit "D". A 2' Pedestrian Easement is required. Identify on the map. Transition to connect to the north. 3. Construct 20' of permanent paving (measured from face of curb) within the limits of this sub- division. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. Page 2of4 T:\TRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5966 International&Chestnut.doc 5. Relinquish direct vehicular access rights to Chestnut Avenue from all lots within this subdivision 6. The construction of any overhead, surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts / Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to final map. Obtain an encroachment permit to allow the existing private pipe within Chestnut Avenue to remain. Contact James Polsgrove at 559 621-8692 for details. Interior Streets: Dedicate, design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standards. All driveways shall be constructed to Public Works Standards API-8 and P-4. Sidewalk patterns shall comply with Public Works API Standards for 50' streets. Provide approved traffic calming measures at all four way intersections. Pinehurst Avenue: 1. The construction of any overhead, surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts / Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to final map. Obtain an encroachment permit to allow the proposed private pipe within Pinehurst Avenue to remain. Contact James Polsgrove at 559 621-8692 for details. Specific Mitigation Requirements: This tract will generate 137 a.m. / 183 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is required and has been submitted. Comply with the mitigation measure requirements of the Traffic Engineering Manager. 1. Relinquish direct vehicular access rights to : (Lot numbers may change due to redesign.) a. the north property line of lot 182. b. the south property line of lot 1. c. the east property line of lot 141. d. the west property line of lot 142. 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. Traffic Siqnal Mitigation Impact (TSMI) Fee: This project shall pay the current Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual for single family units (fee rate as shown in the Master Fee Schedule). This TSMI fee is credited against signal installation and Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) anticipated to build out the 2025 General Plan circulation element and included in the Nexus Study for the TSMI fee. Project specific impacts that are not consistent with the 2025 General Plan, Public Works P69 standards, and/or already incorporated into the TSMI fees infrastructure costs are not reimbursable unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next update and the applicant agrees to pay the new calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is conditioned with improvements that are credited/reimbursable with this fee they should work with the Page 3 of 4 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5966 International&Chestnut.doc Department of Public Works and identify with a Professional Engineers estimate the costs associated with the improvements prior to paying the TSMI fee at time of building permit. 1. The intersection of Chestnut and International shall be signalized to the City of Fresno Standards, complete with left turn phasing, actuation and signal pre-emption. This work is eligible for reimbursement and/or credit against Traffic Signal Mitigation Impact Fees. The applicant shall design the traffic signal and obtain City approval of the plans prior to occupancy of the first dwelling unit. If the intersection meets signal warrants at the time of occupancy of the first unit, then the full traffic signal shall be installed. If the intersection does not meet warrants, then the traffic signal installation shall be limited to the following equipment: poles, safety lights, oversize street name sign, conduits, detectors, service pedestal connected to a PG&E point of service, controller cabinet, ITS vault, ITS communication cabinet and all pull boxes, with the following equipment to be delivered to the City of Fresno's Traffic Signal shop for future installation when warrants are met: 2070L controller, mast arms, heads, Opticom discriminator and receivers. Fresno Major 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 Major Street Impact (FMSI) Requirements: International Avenue: Collector (Growth Area Street) 1. Dedicate and construct (2) 17' center section travel lanes and a 12' center two-way left turn lane within the limits of this subdivision. Stripe 200' left turn pockets at all major intersections. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Chestnut Avenue: Collector (Growth Area Street) 1. Dedicate and construct (2) 17' center section travel lanes and a 12' center two-way left turn lane within the limits of this subdivision and continue north to Copper Avenue. Stripe 200' left turn pockets at all major intersections. Paving and dedication shall be sufficient to accommodate the required traffic signal at Chestnut and Copper. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. There shall be no access to Chestnut until construction is complete. State of California Department of Transportation (Caltrans) Fees: Applicant shall pay fair share contribution as determined by the State of California Department of Transportation (Caltrans) to be collected by the City of Fresno Public Works Department Traffic Engineering prior to a Final Map. The Caltrans letter is included and the following fees are required to be paid to mitigate fair share impacts to the identified state transportation facilities. Please contact Caltrans District 6 staff regarding the fair share calculations. Interchange: SR 41 /Friant Road = $29,216 Page 4 of 4 TATRAFFIC ENGINEERING\Traffic Planning\Tract Maps\5900\T-5966 International&Chestnut.doc i 10' i 2' PED. EASEMENT- j5'-6' ASEMENT j5 6' Sidewalk .5' a RESIDENTIAL SIDEWALK PATTERN REF. & REV. CITY OF FRESNO ON MAJOR STREETS EXHIBIT "D" TFAT4 Q CAQFQPNIA-9U51NE,9S,TRANSPOPTATION AND HOUSING AGENCY ARNOLD SCHWARZF.NEGGER.Governor DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE A P. 0.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)4x84347 Flex your ower! FAX (559)488-408,9 p Be energy efficient! TTY (559)4884066 January 13, 2010 2131-ICiR/CEQA 6-FRE-41-31.6+/- C-09-280 & VTTM 5966 BONNADELLE? HOMES Mr. Will Tackett City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackett: We have reviewed the application for the proposed 182-lot single-family residential development to be located on the northwest corner of East International and North Chestnut Avenues. A Traffic Impact Study(TIS) for the project was included, Caltrans has the following comments: Caltrans concurs with the trip generation/trip distribution as presented in the TIS. The traffic consultant has identified $29,216 for this project to mitigate its impacts to the Stale Route 41 interchange at Friant Road. Caltrans concurs with this calculation. If you have any questions, please call me at (559) 498-4347. Sincerely, f O JOANNE; STRIFBICH Office:of Transportation Planning District 06 C.": Mr, .lose Benavides,T.IKM Transportation Consultants Mr. Scott Mozier, City of Fresno Public Works Department Mr. Bryan Jones, City of Fresno Public Works Department Mr. Tony Boren, Council of Fresno County Governments "Caltrans improves mobility across California" } S011A11Qk SQ��0�4 City of OAIDP J>PU DEPARTMENT OF PUBLIC UTILITIES A*4"4c 1RElt1 S� Providing Life's Essential Services Date: January 12, 2010 To: WILL TACKETT, Planner III Planning and Development dTFrom: DOUG HECKER, Supervising Engineering Technici Department of Public Utilities, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT 5966 General Vesting Tentative Map of Tract 5966/UGM and Conditional Use Permit Application No. C-9-280 have been filed by Gary G. Giannetta Civil Engineering &Land Surveying on behalf of Bonadelle Homes, and pertain to approximately 35.79 net acres (38.61 gross acres) of property located on the northwest corner of the intersection of East International and North Chestnut Avenues. Vesting Tentative Tract Map No. 5966/UGM and Conditional Use Permit Application No. C-09-280 request authorization to subdivide the subject property for the purpose of a 182-lot sing family residential public street planned development on the subject property. Sanitary Sewer Service The nearest sanitary sewer mains to serve the proposed project are a 10-inch main located in North Chestnut Avenue, an 8-inch main located in East International Avenue and an 8-inch main located in East Prestwick Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 1. Construct an 8-inch sanitary sewer main in East International Avenue from the existing 8-inch main located in East International Avenue east of North Baird Avenue, east across the project frontage. 2. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 3. On-site sanitary sewer facilities shall be private. 4. Separate sewer house branches are required for each lot. 5. Abandon any existing on-site private septic systems. 6. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 7. All underground street utilities shall be installed prior to permanent street paving. 8. 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. 9. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Sewer Lateral Charge. 2. Sewer Oversize Charge. 3. Trunk Sewer Service Area: Herndon 4. Oversize Sewer Charge Number: 43 5. Wastewater Facilities Charge (Residential Only) City of F1 Q DEPARTMENT OF PUBLIC UTILITIES-WATER DIVISION reD IP U DATE: February 11, 2010 ProWdingLife's Essential5efVices 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. 5966/UGM The following conditions are required to provide water service to the tract. 1. The existing house to remain shall connect to the City of Fresno water and sewer system. Any onsite well(s) and septic sewer system(s) shall be abandoned. 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. TAPROJMNEC\Conditions of Approval\5966 021110.doc City of F R F;!U %,&,,.-- DEPARTMENT OF PUBLIC UTILITIES February 11, 2010 TO: Will Tackett, Planner III Development Department, Planning Division THROUGH: Robert Weakley, Chief of Operations Department of Public Utilities, Solid Waste Division FROM: `1 Chris Weibert, Management Analyst II Department of Public Utilities, Administration SUBJECT: TT 5966/UGM & C-09-280, Solid Waste Conditions of Approval Location: Northwest corner of the intersection of East International and North Chestnut Avenues (APN 578-010-14) The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5966/UGM & C-09-280 that was submitted by Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of Bonadelle Homes. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5966 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(11). No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(10). No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Conditions of Approval TT5966_Revised.doc Covenant Requirements: There shall be no parking allowed in the cul-de-sacs on the solid waste service day. All lots that are part of a cul-de-sac shall be clear of all vehicles by 5:30 a.m. Lots 118, 119, 120, 121, 156, 157, 158, 159, and 160 Conditions of Approval TT5966_Revised.doc MEMO TO FILE Consolidated Industries Inc., 7550 N. Palm Avenue, Suite 105, Fresno CA 93711, attn: Mike Tatham, would like special notice of any events, notices, meetings, actions, etc., with respect to this map. (As a downstream user of water in the Phillips Ditch, Consolidated Industries, Inc. has also requested the opportunity to review any proposed covenants/agreements with respect to this map as said covenants relate to the relocation, maintenance, access, use, etc of the Phillips Ditch.) Will ckt, Planner III City of Fr:no Planlq�ino Development Dept. v. S Randy R. Bruegman 4�v ' Fire Chief Bureau of Fire Prevention and Investigative Services : 911 H Street Fresno, California 93721-3083 R� (559) 621-4000 FAX (559) 498-4323 www.fresno.gov DATE: January 13, 2010 TO: Will Tackett, Planner III Planning and Development Department FROM: Justin H. Beal, Supervising Fire Prevention InspectoFJ4 Fire Department SUBJECT: VESTING TENTATIVE MAP OF TRACT NO. 5966 The Fire Department has completed a review of the Vesting Tentative Tract Map 5966 which was submitted by Gary G. Giannetta Civil Engineering and Land Surveying, Inc. 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 mile of City of Fresno, Fire Station No. 17. This project is subject to city wide fire service fees. Access is acceptable as shown. Provide residential hydrants and fire flows per Public Works standards with two sources of water. Hydrant local-ions are to be approved by the fire department. Hydrants are to be spaced at 450' on center. Provide proposed locations on map. Note: Phasing of tract will require re-review for access requirements. "To protect and serve and to put service above all else." File No.210.45 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS PUBLIC AGENCY DEVELOPER Kevin Fabino RICK HEYMAN Planning&Development Department BONADELLE HOMES City of Fresno 7030 N.FRUIT AVE.,SUITE 101 2600 Fresno Street FRESNO,CA 93711 Fresno, CA 93721 MAP NO. 5966 PRELIMINARY FEE(S)(See below) DRAINAGE AREA(S) " DE BT;7 DRAINAGE AREA DE $230,150.00 DATE Z, .J Q DRAINAGE AREA BZ $49,756.00 TOTAL FEE $279,906.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The O District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: a) Fees related to undeveloped or phased portions of the project may be deferrable. b) Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. e) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement will be made for the excess costs from future fees collected by the District from other development. 5966 54691x,OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 fl Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from paymcnt 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. l. a. Drainage from the site shall be directed to X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities to be constructed by Developer". None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Storm Drain Plan X Final Map X Street Plan X Water&Sewer Plan Other 4. Availability of drainage facilities: a. Permanent drainage service is available provided the developer can verify to the satisfaction of the City of Fresno that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. Temporary service is available through d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.) 3WA 5469 r OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 Appears to be located within a 500 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District. X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows.The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. A 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)permitting, to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which O may be generated by operations at the development after construction. ■ a. State General Permit for Storm Water Discharges Associated with Construction Activities, approved August 1999, (modified December 2002.) A State General Construction Pen-nit is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board (State Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance,and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 1997 (available at the District Office.) A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges, conduct routine site inspections,train employees in pen-nit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board. }06h 5469 F_OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 C. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits,eliminate the potential for non- storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9. The District reserves the right to modify,reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No. 2 for additional comments, recommendations and requirements. � �1�%v`� p � erald 1:. an, Project Engineer: Neda Shakeri District Engineer C: GARY G. GIANNETTA 1119 "S" STREET FRESNO, CA 93721 5vcr 5469 K OLIVE - IiIIESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document NOTE: THIS MAP IS SCHEMATIC DISTANCES ARE APPROXIMATE. I I c3 42 1 1 SARAZEN AVE I I ___D"'' I I I Q I SARAZEN AVE 42 I I TENNYSO PLC",� I I OL YUPIC AVE I I I I I PRESTWICK AVE I If - I ,1-- SAWGRASS AVEI I I � I I L I __I I I IW I I � I � ( I I I � W I---1 I n� - DE I � _ BZ I 1 Remove Temporary Inlet and ' Replace With Non-Master Plan Inlet(Not Eligible For Fee Credit) - ° =-- - ---- ----- - - - - - -– D INTERNATIONAL AVE �— I RUSH AVE AYE I�--__--_\ I Plug � I Roo LEGEND 1111� Master Plan Facilities To Be Constructed By Developer Non-Master Plan Facilities To Be Constructed By Developer 03m::'� (Not Eligible For Fee Credit) R— Existing Non-Master Plan Facilities(Shall Be Removed) t]— Existing Master Plan Facilities ----- Inlet Boundary --- — Drainage Area Boundary 1 "=300' Street Centerline TRACT 5966 —�- Direction of Drainage DRAINAGE AREA "DE" & "BZ" Valley Gutter EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT OTHER REQUIREMENTS EXHIBIT NO. 2 Tract 5966 is located in Drainage Areas "BZ" and "DE". The drainage boundary shall be consistent with the Master Plan inlet boundary. The Master Plan system has been designed such that during a two-year event flow will not exceed the height of the 6 inch curb. Should wedge curb(4.5 inches height)be used the same criteria shall apply whereby flow remains below the top of curb. Any extensions or pipe size increases due to meeting the requirement listed above shall be at the developer's expense. Development No. Tract 5966 engr\perm itslexh ibiMtract15966(ns) w. 1p CITY OF FRESNO - PLANNING AND DEVELOPMENT DEPARTMENT REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT, AND ENTITLEMENT APPLICATION REVIEW OF CONDITIONAL USE PERMIT APPLICATION NO. C-09-280 & VESTING TENTATIVE TRACT MAP NO. 5966/UGM Return Completed Form to: Will Tackett, Planner III Fresno Metropolitan Flood Control District Email: Will.Tackett@fresno.gov Telephone: 559-621-8063 7 Planning & Development Department 2600 Fresno Street, Third Floor Fresno CA 93721-3604 PROJECT DESCRIPTION AND LOCATION: Vesting Tentative Tract Map No. 5966/UGM and Conditional Use Permit Application No. C-09-280 have been filed by Gary G. Giannetta Civil Engineering & Land Surveying on behalf of Bonadelle Homes, and pertain to approximately 35.79 net acres (38.61 gross acres)of property located on the northwest comer of the intersection of East International and North Chestnut Avenues. Vesting Tentative Tract Map No.5966/UGM and Conditional Use Permit Application No.C-09-280 request authorization to subdivide the subject property for the purpose of a 182-lot single family residential public street planned development on the subject property. APN: 578-010-14 ZONING: R-1/UGM ADDRESS: 10505 North Chestnut Avenue DATE ROUTED: January 04, 2010 COMMENT DEADLINE: February02, 2010 If no response is received by the comment deadline,it will be assumed you have no comments to submit. Vv"ILL THIS PROJECT AFFECT YOUR AGENCY/JURISDICTIOt�? (If yes, specify.) pf�a-1,e sem coWaGh.cd Fir 0 Aldli-" a-1 Ke-or,��. SUGGESTION(S) TO REDUCE IMPACTS/ADDRESS CONCERNS: REQUIRED CONDITIONS OF APPROVAL: IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific): JJ l � REVIEWED IBY: �¢ C4 rho:en ('inS�r�¢+�+� �>F `►J sI G�32�z � /v Name and Title Telephone Number Date District 6; Woodward Park Community Plan A[,wh.inenls: � COUP County of Fresno i Department of Public Health Edward L. Moreno, M.D., M.P.H.,Director-Health Officer p� 1856p ARES January 21, 2010 999999999 L00015479 Will Tackett PE 2602 City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackett: PROJECT NUMBER: T-5966/UGM, C-09-280 PROJECT DESCRIPTION AND LOCATION: Proposes a 182-lot single-family residential subdivision on 38.61-acres located on the northeast corner of the intersection of East International and North Chestnut Avenues. APN: 578-010-14 Zoning: R-1/UGM Address: 10505 North Chestnut Avenue Recommended Conditions of Approval: • Construction permits for the 182-lot residential subdivision should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559)445-5116. • Construction permits for the 182-lot residential subdivision should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of 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. 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 1221 Fulton Mall/P.O. Box 11867/Fresno,California 93775/(559)445-3357/FAX(559)445-3379 Equal Employment Opportunity-Affirmative Action-Disabled Employer Will Tacked T-5953, C-09-280 January 21, 2010 Page 2 of 2 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. • Due to the proximity of the proposed residential uses to an existing thoroughfare, consideration should be given to conformance with the Noise Element of the City of Fresno General Plan. A noise study should be conducted in order to identify the potential noise impacts and offer mitigation alternatives. • 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: CG � hlry tl9 �Janet Gardner hes 'ru.0US R.E.H.S., M.P.H. Environmental Health Specialist III (559)445-3271 j9 cc: Wayne Fox, Environmental Health Division T-5966 C-09-280 Bonadelle Homes E-File '+ y OFIICiES OF PHONE(559)233.7161 ��- — - FAX(559)233-9227 __�- .... 2907 SOUTH MAPLE AVENUE r- FRESNO.CALIFORNIA 93725-2218 Your Most Vaivab&a P40WL W-Water February 2, 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. 5966, Conditional Use Permit No. C-09-280 Phillips Canal No. 158 (Private), N/W International and Chestnut Avenues Dear Mr. Tackett: The Fresno Irrigation District (FID) has reviewed the Vesting Tentative Tract Map No. 5966 and Conditional Use Permit No. C-09-280 applications, being filed concurrently, to divide 35.79 acres into an 182 lot single family residential public street planned development located at the northwest corner of East International and North Chestnut Avenues, APN 578-010-14, and has the following comments: 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. The proposed development appears to be within the City of Fresno's Sphere of Influence but lies outside FID's boundary line. The development is not entitled to water from the Kings River. 3. For informational purposes, a private canal known as the Phillips No. 158 traverses the subject parcel as shown on the attached FID exhibit map. FID does not own, operate or maintain this private canal. This is an active canal and will need to remain in service. FID can provide a list of water users on this canal upon request. 4. The proposed land use (or change in land use)should be such that the need for water is minimized and/or reduced so that groundwater impacts to the proposed project area and any surrounding areas are eliminated. The"demand" side of water consumed needs to be evaluated or scrutinized as much as the"supply" side of the water supply. 5. FID is concerned that the proposed development may negatively impact local groundwater supplies including those areas adjacent to or neighboring the proposed 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 5966, CUP C-09-280 February 2, 2010 Page 2 of 2 development area. The area was historically agricultural land and a significant portion of 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 was historically agricultural land and a significant portion of its water supply was 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. 6. It is unclear if the source of water for this development is solely groundwater or a mixture of treated surface water from FID's Enterprise Canal. If treated surface water will be used, the City must acquire additional water from a water purveyor, such as FID for that purpose, so as to not reduce water supplies to or create water supply deficits in other areas of the City. Water supply issues must be resolved before any further"hardening" of the water supply demand is allowed to take place. 7. It should be noted that without the use of surface water, continued dependence on solely a groundwater supply will do nothing to reverse or correct the existing overdraft of the groundwater supply beneath the City of Fresno and FID service area. As this project will "harden" or make firmer the need for water, the long-term correction of the groundwater overdraft should be considered as a requirement of the project. 8. The City of Fresno and FID have been working to address water supplies issues for development outside of the FID service area. We encourage the City to continue towards finding solutions to minimize the impacts of changes in land uses and to mitigate any existing adverse water supply impacts within the development areas. Thank you for submitting this for our review. We appreciate the opportunity to review and comment on the subject documents for the proposed project. If you have any questions please feel free to contact James Shields at 233-7161 extension 319 or jshields@fresnoirrigation.com. Sincerely, William R. Stretch, P.E. Chief Engineer Attachment cc: Mr. Gary G. Giannetta -Applicant G1A:enaeslCdy:Cond,t orel Use PermOC-09-280.doc I I � �d I I \ \ G�\ I � \ ♦ o Y U \ I � \ a inNLS3140 _ - 5. ++ 1f1N1S3H0 2 bd OOOMMLSVOI I _ r 1 phlUips No 158 4N WV30 O z w p 4 3-lavw3aiv ` 5 3Ilv3a03a � z _ - p n oN sd!3�yd — — aZ CW Q �' - LL co w Nay \J K v�N�t M Qi / _ oaIva a ve co Q a3NOva 1 � Yj III a a C) MT r O a r31! Y —M y 1- o IE a: jj] r _ _ Z O K w Lli C7 K Y m u Q N 2 W f! w ccco III _I LO Q r i i — i WOSHOvr - CLOVIS U N I F I E D t' SCHOOL DISTRICT �1 Goveming Board January 20,2010 Sandra A.BeWi Christopher Casado Will Tackett, Planner III Brian D.Heryhord City of Fresno Canny Hovsepian Planning & Development Department Elizabeth t.Sandoval 2600 Fresno Street,Third Floor e.scotr Troesd,er Fresno, CA 93721-3604 Jim Van Volkinburg.D.D.S. SUBJECT: Tentative Tract Map TM5966/UGM Northwest Corner of East International and North Chestnut Avenues Adminlitratlon Dear Mf. Tackett: David E_Cash.Ed.D_ Michelle StealgaN,Ed.A. The purpose of this letter is to provide school district information relative to the above- Associate Superintendenr referenced applications and to comply with Business and Professions Code section 11010, Steve ward subdivision (b)(1 1)(A) regarding the provision of school-related information to the AssocaateSuper/ntendenr Jansubdivider/owner and the State Department of Real Estate. Associate S peri �Y ASSOddtt$uperitrtEndenr Project development will affect the District by generating students that will need to be housed in District schools. Assuming that the project site will be developed with 182 single family units, the following comments can be made at this time: 1. The number of students generated by the project is estimated as follows: grades K-6, 71 students; grades 7-8, 17 students;grades 9-12,31 students. 2. Elementary School Information: (a) The subject land is presently within the attendance area of the elementary school (grades K-6) listed below: School Name: Fugman Elementary School Address: 10825 N. Cedar Avenue, Fresno, CA 93730 Telephone: (559)327-8700 Capacity: 725 Enrollment: 636(CBEDS enrollment 2009-10 school year) (b) Because of projected growth in the District and the District's plans for construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than Fugman, and (2) students residing in the project area may attend more than one elementary school within the District during their elementary school years. 3. Intermediate and High School Information: 1450 Herndon Avenue•Oovls,CA 93611-0599 559-327-9000-www.cusd.corn (a) The project area is currently served by the following intermediate school (grades 7-8) and high school (grades 9-12): School Name: Granite Ridge Intermediate School Address: 2770 E. International Avenue, Fresno, CA 93730 Telephone: (559)327-5000 Capacity: 1,502 Enrollment: 969(CBEDS enrollment 2009-10 school year) School Name: Clovis North High School Address: 2770 E. International Avenue,Fresno,CA 93730 Telephone: (559)327-5000 Capacity: 2,900 Enrollment: 1,252(CBEDS enrollment 2009-10 school year) 4. Bus transportation is currently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than two and one-half miles from school. Transportation will be available for students attending the above-identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. 5. The District currently levies a school facilities fee of$3.23 per square foot for residential development. The fee is adjusted periodically in accordance with law. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. The District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project. Thank you for the opportunity to comment on the project. Please contact me if you have any questions regarding this letter. Sincerely, A Steve Ward Associate Superintendent Administrative Services E201010000021 CITY OF FRESNO File h: NOTICE OF INTENT TO ADOPT A D ED FINDING OF CONFORMITY JAN 15 2010 PROJECT TITLE AND ENVIRONMENTAL ASSESSMENT NO. C-09-280/T-5966 FRESN COUNTY CLE K By ' ,�� .�i APPLICANT: FRESNO COUNTY CLERK 2221 Kern Street, Fresno, CA Bonadelle Homes 93721 7030 North Fruit Avenue, Suite 101 Fresno, CA 93711 Ph: (559) 435-9700 PROJECT LOCATION: Located on the northwest corner of the intersection of East International and North Chestnut Avenues. (APN: 578-010-14) Site Latitude: 360 53' 25.00" N Longitude and 1190 44' 26.00"W Mount Diablo Base & Meridian, Township 11 S Range 21 E, Section 13 PROJECT DESCRIPTION: Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of Bonadelle Homes, property owner, has filed Conditional Use Permit (CUP) Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM pertaining to approximately 35.79 net acres (38.61 gross acres�of property located on the northwest corner of the intersection of East International and North Chestnut Avenues. Conditional Use Permit Application No. C- 09-280 and Vesting Tentative Tract Map No. 5966/UGM requests authorization to subdivide the subject property for the purposes of a creating a 182-lot single family residential public street planned development on the subject property at an overall density of approximately 5.09 dwelling units per acre. The subject property is located within the boundaries of the 2025 Fresno General Plan and the Woodward Park Community Plan. The 2025 Fresno General Plan and the Woodward Park Community Plan designate the subject site for Medium-Low Density Residential (2.19-6.00 dwelling units/acre) planned land uses. The subject property is currently zoned under the R-1/UGM (Single Family ResidentiaUUrban Growth Management) zone district classification. According to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the existing R-1 (Single Family Residential) zone district for the subject property and the proposed overall density of 5.09 dwelling units/acre are consistent with the Medium-Low Density Residential planned land use designation. E201010000021 The City of Fresno has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is fully within the scope of the Master Environmental Impact Report No. 10130 ("MEIR) prepared for the 2025 Fresno General Plan (SCH # 2001071097). Therefore, the Planning and Development Department proposes to adopt a Finding of Conformity for this project. With the mitigation imposed, there is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR. After conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Additional information on the proposed project, including the proposed environmental finding and -the initial study may be obtained from the Planning and Development Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno, California 93721-3604. Please contact Will Tackett at (559) 621-8063 or via e-mail at Will.Tackett@fresno.gov for more information. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor's name and address; (2) the commentor's interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on February 15, 2010, Please direct comments to Will Tackett, City of Fresno Planning and Development Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, 93721-3604; or by email to WilI.Tackett@Fresno.gov or they can be sent by facsimile to (559) 498-1026. Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5956/UGM as well as this proposed environmental finding have been tentatively scheduled to be heard by the Planning Commission on February 17, 2010 at 6:00pm or thereafter. This hearing will be held in the Fresno City Council Chambers located at Fresno City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California, 93721. Your written and oral comments are welcomed at the hearing and will be considered in the final decision. INITIAL STUDY PREPARED BY: SUBMITTED BY: Will Tackett, Planner Aq Mike Sanchez, Planning Manager DATE: January 15, 2010 CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT CITY OF FRESNO— ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND FINDING OF CONFORMITY/ME/R NO. 10130 Pursuant to Section 21157.1 of the California Public Resource Code (California Notice of Intent was filed with: Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the X FRESNO COUNTY CLERK 2025 Fresno General Plan. 2221 Kern Street Fresno, California 93721 STATE CLEARINGHOUSE r Office of Planning & Research 1400 Tenth Street, Suite 212 Sacramento, California 95814 Applicant: Initial Study Prepared By: Will Tackett, Planner Bonadelle Homes January 15, 2010 7030 North Fruit Avenue, Suite 101 Fresno, CA 93711 Ph: (559) 435-9700 Environmental Assessment Number: Project Location (including APN): C-09-280/T-5966 Located on the northwest corner of the intersection of East International and North Chestnut Avenues. (APN: 578-010-14) Site Latitude: 360 53' 25.00" N Longitude and 1190 44' 26.00"W Mount Diablo Base & Meridian, Township 11 S Range 21 E, Section 13 Project Description: Gary G. Giannetta Civil Engineering & Land Surveying, on behalf of Bonadelle Homes, property owner, has filed Conditional Use Permit (CUP) Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM pertaining to approximately 35.79 net acres (38.61 gross acres) of property located on the northwest corner of the intersection of East International and North Chestnut Avenues. Conditional Use Permit Application No. C-09-280 and Vesting Tentative Tract Map No. 5966/UGM requests authorization to subdivide the subject property for the purposes of a creating a 182-lot single family residential public street planned development on the subject property at an overall density of approximately 5.09 dwelling units per acre. The subject property is located within the boundaries of the 2025 Fresno General Plan and the Woodward Park Community Plan. The 2025 Fresno General Plan and the Woodward Park Community Plan designate the subject site for Medium-Low Density Residential (2.19-6.00 dwelling units/acre) planned land uses. The subject property is currently zoned under the R-1/UGM (Single Family Residential/Urban Growth Management) zone district classification. According to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the existing R-1 (Single Family Residentiao zone district for the subject property and the proposed overall density of 5.09 dwelling units/acre are consistent with the Medium-Low Density Residential planned land use designation. Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. C-09-280fT-5966 January 15, 2010 Page 2 Conformance to Master Environmental Impact Report(MEIR) NO. 10130: The Planning and Development Department staff has prepared an initial study and environmental checklist and evaluated the above-described project in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan, the related Master Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097), and Mitigated Negative Declaration (MND) No. A-09-02 (SCH # 2009051016). The subject property is currently developed with one single family residence and the proposed project will be developed at an intensity and scale that is permitted by the planned land use and proposed zoning designation for the site. Thus, the proposed planned development subdivision project will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 and MND No. A-09-02 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 and MND No. A-09-02; as provided by CEQA Section 15177(b)(3). Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to this specific project proposal, the environmental impacts noted in the MEIR, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the Medium-Low Density Residential planned land use designation specified for the subject property. Based on this initial study, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR (as indicated on the attached Environmental Assessment Checklist), or MND for the following reasons. The city's investigation of the site and the project have revealed that there are no unique topographic, soil, or geological conditions at the site that will be impacted by this project, that there are no aspects of this project that will result in impacts to air quality, water supply or quality, plant life or animal life beyond those analyzed in the MEIR or MND. The site is an approximately 35.79 net acre parcel located on the northwest corner of the intersection of East International and North Chestnut Avenues, within a predominately urbanized area (single family residences have been developed on three sides; and, High School campus developed on fourth side of subject property). There is no evidence that the site contains any habitats for wildlife, unique, rare, or endangered plants or animals, or historic buildings, or historic resources. The project is consistent with the 2025 Fresno General Plan planned land use designation for this site. As such, the MEIR's and MND's mitigation measures related to air quality, water, noise, light and glare, transportation and circulation, and urban services have been applied to this project. The Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the proposed single family residential planned development and the expected traffic generation will not adversely impact the existing and projected circulation system as analyzed in MEIR No. 10130. There is no evidence that this site is subject to flooding, contains any hazardous materials, or that the project will generate or release hazardous substances beyond those already analyzed by the MEIR or MND, or result in an adverse change in course of flow of flood waters. Finally, new urban developments comprised of single family residences and a high school campus have already occurred on all sides of the subject property. As such, there is no evidence that this project will have any visual impacts on any scenic vistas or views. Thus, the scope of the work and impacts to the site and surrounding area were fully analyzed under the MEIR and MND. As a result, (3) no new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND, as explained above. Therefore, the project proposal is within the scope of the MEIR and MND as defined by Section 15177 of the CEQA Guidelines. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified, or the MND adopted; and that no new relevant information, which was not known and could not have been known at the time that the MEIR was certified as complete or the MND was adopted, has become available. A review summary to the 2025 Fresno General Plan is attached to this Initial Study as reference. Moreover, as lead agency for this project, the Planning and Development Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 and MND No. A-09-02 shall apply to the project proposal as noted in the attached mitigation monitoring checklist. Finding of Conformity Under MEIR No. 10130 Environmental Assessment No. C-09-280/T-5966 January 15, 2010 Page 3 Public notice has been provided regarding staff's finding in a manner prescribed by this section of the Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). F J Mike Sanchez Date Planning Manager, City of Fresno Attachments: Summary of Findings of MEIR No. 10130 Prepared for the 2025 Fresno General Plan A Review Summary to the 2025 Fresno General Plan CEQA Appendix°G"Environmental Checklist Form MEIR Mitigation Monitoring Checklist