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Home My WebLink AboutT-5987 - Conditions of Approval - 4/7/2011 C'"°' REPORT TO THE PLANNING COMMISSION V1 1 i _A AGENDA ITEM NO. COMMISSION MEETING 04/06/11 April 6, 2011 FROM: KEVIN FABINO, Planning Manage ~ Development & Resource Management Department DD ARTMENT DIRECTOR THROUGH: MIKE SANCHEZ, Planning Manager Development Services Division �� BY: MCKENCIE CONTRERAS, Planner III Development Services Division SUBJECT: CONSIDERATION OF PLAN AMENDMENT APPLICATION NO. A-10-010; REZONE APPLICATION NO. R-10-011; CONDITIONAL USE PERMIT APPLICATION NO. C-10-235; VESTING TENTATIVE TRACT MAP NO. 5987; AND, RELATED ENVIRONMENTAL ASSESSMENT NO. A-10-010/R-10-011/C- 10-235/T-5987. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. RECOMMEND APPROVAL (to the City Council) of the adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. A-10-010/R-10-011/C-10-235/T-5987 for the purpose of the proposed plan amendment and rezone applications. 2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. A-10- 010 proposing to amend the 2025 Fresno General Plan and Bullard Community Plan from the low density residential planned land use designation to the medium density residential planned land use designation. 3. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. R-10-011 requesting authorization to reclassify the subject property from the R-1-EH (Single Family Residential Estate, minimum lot size of 37,500 square feet—Horses permitted) and R-1-AH (Single Family Residential, minimum lot size of 20,000 square feet—Horses permitted) zone districts to the R-1 (Single Family Residential) zone district. 4. APPROVE the Mitigated Negative Declaration prepared for Environmental Assessment No. A-10-010/R-10-011/C-10-235/T-5987 for the purpose of the proposed Conditional Use Permit and Vesting Tentative Tract Map applications, contingent upon City Council approval of Plan Amendment Application No. A-10-010, Rezone Application No. R-10-011, and the related environmental assessment. 5. APPROVE Conditional Use Permit Application No. C-10-235 subject to the findings included within the Staff Report to the Planning Commission dated April 6, 2011; compliance with the Conditions of Approval dated April 6, 2011; and, contingent upon City Council approval of Plan Amendment Application No. A-10-010, Rezone Application No. R-10-011, and the related environmental assessment. 6. APPROVE Vesting Tentative Tract Map No. 5987 subject to the findings included within the Staff Report to the Planning Commission dated April 6, 2011; compliance with the Conditions of Approval dated April 6, 2011; and, contingent upon City Council approval of Plan Amendment Application No. A-10-010, Rezone Application No. R-10-011, and the related environmental assessment. REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 2 EXECUTIVE SUMMARY Dirk Poeschel Land Development Services, Inc., on behalf of Wathen-Castanos Hybrid Homes, Inc., has filed Plan Amendment Application No. A-10-010, Rezone Application No. R-10-011, Conditional Use Permit Application No. C-10-235, and Vesting Tentative Tract Map No. 5987 pertaining to approximately 4.54 acres of property located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues. Plan Amendment Application No. A-10-010 proposes to amend the 2025 Fresno General Plan and Bullard Community Plan From the low density residential planned land use designation to the medium density residential planned land use designation. Rezone Application No. R-10-011 proposes to reclassify the subject property From the R-1-EH (Single Family Residential Estate, minimum lot size of 37,500 square feet—Horses permitted) and R-1-AH (Single Family Residential, minimum lot size of 20,000 square feet—Horses permitted) zone districts to the R-1 (Single Family Residential) zone district. These applications have been filed in order to facilitate approval of a proposed 36-lot single family residential private street planned development subdivision of the subject property in accordance with Conditional Use Permit Application No. C-10-235 and Vesting Tentative Tract Map No. 5987. PROJECT INFORMATION PROJECT Plan Amendment Application No. A-10-010 proposes to amend the 2025 Fresno General Plan and Bullard Community Plan from the low density residential planned land use designation to the medium density residential planned land use designation. Rezone Application No. R-10-011 proposes to reclassify the subject property from the R-1-EH (Single Family Residential Estate, minimum lot size of 37,500 square feet—Horses permitted) and R-1-AH (Single Family Residential, minimum lot size of 20,000 square feet—Horses permitted) zone districts to the R-1 (Single Family Residential) zone district. These applications have been filed in order to facilitate approval of a proposed 36-lot single family residential private street planned development subdivision of the subject property in accordance with Conditional Use Permit Application No. C-10-235 and Vesting Tentative Tract Map No. 5987. APPLICANT Dirk Poeschel Land Development Services, Inc., on behalf of, Wathen-Castanos Hybrid Homes, Inc., subdivider LOCATION 5690 North Forkner Avenue: Located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues (Council District 2, Councilmember Borgeas) REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 3 SITE SIZE Approximately 4.54 acres PLANNED LAND USE Existing - Low Density Residential Proposed - Medium Density Residential ZONING Existing - R-1-EH (Single Family Residential Estate, minimum lot size of 37,500 square feet—Horses permitted); and, R-1-AH (Single Family Residential, minimum lot size of 20,000 square feet—Horses permitted) Proposed - R-1 (Single Family Residential); 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 Fresno Municipal Code (FMC), the proposed R-1 zone district classirication proposed for the subject property and the proposed Medium Density Residential planned land use designation for the subject property may be found consistent. ENVIRONMENTAL Finding of a Mitigated Negative Declaration filed on March 4, 2011. FINDING PLAN COMMITTEE A formal recommendation was made by the District 2 Plan RECOMMENDATION Implementation Corrimittee on January 24, 2011. The Committee unanimously approved the plan amendment, rezone, conditional use permit and vesting tentative map applications. STAFF Recommend Approval (to the City Council) of: (1) Adoption of the RECOMMENDATION Mitigated Negative Declaration prepared for Environmental Assessment No. A-10-010/R-10-011/C-10-235/T-5987 for the Plan Amendment and Rezone Applications; (2) Plan Amendment Application No. A-10-010; and, (3) Rezone Application No. R-10-011. Recommend Approval (by the Planning Commission) of: (1) Adoption of the Mitigated Negative Declaration prepared for Environmental Assessment No. A-10-010/R-10-011/C-10-235/T-5987 for the Conditional Use Permit and Vesting Tentative Tract Map applications; (2) Conditional Use Permit Application No. C-10-235; and, (3) Vesting Tentative Tract Map No. 5987. REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 4 BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North Medium Density Residential R-1 Single Family Residential Single Family Residential East R-1-B Medium-Low Density Residential Single Family Residential-Minimum lot size Single Family Residential of 12,500 square feet South R-1-113 Single Family Residential-Minimum lot size Low Density Residential of 12,500 square feet Single Family Residential R-1-AH Single Family Residential-Minimum lot size of 20,000 square feet West Public Facility/Elementary Single Family Residential-Minimum lot size Elementary School School of 20,000 square feet ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Bullard Community Plan area, including the Master Environmental Impact Report (MEIR) No. 10130 for the 2025 Fresno General Plan (SCH#2001071097) and Mitigated Negative Declaration (MND) No. A-09-02 (SCH#2009051016). These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. The proposed amendment of the adopted 2025 Fresno General Plan, has been determined to not be fully within the scope of MEIR No. 10130 as provided by the CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). It has been further determined that all applicable rnitigation measures of MEIR No. 10130 and MND No. A-09-02 have been applied to the project, together with project specific mitigation measures 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 or MND No. A-09-02 as provided by CEQA Section 15178(a). In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 5 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. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a draft mitigated negative declaration for this project. A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. A-10-010/R-10-011/C-10-235/T-5987 was published on March 4, 2011 with no comments or appeals received to date. BACKGROUND /ANALYSIS Dirk Poeschel Land Development Services, Inc., on behalf of Wathen-Castanos Hybrid Homes, Inc., has filed Plan Amendment Application No. A-10-010, Rezone Application No. R-10-011, Conditional Use Permit Application No. C-10-235, and Vesting Tentative Tract Map No. 5987 pertaining to approximately 4.54 acres of property located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues. Plan Amendment Application No. A-10-010 proposes to amend the 2025 Fresno General Plan and Bullard Community Plan from the low density residential planned land use designation to the medium density residential planned land use designation. Rezone Application No. R-10-011 proposes to reclassify the subject property from the R-1-EH (Single Family Residential Estate, minimum lot size of 37,500 square feet—Horses permitted) and R-1-AH (Single Family Residential, minimum lot size of 20,000 square feet—Horses permitted) zone districts to the R-1 (Single Family Residential) zone district. These applications have been filed in order to facilitate approval of a proposed 36-lot single family residential private street planned development subdivision of the subject property in accordance with Conditional Use Permit Application No. C-10-235 and Vesting Tentative Tract Map No. 5987. The Subdivision Map Act (Section 66400 et. Seq. of the California Government Code) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the applicable general plan and applicable specific plan. 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 FMC the proposed R-1 (Single Family Residential) zone district is consistent with the proposed Medium Density Residential (4.99-10.37 dwelling units/acre) planned land use designations for the subject property, respectively. Therefore, the proposed future residential subdivision and planned development of the subject property at an overall density of approximately 7.92 dwelling units per acre, in a manner which is consistent with the permitted uses and property development standards of the proposed R-1 (Single Family Residential) zone district (as proposed by Vesting Tentative Tract Map No. 5987) may be determined to be REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 6 consistent with the proposed Medium Density Residential planned land use designation for the subject property. Vesting Tentative Tract Map No. 5987 and Conditional Use Permit Application No. C-10-235 provide for the subdivision and development of a proposed 36-lot, single family residential gated private street planned development with modified lot area, lot dimension, and building setback requirements at an overall density of approximately 7.92 dwelling units per acre. The conditional use permit will also provide for reduced front, side, street side, and rear yard setbacks as are typically provided in planned development subdivisions. Lots proposed have building envelopes providing for front yard setbacks of no less than 8 feet in depth, rear yard setbacks of no less than 5 feet in depth, side yard setbacks of a minimum 3 feet in width, and street side yard setbacks of a minimum of 4 feet in depth. Approximately 0.26 acres (11,153 square feet) of the subject property, or approximately six percent of the site area, has been designated between common open space areas, entryway landscaping, and landscaped buffers along the public street frontage and at the end of interior blocks. 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 except in that triangular area of a reversed corner lot, 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. Lots 9, 12, 18, and 19 of Vesting Tentative Tract Map No. T-5987 are reversed corner lots. Therefore, the above mentioned exception applies to those lots. The subject property is bounded on the north by an existing single family residential planned development subdivision (Tract 4629 recorded in 1994). Properties to the east and south of the subject property have been developed with single family residential land uses. Property to the west of the subject property, and across North Forkner Avenue, has been developed with an elementary school. Land Use Plans and Policies Objective C-9 of the 2025 Fresno General Plan directs planning for the diversity and quality of residential housing, at locations necessary to provide for adequate and affordable housing opportunities. Housing patterns should support balanced urban growth, and should make efficient use of resources and public facilities. Supporting policy C-9-k recommends that Medium Density Residential uses shall be developed to maximize efficient use and affordability of residential property through a wide range of densities. New residential projects within this land use category should not be permitted to be developed at a density less than the minimum shown in Table 2 in order to better achieve the goals of the city's Housing Element. Objective C-10 of the 2025 Fresno General Plan promotes the development of more compact friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and materials. Supporting policy C-10-a recommends facilitating the construction of higher density single family residential development while maintaining a pleasant living environment. Policy C-10-d encourages the development of two-story homes as a means to conserve land, maintain open space on residential lots, and provide adequate living space. REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 7 Similarly, the goals of the Bullard Community Plan are directed toward: (1) The provision of a diversity of housing types and housing opportunities to meet the needs of all ages and income levels; (2) Providing for safe, clean and aesthetically pleasing neighborhoods; and, (3) Providing for compatible relationships between differing housing types and densities. The proposed project meets the goals, objectives and policies of the 2025 Fresno General Plan and Bullard Community Plan by providing a project which introduces higher density single family residential development in a manner which will maintain a pleasant living environment through reservation of adequate living spaces and protecting the integrity of adjacent neighborhoods. The close proximity of existing and planned neighborhood commercial and open space / park, school, and single and multiple family residential uses provides for a unique and diverse context, which the proposed project will complement and embellish. The proposed project facilitates comprehensive infill development through the completion and improvement of the local street network within the limits of the proposed subdivision, which will further meet the needs of balanced urban growth. Therefore it is staff's opinion that the proposed project is consistent with respective general and community plan objectives and policies. Furthermore, conditions of approval respective to the proposed project will assure compliance with the objectives and policies of the plans. Circulation Element Plan Policies and Major Street System Traffic Capacity The subject property is located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues. The mitigation measures established by the certification of MEIR No. 10130, requires that all plan amendments are required to prepare a traffic impact study (TIS). Applying the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual, upon completion of development of the subject property pursuant to Vesting Tentative Tract Map No. 5987, the use of the subject property is expected to generate an average of approximately 345 average daily trips (ADT). Of these vehicle trips it is projected that 27 will occur during the morning (7 to 9 a.m.) peak hour travel period and 36 will occur during the evening (4 to 6 p.m.) peak hour travel period. The existing 2025 Fresno General Plan planned land uses for the subject property would generate 96 ADT, 8 'trips occurring during the a.m. peak hour and 10 trips during the p.m. peak hour. Calculating the number of dwelling units which could be developed on the currently planned Low Density Residential subject property at the maximum density allowed by the Low Density Residential planned land use designation of the 2025 Fresno General Plan (approximately 4.54 net acres at 2.18 dwelling units/acre), yields approximately 10 dwelling units. Comparing this figure to the 36 dwelling units proposed to be developed on the subject property represents a difference of 26 dwelling units. The proposed senior planned unit development subdivision, with the proximity and connectivity of residential and open space land uses, provides for a pattern of development which is anticipated to have the potential to reduce the number of average daily vehicle trips. The proposed pattern of residential development, with nodes of higher housing densities in areas of the development that are easily served by proximate neighborhood commercial uses along with open spaces and pedestrian paths which augment a well connected street network will provide a system of integrated and interesting travel routes to various destinations. The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the plan amendment, rezone, conditional use permit and vesting REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 8 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 which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division and City Engineer dated March 2 and 10, 2011, respectively. These requirements generally include: (1) Adjacent public street improvements, right-of-way dedications and vacations (including, but not limited to, construction of concrete curbs, gutters, and sidewalks, permanent pavement, and underground street lighl.ing systems; (2) Dedication one foot across the outlot at the north end of Warren; (3) Restrictions for curbside parking at specific loca[ions; (4) Identification and installation (as may be appropriate) respective to a "safe route to school" for the nearby elementary school; and, (5) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and the Regional Transportation Mitigation Fee (RTMF) Fee. The area street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to, and recognize the traffic generating characteristics of, individual properties and, at the same time, afford the community an adequate and efficient circulation system. Public Services The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services will be available to serve the proposed project subject to implementation of the 2025 Fresno General Plan policies and the mitigation measures of Master Environmental Impact Report No. 10130; the provision and construction of standard connections, extensions, and installations of facility infrastructure; completion of incremental expansions to facilities for planned water supply, treatment, and storage; and, incorporation of the mitigation measures related to water and sanitary sewer service identified within the attached memorandum from the Department of Public Utilities, Water division dated March 3, 2011 and the memorandum from the Department of Public Utilities, Planning and Engineering Division dated January 26, 2011. The developer is required to provide a detailed water usage analysis identifying water fixtures, landscape, and laundry efficiencies to document water conservation design characteristics. The water usage analysis is subject to approval by the Director of Public Utilities. The proposed project will be required to provide two independent sources of water, meeting Federal and State Drinking Water Act Standards as is typical. Therefore, implementation of the 2025 Fresno General Plan policies and the mitigation measures of Master Environmental Impact Report No. 10130, along with the identified project specific mitigation measures will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. The City of Fresno Fire Department has conditioned the proposed project with requirements for installation of private fire hydrants and the provision of adequate fire flows per Public Works Standards. Additionally, the proposed project will be required to designate specific locations within the proposed private street network as "Fire Lanes", with on-street parking restrictions in order to accommodate emergency vehicle movements. Hydrants and street furniture will be required to be located outside the sweep of any turn radii. Emergency vehicle access (EVA) and gated entries will be required to provide approved Police/Fire bypass locks, visual recognition features, and battery backups for gates. Covenants, Conditions, and Restrictions (CCR's) for the proposed project will also be required to REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 9 contain terms and provisions for annual fire inspection fees for maintenance of access and parking restriction requirements. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that permanent drainage service was available provided the developer could verify to the satisfaction of the City of Fresno that runoff could be safely conveyed to the Master Plan inlet(s). The proposed project will be subject to compliance with the conditions submitted by the FMFCD for the proposed project dated March 1, 2011. State Department of Transportation (Caltrans) Along with other cities and Fresno County, the City of Fresno has partnered with the Fresno County Council of Governments and Caltrans on a regional study for the greater Fresno-Clovis-Madera Metropolitan area. The study may provide the nexus/rough proportionality study necessary for determining a developer's proportionate responsibility for capital improvements to the state highway system. The California Department of Transportation (Caltrans), District 6, Office of Intergovernmental Relations has reviewed the proposed project and potential for traffic related impacts to state facilities and has provided no comments at this time. The City Traffic Engineer has also provided that the proposed project will be required to pay the TSMI Fee. Furthermore, the proposed project is required to pay the FMSI and RTMF Fees. Therefore, it is anticipated that with the adoption of these impact fee programs, the project subject to the conditions of approval will be paying its nexus towards State facilities and cumulative impacts. District 2 Plan Implementation Committee and Community Outreach A formal recommendation was made by the District 2 Plan Implementation Committee on January 24, 2011. The Committee unanimously approved the plan amendment, rezone, conditional use permit and vesting tentative map applications. On March 22, 2011 the project applicant held a neighborhood meeting at Malloch Elementary School. Property owners were notified to a distance of 500 feet from the boundary of the subject property, consistent with public notice and mailing requirements for the proposed Plan Amendment Application. At this meeting there were 32 project neighbors in attendance. The general disposition of the neighboring property owners respective to the proposed project was perceived to be positive in nature. Conditional Use Permit Findings 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 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, REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 10 Finding The area of the proposed residential planned development is approximately 4.54 net acres a: in size. The subject site has been proposed to be subdivided into 36 residential lots, with lot sizes ranging from approximately 3,200 to 5,000 square feet in area at an overall density of approximately 7.92 dwelling units/acre. Multi-department/agency review of the proposed development plan (Conditional Use Permit Application No. C-10-235) has demonstrated that there is adequate space to meet all applicable requirements of the Code as established and modified in the Special Permit conditions of approval dated April 6, 2011; including yards, spaces, walls and fences, parking, landscaping and open spaces 4@ 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, Finding Staff From the Public Works Department, Transportation Planning section has estimated b: that the proposed development will generate approximately 8 a.m.110 p.m. peak hour vehicle trips which can be accommodated by the adjacent streets subject to the respective requirements for dedications, vacations, and improvement of adjacent portions of North Forkner Avenue 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 92-306-N-30 of this Code. Finding The staff of the Development and Resource Management Department has determined that c: the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 Fresno General Plan and Bullard Community Plan, contingent upon City Council approval of Plan Amendment Application No. A-10-010 and Rezone Application No. R-10-011; proposing to designate and zone the subject property for Medium Density Residential 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 FMC the project REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 11 design meets the density and zoning ordinance criteria for development in this planned land use and zone district designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval prepared will ensure adequate access and drainage on and off the site; and, that development shall occur in accordance with adopted standards, goals, objectives, and policies for development in the City of Fresno. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because all agricultural uses on the subject property have been discontinued and the site is located within an area, which has been substantially developed with urban uses. The subject property remains fallow without trees, vegetation, or irrigation to sustain and attract wildlife; or, provide a suitable habitat to species other than vermin. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms to city health and safety standards, specifications, and policies. 5. The proposed subdivision design will not conflict with public easements within or through the site, because the project design and conditions of approval will assure noninterference with any existing or proposed easements on the subject property. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. 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 FMC, Sections 12-406-1 and 12-1019, respectively. Conclusion Action by the Planning Commission regarding the plan amendment, rezone application and associated environmental assessment will be a recommendation to Council. Conditional Use Permit Application No. C-10-235 and Vesting Tentative Tract Map No. 5987 require approval by the Planning Commission contingent upon affirmative action by the City Council respective to the proposed plan amendment and rezone applications as well as adoption of the recommended finding of a Mitigated Negative Declaration for the associated environmental assessment. Unless the Planning Commission decision respective to the conditional use permit and vesting tentative map is set for hearing to the Council in accordance with Section 12-406-J of the FMC, the decision of the Commission shall be final and effective at 12:01 a.m. on the sixteenth day after the date of the decision, subject to writ of administrative mandamus under 1094.6 of the Code of Civil Procedures. REPORT TO THE PLANNING COMMISSION Plan Amendment Application No. A-10-010 Rezone Application No. R-10-011 Conditional Use Permit Application No. C-10-235 Vesting Tentative Tract Map No. 5987 April 6, 2011 Page 12 The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Plan Amendment Application No. A-10-010, Rezone Application No. R-10-011, Conditional Use Permit Application No. C-10-235, and Vesting Tentative Tract Map No. 5987 are appropriate for the project site. Attachments: Vicinity Map 2010 Aerial Photograph Public Hearing Notice Mailing List Vicinity Map 2025 Fresno General Plan Planned Land Use Map Proposed Planned Land Use Map Vesting Tentative Tract Map No. T-5987 Exhibits for Conditional Use Permit Application No. C-10-235 Conditions of Approval for Vesting Tentative Tract Map No. 5987 dated April 6, 2011 Conditions of Approval for Conditional Use Permit Application No. C-10-235 dated April 6, 2011 Environmental Assessment No. A-10-010/R-10-011/C-10-235/T-5987, finding of a Mitigated Negative Declaration dated March 4, 2011 Vicinity Map I W.Bullard Ave. ❑❑❑ 41 a;> Ll a 3 z a v W.Browning Ave. 3 ❑❑❑❑❑❑ ❑ Z Subject Property VICINITY MAP DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT PLAN AMENDMENT A-10-010, REZONE APPLICATION NO. R-10-011, CONDITIONAL USE PERMIT APPLICATION NO. C-10-235, & VESTING TENTATIVE TRACT MAP NO. 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JgrnQm — QwLoU c� E < o (.) _ w C) U c (,) i � g H LL 3: Conditions of Approval for Vesting Tentative Tract Map No. T-5987 and Conditional Use Permit Application No. C-10-235 dated April 6, 2011 , and Agency Comments CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL APRIL 6, 2011 VESTING TENTATIVE TRACT MAP NO. 5987 "A PLANNED DEVELOPMENT" EAST SIDE OF NORTH FORKNER AVENUE BETWEEN WEST BARSTOW AND WEST BULLARD 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. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5987, the subdivider may prepare a Final Map in accordance with the approved tentative map and Conditional Use Permit Application No. C-10-235. 2. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 3. Submit grading plans and a soils report to the City of Fresno Development and Resource Management Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 4. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Development and Resource Management Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 5. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 2 of 12 6. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 8. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 9. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 10. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. GENERAL INFORMATION 11. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. i) Attached for the subdivider/developer's use is a copy of the Mode of Delivery Agreement— New Construction Form. 12. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," multiple final Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 3 of 12 maps filed by the subdivider on this tract shall fully and independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. 13. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the FMC. 14. The subdivider may be subject to comply with Regulation VIII of the San Joaquin Valley Air Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 15. The developer may be subject to comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 16. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 17. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 18. 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. 19. 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. 20. 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; Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 4 of 12 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 21. Approval of Vesting Tentative Tract Map No. 5987 is contingent upon City Council approval of Plan Amendment Application No. A-10-010 and Rezone Application No. R-10-011. 22. As a proposed "Planned Development" subdivision, approval of Vesting Tentative Tract Map No. 5987 is contingent upon approval of Conditional Use Permit Application No. C-10-235; authorizing the planned development of the subject property. 23. Pursuant to Rezone Application No. R-10-010 the subject property is proposed to be zoned R-1 (Single Family Residential). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the respective R-1 zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-10-235. 24. Proposed Outlot "A" of Vesting Tentative Tract Map No. 5987 shall be utilized and dedicated for private street, streetscape, public utility and open space purposes. • NOTE: Ownership of proposed Outlots will not be accepted by the City of Fresno. Where proposed, Outlots shall remain private and not become property of the City. 25. Previous conditions of development on the subject property, as stipulated by adoption of City Council Resolution Nos. 86-310 and 87-517, which required the dedication of rights- of-way for public street purposes over the subject project connecting North Warren Avenue to North Forkner Avenue (condition memorialized within Statement of Covenants Affecting Land Development recorded January 4, 1988 as Document No. 88000114); and, which established Director's Determination No. 47, have been rescinded by adoption of City Council Resolution No. 95-159. Therefore, Document No. 88000114 may be released. a) The subdivider shall submit a request for a release of the covenant to the City of Fresno Public Works Department. The release of covenant shall be completed/perfected prior to recordation of any final map phase of the tentative map. Lot Area and Dimensions 26. Pursuant to Section 12-306-N-21 of the FMC the Director of the Development and Resource Management Department or the Planning Commission may modify the Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 5 of 12 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. 5987. Building Setbacks 27. Building setbacks shall be provided in accordance with the Conditions of Approval and the approved site plan (Exhibit "A") for Conditional Use Permit Application No. C-10-235. Fences, Hedges &Walls 28. Fences Hedges and Walls shall be provided in accordance with the Conditions of Approval and the approved site plan (Exhibit "A") for Conditional Use Permit Application No. C-10-235. LANDSCAPING AND OPEN SPACE 29. Two to five percent (2%-5%) of the site (less 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-10-235; and, the following: a) Provide a 15-foot wide landscaped buffer area along the North Forkner Avenue frontage of the subject property in accordance with Vesting Tentative Tract Map No. 5987 and Exhibit "A" of Conditional Use Permit Application No. C-10-235. • NOTE: With the exception of the proposed entryway to the subdivision, the entirety of that portion of Outlot "A" of Vesting Tentative Tract Map No. 5987, which fronts onto North Forkner Avenue, shall be utilized for open space purposes only. b) 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. c) Provide a minimum 4-foot wide landscape strip at the end of all interior blocks. The landscaped area shall be located adjacent to the sidewalk pattern or respective private street implemented for the subdivision. 30. All proposed landscaped open spaces, pedestrian connections, entryways, and pathways shall be improved in accordance with the approved landscape improvement plans, which are to be submitted to the Development and Resource Management Department for review and approval prior to Final Map approval. • NOTE: Lighting details shall be provided with the submittal of the landscape improvement plans. Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 6 of 12 31. Maintenance of all Outlots proposed within the boundary of Vesting Tentative Tract Map No. 5987 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 Development and Resource Management and Public Works Departments. 32. 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 Development and Resource Management and Public Works Departments. 33. The subdivider is required to provide street trees on all public street frontages per FMC and for the dedication of planting and buffer landscape easements as determined by the Development and Resource Management Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street Frontage; 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. 34. Comply with all of the: (1) Street Tree and (2) Buffer Landscape & Maintenance requirements stipulated within the Department of Public Works, Streets/MIM Division memorandum dated February 15, 2011. STREETS AND RIGHTS-OF-WAY The following street names shall be corrected on the tentative map: Street Name Status Required Change West Celeste Avenue Change (Provide new street names for review & approval) West Roberts Avenue Change (Provide new street names for review & approval) North Bengston Avenue Change (Provide new street names for review & approval) North Dolores Avenue Change (Provide new street names for review & approval) North Warren Avenue Change (Provide new street names for review & approval) 35. 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. 36. Comply with all of the requirements stipulated within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated March 2, 2011; and, the following: Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 7 of 12 a) City Council Resolution No. 88-372 (Recorded as Document No. 88141493 in the Official Records of Fresno County) reserved a 10-foot wide landscape easement and 15-foot wide public utilities easement across the subject property and adjacent to the North Forkner Avenue public street right-of-way. These easements shall be depicted on the tentative map. 37. Comply with all of the requirements stipulated within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated March 10, 2011 (Mitigation measure requirements of Traffic Manager respective to project Traffic Impact Study [TIS10-017] dated December 21, 2010). 38. In accordance with City Council Resolution No. 2010-280, the proposed project shall provide sidewalks on both sides of private streets; or as an alternative, the applicant may submit a Pedestrian Access Plan. a) The alternative pedestrian access plan shall be provided in accordance with Exhibit "A" and the Conditions of Approval for Conditional Use Permit Application No. C-10- 135 and City Council Resolution No. 2010-280. • NOTE: The pedestrian access plan shall be included as an element of a conditional use permit as required for a planned development, and approval shall be contained within the entitlement submitted. SANITARY SEWER SERVICE The nearest sanitary sewer mains to serve the proposed project is an 8-inch main located in North Forkner Avenue. The following sewer conditions shall be required prior to providing City sewer service to the project: 39. Comply with all of the requirements stipulated within the attached Department of Public Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated January 26, 2011. WATER SERVICE The nearest water main to serve the proposed project is a 6-inch main located in North Forkner Avenue and an 8-inch main will be required. The following water improvements shall be required prior to providing City water service to the project: 40. Comply with all of the requirements stipulated within the attached Department of Public Utilities, Water Division memorandum dated March 3, 2011. SOLID WASTE SERVICE Solid Waste requirements for the residential planned development subdivision within this tract will be serviced as Single Family Residential properties with basic container service, subject to the following conditions: 41. Comply with all of the requirements stipulated within the attached Department of Public Utilities, Solid Waste Division memorandum dated March 1, 2011. Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 8 of 12 FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 42. Comply with all of the requirements stipulated within the attached Fresno Fire Department memorandum dated January 27, 2011. FLOOD CONTROL AND DRAINAGE 43. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Development and Resource Management Department dated March 1, 2010. COUNTY OF FRESNO DEPARTMENT OF PUBLIC HEALTH 44. Comply with all of the requirements stipulated within the attached County of Fresno Department of Public Health memorandum dated January 21, 2011. FRESNO UNIFIED SCHOOL DISTRICT 45. Comply with all of the requirements stipulated within the attached Fresno Unified School District memorandum dated January 18, 2011. RIGHT-OF-WAY ACQUISITION 46. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 47. 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. 48. 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. 49. 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. 50. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 9of12 appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. MAINTENANCE OBLIGATIONS 51. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. 52. Comply with all the requirements stipulated within the attached Public Works Department memorandum respective to Communities Facilities District Maintenance and maintenance responsibilities dated February 15, 2011; and, the following: a) For that portion of Outlot "A" of Vesting Tentative Tract Map No. 5987 that fronts onto North Forkner Avenue, the following shall apply: i) If the respective portion of Outlot "A" is proposed to be maintained by the Community Facilities District, then a further 5 feet shall be dedicated in addition to the existing 10-foot wide landscape easement for the provision of a total 15- foot wide landscape easement. • NOTE: Proposed Outlots of Vesting Tentative Tract Map No. 5987, which front onto a public street are not required to be changed to easements so long as ownership of said Outlots remains private. The City of Fresno will not accept ownership of any Outlots within the proposed subdivision. If these areas adjacent to the public street rights-of-way are eligible and proposed to be included within CFD maintenance, then said Outlots shall be changed to public easements. b) If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. • NOTE: Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (httr)://www.fresno.gov) under the Public Works Department Developer Doorway. c) Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. Where applicable, this shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. • NOTE: The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). If the outlots are to be included into the CFD, the Department of Public Works will require that landscape and irrigation plans be submitted with landscape buffer plans for approval prior to inclusion into the CFD. Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 10 of 12 d) 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. e) 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. 53. Should the City Council or owner/developer choose not to include all of the maintenance items or certain items listed above in a CFD, then the property owner/developer shall be responsible for establishing a Home Owners' Association (HOA) or other property based management mechanism which provides for the maintenance of these items in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. a) The subdivider shall establish a Home Owners' Association (or other approved mechanism) to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the FMC. 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 HOA to perform maintenance obligations and assure that said obligal:ions are met, then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Development and Resource Management Department for review 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 Development and Resource Management Department Guidelines for preparation of CC&Rs dated January 11, 1985. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: • Fresno Metropolitan Flood Control District Fee $19,482.00 SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 11 of 12 b. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge [2] N/A Service Area: d. Wastewater Facilities Charge [3] $2,119.00/living unit e. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE f. 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. g. Frontage Charge [1] $6.50/lineal foot In. Transmission Grid Main Charge [1] $804.00/net acre (parcels 5 gross acres or more) i. Transmission Grid Main Bond Debt [1] Service Charge $304.00/net acre (parcels 5 gross acres or more) j. UGM Water Supply Fee [2] N/A Service Area: k. Well Head Treatment Fee [2] N/A Service Area: I. Recharge Fee [2] N/A Service Area m. 1994 Bond Debt Service [1] N/A Service Area: CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE n. Fire Facilities Impact Fee — Citywide [4] $539.00/living unit o. Park Facility Impact Fee— Citywide [4] $2,278.00/living unit p. Quimby Parkland Dedication Fee [2] $1,120.00/living unit q. Citywide Regional Street Fee [3] $8,361.00/adj. acre r. New Growth Area Major Street Fee [3] N/A s. Police Facilities Impact Fee— Citywide [4] $624.00/living unit t. Traffic Signal Charge [1] $450.94/living unit Vesting Tentative Tract Map No. T-5987 April 6, 2011 Page 12 of 12 u. Street Acquisition/Construction Charge [2] N/A 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. The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009—01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments(FCOG)to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. Living Unit Equivalents are calculated by multiplying the number of Net Acres by 5.8 Living Unit Equivalents for commercial or 3.0 Living Unit Equivalents for industrial to arrive at the total number of Living Unit Equivalents. "'Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559- 621-5153). [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL APRIL 6, 2011 CONDITIONAL USE PERMIT APPLICATION NO. C-10-235 "A PLANNED DEVELOPMENT" EAST SIDE OF NORTH FORKNER AVENUE BETWEEN WEST BARSTOW AND WEST BULLARD AVENUES 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 A- PROJECT INFORMATION 1. Assessor's Parcel No(s): 415-034-18 2. Street Location: Located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues. (Council District 1, Councilmember Xiong) 3. Existing Zoning "R-1-EW (Single Family Residential Estate, minimum lot size of 37,500 square feet-Horses permitted) "R-1-AH" (Single Family Residential, minimum lot size of 20,000 square feet-Horses permitted) 4. Proposed Zoning "R-1" (Single Family Residential District) 5. Existing Planned Land Use: Low Density Residential (0.0-2.18 dwelling units/acre) 6. Proposed Planned Land Use: Medium Density Residential (4.99-10.37 dwelling units/acre) 7. Plan Areas: Bullard Community Plan Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 2 of 14 8. Project Description: Requests authorization to establish a 36-lot single family residential gated private street planned development with modified property development standards for lots proposed to be created by Vesting Tentative Tract Map No. 5987. PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on April 6, 2011, approved the special permit application subject to the enclosed list of conditions, Exhibit(s) "A", "E", "F" & "L", inclusive, of Conditional Use Permit Application No. C-10-235 dated April 6, 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 (FMC) 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-10-235 and Vesting Tentative Tract Map No. T-5987. 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 Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 3 of 14 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 Development and Resource Management Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note on the site plan.) No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on the original site plan exhibit(s) to the final site plan(s). 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 April 6, 2015 (four years from the date of Director approval). The time limits for any special permit conditionally granted in conjunction with an approved tentative tract map shall be automatically extended upon the extension of such tentative tract map pursuant to Section 12-1005.1 of the FMC. To complete the back-check process for building permit relative to planning and zoning issues, submit 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 Development Services Division for final review and approval, 10 days before applying for building permits. Copies of this Final approved site plan, elevations, landscape, and irrigation plans stamped by the Development Services 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 McKencie Contreras at (559) 621-8066 or via e-mail at McKencie.ContrerasCd-fresno.Qov 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. 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 / Lou ise.Gilio(a-).fresno.gov of the City of Fresno Public Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 4 of 14 Works Department, Engineering Division, Traffic Section. 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit(s) "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) 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. c) DEDICATIONS. The following dedication requirements must be satisfied prior to the issuance of building permits: i) Dedications shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 5987. d) VACATIONS. The following vacation requirements must be satisfied prior to issuance of building permits: i) A feasibility study for any proposed or required vacations of existing public rights-of-way is required to be completed prior to recordation of a Final Map. Contact Alan James, Supervising Engineering Technician at (559) 621-8693 for further information. 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) Where required design and construct curb, gutter, AC paving, and residential sidewalk patterns to Public Works standards, specifications, and policies. Plans shall be prepared Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 5 of 14 by a registered Civil Engineer. • NOTE: Reference Conditions of Approval for Vesting Tentative Tract Map No. 5987 for requirements respective to major and interior local public streets. d) 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. e) 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. f) 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. g) 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 a) Development is subject to the following plans and policies: i) "R-1," Single Family Residential District (Section 12-211 of the FMC) ii) 2025 Fresno General Plan iii) Bullard Community Plan 2. ZONING a) Approval of Conditional Use Permit Application No. C-10-235 is contingent upon approval of Vesting Tentative Tract Map No. 5987; and, City Council approval of Plan Amendment Application No. A-10-010 and Rezone Application No. R-10-011. 3. USES PERMITTED a) Contingent upon approvals referenced herein above, the subject property is authorized for development with single family residential uses in accordance with Conditional Use Permit Application No. C-10-235 and Vesting Tentative Tract Map No. 5987. Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 6 of 14 b) Proposed Outlot "A" of Vesting Tentative Tract Map No. 5987 shall be utilized and dedicated for private street, streetscape, public utility and open space purposes in accordance with the Conditions of Approval of Vesting Tentative Tract Map No. 5987 and the conditions of approval contained herein. • NOTE: Ownership of proposed Outlots will not be accepted by the City of Fresno. Where proposed, Outlots shall remain private and not become property of the City. 4. POPULATION DENSITY a) Pursuant to the Medium Density Residential planned land use designation for the subject property; the subject property shall be developed in accordance with Vesting Tentative Tract Map No. 5987 and Exhibit "A" of Conditional Use Permit Application No. C-10-235. i) Based upon the number of dwelling units (du) allowed per acre, respective to the Medium Density Residential planned land use designation, the subject property is required to be developed with between 4.99-10.37 du/acre to meet the density requirements of the 2025 Fresno General Plan and FMC. • NOTE: Pursuant to Vesting Tentative Tract Map No. 5987 and Conditional Use Permit Application No. C-10-235, the subject property is proposed to be developed at an overall density of approximately 7.92 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 than 35 feet. b) All accessory buildings on the subject property, or lots proposed to be created by Vesting Tentative Tract Map No. 5987 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 Development and Resource Management 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. Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 7 of 14 6. BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS a) Setbacks shall be provided in accordance with Exhibit "A" of Conditional Use Permit Application No. C-10-235 the Conditions of Approval for Vesting Tentative Tract Map No. 5987. b) Any proposed deviation from the building setbacks established by Exhibit "A" of Conditional Use Permit Application No. C-10-235 requires a revision to Conditional Use Permit Application No. C-10-235. c) 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-10-235 and the Conditions of Approval for Vesting Tentative Tract Map No. 5987. d) 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 corriply 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 Application No. C-10-235 and the Conditions of Approval for Vesting Tentahve Tract Map No. 5987. 8. 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. 5987, and the following: a) A landscape and irrigation plan prepared by a landscape professional, shall be submitted to the Development Services Division and approved for all open space and recreational areas within the development. These plans must be reviewed and approved prior to obtaining building permits. b) Outlots of Vesting Tentative Tract Map No. 5987, which are proposed to be dedicated for open space purposes shall be landscaped by the developer in accordance with the approved landscape and irrigation plans and shall thereafter be maintained by the property owner/subdivider in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. c) 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. Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 8 of 14 i) All yards and landscaped areas located adjacent to street frontage shall be provided automatic irrigation systems. ii) All yards (including private) and areas designated for open space purposes shall comply with the water efficient landscape standards in accordance with Section 12-306- N-23 of the FMC. d) All required walls or fences, which are accessible to the public, shall incorporate an adjacent landscaped buffer area pursuant to the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards." e) Provide a minimum of 72 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. • NOTE: 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. i) FMC 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 10 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. ii) 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. iii) All planting, irrigation and related work within the city right-of-way shall comply with the City of Fresno Public Works Department Standard Specifications, Section 25 and 26. Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 9 of 14 iv) 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. g) All 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 Development and Resource Management Department. (Include this note on the site plan and landscape plan.) h) 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. i) Landscaping shall be kept free from weeds and undesirable grasses. j) 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 Development Services Division. (Include this note on the site and landscape plans.) • NOTE: The hold on occupancy may be released at the discretion of the Development and Resource Management 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. ii) Prior to granting of final occupancy, a written certification, signed by a landscape professional approved by the Development and Resource Management 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 Development Services 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 Vesting Tentative Tract Map No. 5987 and, the following: Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 10 of 14 a) All proposed fences, hedges and walls, etc. shall be reviewed and approved prior to installation by the City of Fresno, Development and Resource Management Department. (Include this note on the site plan.) i) Clearly depict any proposed/existing fences, hedges and walls on Exhibit "A" of Conditional Use Permit Application No. C-10-235. Note that all proposed/existing fences, hedges and walls must comply with all policies, ordinances, regulations, etc. of the City of Fresno, Development and Resource Management Department. ii) Submit a rendering depicting the fence, hedge or wall height, material, location etc. for review and approval. • NOTE: Only those fences, hedges and walls as shown on the site plan shall be reviewed for approval. b) Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the requirements of Section 12-306-H of the FMC at the rear of the required landscape areas along North Forkner Avenue. c) All fences, hedges and walls shall conform to the provisions of Section 12-306-H of the FMC except as may be modified herein below. • NOTE: Without exception, all present and future fences, hedges, and walls shall not exceed three feet in height within the corner cut-off area defined at Section 12-306-H-3-e of the FMC; and, shall conform to all aspects of the corner cut-off provisions of Section 13-227 (Obstruction to Visibility at Intersection) and 13-228 (Intersection Visibility, Investigation and Enforcement. Lien.) of the FMC. d) 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. i) No fence, hedge, or wall over three feet in height shall be permitted in any required front yard setback area or within that triangular area of a reversed corner lot, where the rear and street side property lines meet pursuant to Section 12-306-H-2-a(1) of the FMC. e) 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 on the property requiring off-street parking. Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 11 of 14 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-10-235 and as indicated per Conditions of Approval for Vesting Tentative Tract Map No. T-5987. 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 Development Services Division's Public Front Counter. (Include this note on the site plan). 11. BUILDING STANDARDS AND ELEVATIONS Building plans and elevations for all residential dwellings in the subject planned development shall be subject to review and approval by the Development and Resource Management Department in accordance with the following: a) 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. • NOTE: When placed on the ground outside of required yards, condensing units shall be screened From view of the public right-of-way with structures, fencing and/or landscaping as may be appropriate. b) 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 of all sides of proposed residences inclusive of modifications for review and approval. i) Non-principal elevations which are visible from the public streets rights-of-way shall incorporate visual enhancements on the respective elevations in accordance with the policies outlined above. • NOTE: "Visual enhancements" may include architectural treatment consistent Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 12 of 14 with fagade (front) elevations. ii) 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. iii) 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. iv) 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. v) Where proposed, attic vents shall be decorative, consistent with the style and character of each structure. PART E - CITY AND OTHER SERVICES 1. TRANS PORTATION/TRAFF I C PLANNING REQUIREMENTS a) Comply with all of the requirements stipulated within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated March 2, 2011 and any requirements noted on Exhibit "A" of Conditional Use Permit Application No. C-10- 235; with the following exceptions: i) Those exceptions as stated within the Conditions of Approval for Vesting Tentative Tract Map No. 5987 dated April 6, 2011 shall apply. b) Comply with all of the requirements stipulated within the attached memorandum from the City Traffic Engineer dated March 10, 2011 (Mitigation measure requirements respective to project Traffic Impact Study [TIS10-017] dated December 21, 2010). 2. SOLID WASTE COLLECTION a) Comply with all of the requirements stipulated within the attached Department of Public Utilities, Solid Waste Division memorandum dated March 1, 2011. 3. FIRE PROTECTION REQUIREMENTS a) Comply with all of the requirements stipulated within the attached City of Fresno Fire Department memorandum dated January 27, 2011. 4. STREET TREES, BUFFER, PARKWAY AND MEDIAN ISLAND LANDSCAPING a) Comply with all of the requirements stipulated within the attached Department of Public Works, Streets/MIM Division memorandum dated February 15, 2011. Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 13 of 14 5. FLOOD CONTROL REQUIREMENTS a) Comply with all of the requirements stipulated within the attached Fresno Metropolitan Flood Control District memorandum dated March 1, 2010. 6. PUBLIC UTILITIES REQUIREMENTS a) Comply with all of the requirements of the attached Department of Public Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated January 26, 2011. b) Comply with all of the requirements stipulated within the attached Department of Public Utilities, Water Division memorandum dated March 3, 2011. 7. COUNTY OF FRESNO, DEPARTMENT OF COMMUNITY HEALTH a) Comply with all of the requirements stipulated within the attached County of Fresno Department of Public Health memorandum dated January 21, 2011. 8. FRESNO UNIFIED SCHOOL DISTRICT a) Comply with all of the requirements stipulated within the attached Fresno Unified School District memorandum dated January 18, 2011. 9. IRRIGATION DISTRICT a) The Fresno Irrigation District does not own, operate or maintain any facilities located on the applicant's property. b) Balance anticipated groundwater use with sufficient recharge of imported surface water in order to preclude increasing the area's existing groundwater overdraft. 10. AIR DISTRICT a) Comply with all the requirements stipulated within the attached San Joaquin Valley Air Pollution Control District memorandum dated January 24, 2011. 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, Conditions of Approval Conditional Use Permit Application No. C-10-235 April 6, 2011 Page 14 of 14 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. Unless the Planning Commission decision is set for hearing to the Council in accordance with Section 12-406-J of the FMC, the decision of the Commission shall be final and effective at 12:01 a.m. on the sixteenth day after the date of the decision, subject to writ of administrative mandamus under 1094.6 of the Code of Civil Procedures. GRowTH CooRoiNATOR UNITED STATES POSTAL SERVICE UNI TED STATES a POSTAL SERVICE JANUARY 28, 2011 To the City of Fresno—Planning and Development Deparrm=!rt: 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 detail) to the local USPS representative The Developer shall. at their own expense, procure, construct and install all mail receptacle facilities for each !ccation as specified and approved by the USPS Sincerely, Cathy S. Gilles New Growth Coordinator 559 4404257 755 E NEES ASE FRESNO CA 93720.2198 559-4424267 FAx 559-440.4267 MEnF DELIVERY AGREEMENT - NEW CONSTROTION United States Postal Service - Sacramento District Project Information Name of Pi_ject ZIP COL Estimated It Route TjpelNumber Location: Deliveries. City# Rural# contacts Unit/Office: Determined Estimated Delivery trate(Month and Year)' ASPS Contact InTnrtnat n Contact Made By: Date. I-lelephor I. Bu Ider leve oper Contact Information Name: Tit Phone Firm: Ad'i_ Equipment In ormation "i`tPE OF PROJECT TYPE& QUANTITY OF EQUIPMENT Centralized Non-Centralized type' Deiiveriea Floors CT,' Equipment QTY Equipment Office Bldg. CBU Type 1 (8) Curbside 2/post Shop inglStrip Mail CBU Type II (12) Curbside 31post AW.1 Condo CBU Type III 16 Curbside 4/post Townhomes CBU Type IV 13 Other S ci Modular Homes Wallmount Std4C Single Family. Parcel Lockers Other(Specify) urchasefinstallation Responsibility X towner 1 Developer �— S P —!Other See Comments ssue a Res nsi ll x Downer 1 Developer U.S.P.S. Other See Comments Comments. See attached maps for designated locations. { J )Builder/Developer/Property Owner understands that he/she must comply with USPS Cement Pad 5pecificaiions. Copy provided. This Agreement will document that the buliderldeveloper will purchase and install the centralized delivery equipment as indicated above at the specified locations. Locabons must be clearly designated on plat maps provided by the builder or developer Any changes must be approved jointly by both undersigned individuals USPS REPRESENTATIVE: PROPERTY 1:.1WNERIDE�!ELOPERIMANAGER; Name: Cathy Gi les "Name Title: Growth ::oordirzator "Tit'e: _ Ri nature- Data: 'Signature. Date Phone#559-440-4:267 `Teephone# FAX#55u-=BYO-4286 `FAX#- ❑ISTRICT APPROVAL: DATE. MODE OF DELIVERY AGREEMENT,xls11l1612010 Page DEPARTMENT OF PUBLIC WORKS TO: McKencie Contreras, Planner II Planning Division FROM: Hilary Kirriber, Parks Supervisor II (559.621.1345) Streets/MIM Division DATE: February 15, 2011 SUBJECT: Tract 5987; 5690 North Forkner Avenue; (APN: 415-034-18) located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues. The Department of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Gary G. Gianetta, Civil Engineering & Land Surveying on site plans (C-10-235) dated December 10, 2010. Broussard Associates, Landscape Architects have also supplied a conceptual landscape design dated December 22, 2010 for this project. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street right-of-ways, landscape easements, and outlots: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscaping easements as determined by the Planning Department. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage or one tree per home (whichever is greater) by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards and AB 1881. 2. Street Tree Planting by Developer: a. Street tree inspection fees shall be collected for each 60' of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works "Standard Specifications." c. Landscape plans for all public use areas, such as parkways, shall be reviewed and approved by the Department of Public Works, Streets/Median Island Maintenance Services. A street tree planting permit shall be required for all street tree plantings. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications and Drawings of the City of Fresno. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. The proposed tree species to be planted onsite within ten feet of the back of the sidewalk within the fifteen (15) foot buffer in-lieu-of street trees on the conceptual landscape plan is: STREET NAME STREET TREE SPECIES/COMMON NAME North Forkner Avenue Cedrus deodara (Deodar Cedar) This is an acceptable tree species for this street and location and is approved by the Department of Public Works. One (1) additional tree will be needed to meet the Public Works requirements for one tree per 60' of street frontage. BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS 1. The subdivider shall provide long term maintenance for all proposed landscaped areas by either petitioning for annexation in the Community Facilities District or by forming a Home Owner's Association. This is to be a gated community; therefore an HOA must be formed for all properties beginning at the guest entry towards the interior. The landscaping in the right-of-way on N. Forkner Ave. can either be maintained by the HOA or by applying for Community Facilities District maintenance. Landscape and Irrigation plans are required for all rights-of-way areas and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to have landscaping maintained by annexing into the City's Community Facilities District. A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping and AB 1881. 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 sidewalk and/or face offence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. D. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. E. No private flags, signs or identification of any kind shall be permitted in the right-of-way, within the City- controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. NY of r i : d go DATE: March 2, 2011 TO: McKencie Contreras Development Department, Planning Division THROUGH: Bryan Jones, TE, PTP, AICP City Traffic Engineer, Division Manager Public Works Department, Traffic & Engineering Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Traffic& Engineering Division SUBJECT: Public Works Conditions of Approval TT 5987/C-10-235 5690 North Forkner Wathen-Castanos/Gary G. 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 map to identify the existing street right of way, landscape and utility easements correctly. General Conditions: 1. Curb Ramps: Provide curb ramps at all corners within the limits of this subdivision. 2. 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. 3. Dead-end Streets: Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-100. 4. Outlots: If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes, subdivider shall prove to the City that the outlot is free of toxic or hazardous materials pursuant to the requirements of City Administrative Order 8-1, including, but not limited to, performing a Phase I Soils Investigation. The soils Investigation report shall be submitted to the Public Works Department for review and approval. The subdivider must obtain Public Works approval of the soils investigation report and complete any mitigation work identified by the soils investigation prior to subdivider's submittal of the Final Map to the Development Department. Any and all costs associated of the soils investigation and any required mitigation work shall be performed at the sole expense of the subdivider. 5. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Planning and Development Department for review and approval: Street Construction, Signing, Striping, Traffic Signal and Streetlight and Trail Lighting, Signing and Striping. 6. Street widening and transitions shall also include utility relocations and necessary dedications. Page 1 of 3 TATraffic Planning\TRACT MAPs15900\T-5987_C-10-232 FORKNER 5690 N.doc Frontage Improvement Requirements: Public Streets: Forkner Avenue: Local 1. Dedicate a corner cut and additional right of way at the entrance to provide for pedestrian purposes to accommodate access ramps. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). 3. Construct a concrete pedestrian walkway behind all driveway approaches as identified on Exhibit "A". Asphalt concrete paving per City of Fresno Public Works Standard Drawing P-21 may be substituted for concrete. (Refer to City of Fresno Public Works Standard Drawings P-1 thru P-4 for additional information.) 4. Site Plan approval of a street type approach P-76/ P-77 is a tentative approval until such time that a qualified Civil Engineer prepares street plans that provide the sufficient cross drainage approved by the City Engineer in accordance with Public Works Standard P-10. 14' radius preapproved by Bryan Jones, 5. Construct 20' of permanent paving (measured from face of curb) within the limits of this application. 6. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. Warren Avenue: 1. Dedicate 1'at the north end of Warren for second point of access. 2. Coordinate with Fire and Solid Waste for turnaround requirements. Interior Streets: Private Comply with the sidewalk policy for private streets. Specific Mitigation Requirements: A Traffic Impact Study was required with General Plan Amendment A-10-10. Comply with the mitigation measure requirements of the Traffic Engineering Manager. 1. Relinquish direct vehicular access rights to the north property line of lot 1. 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. There is an existing 1' outlot at the north end of Warren. Provide a 1'dedication across the outlot. Traffic Signal Mitigation Impact(TSMI) Fee: This project shall pay the current Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual for single family units (fee rate as shown in the Master Fee Schedule). This TSMI fee is credited against signal installation and Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) anticipated to build out the 2025 General Plan circulation element and included in the Nexus Study for the TSMI fee. Project specific impacts that are not consistent with the 2025 General Plan, Public Works P69 standards, and/or already incorporated into Page 2 of 3 TATraffic Planning\TRACT MAPS\5900\T-5987_C-10-232 FORKNER 5690 N.doc the TSMI fees infras'truc'ture costs are not reimbursable unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next update and the applicant agrees to pay the new calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is conditioned with improvements that are credited/reimbursable with this fee they should work with the Department of Public Works and identify with a Professional Engineers estimate the costs associated with the improvements prior to paying the TSMI fee at time of building permit. Fresno Manor Street Impact(FMSI) Fee : This Map is in the Infill Area; therefore pay all applicable City-wide regional street impact fees. Reglonal Transportation Mitigation Fee (RTMF): Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext. 200; www.fresnocog.org. Provide proof of payment or exemption prioC to issuance of building permits. Page 3 of 3 TATraffic Planning\TRAC-r MAPS\5900\T-5987_C-10-232 FORKNER 5690 N.doc Fresno kreAhl AF#irde�C� II I I City of City Hall 559-621-8800 Public Works Department 2600 Fresno Street,Rm.4064 Patrick Wiemiller,Director Fresno,CA 93721-3623 www.fresno.00v March 10, 2011 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 FORKNER SOUTH OF BULLARD GENERAL PLAN AMENDMENT TT 5987 TIS10-017 dated December 21, 2010 TRAFFIC IMPACT STUDY APPROVED FOR PLANNING COMMISSION We reviewed the Traffic Impact Study (TIS) by TJKM for the proposed subject project which consists of approximately 36 Senior Adult dwelling units. GENERAL COMMENTS and CONDITIONS 1. The trip generation based on ITE Trip Generation Manual is acceptable utilizing Single Family Housing ITE code 210. The proposed project and General Plan Amendment is projected to generate 345 daily trips, 27 trips during the AM peak hour and 36 trips during the PM peak hour. The existing General Plan land use generates 96 ADT, 8 trips during the AM peak hour and 10 trips during the PM peak hour. 2. This project shall pay its Traffic Signal Mitigation Irnpact (TSMI) Fee (based on ITE code 210) of $47.12 per ADT 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 and the current fee is $16,256.40. The fee shall be paid at time of building permit. 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 Impact (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 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. 5. The proposed project shall make necessary improvements and right-of-way dedications along adjacent public streets as per City of Fresno requirements. 6. This project shall provide a safe routes to schools sidewalk connection to the nearby elementary schools so students do not have to walk in the street. If you have any further questions regarding this matter, please contact me at (559) 621-8792 or bryan.iones(a)-fresno.ciov . Sincerely, Bryan D. Jones, TE, PTP, AICP City Traffic Engineer/Division Manager Traffic& Engineering Services 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 Will Tackett,Planning&Development Dept. LN Vision That Moves Your Community Transportation Consultants December 21, 2010 Mr. Bryan Jones, P.E. Traffic Engineering Division Manager City of Fresno 2600 Fresno Street, Rm. 4067 Fresno, CA 93721-3616 Subject: Revised Traffic Generation Analysis for TT 5987 General Plan Amendment in the City of Fresno (Project No. 032-321) Dear Mr.Jones, TJKM Transportation Consultants has completed an evaluation of a Traffic Generation Analysis (TGA) for the proposed general plan amendment for Tract 5987. This revised technical letter describes TJKM's TGA for a proposed general plan amendment for Tract 5987 located on the southeast quadrant of Bullard Avenue and Forkner Avenue in the City of Fresno. Figure I shows the location of the proposed project site relative to the surrounding roadway network. Most general plan amendment applications require some type of traffic analysis as specified by the 2025 Fresno General Plan. Since the proposed project's trip generation will be no more than 10 to 36 peak hour trips, we propose that this technical traffic generation analysis satisfy the City of Fresno traffic analysis requirement. On August 9, 2010, TJKM met with City staff to discuss this project and concurred that that due to the minor increase in project trips that a TGA would satisfy the City of Fresno General Plan requirements. This letter will provide you with a complete analysis of the project's trip generation and that of the existing planned land use. The purpose of this TGA is to evaluate the potential difference in traffic generation between the existing general plan land use and proposed land use, and identify any critical traffic issues that Pleasanton should be addressed in the on-going planning process. The study primarily focused on providing 3875 Hopyard Road a comparison of the trip generation analysis between the existing and proposed General Plan Suite 200 Pleasanton,CA Land Uses. 94588-8526 925.463.0611 925.463.3690 fax Proposed Project Description Fresno 516 W.Shaw Avenue The project proposes to change the existing General Plan Land Use designation for a 4.6-acre Suite 200 parcel located at the southeast quadrant of Bullard Avenue and Forkner Avenue from Low Fresno,CA p 93704-2515 Density Residential to Medium High Density Residential with a maximum of 36 Senior Adult 559.325.7530 559.221.4940 fax Housing lots. Due to the requested change in the General Plan Land Use, the applicant has filed Sacramento a "Plan Amendment' with the Planning and Development Department. 980 Ninth Street 16' Floor Sacramento,CA 95814-2736 916.449.9095 Sano Rosa 1400 N.Dutton Avenue Suite 21 Sano Rosa,CA 95401-4643 707.575.5800 707.575.5888 fax tjkm@tjkm.com www.tjkrr.com City of Fresno - Tract 5987 Trip Generation Analysis Figure Vicinity Map I BULLARD AVE MORRIS AVE w w j Q > Q Q LU Z w Z w Z Y o w Z of 0 Q Q O > ROBERTS AVE BROWNING AVE DOVEWOOD LN BARSTOW AVE N O R T H LEGEND Not to Scale ® Project Location 032-321-10125/10-JLB City of Fresno - Tract 5987 Trip Generation Analysis Figure Site Plan 2 11 LI I n t1 .1 L; nri i uU 1 n 1 f 0 36 35 34 33 32 31 30 29 26 CELESTE AVE 1 w w Q 27 Q Z O Z 2 9 f0 n 12 16 79 20 LU z LU Q 26 O m a Z LL cn w 3 w K 9 13 O 17 21 Q 25 0 3 0 7 1. 16 22 24 5 6 15 ROBERTS AVE 23 I I 1 1 EMERGENCY ACCESS 1 > 1 I Q i Z w K or >Q N O R T H Not to Scale kXMI 032-321-10125110-JLB Mr. Bryan Jones T)KM December 21,2010 Transportation Page 4 Consultants Existing Conditions Roadway Network The project site and surrounding study area are illustrated in Figure I. Important roadways serving the project site are discussed below: Forkner Avenue is an existing two-lane local residential street adjacent to the proposed project. In the project's vicinity, Forkner Avenue is a north-south street that extends northerly from Shaw Avenue to a point just short of Herndon Avenue. Bullard Avenue is an existing four-lane arterial near the vicinity of the proposed project. In this area, Bullard Avenue is an east-west major street that extends from Marks Avenue easterly beyond the Fresno City limits. The 2025 Fresno General Plan Circulation Element designates Bullard Avenue as a four-lane divided arterial in the vicinity of the project. Barstow Avenue is predominantly a two-lane east-west collector in the vicinity of the proposed project. Barstow Avenue extends from Marks Avenue easterly beyond the Fresno City limits. The 2025 General Plan Circulation Element designates it as a two lane undivided collector in the vicinity of the project. Intersection Geometrics and Traffic Control A field reconnaissance of the site was conducted on Monday October 25, 2010. Currently, the intersection of Bullard Avenue and Forkner Avenue is signalized. The intersection of Barstow Avenue and Forkner Avenue is an all-way stop controlled intersection. Trip Generation The trip rates are obtained from the standard reference Trip Generation, 8th Edition, published by the Institute of Transportation Engineers (ITE). Table I summarizes the trip generation for the proposed general plan amendment project while Table II summarizes the project's trip generation under the assumption that it is developed with single family housing units. Table III summarizes the trip generation for the existing General Plan Land Use designation. The differences between the existing planned land use and the proposed senior housing land use are summarized in Table IV. The proposed project of 36 Senior Adult Housing— Detached units is estimated to generate a maximum of 134 daily, 8 a.m., and 10 p.m. peak hour trips. The project's trip generation during the a.m. and p.m. peak hours is equal to that which can be achieved by the existing zoning, however; it will have a minor increase of 38 daily trips. To provide a conservative analysis of the project's trip generation, trip generation for 36 single- family housing units is presented in Table 11. The differences between the existing planned land use and that of a 36 unit single-family housing subdivision are summarized in Table V. While the project is currently planned as senior housing should it be developed as single family housing it could generate a maximum of 345 daily, 27 a.m., and 36 p.m. peak hour trips. Compared to the existing planned land use, assuming the development of single-family homes, the project could increase traffic by 249 daily, 19 a.m. peak hour, and 26 p.m. peak hour trips, respectively. The City of Fresno's Traffic Signal Mitigation Impact fee requires that all new developments pay a fee per daily trip generated by the development. Mr. Bryan Jones TJKM December 21, 2010 Transportation Page 5 Consultants Table I: Proposed Project Trip Generation Land Use Size/ Daily A.M. Peak Hour P.M.Peak Hour (ITE Code) Unit Rate Total Trip In:Out In Out Total Trip In:Out In Out Total Rate % Rate % Senior Adult Housing 36 d.u. 3.71 134 0.22 35:65 3 5 8 0.27 61:39 6 4 10 Detached (251) Total Planned 134 3 5 8 6 4 10 Land Use Trips Notes: d.u. =Dwelling Units Table II: Trip Generation Assuming Single Family Housing Land Use Size I Daily A.M. Peak Hour P.M. Peak Hour (ITE Code) Unit Rate Total Trip In:Out In Out Total Trip In:Out In Out Total Rate % Rate % Single Family Housing 36 d.u. 9.57 345 0.75 25:75 7 20 27 1.01 63:37 23 13 36 (210) Total Planned 345 7 20 27 23 13 36 Land Use Trips Notes: d.u. =Dwelling Units Table III: Existing General Plan Land Use Trip Generation Land Use Size/ Daily A.M.Peak Hour P.M. Peak Hour (ITE Code) Unit Rate Total Trip In:Out In Out Total Trip In:Out In Out Total Rate % Rate % Single Family Homes 10 d.u. 9.57 96 0.75 25:75 2 6 8 1.01 63:37 6 4 10 (210) Total Planned 96 2 6 8 6 4 10 Land Use Trips Notes: d.u.=Dwelling Units Table IV: Difference In Trip Generation A.M. Peak Hour P.M. Peak Hour Land Use Daily In Out Total In Out Total Proposed Land Use 134 3 5 8 6 4 10 Existing General Plan Land Use 96 2 6 8 6 4 10 Total Trip Change 38 1 -1 0 0 0 0 Table V: Difference In Trip Generation Assuming Single Family Housing A.M.Peak Hour P.M.Peak Hour Land Use Daily In Out Total In Out Total Proposed Land Use 345 7 20 27 23 13 36 Existing General Plan Land Use 96 2 6 8 6 4 10 Total Trip Change 249 5 14 19 17 9 26 Mr. Bryan Jones TJKM December 21,2010 Transportation Page 6 Consultants Site Access Access to the project is proposed via a local private residential street that will connect to Forkner Avenue. The access point will be along the east side of Forkner Avenue approximately 800 feet south of Bullard Avenue. A second point of access for emergency purposes only is also proposed to the southeast portion of the project via a connection from Warren Avenue, a local residential street. An evaluation of the proposed access and onsite circulation indicated no deficiencies. Safe Routes to School In general, senior housing developments restrict school-aged children from living in them. Therefore, the development of a senior housing project would have no impact to schools. However, in case the project does not develop as senior housing or it does not prohibit school- aged children, the safe routes to school evaluation presented below would apply. The Fresno Unified School District (FUSD) will serve the residential component of this project. TJKM contacted FUSD transportation division staff to inquire about their current transportation policy. Based on information provided, the FUSD has the same busing policy for all K-12 students. This policy requires all students outside a two-mile radius from their respective school be provided with busing services. Students inside the two-mile radius would need to walk, bike or be driven to school. Elementary students within the project would attend Malloch Elementary School located at the southwest corner of Forkner Avenue and Morris Avenue (across the street from the project). Middle school students would attend Tenaya Middle School at the northeast corner of Bullard Avenue and Fruit Avenue (approximately 1.2 miles to the northeast). High school students would attend Bullard High School at the northwest corner of Barstow Avenue and Palm Avenue (approximately 1.5 miles to the southeast). Per the current FUSD transportation policy, elementary, middle and High school students residing within this project would need to walk, bike or be driven to school. As stated previously Malloch Elementary is located across from the proposed project. Currently, the nearest pedestrian gate open to students is located on the west side of Forkner Avenue at a point approximately 90 feet from the project site. One can reasonably expect that elementary school students from the project will likely walk to school (accompanied or unaccompanied by parents or guardians). Therefore, it is recommended that this project install a high visibility crosswalk just north of the project entrance. In addition to the installation of a high visibility crosswalk, it is recommended that curb bulb outs and ramps be constructed on both sides of Forkner Avenue. In lieu of bulb outs, parking can be prohibited within 40 feet of the crosswalk by painting the curbs red. Middle school students would attend Tenaya Middle School. Tenaya Middle School is located within the FUSD two-mile walking distance. A safe routes to school evaluation was performed for the most direct route for students to take. This route would be north along the east side of Forkner Avenue to its intersection with Bullard, then crossing the signalized intersection of Forkner Avenue at Bullard Avenue, then east along the north side of Bullard Avenue, across West Avenue (a signalized intersection) to its intersection of Fruit Avenue (another signalized intersection). From there, pedestrians would walk along the east side of Fruit Avenue north to its intersection with Mesa Avenue at which point they would have reached the main entrance of Tenaya along the south side of Mesa Avenue. With the exception of a gap of approximately 130 feet, sidewalks exist along this entire path. Mr. Bryan Jones TJKM December 21,2010 Transportation page 7 Consultants High school students would attend Bullard High School. Bullard High School is also located within the FUSD two-mile walking distance. A safe routes to school evaluation was performed for the most direct route for students to take. This route would be south along the east side of Forkner Avenue to its intersection with Barstow Avenue, easterly along the north side of Barstow Avenue until the students reach the entrance just west of Palm Avenue. Based on the site reconnaissance of this route there are two segments that lack sidewalks. The first segment is on Forkner Avenue between the project southerly limits and the northern limits of Oso De Oro Lake Park. The second gap is located between a point approximately 800 feet east of West Avenue and Fruit Avenue. Bike lanes exist along Barstow Avenue between Forkner Avenue and the High School and major crossings at West Avenue and Fruit Avenue are currently signalized. Therefore, high school students could bike to school in designated bikeways. As the project is proposed to be limited to seniors, the project will likely have no impact in student population to the elementary, middle and high schools, which will serve the project. However, if the project allows school-aged children it is recommended that the applicant work with the City of Fresno and the Fresno Unified School District to determine the project's fair share contribution to help fund and construct the necessary improvements for the completion of a safe route to Tenaya Middle School and Bullard High School. Transit and Bikeways Fresno Area Express (FAX) is the transit operator in the City of Fresno. FAX Route 22 runs in the vicinity of the proposed project via Bullard Avenue. This route provides a direct connection to the Fig Garden Library, Gillis Library, DMV at Fruit Avenue and Olive Avenue, the Tower District, the Downtown Fresno Transit Mall, Fresno County Superior Court, Fresno County Planning and Development, the Downtown Central Library, Amtrak Station, Fresno City Hall, and Roosevelt High School. Route 22 operates at half-hour intervals on weekdays and 50-minute intervals on weekends, and its stop nearest to the project site is located at the southeast corner of Bullard Avenue and Forkner Avenue. The 2025 Fresno General Plan proposes to add an additional route along Bullard Avenue between Marks Avenue and Willow Avenue. Implementation of the proposed FAX route is dependent on ridership demand and available funding. Retention of the existing route and the increase or decrease of route intervals is dependent on transit ridership and on available funding. Bike lanes do not currently exist adjacent to the proposed project. Since Forkner Avenue is a local residential street, bike lanes along the project's frontage are not recommended. Conclusions and Recommendations Conclusions and recommendations regarding the proposed general plan amendment for Tract 5987 located at 5690 North Forkner Avenue are provided below: • The project site developed as senior housing is expected to generate 134 daily, 8 a.m., and 10 p.m. peak hour trips while development of the same site with single family housing is expected to generate 345 daily, 27 a.m., and 36 p.m. peak hour trips. • An evaluation of the proposed access and onsite circulation indicated no deficiencies. • Upon evaluation of the proposed project circulation, access, trip generation, and knowledge of the project area, TJKM believes that this trip generation analysis satisfies the City's requirements for the project general plan amendment to be processed. Mr. Bryan Jones TJKM December 21, 2010 Transportation Page g Consultants • If the project allows school-aged children, it is recommended that the applicant work with the City of Fresno and the Fresno Unified School District to determine the project's fair share contribution for the completion of a safe route to Tenaya Middle School and Bullard High School. • It is recommended that this project pay the City of Fresno Traffic Signal Mitigation Impact (TSMI), Major Street Fee and other applicable fees pursuant to the City's fee policies. Please feel free to call me at 559-325-7530, or email me at: ibenavides(a).tjkm.com if you have questions regarding this traffic generation analysis. Sincerely, Jose Luis Benavides, P.E. Sr. Associate and Fresno Branch Manager J:\JURISDICTIOMF\Fresno\032-321 GPA Bullard& Forkner Aves\Report\LR 122110.doc City of n8� Solz rFICv�1m*A OF DPU m DEPARTMENT OF PUBLIC UTILITIES 9�9�ANA6EMENT• S�Q� Date: January 26, 2011 Providing Life's Essential Services To: McKENCIE CONTRERAS, Planner III Planning and Development From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT 5987 AND C-10-235 General T-5987, A-10-010, R-10-011, and C-10-235 were filed by Dirk Poeschel Land Development Services, Inc., on behalf of Wathen-Castanos Hybrid Homes, Inc., and pertain to approximately 4.55 acres of vacant property located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues, 5690 North Forkner Avenue, APN 415-034-18. A-10-010 proposes to amend the 2025 Fresno General Plan and the Bullard Community Plan from low density residential planned land use designation to the medium density residential land use designation. R-10-011 proposes to reclassify the property from R-1-EH, Single Family Residential Estate, minimum lot size 37,500 square feet-Horses permitted, and R-1-AH, Single Family Residential, minimum lot size 20,000 square feet-Horses permitted, zone districts to R-2, Low Density Multiple Family Residential, zone district. T- 5987 proposes to subdivide the property into a planned unit development of 36 single family residential lots. C-10-235 proposes a gated planned unit development with private streets and modified property development standards, lot area, lot dimensions, lot coverage, and building setbacks. Sanitary Sewer Requirements The nearest sanitary sewer main to serve the proposed project is an 8-inch main located in North Forkner Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 1. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 2. Separate sewer house branches are required for each new lot created. 3. Dedicate Outlot `A' for public utility purposes 4. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. 5. 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. Lateral Sewer Charge. 2. Sewer Oversize Charge. 3. Sewer Facility Charge (Residential) City of olga SA* r0kCQCVV4 b OF ��Ii� DPU' DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION FW10 00 Providing Life's l:ssential5ervkes DATE: March 3, 2011 TO: MCKENCIE CONTRERAS, Planner III Development and Resource Management Department—Current Planning Division THROUGH: MICHAEL CARBAJAL, Chief Engineering Technician ) Department of Public Utilities—Water Division FROM: ROBERT A. DIAZ, Senior Engineering Technician— , Department of Public Utilities—Water Division SUBJECT: REVISED-WATER REQUIREMENTS FOR PLAN AMENDMENT NO. A-10-010, REZONE NO. R-10-011,VESTING TENTATIVE TRACT NO. 5987 AND CONDITIONAL USE PERMIT NO. C-10-235. REVISED General Per your attached e-mail dated March 2, 2011: "The proposed project will be going to the R-1 (Single Family Residential) zone district versus the original request of the R-2 (Low Density Multiple Family) zone district." The R-1 (Single Family Residential) zone is consistent with the 2025 Urban Water Management Plan customer class assigned to the proposed project. Based upon this determination, condition number six has been removed from the conditions of approval. T-5987, A-10-010, R-10-011 & C-10-235 were filed by Dirk Poeschel Land Development Services, Inc., on behalf of Wathen-Castanos Hybrid Homes, Inc., and pertains to approximately 4.55 acres of vacant property located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues. A-10-010 proposes to amend the 2025 Fresno General Plan and Bullard Community Plan from low density residential planned land use designations to the medium density residential land use designation. R-10-011 proposes to reclassify the property from R-1-EH (Single Family Residential Estate, minimum lot size 37,500 square feet — Horses permitted) and R-1-AH (Single Family minimum lot size 20,000 square feet — Horses permitted) zone districts to R-2 (Low Density Multiple Family Residential) zone district. T-5987 proposes to subdivide the property into a planned unit development of 36 single family residential lots. C-10-235 proposes a gated planned unit development with private streets and modified property development standards (lot area, lot dimensions, lot coverage, and building setbacks). Water Service The following water improvements shall be required prior to providing City water service to the project: 1. Construct an 8-inch water main (including installation of City fire hydrants) in North Forkner Avenue from West Browning Avenue north across the frontage of the tract. 2, Separate water services with meters shall be provided to each lot created. 3. Dedicate the proposed street outlots for public utility purposes. 4. The developer shall provide a detailed water usage analysis identifying water fixture, landscape, and laundry efficiencies to document water conservation design characteristics, subject to approval by the Director of Public Utilities. 5. The development shall incorporate water use efficiency for landscaping including the use of artificial turf and native plant materials, reducing turf areas, and discouraging the development of artificial lakes, fountains and ponds unless only untreated surface water or recycled water supplies are used for these decorative and recreational water features as appropriate and sanitary. 6. The City of Frer.Re Urban Water MaRagement Plan (WVVMP) &Rtifie6 a wateF alleGation of up to 13.2 a4F f9F the PFOjeCt 6:48 based UPOR the PlaRR8d_ 'and urse de6igRated In the 202-5 POteRtial to iRGFea68 the water deMand feF the pr-ojeGt site to 28,2 af/yF. (IJWMP, Table 6 , Arss*staRt PWb"G Utilities 90%09F. 7_ The retrofit or modification of public and/or private landscape and/or structures to provide a reduction in water use to mitigate any proposed increase in water demand in excess of the adopted water allocation for the land use adopted in the 2025 General Plan will be subject to Department of Public Utilities approval as an acceptable mitigation measure. 8. Seal and abandon any existing on-site well in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 9. Two independent sources of water, meeting Federal and State Drinking Water Act Standards, are required to serve the tract including any subsequent phases thereof. The two-source requirement may be accomplished through any combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Assistant Public Utilities Director. 10. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed addition and/or modification to the City Water System. Depict neighboring parcels and proposed plans for their continued service. 11. All Public water facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. Water Fees The following Water Connection Charges are due and shall be paid for the Project: 1. Wet-tie(s), water service(s) and/or meter(s) installation(s). :Michael Carbajal From: McKencie Contreras Sent: Wednesday, March 02, 2011 3:01 PM To: Michael Carbajal Cc: Robert Diaz Subject: RE: T-5987 Good Afternoon—The proposed project will be going to the R-1(Single Family Residential)zone district versus the original request of the R-2 (Low Density Multiple Family)zone district. Will this change affect the calculation for condition#6 on your water memorandum? If so, please revise the memorandum and send to me once complete. Thank you McKencie From: Michael Carbajal Sent:Thursday, February 17, 20115:22 PM To: McKencie Contreras Cc: Robert Diaz Subject: RE: T-5987 Please see the attached water comments. Thanks From: McKencie Contreras Sent: Wednesday, February 16, 20118:28 AM To: Michael Carbajal Subject: FW: T-5987 Good Morning-1 sent the email below to Greg but just realized I should have sent it to you. Anyway,would you please let me know the status of water comments for the subject project. Thanks McKencie From: McKencie Contreras Sent:Tuesday, February 15, 2011 10:35 AM To: Gregory Contreras Subject: T-5987 .Good Morning--Please let me know the status of comments for T-5987. Thanks McKencie i City of DEPARTMENT OF PUBLIC UTILITIES March 1, 2011 TO: Will Tackett, Planner III Development Department, Planning.Division THROUGH: .Robert Weakley, Chief of Operationsv/ Department of Public Utilities, Solid Waste Division FROM:hd Chris Weibert, Management Analyst II Department of Public Utilities, Administration SUBJECT: TT 5987, Solid Waste Conditions of Approval Location: East side of North Forkner Avenue, between West Barstow and West Bullard Avenues (APN 415-034-18) The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 5987 that was submitted by Dirk Poeschel Land Development Services, Inc., on behalf of Wathen-Castanos Hybrid Homes, Inc. 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 5987 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. Page] of 2 Conditions of Approval TT5987,A-10-010,R-10-011,&C-10-235.doex Special Conditions: Developer shall provide a hammerhead turnaround, constructed to Solid Waste requirements, or a cul-de-sac at the north end of North Warren Avenue to accommodate Solid Waste vehicles servicing the neighborhood south of the project. A copy of the hammerhead requirements is attached. Gated entrances/exits require 18'of clearance. Page 2 of 2 Conditions of Approval TT5987,A-10-010,R-10-011,&C-10-235.docx i rWPA IA FIRE DEPARTMENT Date: January 27, 2011 To: MCKENCIE CONTRERAS, Planner I Planning and Development Department , Advance Planning From: MIKE SCHMIDT,"Supervising Fire Prevention Inspector Fire Department, Fire Prevention& Investigative Services Subject: T-5987, A-10-010, R-10-011, and C-10-235 were filed by Dirk Poeschel Land Development Services, Inc., on behalf of Wathen-Castanos Hybrid Homes, Inc., and pertain to approximately 4.55 acres of vacant property located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues, 5690 North Forkner Avenue, APN 415-034-18. A-10-010 proposes to amend the 2025 Fresno General Plan and the Bullard Community Plan from low density residential planned land use designation to the medium density residential land use designation. R-10-011 proposes to reclassify the property from R-1-EH, Single Family Residential Estate, minimum lot size 37,500 square feet-Horses permitted, and R-1-AH, Single Family Residential,minimum lot size 20,000 square feet-Horses permitted, zone districts to R- 2, Low Density Multiple Family Residential, zone district. T-5987 proposes to subdivide the property into a planned unit development of 36 single family residential lots. C-10-235 proposes a gated planned unit development with private streets and modified property development standards, lot area, lot dimensions, lot coverage, and building setbacks. Hydrants Developer must install on-site hydrants. See Plan for locations. Provide fire hydrant flow of 1500 GPM with a minimum 8" water main. Fire hydrants shall be installed, tested, approved, and all surface access roads shall be installed and made serviceable prior to and during the time of construction. The hydrant 4 1/2" outlet shall face the access lane. General Streets highlighted on the plan shall be identified as fire lanes as provided in the California Vehicle Code, Section 22500.1. Designate highlighted curbs as fire lanes (red curb with "Fire Lane" in 3" white letters every 50 feet or approved signs every 50 feet). Provide sign(s) (17" X 22" minimum) at all public entrance drives to the property "Warning - Vehicles stopped,parked or left standing in fire lanes will be immediately removed at owner's expense - 22658 California Vehicle Code - Fresno Police Department 621-2300." Turns in private drives for fire truck access shall have minimum 44 foot centerline turn radius (see locations on plan). All gates on common access drives shall be equipped with approved Police/Fire bypass locks (BEST LOCKS: Padlock 21 B700 series or Cylinder lock 1 W7132). Gates/fences shall not obstruct the minimum width required for -fire lanes. The entire width of a required access way shall remain unobstructed to a vertical height of 13 feet, 6 inches. Emergency Access Only Roadways Emergency accesses are required to be dedicated fire protection easements. Gates, posts or other barriers suitable to the Fire Department are required to be installed at the entrance to an "emergency access only" roadway. The entrance to all emergency accesses shall be posted with permanent signs: "FIRE ACCESS (6" LETTERS) vehicles removed at owner's expense (2" letters) FRESNO POLICE DEPARTMENT 621-2300 (1" letters). All gates on the "emergency access roadway" shall be fitted with a Police/Fire bypass lock (BEST LOCKS: Padlock 21B700 series or Cylinder lock 1 W7132). Gates/fences shall not obstruct the minimum width required for fire lanes. Pedestrian Access All Pedestrian gates, where required for fire access (main entrance), shall remain unlocked or be provided with Police/Fire bypass locks (BEST LOCKS: Padlock 21B700 series or Cylinder lock 1 W7B2). Gates/fences shall not obstruct the minimum width required for fire lanes. City of FIRE DEPARTMENT DATE: [Date] TO: McKENCIE CONTRERAS, Planner Development Services/Planning 02,41- FROM: MIKE SCHMIDT, Supervising Inspector Fresno Fire Department, Prevention Division SUBJECT: TRACT 5987 The Fire Department's conditions of approval include the following: The proposed Tract is within 3 miles of fire station No12. Provide fire hydrants as shown on CUP review 10-235 fed from existing city water mains. Access is acceptable with the changes shown on CUP review 10-235. The project is subject to city wide fire service fees. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.45 NOTICE OF REQUIREMENTS Page I of 4 PUBLIC AGENCY DEVELOPER MCKENCIE CONTRERAS JOSH PETERSON,CFO, WATHEN-CASTANOS MM PLANNING&DEVELOPMENT DEPARTMENT HYBRID HOMES,INC. CITY OF FRESNO 7259 N.FIRST ST.,SUITE 101 2600 FRESNO STREET,THIRD FLOOR FRESNO,CA 93720 FRESNO,CA 93721-3604 PROJECT NO: 5987 Nq ADDRESS: 5690 N.FORKNER AVE. APN: 415-034-18 SENT: Drainage Area(s) Preliminary Fee(s) D $19,482.00 TOTAL FEE:$19,482.00 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 O Policy Act.The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. 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. co Considerations which may affect the fee obligation(s)or the timing or form of fee payment: 04 a.) Fees related to undeveloped or phased portions of the project may be deferrable. Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under b.) which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c.) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,reimbursement e') will be made for the excess costs from future fees collected by the District from other development. Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or 5%of the refund whichever is less will be retained without fee credit. Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall BE DIRECTED TO X b. Grading and drainage patterns shall be as identified on Exhibit No. 1 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and C. Flood Control Master Plan. on 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities X located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as"Master Plan Facilities to be constructed by Developer". X None required. 3. The following final improvement plans shall be submitted to the District for review prior to final development approval: X Grading Plan X Street Plan Storm Drain Plan Water&Sewer Plan X Final Map Z Other O None Required 4. Availability of drainage facilities: Permanent drainage service is available provided the developer can verify to the satisfaction of the City co X a' that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available.TEMPORARY SERVICE IS AVAILABLE THROUGH d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessitating appropriate floodplain management action.(See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. The subject site contains a portion of a canal or pipeline that is used to manage recharge,storm water, 6. and/or flood flows.The existing capacity must be preserved as part of site development.Additionally,site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Im Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities,approved August 1999,(modified December 2002) A State General Construction Permit is required for all clearing, =4 grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre\if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April, 1997 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit:manufacturing; trucking;recycling;and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and O implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant indicators,and annually submit a report to the State Board. c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible co 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. See Exhibit No.2 for additional comments,recommendations and requirements. Gerald E.Lakeman f Mark Will District Engineer Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 CC: DIRK POESCHEL 923 VAN NESS AVE.,SUITE 200 FRESNO,CA 93721 DARLENE CUMMINGS,TRUSTEE 3360 W.ALLUVIAL AVE. FRESNO,CA 93711 z O ■ ul to co y 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 NOTE: THIS MAP IS SCHEMATIC DISTANCES ARE APPROXIMATE. I I I I I w I I Iv I I I I � MORRIS--AVE N 17�s_ I � • 13113 _ I - ---J II I I _ I I L_—_—__i__--___- I v -- n D I n I ' �f I I I�I ROBERTS AVE i aCt I II ' I) i i I ______________o_J, _ _---_-------- ______ -- ---I— ———— -� I 0 -BROWMING-- AVE • O -r—————__ 1. I LEGEND I]— Existing Master Plan Facilities -———— Inlet Boundary --- — Drainage Area Boundary 1 " = 200' - — Street Centerline ------ Direction of Drainage TRACT 5987 CUP 2010-235 Limits of Project DRAINAGE AREA D r: EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Printing Date:112012011 File:K:IAutocadiDWGS\OEXHIBITITRACTS1598715987.mxd Prepared By:Wade Tavares � coU� County of Fresno Department of Public Health Edward L. Moreno, M.D., M.P.H.,Director-Health Officer Q� 1856p ARE`' January 21, 2011 999999999 L00015896 McKencie Contreras PE 2602 City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Contreras: PROJECT NUMBER: A-10-010, R-10-011, T-5987, C-10-235 Plan Amendment Application No. A-10-010, Rezone Application No. R-10-011, Vesting Tentative Map of Tract No. 5987, and Conditional Use Permit Application No. C-10-235 were filed by Dirk Poeschel Land Development Services, Inc., on behalf of Wathen-Castanos Hybrid Homes, Inc., and pertains to approximately 4.55 acres of vacant property located on the east side of North Forkner Avenue between West Barstow and West Bullard Avenues. Plan Amendment Application No. A-10-010 proposes to amend the 2025 Fresno General Plan and Bullard Community Plan from low density residential planned land use designation to the medium density residential land use designation. Rezone Application No. R-10-011 proposes to reclassify the property from R-1-EH (Single Family Residential Estate, minimum lot size 37,500 square feet- Horses permitted) and R-1-AH (Single Family Residential, minimum lot size 20, 000 square feet- Horses permitted) zone districts to R-2 (Low Density Multiple Family Residential) zone district. Vesting Tentative Map of Tract No. 5987 proposes to subdivide the property into a planned unit development of 36 single family residential lots. Conditional Use Permit Application No. C-10- 235 proposes a gated planned unit development with private streets and modified property development standards (lot area, lot dimensions, lot coverage, and building setbacks). APN: 415-034-18 ZONING: from R-1-EH & R-1-AH to R-2 ADDRESS: 5690 North Forkner Avenue Recommended Conditions of Approval: • 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 City's municipal code. • Construction permits for development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116. 1221 Fulton Mall/P.O.Box 11867/Fresno,California 93775/(559)445-3271 /FAX(559)445-3301 Equal Employment Opportunity-Affi=ative Action-Disabled Employer McKencie Contreras A-10-010, R-10-011, T-5987, C-10-235 January 21, 2011 Page 2 of 2 • Construction permits for the development should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services, Division of Drinking Water and Environmental Management (DDWEM). For more information call (559) 447-3300. REVIEWED BY: pgualN r5°M W urcr carni.. Janet Gardner` me ca°n wd""Nim p9+nmma. fal9MexrV<o nevn.o-°.ws wmzan oi.zi nanss-mm R.E.H.S., M.P.H. Environmental Health Specialist III (559) 445-3271 j9 A-10-010, R-10-011,T-5987, C-10-235 Wathen-Castanos BOARD OF EDUCATION Michelle A.Asadoorian,President Janet Ryan,Clerk Valerie F Davis Fre Sr o Unified Lindsay Ca]Johnson Carol MarryA.Moore School District Tony Vans,Ed.U. Preparing Career Ready Graduates SUPERINTENDENT Michael E.Hanson January 18, 2011 McKencie Contreras, Development Services/Planning City of Fresno Planning& Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 SUBJECT- PLAN AMENDMENT APPLICATION NO. A-10-010 REZONE APPLICATION R-10-011 VESTING TENTATIVE MAP OF TRACT 5987 CONDITIONAL USE PERMIT APPLICATION C-10-235 5690 N. FORKNER AVE. (APN 415-034-18) Dear Ms. Contreras, In response to your request for review and comment on Plan Amendment Application No. A-10-010, Rezone Application R-10-011, Vesting Tentative Map of Tract 5987, and Conditional Use Permit C- 10-235, Fresno Unified School District submits the following. Any urban residential development occurring as a result of project approval will have an impact on the District's student housing capacity The District, through Iocal funding, is in a position to mitigate its shortage of classrooms to accommodate planned population growth for the foreseeable future. However, the District recognizes that the legislature, as a matter of law, has deemed, under Government Code Section 65996, that all school facilities impacts are mitigated as a consequence of SB 50's Level 1, 2 and 3 developer fee legislative provisions. Any new development on the subject property or conversion of non-habitable to habitable space is subject to development fees of $2.97 per square foot for residential and $0.47 per square foot for commercial development. Any new development on the property will be subject to the development fee prior to issuance of a building permit. However, per Government Code section 65995 1 "(S)enior citizen residential projects shall be charged the commercial/industrial fee and shall be subject to the limits and conditions of commercial development. Later conversion of a `senior citizen' unit to a `non-senior citizen' unit requires payment of the difference between the amount previously paid and the maximum residential fee in place at the time of conversion. The District requires that senior citizen housing projects paying the lower rate include agreement with the District to pay the higher fee as described above, if any units are converted to `non-senior' housing. This agreement shall be recorded as a covenant running with the land." Therefore, the above referenced project would be subject to the commercial rate of$0.47 per square foot. 23m n}dares&ee • JwYes�a,Ca 9372,1-2287 • wwwfresno.kl zcaacs Plan Annendnzent Application No.A 10-010, Rezone Application No. R 10-011, Vesting Tentative Map of Tract No. 5987, and Conditional Use Permit Application No. C 10-235, Page 2 Attendance area information. The project is presently within the attendance areas of the schools identified below Elementary School Malloch Intermediate School. Tenaya High School Bullard Thank you for the opportunity to comment. Please contact me at 457-3074 if you have any questions or require additional information regarding our comments. Sincerely, X 6K� -- Lisa LeBlanc,Executive Director Facilities Management and Planning LL:hh �� Cily of rnCsi�I/►�� PUBLIC WORKS DEPARTMENT DATE: February 15, 2011 TO: MCKENCIE CONTRERAS, Planner Planning and Development Department FROM: HILARY KIMBER, Parks Supervisor II Public Works Department SUBJECT: CONDITIONS FOR VESTING TENTATIVE TRACT 5987 AND COMMUNITY FACILITIES DISTRICT 1. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District(CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City for the maintenance of such items. ■ Maintenance of all Landscaping and Irrigation systems as approved by the Public Works Department within the street right-of-ways (includes parkways and one half of median islands in Major Streets), landscape easements,trails and outlots associated with the subdivision. All outlots shall be dedicated to the City of Fresno for maintenance purposes and any related work required. • Maintenance of Sidewalks and Street Furniture as approved by the Public Works Department within the street right-of-way and the landscape easements associated with the subdivision. • Maintenance of all landscape and irrigation systems on sides and in medians, decorative concrete and pilasters included as entry treatments to the tract. ■ Maintenance of all local street Curbs, Gutters and Sidewalks, and Median islands as approved by the Public Works Department within the boundary of the tentative map. • Maintenance and operating costs of all Local Street Lights as approved by the Public Works Department within the boundary of the tentative map. ■ Maintenance of all Street Trees as approved by the Public Works Department within the boundary of the tentative map. 2. An Annexation Request Package shall be submitted to the Public Works Department if the owner/developer chooses to be annexed into the City's CFD for maintenance purposes to be reviewed for acceptance to process. Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City's website (http:\www.fresno.gov) under the Public Works Department Developer Doorway. 3. Proceedings to place the Final Map into a CFD SHALL NOT commence until the Final Map has been annexed into the City of Fresno and the Final Map, Landscape and Street Construction Plans are considered to be Technically Correct. Any change affecting the Items in these conditions requires revision of this letter of conditions. If you have any questions, please call me at 621-1345 c:PW File No. 10770 DPW CFD Conditions February 25,2011 San Joaquin Valley 11 N 9" AIR POLLUTION CONTROL DISTRICT HEALTHY AIR LIVING'" January 24, 2011 McKencie Contreras City of Fresno Development & Resource Management Department 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Agency Project: Plan Amendment No. A-10-010, Rezone No. R-10-011, Vesting Tentative Map of Tract No, 5987, and Conditional Use Permit No. C-10- 235 District CEQA Reference No: 20110021 Dear Ms. Contreras: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above consisting of a planned unit development of 36 single family residential lets, located at 5690 N. Forkner Avenue, in Fresno, CA. The District offers the following comments: 1 . Based on information provided to the District, project specific emissions of criteria pollutants are not expected to exceed District significance thresholds of 10 tons/year NOX, 10 tons/year ROG, and 15 tons/year PM10. Therefore, the District concludes that project specific criteria pollutant emissions would have no significant adverse impact on air quality. 2. Based on information, provided to the District, at full build-out, the proposed project would not be equal to or exceed 50 residential dwelling units. Therefore, the District concludes that the proposed project is not subject to District Rule 9510 (Indirect Source Review). 3. The proposed project may be subject to District Rules and Regulations, including: Regulation VIII (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback; Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). The above Seyed Sadredin Executive DirectorlAir Pollution Control Officer Northern Region Central Region(Main Office) Southern Region 4800 Enterprise Way 1990 E.Gettysburg Avenue 34946 Flyover Court Modesto,CA 953568718 Fresno,CA 937260244 Bakersfield,CA 933089725 Tel:(209)5576400 FAX:l209)5576475 Tel:(559)2306000 FAX:(559)230-6061 Tel:661392-5500 FAX:661-392-5585 www.valleyair.org wvvw.healthyairliving.com Pnmee ,ecrciee nwa,. District CEQA Reference No:20110021 Page 2 list of rules is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at: www.valleyair.org/rules/1 ruleslist.htm. 4. The District recommends that a copy of the District's comments be provided to the project proponent. If you have any questions or require further information, please call David McDonough, at (559) 230-5920. Sincerely, David Warner Director of Permit Servic s ,`. Arnaud Marjollet Permit Services Manager DW: dm