HomeMy WebLinkAboutT-5996 - Conditions of Approval - 3/22/2011 FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13070
The Fresno City Planning Commission at its meeting on December 15, 2010, adopted the following
resolution pursuant to the Subdivision Map Act of the Government Code of the State of California
and the Municipal Code of the City of Fresno.
WHEREAS, Vesting Tentative Tract Map No. 5983UGM was filed with the City of Fresno and
proposes to subdivide the subject property for the purposes of creating an159-lot gated private
street planned development and an additional 3 commercial lots, on approximately 20.14 acres of
property located on the north side of West Herndon Avenue between North Valentine and North
Marks Avenues; and,
WHEREAS, on December 13, 2010 the District 2 Plan Implementation Committee unanimously
recommended approval of the proposed project; and,
WHEREAS,the Development and Resource Management Department staff recommended approval
of the proposed project subject to all conditions of approval contained in the staff report dated
December 15, 2010; and,
WHEREAS, the Fresno City Planning Commission conducted a public hearing on December 15,
2010, to review the proposed subdivision and considered the staff report and invited testimony with
respect to the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission hereby finds in
accordance with its own independent judgment that there is no substantial evidence in the record
that,with the project specific mitigation imposed,that Plan Amendment Application No.A-10-09 may
have additional significant effects on the environment that were not identified in the 2025 Fresno
General Plan Master Environmental Impact Report No. 10130 ("MEIR") or Mitigated Negative
Declaration No. A-09-02 (Air Quality MND); and, that no new or additional mitigation measures or
alternatives may be required. In addition, pursuant to Public Resources Code, Section
21157.6(b)(1),The Commission finds that no substantial changes have occurred with respect to the
circumstances under which the MEIR was certified and that no new information, which was not
known and could not have been known at the time that the MEIR or Air Quality MND were certified
as complete, has become available. Accordingly,the Commission recommends Council adopt the
mitigated negative declaration prepared for Environmental Assessment No.A-10-09/R-10-07/C-10-
195/T-5983.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that approval of the
subject vesting tentative tract map is consistent with the adopted 2025 Fresno General Plan, the
Bullard Community Plan, the Sierra Sky Park Land Use Policy Plan, and the findings required
pursuant to Section 66410 et. seq. of the Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby approves Vesting
Tentative Tract Map No. 5983/UGM subject to the Development and Resource Management
Department Conditions of Approval dated December 15, 2010; and, the following:
1) Condition No. 19 of the Conditions of Approval dated December 15, 2010 shall be removed
in its entirety.
Ini ,w, REPORT TO THE PLANNING COMMISSION
�nGu AGENDA ITEM NO. VIII.F.
COMMISSION MEETING 12/15/10
December 15, 2010
FROM: KEVIN FABINO, Planning Manage IDPAR4TMENT D/ ER CTOR/
Development & Resource Managem e a ment
THROUGH: MIKE SANCHEZ, Planning Manager
Development Services Division
BY: WILL TACKETT, Planner III to ,
Development Services Division '
SUBJECT: CONSIDERATION OF PLAN AMENDMENT APPLICATION NO. A-10-09;
REZONE APPLICATION NO. R-10-07; CONDITIONAL USE PERMIT
APPLICATION NO. C-10-195; VESTING TENTATIVE TRACT MAP NO.
5983/UGM; AND, RELATED ENVIRONMENTAL ASSESSMENT NO.
A-10-09/R-10-07/C-10-195/T-5983.
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-10-09/R-10-07/C-10-195/T-5983
for the purpose of the proposed plan amendment and rezone applications.
2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. A-10-09
proposing to amend the 2025 Fresno General Plan, Bullard Community Plan and Sierra Sky
Park Land Use Policy Plan to change the planned land use designation for an approximately
3.58 acre portion of the subject property from Office Commercial to Neighborhood
Commercial; and, an approximately 7.65 acre portion from Office Commercial to Medium-High
Density Residential.
3. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. R-10-07
requesting authorization to rezone the approximately 3.58 acre portion of the subject property
from the C-P/EA/UGM (Administrative and Professional Office/Expressway Area
Overlay/Urban Growth Management) zone district to the C-1/EA/UGM (Neighborhood
Shopping Center/Expressway Area Overlay/Urban Growth Management) zone district; and,
the approximately 7.65 acre portion of the subject property from the C-P/EA/UGM
(Administrative and Professional Office/Expressway Area Overlay/Urban Growth
Management) zone district to the R-2/EA/UGM (Low Density Multiple Family
Residential/Expressway Area Overlay/Urban Growth Management) zone district.
4. APPROVE the Mitigated Negative Declaration prepared for Environmental Assessment No.
A-10-09/R-10-07/C-10-195/T-5983 for the purpose of the proposed Conditional Use Permit
and Vesting Tentative Tract Map applications.
5. APPROVE Conditional Use Permit Application No. C-10-195 subject to the findings included
within the Staff Report to the Planning Commission dated December 15, 2010; and,
compliance with the Conditions of Approval dated December 15, 2010.
6. APPROVE Vesting Tentative Tract Map No. 5983/UGM subject to the findings included within
the Staff Report to the Planning Commission dated December 15, 2010; and, compliance with
the Conditions of Approval dated December 15, 2010.
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 2
EXECUTIVE SUMMARY
Dirk Poeschel Land Development Services, Inc., on behalf of Wilson Homes, has filed Plan Amendment
Application No. A-10-09, Rezone Application No. R-10-07, Conditional Use Permit Application No.
C-10-195, and Vesting Tentative Tract Map No. 5983/UGM pertaining to approximately 20.14 acres of
property located on the north side of West Herndon Avenue between North Valentine and North Marks
Avenues.
Plan Amendment Application No. A-10-09 proposes to amend the 2025 Fresno General Plan, Bullard
Community Plan, and Sierra Sky Park Land Use Policy Plan to change the planned land use
designation for an approximately 3.58 acre portion of the subject property from Office Commercial to
Neighborhood Commercial; and, an approximately 7.65 acre portion from Office Commercial to Medium
High Density Residential.
Rezone Application No. R-10-07 proposes to rezone the approximately 3.58 acre portion of the subject
property from the C-P/EA/UGM (Administrative and Professional Office/Expressway Area Overlay/Urban
Growth Management) zone district to the C-1/EA/UGM (Neighborhood Shopping Center/Expressway
Area Overlay/Urban Growth Management) zone district; and, the approximately 7.65 acre portion of the
subject property from the C-P/EA/UGM (Administrative and Professional Office/Expressway Area
Overlay/Urban Growth Management) zone district to the R-2/EA/UGM (Low Density Multiple Family
Residential/Expressway Area Overlay/Urban Growth Management)zone district.
These applications have been filed in order to facilitate approval of a proposed 159-lot single farnily
residential gated private street planned development subdivision of the subject property in accordance
with Conditional Use Permit Application No. C-10-195 and Vesting Tentative Tract Map No. 5983/UGM.
An additional three commercial lots are also proposed to be created by the proposed subdivision map
for the approximately 3.58 acre portion of the subject property.
Portions of the existing public street rights-of-way adjacent to the proposed commercial lots are also
proposed to be vacated in order to facilitate the planned alignment of North Prospect Avenue.
The proposed amendment to the 2025 Fresno General Plan, Bullard Community Plan and Sierra
Sky Park Land Use Policy Plan planned land use designation for, and the subsequent rezoning
of, the subject property pursuant to Plan Amendment Application No. A-10-09 and Rezone
Application No. R-10-07, facilitates consistency between the zoning and planned land use
designation of the subject property for the purposes of future subdivision and development.
Furthermore, the proposed subdivision and residential planned development of the subject
property at an overall density of approximately 14.12 dwelling units per acre pursuant to Vesting
Tentative Tract Map No. 5983/UGM and Conditional Use Permit Application No. C-10-195 is
consistent with the proposed Medium-High Density Residential planned land use designation
requiring between 10.38 and 18.15 dwelling units per acre.
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 3
PROJECT INFORMATION
PROJECT Plan Amendment Application No. A-10-09 proposes to amend the 2025
Fresno General Plan, Bullard Corrimunity Plan, and Sierra Sky Park
Land Use Policy Plan to change the planned land use designation for an
approximately 3.58 acre portion of the subject property from Office
Commercial to Neighborhood Commercial; and, an approximately 7.65
acre portion from Office Commercial to Medium High Density
Residential.
Rezone Application No. R-10-07 proposes to rezone the approximately
3.58 acre portion of the subject property from the C-P/EA/UGM
(Administrative and Professional Office/Expressway Area Overlay/Urban
Growth Management) zone district to the C-1/EA/UGM (Neighborhood
Shopping Center/Expressway Area Overlay/Urban Growth
Management) zone district; and, the approximately 7.65 acre portion of
the subject property from the C-P/EA/UGM (Administrative and
Professional Office/Expressway Area Overlay/Urban Growth
Management) zone district to the R-2/EA/UGM (Low Density Multiple
Family Residential/Expressway Area Overlay/Urban Growth
Management)zone district.
These applications have been filed in order to facilitate approval of a
proposed 159-lot single family residential gated private street planned
development subdivision of the subject property in accordance with
Conditional Use Permit Application No. C-10-195 and Vesting Tentative
Tract Map No. 5983/UGM. An additional three commercial lots are also
proposed to be created by the proposed subdivision map for the
approximately 3.58 acre portion of the subject property.
APPLICANT Dirk Poeschel Land Development Services, Inc., on behalf of,
Wilson Homes & 5983 Enterprises, L.P., subdivider.
LOCATION North side of West Herndon Avenue between North Valentine and North
Marks Avenues.
(Council District 2, Councilmember Borgeas)
SITE SIZE Approximately 20.14 acres.
PLANNED LAND USE Existing - Office Commercial &
Medium-High Density Residential
Proposed - Neighborhood Commercial &
Medium-High Density Residential
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 4
ZONING Existing - C-P/EA/UGM (Administrative and Professional Office
District/Expressway Area Overlay/Urban
Growth Management); and,
R-2/EA/UGM (Low Density Multiple Family Residential
District/Expressway Area Overlay/Urban Growth
Management)
Proposed - C-1/EA/UGM (Neighborhood Shopping Center District/
Expressway Area Overlay/Urban Growth
Management); and,
R-2/EA/UGM (Low Density Multiple Family Residential
District/Expressway Area Overlay/Urban Growth
Management)
PLAN DESIGNATION Pursuant to Table 2 (Planned Land Use and Zone District Consistency
AND CONSISTENCY Matrix) of the 2025 Fresno General Plan and Section 12-403-B-1 (Zone
District Consistency Table) of the FMC, the proposed C-1 and R-2 zone
district classifications proposed for the subject property and the
proposed Neighborhood Commercial and Medium-High Density
Residential planned land use designations for the subject property may
be found consistent.
ENVIRONMENTAL Finding of a Mitigated Negative Declaration filed on November 12, 2010.
FINDING
PLAN COMMITTEE To date, a formal recommendation has not yet been provided by the
RECOMMENDATION District 2 Plan Implementation Committee. The item will be scheduled
for consideration by the Committee at its regular meeting to be held on
December 13, 2010; and, any recommendations will be presented by
staff to the Commission for consideration at the public hearing
scheduled for December 15, 2010.
STAFF Recommend Approval (to the City Council) of: (1) Adoption of the
RECOMMENDATION Mitigated Negative Declaration prepared for Environmental Assessment
No. A-10-06/R-10-06/T-5971 for the Plan Amendment and Rezone
Applications; (2) Plan Amendment Application No. A-10-09; and, (3)
Rezone Application No. R-10-07.
Recommend Approval (by the Planning Commission) of: (1) Adoption of
the Mitigated Negative Declaration prepared for Environmental
Assessment No. A-10-06/R-10-06lT-5971 for the Conditional Use Permit
and Vesting Tentative Tract Map applications; (2) Conditional Use
Perrnit Application No. C-10-195; and, (3) Vesting Tentative Tract Map
No. 5983/UGM.
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 5
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
North R-1-13/UG M
Medium-Low Density Residential Single Family Residential/ Single Family Residential
Urban Growth Management
East R-2-A/UGM
Low Density Multiple Family Multiple Family Residential
Medium-High Density Residential Residential/Conditions of Zoning Development
C-1/EA/UGM/cz &
Neighborhood Commercial Neighborhood Shopping
Center/Expressway Area Overlay/Urban Commercial
Growth Management
South R-1-C Medium-Low Density Residential Single Family Residential Single Family Residential
West R-A//EA/UGM Neighborhood Park
Open Space/ Park 9
Single Family Residential- &
& Agricultural/Expressway Area
Office Commercial Overlay/Urban Growth Management Vacant
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 and Sierra Sky Park Land Use Policy Plan areas,
including the Master Environmental Impact Report (MEI R) 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 mitigation 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
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 6
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
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-10-09/R-10-07/C-10-195/T-5983 was published on November 12, 2010 with no comments or
appeals received to date.
BACKGROUND/ANALYSIS
Dirk Poeschel Land Development Services, Inc., on behalf of Wilson Homes, has filed Plan Amendment
Application No. A-10-09, Rezone Application No. R-10-07, Conditional Use Permit Application No.
C-10-195, and Vesting Tentative Tract Map No. 5983/UGM pertaining to approximately 20.14 acres of
property located on the north side of West Herndon Avenue between North Valentine and North Marks
Avenues.
Plan Amendment Application No. A-10-09 proposes to amend the 2025 Fresno General Plan, Bullard
Community Plan, and Sierra Sky Park Land Use Policy Plan to change the planned land use
designation for an approximately 3.58 acre portion of the subject property from Office Commercial to
Neighborhood Commercial; and, an approximately 7.65 acre portion from Office Commercial to Medium
High Density Residential.
Rezone Application No. R-10-07 proposes to rezone the approximately 3.58 acre portion of the subject
property from the C-P/EA/UGM (Administrative and Professional Office/Expressway Area Overlay/Urban
Growth Management) zone district to the C-1/EA/UGM (Neighborhood Shopping Center/Expressway
Area Overlay/Urban Growth Management) zone district; and, the approximately 7.65 acre portion of the
subject property from the C-P/EA/UGM (Administrative and Professional Office/Expressway Area
Overlay/Urban Growth Management) zone district to the R-2/EA/UGM (Low Density Multiple Family
Residential/Expressway Area Overlay/Urban Growth Management)zone district.
These applications have been filed in order to facilitate approval of a proposed 159-lot single family
residential gated private street planned development subdivision of the subject property in accordance
with Conditional Use Permit Application No. C-10-195 and Vesting Tentative Tract Map No. 5983/UGM.
An additional three commercial lots are also proposed to be created by the proposed subdivision map
for the approximately 3.58 acre portion of the subject property.
Portions of the existing public street rights-of-way adjacent to the proposed cornmercial lots are also
proposed to be vacated in order to facilitate the planned alignment of North Prospect Avenue.
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 7
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 Fresno Municipal Code
(FMC) the proposed C-1 (Neighborhood Shopping Center) and R-2 (Low Density Multiple Family
Residential) zone districts are consistent with the proposed Neighborhood Commercial and Medium-
High Density Residential (10.38-18.15 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 14.12 dwelling units per acre, in a manner which is consistent with
the permitted uses and property development standards of the proposed R-2 (Low Density Multiple
Family Residential) zone district (as proposed by Vesting Tentative Tract Map No. 5983/UGM) may be
determined to be consistent with the proposed Medium-High Density Residential planned land use
designation for the subject property.
Vesting Tentative Tract Map No. 5983/UGM and Conditional Use Permit Application No. C-10-195
provide for the subdivision and development of a proposed 159-lot, single family residential gated
private street planned development with modified lot area, lot dimension, lot coverage, and building
setback requirements at an overall density of approximately 14.12 dwelling units/per acre. The
proposed residential planned development may be described as being broken into two "hemispheres".
Lots proposed within the gated area to be located north of West Fir Avenue (Lots 119 through 162 of
Vesting Tentative Tract Map No. 5983/UGM) are characterized as being lots of a more conventional
size and type, ranging in size from approximately 4,500 square feet in area to approximately 8,570
square feet in area; with the vast majority of those lots being of a size less than 5,000 square feet in
area. Lots proposed within the gated area to be located south of West Fir Avenue (Lots 4 through 118
of Vesting Tentative Tract Map No. 5983/UGM) are smaller in size, ranging from approximately 1,800
square feet in area to approximately 3,650 square feet in area; with the vast majority of those lots being
of a size less than 2,000 square feet in area.
The conditional use permit will also provide for reduced front and rear yard setbacks as are typically
provided in planned development subdivisions. Lots proposed for the area located to the north of West
Fir Avenue have building envelopes providing for front yard setbacks of no less than 10 feet in depth,
rear yard setbacks of no less than 13 feet in depth, and typical side yard setbacks of a minimum 5 feet
in width. Lots proposed for the area located to the south of West Fir Avenue incorporate minimum 2-
foot front yard setbacks, minimum 4-foot rear yard setbacks and minimum 5-foot side yards. Rear yard
fence locations on these lots will cross property lines perpendicular to, and connecting, opposing rear
elevations of residential units; thereby utilizing adjoining rear yard setback areas and off-set rear
elevations to provide private rear yard spaces of up to 16 feet in depth (see Typical Lot Detail [Lots 4-
118] on Exhibit "A" of Conditional Use Permit Application No. C-10-195 for further information).
Residential units range from 2,139 to 2601 square feet in floor area for those lots located north of West
Fir Avenue and units range from 1,200 to 1,555 square feet on those lots located south of West Fir
Avenue. One-car, two-car, and three-car garages are optional throughout the subdivision.
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 8
The subject property is bounded on the north by an existing single family residential subdivision (Tract
3186 recorded in 1981). Property to the east of the subject property has been developed with multiple
family residential and neighborhood commercial land uses. Properties to 'the south of the subject
property, and across West Herndon Avenue, have also been developed with single family residences at
medium-low residential densities. Property to the west of the subject property, and across proposed
North Prospect Avenue remain vacant and are planned for Office Commercial land uses. A
neighborhood park also exists to the west of the subject property, north of West Fir Avenue.
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-High Density Residential uses
shall be distributed to maximize utilization of available of planned public facilii:ies and services and to
provide housing opportunities with convenient access to employment, shopping, services, and
transportation.
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.
Furthermore, Objective C-12 provides that commercial land uses shall be classified, located, sized, and
developed to meet needs for goods and services while minimizing travel requirements, infrastructure
demands, and adverse impacts. Supporting Policy C-12-d recommends planning for the appropriate
location, size, and distribution of neighborhood commercial uses to implement the planned urban form,
promote stability and identity of neighborhood areas, and allow efficient access without compromising
the operational effectiveness of planned major streets. Furthermore, this policy acknowledges that
neighborhoods should be anchored by commercial centers with a mix of uses that meet the area's need
to achieve activity centers that create a sense of place.
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 efficient use of land while protecting the integrity of established neighborhoods; (3) Encouraging a
mix of uses along major transportation corridors; (4) Providing for safe, clean and aesthetically pleasing
neighborhoods; and, (5) Providing for compatible relationships between differing housing types and
densities. Goals for commercial uses include distributing new commercial land use designations at
logical, marketable, convenient and accessible locations.
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, office commercial, open space / neighborhood 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
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 9
infill development through the completion of another segment of the planned multi-purpose trail system,
the completion and improvement of the local street network within the limits of the proposed subdivision,
and the introduction of a diversity of housing types, 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 Sierra Sky Park Land Use Policy
Plan.
Circulation Element Plan Policies and Major Street System Traffic Capacity
The subject property is located on the north side of West Herndon Avenue between North Valentine and
North Marks Avenues. The adjacent segment of West Herndon Avenue is planned as a 10-lane divided
expressway by the 2025 Fresno General Plan with ultimate mitigation.
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. 5983/UGM, the use of the subject
property is expected to generate an average of approximately 3,495 average daily trips (ADT). Of these
vehicle trips it is projected that 176 will occur during the morning (7 to 9 a.m.) peak hour travel period
and 379 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 2,093 ADT, 242 trips occurring
during the a.m. peak hour and 248 trips during the p.m. peak hour.
Calculating the number of dwelling units which could be developed on the currently planned Medium-
High Density Residential portion of the subject property at the maximum density allowed by the Medium-
High Density Residential planned land use designation of the 2025 Fresno General Plan (approximately
7.22 net acres at 18.15 dwelling units/acre), yields approximately 132 dwelling units. Comparing this
figure to the 159 dwelling units proposed to be developed on the subject property represents a
difference of 27 dwelling units; or, an approximately 20 percent increase in the number of dwelling units
planned to be developed on the subject property.
The proposed planned development subdivision, with the proximity and connectivity of residential, open
space, and neighborhood commercial 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
interes[ing 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
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 November 18, 2010 and December 01, 2010, respectively. These requirements
generally include: (1) Adjacent public street improvements, right-of-way dedications and vacations
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 10
(including, but not limited to, construction of concrete curbs, gutters, and sidewalks, permanent
pavement, underground street lighting systems, concrete medians, roundabouts and traffic circles, and
turn pockets at the intersection of West Herndon with North Valentine/North Prospect Avenues); (2)
Dedication of an easement for, and construction of, the planned multi-purpose trail along West Herndon
Avenue; (3) Restrictions for curbside parking at specific locations and installation of bike lanes; (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 are available to serve the project site subject to implementation of the 2025 Fresno General
Plan policies and the mitigation measures of Master Environmental Impact Report No. 10130; the
construction and installation of public facilities and infrastructure in accordance with Department of
Public Works standards, specifications and policies; and, the implementation of project specific
mitigation measures as identified within the conditions of approval for the proposed project and the
associated Mitigated Negative Declaration finding prepared for the project.
For sanitary sewer service these infrastructure improvements and facilities include only typical
requirements for construction and extension of sanitary sewer mains and branches.
However, the City of Fresno Urban Water Management Plan (UWMP) identifies a water allocation of up
to 76.58 acre-feet per year for the project site based upon the existing planned land use designation of
the 2025 Fresno General Plan. With approval of Plan Amendment Application No. A-10-09 and Rezone
Application No. R-10-07, the proposed project has the potential to increase the water demand for the
project site to 109.47 acre-feet per year (UWMP, Table 6-4, 2008). Therefore, any increase in water
demand resulting from the proposed project, which is greater than the adopted allocation, will be
required to be offset or mitigated in a manner acceptable to the Department of Public Utilities. For this
purpose, 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 implementation of the Water Resources
Management Plan and 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,
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 11
also with two sources water. 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 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 drainage service is available
for the development subject to the developer constructing FMFCD "Non-Master Plan Facilities" as
determined by the district. However, the Storm Drainage Master Plan Facilities have already been
installed in this area and the drainage system was designed to serve medium-low density residential
uses. These facilities do not have capacity to service the proposed medium-high density residential and
commercial land uses. The developer therefore, shall mitigate impacts of the increased runoff from the
proposed land uses to a rate to a rate that would be expected if developed to medium density
residential. The developer may either make improvement to the existing pipeline collection system to
provide additional capacity or may use permanent peak reducing facilities in order to eliminate adverse
impacts on the existing system. A drainage report that identifies the adequacy of the conveyance
capacity of the streets within the project for major storm flows, including but not limited to, the height of
curb, elevation of finish floors, and the setback distances of structures to property lines will also be
required. Amendments or modifications to the FMFCD requirements will be required to be approved by
the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code, prior to
approval of the final map.
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's vehicle trip generation and potential for traffic related impacts to
state facilities and has determined that the proposed project. The Department of Public Works, Traffic
Engineering Division has required that the applicant shall pay its fair share contribution as determined
by Caltrans.
The City Traffic Engineer has also provided that the proposed project will be required to pay the TSMI
Fee, which includes improvements to the State Route 99/West Herndon Avenue facilities. 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
To date, a formal recommendation has not yet been provided by the District 2 Plan Implementation
Committee. The item has been scheduled for consideration by the Committee at its regular meeting to
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 12
be held on December 13, 2010; and, any recommendations will be presented by staff to the
Commission for consideration at the public hearing scheduled for December 15, 2010.
On December 08, 2010 the project applicant held a neighborhood meeting at Forkner 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 (435 invitations were mailed). At this meeting there were approximately 20-25 project
neighbors in attendance. Representation from the District 2 Councilmember's Office, Department of
Public Works, Traffic Engineering, and the project applicant were present to address and respond to
questions, comments, and concerns from the neighboring property owners. 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 Fresno Municipal Code (FMC) can be made.
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2.
a. All applicable provisions of this Code are complied with and the site of the proposed use is
adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls
and fences, parking, loading, recycling areas, landscaping, and other required features, and,
Finding The area of the proposed residential planned development is approximately 11.26 net
a: acres in size. The subject site has been proposed to be subdivided into 159 residential
lots, with lot sizes ranging from 1,800 to 8,570 square feet in area at an overall density of
approximately 14.12 dwelling units/acre. Multi-department/agency review of the proposed
development plan (Conditional Use Permit Application No. C-10-195) 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 December 15,
2010; including yards, spaces, walls and fences, parking, landscaping and open spaces
and other required features.
b. The site for the proposed use relates to streets and highways adequate in width and pavement
type to carry the quantity and kind of traffic generated by the proposed use;and,
Finding Staff from the Public Works Department, Transportation Planning section has estimated
b. thatthe proposed development will generate approximately 176 a.m./379 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 West
Herndon, North Prospect, West Fir, and North Lead Avenues in accordance with the
Department of Public Works and Public Utilities memorandums referenced above. These
requirements are necessary for the traffic generated by the project and to accommodate
cit services and meet the needs of the proposed subdivision.
- - - 1
c. The proposed use will not be detrimental to the public welfare or injurious to property or
improvements in the area in which the property is located. The third finding shall not apply to
uses which are subject to the provision of Section 12-306-N-30 of this Code.
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 13
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.
i �I
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, Bullard Community Plan, and Sierra Sky Park Land Use Policy
Plan contingent upon City Council approval of Plan Amendment Application No. A-10-09 and
Rezone Application No. R-10-07; proposing to designate and zone the subject property for
Neighborhood Commercial and Medium-High 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 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.
REPORT TO THE PLANNING COMMISSION
Plan Amendment Application No. A-10-09
Rezone Application No. R-10-07
Conditional Use Permit Application No. C-10-195
Vesting Tentative Tract Map No. 5983/UGM
December 15, 2010
Page 14
6. The design of the subdivision provides, to the extent feasible, for future passive and natural
heating or cooling opportunities in the subdivision, because of the appropriate use and placement
of landscaping plant materials and because of the orientation of the proposed lots.
The subdivision map, subject to the recommended conditions of approval, complies with the design and
property development standards of the Zoning Ordinance and local Subdivision Ordinance except as
modified in accordance with Planned Development allowances. Based upon the plans and information
submitted by the applicant and the recommended conditions of project approval, staff has determined
that these findings can be made.
Action by the Planning Commission regarding the conditional use permit and vesting tentative tract map
are final unless appealed in accordance with the Fresno Municipal Code, Sections 12-406-1 and
12-1019, respectively.
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-10-195 and Vesting Tentative Tract Map No. 5983/UGM
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.
The appropriateness of the proposed project has been examined with respect to its consistency with
goals and policies of the 2025 Fresno General Plan, the Bullard Community Plan, and the Sierra Sky
Park Land Use Policy 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-10-09,
Rezone Application No. R-10-07, Conditional Use Permit Application No. C-10-195, and Vesting
Tentative Tract Map No. 5983/UGM 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-5983/UGM
Exhibits for Conditional Use Permit Application No. C-10-195
Conditions of Approval for Vesting Tentative Tract Map No. 5983/UGM dated December 15, 2010.
Conditions of Approval for Conditional Use Permit Application No. C-10-195 dated December 15,
2010.
Environmental Assessment No. A-10-09/R-10-07/C-10-195/T-5983, finding of a Mitigated Negative
Declaration dated November 12, 2010.
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
DECEMBER 15, 2010
(REVISED BY THE PLANNING COMMISSION)
VESTING TENTATIVE TRACT MAP NO. 5983/UGM
"A PLANNED DEVELOPMENT"
NORTH SIDE OF WEST HERNDON AVENUE BETWEEN NORTH VALENTINE AND NORTH MARKS AVENUES
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act,
Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The
following specific conditions are applicable to this vesting tentative map:
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code §66020(d)(1), the imposition of
fees, dedications, reservations or exactions for this project are subject to protest by the
project applicant at the time of approval or conditional approval of the development or
within 90 days after the date of the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
The subdivider of property located within the UGM boundaries shall comply with all sewer, water
and street requirements and pay all applicable UGM fees imposed under the Urban Growth
Management process (with appropriate credit given for the installation of required UGM
improvements) in accordance with the requirements of State Law as related to tentative tract
maps.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 5978, the subdivider may
prepare a Final Map in accordance with the approved tentative map, and Conditional
Use Permit Application No. C-10-195.
2. An Air Impact Assessment (AIA) application for the proposed project shall have been
submitted to the San Joaquin Valley Air Pollution Control District prior to the
submittal/acceptance of any phase of the Final Map for recordation/processing.
3. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands
for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113
adopted by the Fresno City Council on September 27, 2005.
4. Submit grading plans and a soils report to the City of Fresno Planning and Development
Department for verification prior to Final Map approval (Reference: Sections 12-1022
and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
Page 2 of 14
any required walls and indicate the proposed width of required landscape easements or
strips. Approval of the grading plan is required prior to Final Map approval.
5. At the time of Final Map submittal, the subdivider shall submit engineered construction
plans to the City of Fresno Public Works, Public Utilities, and Planning and Development
Departments for grading, public sanitary sewer system, public water system, street
lighting system, public streets, and storm drainage, including other technical reports and
engineered plans as necessary to construct the required public improvements and work
and applicable processing fees.
6. Engineered construction plans shall be approved by the City prior to the approval of the
Final Map. If, at the time of Final Map approval, such plans have not been approved, the
subdivider shall provide performance security in an amount established by the City to
guarantee the completion of plans.
7. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated
to the City of Fresno. Public utility easements beyond the limits of the Final Map, but
required as a condition of development, shall be acquired at the subdivider's cost and
shall be dedicated by separate instrument at the time of Final Map approval. The
relocation of existing utilities necessitated by the required public improvements shall be
paid for by the subdivider. The subdivider is responsible to contact the appropriate utility
company for information.
8. Comply with the conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No.
68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard
Specifications, 2002 Edition, and any amendments thereto.
9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street
improvements and other grading and construction; street trees, street signs, water and
sewer service, and inspections in accordance with the City of Fresno Master Fee
Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State law
as related to vesting tentative maps.
10. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall
complete all the public improvements prior to the approval of the Final Map by the City.
If, at the time of Final Map approval, any public improvements have not been completed
and accepted in accordance with the standards of the City, the subdivider may elect to
enter into an agreement with the City to thereafter guarantee the completion of the
improvements.
11. As a condition of Final Map approval, the subdivider shall furnish to the City a
subdivision guarantee listing all parties having any right, title or interest and the nature of
their interest per State law.
GENERAL INFORMATION
12. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
Page 3 of 14
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.
13. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the
subdivider to file multiple Final Maps shall not limit the authority of the local agency to
impose reasonable conditions relating to the filing of multiple Final Maps," multiple final
maps filed by the subdivider on this tract shall fully and independently conform to all
provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real
Property.
14. The developer/owner shall obtain any and all permits required for the removal or
demolition of any existing building or structure located within the subdivision boundaries.
The developer/owner shall also obtain any and all permits required for the proper
abandonment/closure of any existing water well, septic tank/leach field or cesspool, and
irrigation pipeline on the subject property. All such permits shall be obtained prior to
commencement of tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
15. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Pollution
Control District for the control of particulate matter and fugitive dust during construction
of this project.
16. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution
Control District for the control of Fugitive dust requirements from paved and unpaved
roads.
17. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
18. If there are suspected human remains, the Fresno County Coroner shall be immediately
contacted (business hours: (559) 268-0109; after hours the contact phone number is
(559) 488-3111 for the Fresno County Sheriff's Department). If remains or other
archaeological material is possibly Native American in origin, the Native American
Heritage Commission (phone number (916) 653-4082) shall be immediately contacted,
and the California Archaeological Inventory/Southern San Joaquin Valley Information
Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of
recognized archaeologists.
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
Page 4 of 14
20. If animal fossils are uncovered, the Museum of Paleontology at the University of
California, Berkeley shall be contacted to obtain a referral list of recognized
paleontologists. An assessment shall be conducted by a paleontologist; if the
paleontologist determines the material to be significant, a recommendation shall be
made to the City as to any further site investigation or preservation measures.
21. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment
levied under any State or local law, including a division into condominium interest as
defined in Section 783 of the Civil Code, the developer/owner shall file a written
application with the City of Fresno Director of Public Works, requesting apportionment of
the unpaid portion of the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
a) A full description of each assessed lot, parcel or interest to be divided and of how
such lot, parcel or interest will be divided;
b) A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested
apportionment.
d) The application shall be filed prior to the approval of the Final Map(s) by the City and
shall be accompanied by a fee in an amount speciried in the Master Fee Resolution
for each separate lot, parcel, or interest into which the original assessed lot, parcel or
interest is to be divided. The fee shall be in an amount sufficient to pay all costs of
the City and the Engineer of Work responsible for determining the initial assessment
in making the requested apportionment.
ZONING & PROPERTY DEVELOPMENT STANDARDS
22. Approval of Vesting Tentative Tract Map No. 5983/UGM is contingent upon City Council
approval of Plan Amendment Application No. A-10-09 and Rezone Application No.
R-10-07.
23. As a proposed "Planned Development' subdivision, approval of Vesting Tentative Tract
Map No. 5983 is contingent upon approval of Conditional Use Permit Application No.
C-10-195; authorizing the planned development of the subject property.
24. Pursuant to Rezone Application No. R-10-07 the subject property is proposed to be
zoned C-1/EA/UGM (Neighborhood Shopping Center District/Expressway Area
Overlay/Urban Growth Management) and R-2/EA/UGM (Low Density Multiple Family
Residential District/Expressway Area Overlay/Urban Growth Management). Any
development on the subject property or individual lots resulting from a subdivision
thereof shall comply with the property development standards of the respective
C-1/EA/UGM and R-2/EA/UGM zone districts except as may be modified herein
pursuant to Conditional Use Permit Application No. C-10-195.
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
Page 5 of 14
a) The planned development of the subject property pertains only to that portion of the
subject property proposed to be subdivided for residential uses (Lots 4-162 of
Vesting Tentative Tract Map No. 5983/UGM).
i) Development of that portion of the subject property proposed to be subdivided for
commercial purposes (Lots 1-3 of Vesting Tentative Tract Map No. 5983/UGM)
shall occur in accordance with Section 12-217 of the FMC (C-1 [Neighborhood
Shopping Center District]).
25. The subject property is located within the Primary Review Area of the Sierra Sky Park
the following conditions shall apply and be satisfied prior to recordation of the Final Map.
a) An avigation easement shall be dedicated to the City of Fresno, which contains the
following property rights:
i) Right-of-flight at any altitude above acquired easement surfaces.
ii) Right to generate noise, vibrations, fumes, dust, and fuel particle emissions.
iii) Right of entry to remove, mark, or light any structures or growths above
easement surfaces.
iv) Right to prohibit creation of electrical interference, unusual light sources, and
other hazards to aircraft flight.
v) Right to prevent erection or growth of all objects above acquired easement
surfaces.
• NOTE: The easement surfaces acquired shall be based on Part 77 of the
Federal Aviation Regulations except that no easement surface less than 35
feet shall be acquired.
b) The subdivider shall record a covenant for the subject property memorializing that it
is understood by the owners and owners' successors in interest that the real property
in question lies close to Sierra Sky Park and that the operation of the airport and the
landing and take-off of aircraft may generate noise levels which will affect the
habitability and quiet enjoyment of the property; and, that the owners covenant to
accept and acknowledge the operation of Sierra Sky Park.
i) The covenant shall also contain a term providing a "buyer notification statement"
as a requirement for the transfer of title of any property located within the
proposed subdivision. This statement should indicate that the buyer is aware of
the proximity of Sierra Sky Pak, the characteristics of the airport's current and
projected activity, and the likelihood of aircraft over-flights of the affected
property.
• NOTE: The above easements and covenants, conditions and restrictions
shall run with the land and shall be binding upon the owners and subsequent
owners of the property.
26. Proposed Outlots 'T' & "AA" shall be dedicated for future development purposes.
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
Page 6 of 14
Lot Area and Dimensions
27. 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
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. 5983/UGM.
Building Setbacks
28. Building setbacks shall be provided in accordance with the Conditions of Approval and
the approved site plan (Exhibit[s] "A") for Conditional Use Permit Application No.
C-10-195.
Fences, Hedges & Walls
29. Fences Hedges and Walls shall be provided in accordance with the Conditions of
Approval and the approved site plan (Exhibit[s] "A") for Conditional Use Permit
Application No. C-10-195.
LANDSCAPING AND OPEN SPACE
30. Dedicate a minimum 26-foot wide easement for Bike and Pedestrian purposes (Trail)
along the West Herndon Avenue frontage of all lots within the proposed subdivision
(south property line of Lot 1 & Outlot "V" of Vesting Tentative Tract Map No. 5983/UGM).
31. Dedicate a minimum 5-foot wide landscape easement along the south property line of
Lot 146 of Vesting Tentative Tract Map No. 5983/UGM (West Fir Avenue frontage).
32. 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-10-195; and, the following:
a) All subdivisions that are 10 net acres in area or greater shall provide a minimum of
2.5 percent of the site with aggregate open space.
• NOTE: As the proposed subdivision is located immediately adjacent to an
existing public neighborhood park, which is approximately 5 acres in size, this
subdivision is exempt from the provision of aggregate open space.
b) Landscaped pedestrian connections/walkways shall be provided for all subdivisions
in order to promote "walkabilityn, link neighborhoods and to provide residents the
opportunity to reach destinations, including (but not limited to) residences, bus stops,
trails, parks (including mini, neighborhood, community, regional parks, etc.), schools,
shopping centers, other subdivisions, etc.
Vesting Tentative Tract Map No. T-5983/UGM
Decernber 15, 2010
Page 7of14
c) 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.
d) Proposed Outlots "C" through "H" & "J" through "Y" of Vesting Tentative Tract Map
No. 5983/UGM shall be utilized and dedicated for public or private landscaping,
public or private walkways, private parking, and recreation purposes in accordance
with the Outlot Schedule of Vesting Tentative Tract Map No. 5983/UGM.
• 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
33. 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.
34. Maintenance of all Outlots proposed within the boundary of Vesting Tentative Tract Map
No. 5983/UGM shall be provided pursuant to the Maintenance Obligations stipulated
herein below or in a manner which provides appropriate security and is deemed
acceptable to both the City of Fresno Planning and Development and Public Works
Departments.
35. Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer
Development and Planting Standards," shall be required adjacent to all required walls or
fences that are accessible to the public and shall be maintained in accordance with the
Maintenance Obligations stipulated herein below; or, in a manner which provides
appropriate security and is deemed acceptable to both the City of Fresno Planning and
Development and Public Works Departments.
36. The subdivider is required to provide street trees on all public street frontages per
Fresno Municipal Code and for the dedication of planting and buffer landscape
easements as determined by the Planning and Development Department. Street trees
shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or,
one tree per home (whichever is greater) by the developer. The subdivider is required to
provide irrigation for all street trees. The irrigation system shall comply with FMC
Section 12-306-N-23, Water Efficient Landscape Standards and AB 1881 Model Water
Efficient Landscape Ordinance.
37. Comply with all of the: (1) Street Tree; (2) Buffer Landscape & Maintenance; (3) Median
Island Landscape; and, (4) Bike Path requirements stipulated within the Department of
Public Works, Streets/MIM Division memorandum dated October 31, 2010; with the
following exceptions:
a) Based upon the proposed front yard setbacks of proposed residential units, street
trees will not be required to be planted within a 10-foot Public Planting and Utility
Easement. Locations of street trees for the proposed project shall be approved by
the Department of Public Works, Parks Supervisor prior to issuance of a street tree
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
Page 8 of 14
planting permit or prior to approval of landscape plans, which are required to be
submitted to serve as a street tree planting permit for on-site trees, which may
alternatively be planted outside of street rights-of-way and within ten feet of the back
of the sidewalk.
STREETS AND RIGHTS-OF-WAY
The following street names shall be corrected on the tentative map:
Street Name Status Required Change
North Valentine Avenue Change North Prospect Avenue
(Interior Private Streets) Add (Provide new street names forreview & approval)
38. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
FMC and the State Subdivision Map Act.
39. Comply with all of the requirements stipulated within the attached Public Works
Department, Traffic and Engineering Services Division memorandums dated November
18, 2010 and December 01, 2010 (Mitigation measure requirements of Traffic Manager
respective to project Traffic Impact Study [TIS10-013] dated July 28, 2010) with the
following exceptions:
a) In accordance with City Council Resolution No. 2010-279, the proposed project is
exempt from providing sidewalks on both sides of private streets subject to the
execution of an indemnification agreement, in a form provided by the City of Fresno,
prior to City Council action respective to Plan Amendment Application No. A-10-09
and Rezone Application A-10-07.
• NOTE: Should the exemption to the requirement for installation of sidewalks
on both sides of streets become effective, then the provision of sidewalks
within the proposed subdivision shall be afforded consistent with Conditional
Use Permit Application No. C-10-195.
b) The portions of Outlots of Vesting Tentative Tract Map No. 5983/UGM, 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.
c) Local streets are not required to be designed with a minimum 250-foot radius.
Provide street radii in accordance with Vesting Tentative Tract Map No. 59831UGM.
d) The applicant is not required to pay a fair share contribution for the proposed project
for impacts to State of California Department of Transportation facilities. The project
shall pay all other applicable City and County development impact fees.
Vesting Tentative Tract Map No. T-5983/UGM
Decerriber 15, 2010
Page 9 of 14
40. Proposed Outlots "A" & "I" of Vesting Tentative Tract Map No. 5983/UGM shall be
dedicated and utilized for private road and public utility purposes.
SANITARY SEWER SERVICE
The nearest sanitary sewer mains to serve the proposed project is an 8-inch main located in
West Fir Avenue. The following sewer conditions shall be required prior to providing City
sewer service to the project:
41. Comply with all of the requirements stipulated within the attached Department of Public
Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated
November 22, 2010.
WATER SERVICE
The nearest water main to serve the proposed project is an 8-inch main located in West Fir
Avenue and an 8-inch main located in North Lead Avenue. The following water improvements
shall be required prior to providing City water service to the project:
42. Comply with all of the requirements stipulated within the attached Department of Public
Utilities, Water Division memorandum dated November 04, 2010.
SOLID WASTE SERVICE
Solid Waste requirements for Commercial lots proposed to be subdivided within this tract will
be addressed upon the submittal of future development applications. The residential planned
development subdivision within this tract will be serviced Single Family Residential properties
with basic container service, subject to the following conditions:
43. Comply with all of the requirements stipulated within the attached Department of Public
Utilities, Solid Waste Division memorandum dated November 16, 2010.
FIRE SERVICE
Fire service is available to the proposed tract subject to the following requirements:
44. Comply with all of the requirements stipulated within the attached Fresno Fire
Department memorandum dated November 03, 2010.
FLOOD CONTROL AND DRAINAGE
45. The subdivider shall be required to comply with the specific requirements imposed by
the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any
amendments or modifications to those requirements which may be granted by the
FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code.
These requirements are identified in the District's letters to the Planning and
Development Department dated December 10, 2010.
COUNTY OF FRESNO DEPARTMENT OF PUBLIC HEALTH
46. Comply with all of the requirements stipulated within the attached County of Fresno
Department of Public Health memorandum dated October 26, 2010.
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
Page 10 of 14
FRESNO UNIFIED SCHOOL DISTRICT
47. Comply with all of the requirements stipulated within the attached Fresno Unified School
District memorandum dated October 14, 2010.
RIGHT-OF-WAY ACQUISITION
48. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
49. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage,
signing, pole relocation, and shoulder grading. In general, this will require right-of-way to
be provided approximately 10 feet outside the travel lane. The exact requirement must
be determined at the project design stage based on the existing conditions and detailed
design information.
50. In the event an acquisition of any easement or right-of-way is necessitated by the
subject development, said acquisition will be accomplished prior to Final Map approval.
The developer/owner should contact the Real Estate Section of the Public Works
Department to receive procedural guidance in such acquisitions.
51. Should such acquisition not be accomplished by the subdivider prior to Final Map
approval, the subdivider must request and grant to the City the full authority to attempt
acquisition either through negotiation or through its power of eminent domain. The
subdivider shall furnish to the City Public Works Department, Engineering Division/ Real
Estate Section, an appraisal report or a request for an estimated appraisal amount (to be
determined by the City of Fresno Real Estate Section) prior to preparation of a
Subdivision Agreement.
52. The subdivider shall submit adequate security in the form of a cash deposit to guarantee
payment of all costs associated with the acquisition, including staff time, attorney's fees,
appraisal fees, court costs, and all related expenditures and costs necessary to effect
the acquisition of such easements or rights-of-way.
MAINTENANCE OBLIGATIONS
53. The long term maintenance of all the items listed below is the ultimate responsibility of
the owner/developer.
54. Comply with all the requirements stipulated within the attached Public Works
Department memorandum respective to Communities Facilities District Maintenance
dated November 16, 2010 and the following:
• NOTE: Proposed Outlots of Vesting Tentative Tract Map No. 5983/UGM,
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.
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
* Page 11 of 14
a) 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 (http://www.fresno.gov) under the Public Works Department
Developer Doorway.
b) 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.
c) 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.
d) If the developer/subdivider elects to petition for annexation into the City's Community
Facilities District, he/she shall be required to provide the City of Fresno, Department
of Public Works, with copies of signed acknowledgments from each purchaser of a
lot within the subdivision, attesting to the purchasers understanding that the lot will
have an annual maintenance assessment and that he/she is aware of the estimated
amount of the assessment. The developer/subdivider shall execute and record a
covenant on each lot providing notice that the subject property is subject to annual
payment of the Community Facilities District assessment.
55. Should the City Council or owner/developer choose not to include 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 Fresno Municipal
Code. The agreement with the City described herein, shall among other things,
specify level of effort and frequency, insurance requirements, traffic control, and
inspection and be subject to approval by the Director of Public Works and the City
Attorney's Office.
Vesting Tentative Tract Map No. T-5983/UGM
Decen-iber 15, 2010
Page 12 of 14
• NOTE: Should the owner/developer elect to establish a Home Owners'
Association to perform maintenance obligations and assure that said
obligations are met, then the owner/developer may include such other items
as are deemed -appropriate and necessary _for the sustainability of the
subdivision and its amenities within the responsibilities of the association.
b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and
the proposed instruments for the homeowners association shall be submitted to the
Development and Resource Management Department for review 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:
• Applicable Flood Fees as determined by the Fresno Metropolitan Flood Control District.
SEWER CONNECTION CHARGES FEE RATE
a. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth)
b. Oversize Charge [1] $0.05/sq. ft. (to 100' depth)
c. Trunk Sewer Charge [2]
Service Area: Herndon
- Residential (SFR) $496.00/living unit
- Commercial/Residential (MFR) S.T.E.P.**
d. Wastewater Facilities Charge [3]
- Residential (SFR) $2,119.00/living unit
- Commercial/Residential (MFR) S.T.E.P.**
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
h. Transmission Grid Main Charge [1] $643.00/gross acre
(parcels 5 gross acres or more)
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
Page 13 of 14
i. Transmission Grid Main Bond Debt [1]
Service Charge $243.00/gross acre
(parcels 5 gross acres or more)
j. UGM Water Supply Fee [2] $379.00/net acre
Service Area: 142
k. Well Head Treatment Fee [2] $0/living unit
Service Area: 201
I. Recharge Fee [2] $0/living unit
Service Area: 201
m. 1994 Bond Debt Service [1] $0/living unit
Service Area: 201
CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE
n. Fire Facilities Impact Fee — Citywide [4]
- Residential $539.00/living unit
- Residential, Multi-Family $439.00/living unit
- Commercial $236.00/1000 sq.ft. t
o. Park Facility Impact Fee — Citywide [4]
- Residential $2,278.00/living unit
- Residential, Multi-Family $1,853.00/living unit
p. Quimby Parkland Dedication Fee [2]
- Residential $1,120.00/living unit
- Residential, Multi-Family $911.00/living unit
q. Citywide Regional Street Fee [3]
- Residential $8,361.00/adj. acre
- Residential, Multi-Family $13,846.00/adj. acre
- Commercial Office $13,726.00/adj. acre
- Commercial Retail $16,131.00/adj. acre
r. New Growth Area Major Street Fee [3]
- Residential $18,790.00/adj. acre
- Residential, Multi-Family $30,775.00/adj. acre
- Commercial Office $29,848.00/adj. acre
- Commercial Retail $37,495.00/adj. acre
s. Police Facilities Impact Fee — Citywide [4]
- Residential $624.00/living unit
- Residential, Multi-Family $508.00/living unit
- Commercial $665.00/1000 sq.ft. t
t. Traffic Signal Charge [1]
- Residential $450.94/living unit
- Residential, Multi-Family $316.65/living unit
Vesting Tentative Tract Map No. T-5983/UGM
December 15, 2010
Page 14 of 14
- Commercial $47.12/ADT t
u. Street Acquisition/Construction Charge [2] $201,832.00
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.
t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and conditions of approval from
Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project. Average
Daily Trips to be determined by Traffic Engineering.
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
DECEMBER 15, 2010
CONDITIONAL USE PERMIT APPLICATION NO. C-10-195
"A PLANNED DEVELOPMENT"
NORTH SIDE OF WEST HERNDON AVENUE BETWEEN NORTH VALENTINE AND NORTH
MARKS AVENUES
PART A- PROJECT INFORMATION
1. Assessor's
Parcel No(s): 500-191-39
2. Street Location: Located on the north side of West Herndon Avenue between North
Valentine and North Marks Avenues.
(Council District 2, Councilmember Borgeas)
3. Existing Zoning "C-P/EA/UGM" (Administrative and Professional Office /Expressway
Area Overlay/Urban Growth Management)
"R-2/EA/UGM" (Low Density Multiple Family Residential District/
Expressway Area Overlay/Urban Growth Management))
4. Proposed Zoning "R-2/EA/UGM" (Low Density Multiple Family Residential District /
ExpresswayArea Overlay/Urban Growth Management))
5. Existing
Planned Land Use: Office Commercial; and,
Medium-High Density Residential (10.38-18.15 dwelling units/acre)
6. Proposed
Planned Land Use: Medium-High Density Residential (10.38-18.15 dwelling units/acre)
7. Plan Areas: Bullard Community Plan, Sierra Sky Park Land Use Policy Plan
8. Project Description: Requests authorization to establish a 159-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. 5983/UGM.
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 2 of 15
PART B - GENERAL CONDITIONS AND REQUIREMENTS
The City of Fresno Planning Commission, on December 15, 2010, approved the special permit
application subject to the enclosed list of conditions and Exhibit(s)"A", "E", "F"&"L"of Conditional Use
Permit Application No. C-10-195.
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-10-69 and Vesting Tentative Tract
Map No. T-5978.
Approval of this special permit shall be considered null and void in the event of failure by the applicant
and/or the authorized representative, architect, engineer,or designer to disclose and delineate all facts
and information relating to the subject property and the proposed development including, but not limited
to, the following:
1. All existing and proposed improvements including but not limited to buildings and structures,signs
and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject
property and all of the preceding which are located on adjoining property and may encroach on the
subject property;
2. All public and private easements, rights-of-way and any actual or potential prescriptive easements
or uses of the subject property; and,
3. Existing and proposed grade differentials between the subject property and adjoining property
zoned or planned for residential use.
Approval of this special permit may become null and void in the event that development is not
completed in accordance with all the conditions and requirements imposed on this special permit, the
Zoning Ordinance, and all Public Works Standards and Specifications. The Planning and
Development Department shall not assume responsibility for any deletions or omissions resulting from
the special permit review process or for additions or alterations to construction plan not specifically
submitted and reviewed and approved pursuant to this special permit or subsequent amendments or
revisions. (Include this note on the site plan.)
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 3 of 15
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 December 01,2014(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
Planning Division for final review and approval,ten days before applying for building permits.
Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the
Planning Division must be substituted for unstamped copies of the same in each of the sets of
construction plans submitted for plan check prior to issuance of building permits. The final approved
site plan must also include all corrections identified in the plan check process.
Be advised that on-site inspections will not be authorized unless the final stamped approved site plan,
elevations, landscape, and irrigation plans are included in the plan check file copy.
Please contact Will Tackett at (559) 621-8063 or via e-mail at Will.Tackett@fresno.gov to
schedule an appointment for final sign-off for building permits following your receipt and
substitution of the four copies of the stamped, corrected, approved exhibits in the plan check
sets.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees,
dedication, reservations or exactions for this project are subject to protest by the project applicant at the
time of approval or conditional approval of the development or within 90 days after the date of the
imposition of the fees, dedications, reservation or exactions imposed on the development project.
This notice does not apply to those fees, dedications, reservations or exactions which were previously
imposed and duly noticed; or, where no notice was previously required under 'the provisions of
Government Code Section 66020(d)(1) in effect before January 1, 1997.
PART C - PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and proposed
on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to
omission or misrepresentation of information, for which this review process is dependent, will be
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 4 of 15
imposed whenever such conditions are disclosed.
Questions relating to dedications,street improvements or off-street parking geometrics may be directed
to Louise Gilio at (559) 621-8678 / Louise.Gilio@fresno.pov of the City of Fresno Public 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. 5983/UGM.
d) VACATIONS. The following vacation requirements must be satisfied prior to issuance of
building permits:
i) A feasibility study for all proposed vacations of existing public rights-of-way is required to be
completed prior to recordation of the 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
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 5 of 15
to Public Works standards, specifications, and policies. Plans shall be prepared by a
registered Civil Engineer.
• NOTE: Reference Conditions of Approval for Vesting Tentative Tract Map No.
5983/UGM 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, PLiqr 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-2," Low Density Multiple Family Residential District(Section 12-212 of the FMC)
ii) "EX, Expressway Area Overlay District(Section 12-244 of the FMC)
iii) "UGM", Urban Growth Management(Section 12-4.500 et seq. of the FMC)
iv) 2025 Fresno General Plan
v) Bullard Community Plan
vi) Sierra Sky Park Land Use Policy Plan
2. ZONING
a) Approval of Conditional Use Permit Application No. C-10-69 is contingent upon approval of
Vesting Tentative Tract Map No. 5983/UGM; and, City Council approval of Plan Amendment
Application No. A-10-09 and Rezone Application No. R-10-07.
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 6 of 15
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-10-195 and Vesting Tentative Tract Map No. 5983/UGM.
4. POPULATION DENSITY
a) Pursuant to the Medium-High Density Residential planned land use designation for the subject
property; the subject property shall be developed in accordance with Vesting Tentative Tract
Map No. 5983/UGM and Exhibit(s) "A" of Conditional Use Permit Application No. C-10-195.
i) Based upon the number of dwelling units (du)allowed per acre, respective to the Medium-
High Density Residential planned land use designation,the subject property is required to
be developed with between 10.38-18.15 du/acre to meet the density requirements of the
2025 Fresno General Plan and FMC.
• NOTE: Pursuant to Vesting Tentative Tract Map No5983/UGM and Conditional Use
Permit Application No. C-10-195, the subject property is proposed to be developed at
an overall density of approximately 14.12 du/acre.
ii) A subsequent entitlement will be required in order to revise the current development
proposal or authorize an alternative development scheme for the subject property. Further
environmental review may also be required for any future revisions dependent upon the
level of intensification that may be proposed.
5. BUILDING HEIGHT
a) No building or structure erected in the R-1 (Single Family Residential)zone district shall have a
height greater 35 feet.
b) All accessory buildings on the subject property, or lots proposed to be created by Vesting
Tentative Tract Map No. 5983/UGM shall comply with the requirements and provisions of the
development standards of the FMC for the R-1 zone district and are subject to the provisions of
Section 12-306-N-1 (Accessory Buildings) of the FMC.
• NOTE: Exceptions. Over height structures may be approved by the City of Fresno
Planning Commission or Director of the Planning and Development Department.
However, no roof structure or any space above the height limit shall be allowed for the
purpose of providing additional living or floor space.
6. BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS
Setbacks shall be provided in accordance with Exhibit(s)"A"of Conditional Use Permit Application
No. C-10-195,the Conditions of Approval for Vesting Tentative Tract Map No.5983/UGM;and,the
following:
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 7 of 15
a) In accordance with Section 12-244 of the FMC(ExpressayArea OverlayDistrico,on properties
zoned for residential uses, no building shall be erected within 200 feet of an abutting
expressway right-of-way line except as follows:
i) On those properties zoned for residential uses for which noise is reduced to not more than
60 Ldn,as determined by noise evaluation and noise reduction procedures approved by the
Office of Noise Control, California Department of Health, the minimum building setback
shall be not less than 75 feet from the center line of the nearest moving traffic lane of the
abutting expressway.
• NOTE: In accordance with 'the implementation and mitigation measures of the 2025
Fresno General Plan, an acoustical analysis was prepared for the proposed project by
Brown-Bustin Associates, Inc., dated July 19, 2010. The acoustical analysis provides
recommendations for mitigation of noise from the abutting expressway, which are
incorporated herein as conditions of approval and project specific mitigation measures.
Compliance with these conditions of approval will effectively mitigate noise levels to
less than 60 Ldn.
b) For Lot 146 of Vesting Tentative Tract Map No. 5983/UGM the side yard abutting the street
shall be not less than 10 feet (building setback).
X FfflFA-yafd setbacks for Lots 446-throug .„ Faet-MaD-Nck..5983/UGM
.&hall be tapered; providing-fes smooth-tFa� + '. away f etbacks of
ediacent-single farnily-1A&4F&M.+ngon Nohh '-�,- "venues:
i) Lots 1 & ,61 of Vestipq Toataye Tract Map No. 5983/UGM sliaN be developed with
propos. M .s 4mnt yard setback: .
d) Any proposed deviation from the building setbacks established by Exhibit(s)"A"of Conditional
Use Permit Application No. C-10-195 requires a revision to Conditional Use Permit Application
No. C-10-195.
e) Spaces between buildings shall be provided in accordance with the approved building setbacks
and building envelopes for individual properties respective to Exhibit(s) "A"of Conditional Use
Permit Application No. C-10-195 and the Conditions of Approval for Vesting Tentative Tract
Map No. 5983/UGM.
f) Proposed structures are required to be found in compliance with the fire resistive standards of
the Uniformed Building Code. In the event structures do not comply they must be modified so
as to meet the requirement.
7. LOT COVERAGE
a) Lot coverage shall be permitted in accordance with the approved building setbacks and building
envelopes for individual properties respective to Exhibit(s) "A" of Conditional Use Permit
Application No. C-10-195 and the Conditions of Approval for Vesting Tentative Tract Map No.
5983/UGM.
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 8 of 15
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. 5983/UGM, and the following:
a) A landscape and irrigation plan prepared by a landscape professional,shall be submitted to the
Planning 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. 5983/UGM,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.
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 318 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.
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 9 of 15
i) Fresno Municipal Code requires one (1) street tree per 60 linear feet of public street
frontage.
• NOTE: The Department of Public Works may approve a request for waiver of street
tree requirements if the applicant agrees to plant a minimum of one (1) tree (of similar
type and size) for every 60 linear feet of street frontage on private property within ten
feet of the back of the sidewalk.
• NOTE: An approved landscape plan, properly scaled and dimensioned,shall serve as
a street tree planting permit for on-site trees not in the public right of way. A copy of this
plan shall be kept at the job site at all times.
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.
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 Planning and Development 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 Planning 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
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 10 of 15
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
Planning Division. (Include this note on the site and landscape plans.)
9. FENCES, HEDGES, AND WALLS
Fences, hedges and walls shall be provided in accordance with the Conditions of Approval of
Vesting Tentative Tract Map No. 5983/UGM and, the following:
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(s) "A" of
Conditional Use Permit Application No. C-10-195. 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) 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.
c) Fences, hedges, and walls, not greater than six feet in height,shall be permitted on all rear and
interior side property lines and on or to the rear of all front and street side yard setback lines
with the following exceptions:
9 NOTE: Fence locations for Lots 4-118 of Vesting Tentative Tract Map No. 5983/UGM
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 11 of 15
shall be provided in accordance with Exhibit(s) "A" of Conditional Use Permit
Application No. C-10-195.
i) Fences, hedges, and walls proposed to be located along the street side yard of proposed
Lot 146 of Vesting Tentative Tract Map No. 5983/UGM may be located on or to the rear of
the required 5-foot wide landscape easement.
d) No fence, hedge, or wall over three feet in height shall be permitted in any required front yard
setback area or within the required side yard setback area on the street side of a corner lot.
e) Boundary fences and walls shall be provided in accordance with Exhibit(s) "A" of Conditional
Use Permit Application No. C-10-195 and recommended mitigation measure of the acoustical
analysis prepared for the proposed project by Brown-Buntin Associates, Inc. dated July 19,
2010; and, the following:
ii) Construct a 10-foot high solid masonry sound wall (at finished grade of proposed site)
pursuant to the solid wall requirements of Section 12-306-H of the FMC along the West
Herndon Avenue frontage of the project site for noise mitigation.
• NOTE: The proposed pedestrian access opening in the sound wall along West
Herndon Avenue should have an interior overlapping wall. Assuming a 4-foot wide gate
opening,the minimum length of the overlapping wall shall be 20 feet. Other designs for
the access opening may be acceptable, but shall be reviewed prior to construction by a
qualified acoustical consultant.
iii) Construct an 8-foot high solid masonry sound wall (at finished grade of proposed site)
pursuant to the solid wall requirements of Section 12-306-H of the FMC along the west
property line of Lots 13 & 14 of Vesting Tentative Tract Map No. 5983/UGM for noise
mitigation.
iv) Construct a 6-foot high solid masonry sound wall (at finished grade of proposed site)
pursuant to the solid wall requirements of Section 12-306-H of the FMC along the west
property line of Lots 4-12 of Vesting Tentative Tract Map No. 5983/UGM.
v) The existing masonry wall along the eastern boundary of the project site adjacent to the
existing neighborhood shopping center (i.e., east property line of proposed Lots 35-52 of
Vesting Tentative Tract Map No. 5983/UGM) shall be replaced with an 8-foot high solid
masonry wall (at finished grade of proposed site) pursuant to the requirements of Section
12-306-H of the FMC.
f) Temporary fences to secure projects under construction are allowed. Any temporary fence
shall be adequately secured and constructed to prevent overturning due to wind, vandalism,
and/or casual contact by the general public. The construction shall be performed in such a
manner as to minimize any potential safety hazard, which may occur as a result of improper
fence installation or damage to the fence.
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 12 of 15
9. ACCESS
a) There shall be vehicular access from a dedicated and improved street,alley or recorded private
access to off-street parking facilities.
b) There shall be pedestrian access from a dedicated and improved street, alley or recorded
private access to property used for residential purposes.
c) Vehicular and/or pedestrian access shall be maintained and remain clear at all times.
d) Provide vehicular and/or pedestrian access as noted on Exhibit(s)"A"of Conditional Use Permit
Application No. C-10-195 and as indicated per Conditions of Approval for Vesting Tentative
Tract Map No. T-5983/UGM.
10. OUTDOOR ADVERTISING AND MARKETING
a) Signs, other than directional signs, if applicable,are not approved for installation as part of this
special permit. Submit for a separate Master Sign Program or Sign Review Application.
Applications and requirements for submittal are available at the Planning Division's Public Front
Counter. (Include this note on the site plan).
11. BUILDING 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) Residential construction shall comply with all recommendations of the Acoustical Analyses
prepared for the proposed project by Brown-Buntin Associates, Inc., dated July 19, 2010.
b) Clearly identify all condensing units, air conditioning and heating units on the site and elevation
plans. Roof mounted mechanical equipment shall be recessed and shall not be visible from the
public right-of-way (or private street) or shall be placed on the ground outside of the required
yards.
• 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.
c) Pursuant to Policy numbers C-20-f, C-21-a, C-21-b and C-21-c of the 2025 Fresno General
Plan, all proposed buildings shall include design features and decorative treatments. Visible
sides of buildings shall not be developed with featureless "blank" walls. Design measures
should be utilized to avoid large scale, massive, monolithic, and repetitive"institutional"visual
appearances. This may be accomplished by varying the building footprint with indentations,
projections, offsets, different building materials, or adding polyfoam with a stucco finish to add
visual interest and to break up monotonous walls. Submit elevations inclusive of modifications
for review and approval.
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 13 of 15
i) Elevations which are visible from the public streets rights-of-way shall incorporate "Lot
Enhancements" as depicted on proposed Exhibit(s) "E" of Conditional Use Permit
Application No. C-10-195.
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.
12. AIRSPACE PROTECTION
The subject property is located within the Primary Review Area of the Sierra Sky Park Land Use
Policy Plan.
a) No structure, tree, or other object shall be permitted to exceed the height limits established in
accordance with Part 77, Subpart C, of the Federal Aviation Regulations (FAR). This criterion
applies unless, in the case of a proposed object or growing tree, one or more of the following
apply:
i) The object would be substantially shielded by existing permanent structures or terrain in a
manner such that it clearly would not affect the safety of air navigation.
ii) The FAA has conducted an aeronautical study and either determined that the object would
not result in a hazard to air navigation or made recommendations for the object's propert
marking and lighting as an obstruction.
iii) The object is otherwise exempted from the requirements of FAR Part 77.
b) No object shall be permitted to be erected which because of height or other factors, would
result in an increase in the minimum ceiling or visibility criteria for an existing or proposed
instrument approach procedure.
c) The FAR Part 77 surfaces depicted on the Land Use Policy Plan Map shall be used in
conjunction with the above air space policies to determine whether the height of an object is
acceptable.
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 14 of 15
PART E - CITY AND OTHER SERVICES
1. TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS
a) Comply with all of the requirements stipulated within the attached Public Works Department,
Traffic and Engineering Services Division memorandum dated November 18, 2010 and any
requirements noted on Exhibit(s) "A" of Conditional Use Permit Application No. C-10-195.
b) Comply with all of the requirements stipulated within the attached memorandum from the City
Traffic Engineer dated December 01, 2010 (Mitigation measure requirements respective to
project Traffic Impact Study[TIS10-013] dated July 28, 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 November 16, 2010.
3. FIRE PROTECTION REQUIREMENTS
a) Comply with all of the requirements stipulated within the attached City of Fresno Fire
Department memorandum dated November 03, 2010.
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 October 31, 2010.
4V
5. FLOOD CONTROL REQUIREMENTS
a) Comply with all of the requirements stipulated within the attached Fresno Metropolitan Flood
Control District memorandum dated December 10, 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 November 22, 2010.
b) Comply with all of the requirements stipulated within'the attached Department of Public Utilities,
Water Division memorandum dated November 04, 2010.
7. COUNTY OF FRESNO, DEPARTMENT OF COMMUNITY HEALTH
b) Comply with all of the requirements stipulated within the attached County of Fresno Department
of Public Health memorandum dated October 26, 2010.
Conditions of Approval
Conditional Use Permit Application No. C-10-195
December 15, 2010
Page 15 of 15
8. FRESNO UNIFIED SCHOOL DISTRICT
a) Comply with all of the requirements stipulated within the attached Fresno Unified School District
memorandum dated October 14, 2010.
PART F - MISCELLANEOUS
Approval of this site plan is contingent upon the submittal of corrected site plans showing all
existing/proposed on-site conditions as reflected on all exhibits and the following:
1. If archaeological and/or animal fossil material is encountered during project surveying, grading,
excavating, or construction, work shall stop immediately.
2. If there are suspected human remains,the Fresno County Coroner shall be immediately contacted.
If the remains or other archaeological material is possibly Native American in origin, the Native
American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the
California Archaeological Inventory/Southern San Joaquin Valley Information Center
(Phone: 805/644-2289)shall be contacted to obtain a referral list of recognized archaeologists. An
archaeological assessment shall be conducted for the project,the site shall be formally recorded,
and recommendations made to the City as to any further site investigation or site
avoidance/preservation.
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.
DEPARTMENT OF PUBLIC WORKS
TO: Will Tackett, Planner III
Planning Division
FROM: Hilary Kimber, Parks Supervisor II (559.621.8794)
Streets/MIM Division
DATE: October 31, 2010
SUBJECT: Tract 5983; 3251 West Fir Avenue; (APN: 500-191-39S) located on the north side
of West Herndon Avenue between North Valentine and North Marks Avenues. The Department
of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Harbour &
Associates Civil Engineers on plans dated September 13, 2010. 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: For those lots having internal street tree frontage
available for street tree planting, the developer shall plant one tree for each 60' of street
frontage, or one tree per lot having street frontage, whichever is greater. Tree planting
shall be within a 10' Public Planting and Utility Easement.
a. Street tree inspection fees shall be collected for each 60' of public street Frontage or one
tree per lot whichever is greater.
b. Street trees shall be planted in accordance with the City of Fresno, Department of Public
Works "Standard Specifications."
c. Landscape plans for all public use areas, such as parkways, shall be reviewed and
approved by the Department of Public Works, Streets/MIM Services. A street tree
planting permit shall be required for all residential 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.
Recommended tree species to be planted as follows:
STREET NAME STREET TREE SPECIES/COMMON NAME
West Herndon Avenue Platanus acerifolia `Columbia' (Columbia Sycamore) and
Quercus virginiana (Southern Live Oak)
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 a PUD).
2. Maintenance Service through Annexation into the Community Facilities District
would include amenities along W. Fir, Lead Ave. and the bicycle/pedestrian trail
along W. Herndon Ave.--only. Interior streets for this project will be maintained
through an HOA or other such agreement with the property owner(s).
Landscape and Irrigation plans are required and shall be submitted to the Department of
Public Works for review and approval prior to a Council approval of the final map. Plans
shall be numbered to conform to and be included in the Department of Public Works street
construction plan set for the final map. Fees are applicable when the subdivider elects to
have landscaping maintained by annexing into the City's Community Facilities District.
A. Landscaping shall comply with Landscape Buffer Development Standards approved
by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with
Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code regarding Water
Efficient Landscaping and Buffer landscaping 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.
MEDIAN ISLAND LANDSCAPE REQUIREMENTS
1. When median islands front onto the proposed development project, applicants shall submit
Plans to the Public Works/Engineering.Services showing the location and configuration of
all median islands fronting the proposed project.
2. The Public Works Department will review and evaluate existing median island(s) for a
determination of all required improvements prior to approval of Final Map.
3. Landscape and irrigation is required on all new construction of median islands and shall be
applied in accordance with the City of Fresno, Public Works Department Standards &
Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works
Department requires all proposed median islands to be constructed with 2 foot wide
colored concrete strips, flush along curb edge, in a 12 inch by 12 inch brick red slate
pattern.
4. Trees shall not be planted in sections which are less than eight (8) feet wide unless
approved by the Public Works Department. Sections less than eight (8)feet wide shall be
capped with concrete as an integral part of the offsite improvements, whether or not the
median is landscaped.
BIKE PATH
1. All proposed Multipurpose Paths shall be constructed in accordance with city requirements
and standards. Cross-sections will be required with Street Plans and Landscaping Plans
for review.
City of
0 us
DATE: November 18, 2010
TO: Will Tackett, Planner III
Development and Resource Management Department
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 5983 / C-10-195, (Herndon and Prospect)
Owensby Family Limited Partnership/ Harbour&Associates
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, rp for
to Planning Commission.
1. The portions of outlots F, G, J, and Y that front a public street shall be changed to Public
Easements.
2. Oul:lots H and X shall be changed from outlots to Public Easements.
3. Provide details for the roundabout and traffic circle.
4. Provide gate operational statements for the Conditional Use Permit.
General Conditions:
1. Curb Ramps: Provide curb ramps at all corners within the limits of this subdivision.
2. Pedestrian Easements: Identify all pedestrian easements on the map.
a. Major Streets: A 2' dedication for a pedestrian easement is required.
b. Local Streets: If constructed 42' or 50' a 1'pedestrian easement is required on streets with
driveway approaches.
3. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this map in
accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229.
4. Intelligent Transportation Systems (ITS): Street work on major streets shall be designed to include
ITS in accordance with the Public Works ITS Specifications, where not existing.
5. Entrances: (local street/ major street intersections) Dedicate a minimum of 60' of street right of
way and construct concrete medians to Public Works Standard P-86. A 52' transition is required
1100, from the proposed 60' right of way entrances to the 50' right of way streets. No parking is
to,$ allowed within the limits of the proposed median.
Pkv " r9 -Bei cal streets with a-minimum of 256' radius.
.�jf'ff l 7. Local street lengths exceeding 800' and four way intersections require traffic calming measures.
V Construct permanent traffic circles per Public Works Standards P-83, P-84 and/or P-85.
Identify and provide cross sections on the map. No parking is allowed adjacent to the circles.
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8. 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.
9. 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
prlOr 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.
10. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Planning and
Development Department for review and approval: Street Construction, Signing, Striping, Traffic
Signal and Streetlight and Trail Lighting, Signing and Striping.
11. Street widening and transitions shall also include utility relocations and necessary dedications.
Frontage Improvement Requirements:
Fir Avenue: Local, both sides
1. Dedicate 30' of property, from center line, for public street purposes within the limits of this
subdivision to meet the current City of Fresno Collector Standards. Additional right of way may be
required for the traffic circle. Provide a detail for review and approval.
2. Dedicate a 2' pedestrian easement to accommodate the proposed sidewalk.
3. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be
constructed to an 11' residential pattern. Construct a 5' walk with 2' pedestrian easement, see
map for cross section. Transition sidewalk to the standard position at the west end. Transition
sidewalk on the southeast portion to match the existing sidewalk.
4. Construct 19' of permanent paving (measured from face of curb)within the limits of this sub-
division.
5. Construct an underground street lighting system to Public Works Standard E-3 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local
Streets.
6. Relinquish direct vehicular access rights to Fir Avenue from all lots (excluding outlots A and 1)
within this subdivision.
Prospect Avenue: modified Local,
1. Dedicate 52'-82' of property, or as approved on street plans, from center line, for public street
purposes within the limits of this subdivision to meet the current City of Fresno Collector
Standards. Additional right of way will be required for the roundabout. Provide a detail for review
and approval.
2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be
constructed to a 10' residential pattern.
3. Construct Prospect Avenue, both sides, with permanent paving, as shown on the approved
street plans, within the limits of this subdivision.
4. Construct an underground street lighting system to Public Works Standard E-3 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local
Streets.
5. Construct a concrete median, as approved with the street plans.
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Y
6. Provide all modifications, as needed, at the intersection of Herndon and Prospect for the removal
of the frontage road bulb and intersection alignment, per approved street plans.
7. Relinquish direct vehicular access rights to Avenue from all lots within this subdivision with the
exception of one access point as approved by the Traffic Engineer.
Herndon Avenue: Expressway
1. If not existing, dedicate an additional 10' of property, at Prospect to provide for a 200' west bound
right turn pocket, for public street purposes, within the limits of this subdivision, to meet the
modified City of Fresno Expressway Standards.
2. If not existing, construct any necessary pavement per City of Fresno standards, for the right turn
pocket
3. If not existing, remove and replace concrete curb and gutter for right turn pocket and construct
missing curb and gutter to Public Works Standard P-5. The parkway shall be constructed to a 10'
pattern.
4. Bike and Pedestrian Trail/Path: Dedicate a 26' (minimum) easement for Bike and Pedestrian
purposes only. (Additional right of way may be required for grading and drainage purposes.)
Construct a 12' wide asphalt and concrete Bike and Pedestrian trail/path, complete with lighting,
signing, striping and landscaping, per the 2025 Fresno General Plan, Multi-Purpose Trails Plan
Map and Public Works Standards P-58 and P-60. Identify route on the map and provide a cross
section 7 days prior to the planning commission hearing. Construct an expressway barrier fence
within the limits of this subdivision, per Public Works Standard P-74 and P-75. Submit
engineered construction plans to Public Works. Submit lighting, signing and striping plan to
Traffic and Engineering for approval. Submit grading, landscape and irrigation plans to
Engineering Services. Contact the Development and Resource Management Department.
Provide transition, as needed, to connect to the existing adjacent trail segment on the east.
5. Construct 20' of permanent paving within the limits of this tract and transition paving as
necessary.
6. Construct an underground street lighting system to Public Works Standard E-1 within the limits of
this subdivision. Spacing and design shall conform to Public Works Standard E-10 for
Expressways.
7. Relinquish direct vehicular access rights to Herndon Avenue from all lots within this subdivision.
Interior Streets: Private
Construct sidewalks on both sides of the private streets per ADA standards and the 2025 General Plan.
Refer to page 69 E-1-j -OR -as approved by the City Traffic Engineer.
Specific Mitigation Requirements: This residential portion, 159 single family residential lots, will
generate 119 a.m. / 161 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is required. Comply
with the mitigation measure requirements of the Traffic Engineering Manager.
1. Relinquish direct vehicular access rights to portions of :
a. the west property line of lots1 and 2, as approved on the street plans.
2. The intersection of:
a. Herndon and Prospect Avenues shall be designed with a full median opening to allow for
left turns-in and left turns-out.
3. 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.
4. A feasibility study for all proposed vacations of existing public rights of way is required to be
completed prior to the approval of the tentative map. See Alan James' comments.
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5. Prospect Avenue: Design and construct a roundabout at the intersection of Prospect and the
approved entrance.
6. Fir Avenue: Design and construct a traffic circle at the intersection of Fir and the entrances.
7. Amend Official Plan Line number 97-01.
8. No parking allowed in driveways when the distance from the garage to the back of walk or the
garage to the curb (where no walk) is less than 18'. Covenant required, contact Planning.
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 and commercial lots(fee rate as shown in the Master Fee Schedule).
This TSMI fee is credited against signal installation and Intelligent Transportation System (ITS)
improvements (constructed at their ultimate location) anticipated to build out the 2025 General Plan
circulation element and included in the Nexus Study for the TSMI fee. Project specific impacts that are
not consistent with the 2025 General Plan, Public Works P69 standards, and/or already incorporated into
the TSMI fees infrastructure costs are not reimbursable unless the City Engineer and City Traffic
Engineer include the new traffic signal and/or ITS infrastructure in the next update and the applicant
agrees to pay the new calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or
construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated
impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is
conditioned with improvements that are credited/reimbursable with this fee they should work with the
Department of Public Works and identify with a Professional Engineers estimate the costs associated
with the improvements prior to paying the TSMI fee at time of building permit.
1. Herndon Avenue at Prospect, Modify and relocate the existing signal pole to the ultimate location.
Complete with a 200-watt safety light and an oversize street sign to Public Works Standards.
2. If not existing, install an ITS camera on the northeast corner.
Fresno Maior Street Impact (FMSI) Fee :
This Map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide
regional street impact fees.
Regional Transportation Mitigation Fee (RTMF):
Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201,
Fresno, CA 93721; (559) 233-4148 ext. 200;www.fresnocog.org. Provide proof of payment or exemption
prior to issuance of building permits.
State of California Department of Transportation (Caltrans) Fees:
Applicant shall pay fair share contribution as determined by the State of California Department of
N �P Transportation (Caltrans)to be collected by the City of Fresno Public Works Department Traffic
Engineering prior to a Final Map.
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Fresno
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City Hall 559-621-8800 Public Works Department
2600 Fresno Street, Rm.4064 Patrick Wiemiller, Director
Fresno,CA 93721-3623
www,fresno.aov
December 1, 2010
TJ KM
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 HERNDON and
VALENTINE GENERAL PLAN in the northeast Quadrant of Herndon Avenue/Valentine
Avenue intersection
TIS 10-013 dated July 28, 2010 T5983
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 96 Apartme-Rt fes-idential dwelling units.
GENERAL COMMENTS and CONDITIONS
1. The trip generation based on ITE Trip Generation Manual is acceptable. The proposed project and
General Plan Amendment is projected to generate 3,495 daily trips, 176 trips during the AM peak
hour and 379 trips during the PM peak hour.
The existing General Plan land use generates 2,093 ADT, 242 trips during the AM peak hour and
248 trips during the PM peak hour.
2. This project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee 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 $164,684.40. 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.fresnocoq.orq. Provide proof of payment or exemption prior to issuance of building
permits. If applicable based on vesting rights.
5. Curbside parking shall be restricted on Prospect Drive between Herndon Avenue to Fir Avenue.
Bike lanes shall be installed on Prospect Drive
6. A Roundabout shall be installed to provide left-turn access into the commercial retail/office center
on the east of Prospect Drive and the realigned Herndon Frontage roadway to the west.
7. A traffic circle shall be installed on Fir Avenue to allow for traffic calming on Fir Avenue and a four
way intersection into the two gated subdivision main entrances. The two19' travel lanes on Fir
Avenue allow for a 12' lane and 7' bike lane to be installed and restrict parking.
8. The project shall construct the trail along the Herndon property frontage and provide direct access
from the gated subdivision to the trail. Noise/sound issues will need to be mitigated with the opening
but the sound wall can be overlapped.
9. The project should work with FUSD and Forkner Elementary to have a gate opening near the
intersection of Fir/Prospect.
10. The project shall construct a southbound left-turn, through lane, and right-turn at the southbound
approach to Herndon/Prospect/Valentine. Traffic signal modifications maybe necessary.
11. The City of Fresno has a CIP project to install 6 lanes on Herndon Avenue along property frontage
from Marks to Valentine.
12. The proposed project shall make necessary improvements and right-of-way dedications along
adjacent public streets as per City of Fresno requirements.
13. 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(cDfresno.gov .
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.
City of sot#
FRESNW
v
DEPARTMENT OF PUBLIC UTILITIES
Date: November 22, 2010 Providing Life's Essential Services
To: WILL TACKETT, Planner III
Planning and Development
:From: DOUG HECKER, Supervising Engineering Technicid
Department of Public Utilities, Planning and Engineering ivision
Subject SANITARY SEWER REQUIREMENTS FOR WESTING TENTATIVE
TRACT 5981 UGM AND C-10-195
General
`1'-5983-UGM,A-10-009,R-10-007&C-10-195 were filed by Dirk Poeschel Land Development
Services, Inc.,on'behalf of Jeffrey B. ]Harris of Wilson Homes,and pertains to approx.20.14 acres of
vacant property located on the north side of W. Herndon Ave. between N. Valentine and N. Marks
Avenues; the property is bisected east to west by W.Fir Ave., 3251 West Fir Avenue, APN 500-191-
39S. A-10-009 proposes to amend the 2.025 Fresno General Plan,Bullard Community Plan, and Sierra
Sly Park Land Use Policy Plan for approx. 3.58 acres of property from the comm. office planned land
use designation to the community comm. hand use designation and approx. 7.65 acres of property from
comm. office planned land use designation to the med.-high density res. land use designation. R-10-
007 proposes to reclassify approx. 3.58 acres of property located on the west portion of the property
Mouth of W. Fir Ave.from C-P-EA-UGM, Administrative and Professional Office-Expressway Area
Overlay-UGM,to C-I-EA-UGM,Neigh_ Shopping Center-Expressway Area Overlay-UGM,zone
district; and reclassify approx. 7.65 acres of property located south of W. Fir Ave. from C-P-EA-UGM,
Administrative and Professional Office-Expressway Area Overlay-UGM, to R-2-EA-UGM, Low
Density Multi-Family Res.-Expressway Area Overlay-UGM, zone district.T-5983-UGM proposes to
subdivide approx. 20.14 acres of property into a planned unit development of 1163 single family res.
lots and 3 comm. parcels. C-10-195 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 West Fir
.avenue. The following sewer improvements shall be required prior to providing City sewer service to
tl..c project:
1. Construct an 8-inch sanitary sewer main(including sewer house branches to adjacent
properties)in North Prospect Avenue from the existing 8-inch main located in West Fir Avenue
south,across the project frontage.
2. All sanitary sewer mains shall be extended within the proposed tract to provide service to each
lot.
3. Separate sewer house branches are required for each new lot created.
4. Connection to the existing 45-inch sewer main in West Hemdon Avenue shall not be allowed.
5. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and
submitted to the Department of Public Utilities for review and conceptual approvals prior to
submittal or acceptance of the developers final map and engineered plan &profile
improvement drawing for City review.
6. 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.
7. 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)
4. Sewer Oversize Service Area:# 12
5. Trunk Sewer Charge: Herndon
City of
DPU
DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION
r,.*4x6towl-7V
Providing Life's Essential5ermes
DATE: November 4, 2010
TO: WILL TACKETT, Planner III
Development and Resource Management Department—Current Planning Division
THROUGH: MICHAEL CARBAJAL, Chief Engineering TechnicianYjj
Department of Public Utilities—Water Division � Pi
FROM: ROBERT A. DIAZ, Senior Engineering Technician ',24-1)
Department of Public Utilities—Water Division
SUBJECT: WATER REQUIREMENTS FOR PLAN AMENDMENT NO. A-10-009, REZONE NO.
R-10-007, VESTING TENTATIVE TRACT 5983 AND CONDITIONAL USE PERMIT
C-10-157.
General
T-5983-UGM, A-10-009, R-10-007 & C-10-195 were filed by Dirk Poeschel Land Development
Services, Inc., on behalf of Jeffrey B. Harris of Wilson Homes, and pertains to approx. 20.14 acres of
vacant property located on the north side of W. Herndon Ave. between N. Valentine and N. Marks
Avenues; the property is bisected east to west by W. Fir Ave., 3251 West Fir Avenue, APN 500-191-
39S. A-10-009 proposes to amend the 2025 Fresno General Plan, Bullard Community Plan, and
Sierra Sky Park Land Use Policy Plan for approx. 3.58 acres of property from the comm. office
planned land use designation to the community comm. land use designation and approx. 7.65 acres
of property from comm. office planned land use designation to the med.-high density res. land use
designation. R-10-007 proposes to reclassify approx. 3.58 acres of property located on the west
portion of the property south of W. Fir Ave. from C-P-EA-UGM, Administrative and Professional
Office-Expressway Area Overlay-UGM, to C-1-EA-UGM, Neigh. Shopping Center-Expressway Area
Overlay-UGM, zone district; and reclassify approx. 7.65 acres of property located south of W. Fir Ave.
from C-P-EA-UGM, Administrative and Professional Office-Expressway Area Overlay-UGM, to R-2-
EA-UGM, Low Density Multi-Family Res.-Expressway Area Overlay-UGM, zone district. T-5983-UGM
proposes to subdivide approx. 20.14 acres of property into a planned unit development of 163 single
family res. lots and 3 comm. parcels. C-10-195 proposes a gated planned unit development with
private streets and modified property development standards, lot area, lot dimensions, lot coverage,
and building setbacks.
Water Service
The nearest water mains to serve the proposed project are an 8-inch main located in West Fir Avenue
and an 8-inch main located in North Lead Avenue. The following water improvements shall be
required prior to providing City water service to the project:
1. Separate water services with meters shall be provided to each lot created.
2. Dedicate the proposed street outlots for public utility purposes.
3. 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.
4. 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.
5. The City of Fresno Urban Water Management Plan (UWMP) identifies a water allocation of up
to 76.58 of/yr for the project site based upon the planned land use designated in the 2025
General Plan. With approval of A-10-009 and R-10-007, the proposed project has the
potential to increase the water demand for the project site to 109.47 of/yr. (UWMP, Table 6-4,
2008). Any increase in water demand, greater than the adopted allocation, resulting from the
proposed development, will be required to be offset or mitigated in a manner acceptable to the
Department of Public Utilities.
6. 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.
7. 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.
8. 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.
9. 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.
10.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).
City of
cncau-4vIL
rn=�.V ,g,`
DEPARTMENT OF PUBLIC UTILITIES
November 16, 2010
TO: Will Tackett, Planner III
Development Department, Planning Division
THROUGH: Robert Weakley, Chief of Operatio
Department of Public Utilities, Solid WWaste Division
FROM: WDepartment
Chris Weibert, Management Analyst II
of Public Utilities, Administration
SUBJECT: TT 5983/UGM, A-10-009, R-10-007 & C-10-195, Solid Waste Conditions of Approval
Location: North side of West Herndon Avenue between North Valentine and North Marks
Avenues (APN 500-191-395)
The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting
Tentative Tract Map 5983/UGM, Plan Amendment A-10-009, Rezone R-10-007, and Conditional Use
Permit C-10-195 that was submitted by Dirk Poeschel Land Development Services, Inc., on behalf of
Jeffrey B. Harris of Wilson Homes. The following requirements and conditions are to be placed on this
vesting tentative tract map as a condition of approval by the Department of Public Utilities.
General Requirements:
• Solid Waste requirements for Commercial Lots 1, 2, and 3 shall be addressed upon the submittal
of future applications.
• Tract 5983 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
Page I of 2
Conditions of Approval TT5983,A-10-009,R-10-007,&C-10-195.doex
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.
Special Conditions:
Developer shall provide a minimum 18' of clearance at all entrance and exit gates for solid waste
vehicles.
Covenant Requirements:
Those lots that are part of a dead-end street, or a street that the solid waste vehicle can only access one-
way, shall place their containers at another location on the solid waste service day by 5:30 a.m.:
Lots 4 & 5 shall place their containers on the north side of Lot 112
Lots 77 & 78 shall place their containers on the west side of Lot 75
Lots 51 & 52 shall place their containers on the north side of Lot 60
Lots 152 through 157 shall place their containers on the north side of Lots 133 & 141
Lots 142 through 145 shall place their containers on the east side of Lots 138 through 141
Lots 119 through 122 shall place their containers on the south side of Lots 127 & 128
• Lots 158 through 162 shall place their containers on the north side of Lots 123 & 132
Page 2 of 2
Conditions of Approval TT5983,A-10-009,R-10-007,&C-1 0-1 95.docx
t
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FIRE DEPARTMENT
Date: November 3, 2010
To: WILL TACKETT, Planner II
Planning and Development Department , Advance Planning
4d_
From: MIKE SCHMIDT, Supervising Fire Prevention Inspector
Fire Department, Fire Prevention& Investigative Services
Subject: T-5983-UGM, A-10-009, R-10-007 & C-10-195 were filed by Dirk Poeschel Land
Development Services, Inc., on behalf of Jeffrey B. Harris of Wilson Homes, and
pertains to approx. 20.14 acres of vacant property located on the north side of W.
Herndon Ave. between N. Valentine and N. Marks Avenues; the property is bisected
east to west by W. Fir Ave-43251 West it v nueAPN 500-191-395. A-10-009
proposes to amend the 2025 Fr-es-n—o-G-e-n-er-a-rPla—n,-13ullard Community Plan, and Sierra
Sky Park Land Use Policy Plan for approx. 3.58 acres of property from the comm.
office planned land use designation to the community comm. land use designation and
approx. 7.65 acres of property from comm. office planned land use designation to the
med.-high density res. land use designation. R-10-007 proposes to reclassify approx.
3.58 acres of property located on the west portion of the property south of W. Fir Ave.
from C-P-EA-UGM, Administrative and Professional Office-Expressway Area
Overlay-UGM, to C-1-EA-UGM,Neigh. Shopping Center-Expressway Area Overlay-
UGM, zone district; and reclassify approx. 7.65 acres of property located south of W.
Fir Ave. from C-P-EA-UGM, Administrative and Professional Office-Expressway
Area Overlay-UGM, to R-2-EA-UGM, Low Density Multi-Family Res.-Expressway
Area Overlay-UGM, zone district. T-5983-UGM proposes to subdivide approx. 20.14
acres of property into a planned unit development of 163 single family res. lots and 3
comm. parcels. C-10-195 proposes a gated planned unit development with private
streets and modified property development standards, lot area, lot dimensions, lot
coverage, and building setbacks.
Hydrants
Private hydrants must be installed. Hydrant locations shall be coordinated so that they are NOT
positioned in the outside sweep of any turn radius.
With rolled curbs, all fire hydrants shall be provided with approved protective bollards.
Note on plan: 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
Note on plan: Two means of ingress/egress must be provided. This access must be maintained
during all phases of development.
Note on plan: All construction work on this project is subject to interruption if the road system
becomes impassable for fire apparatus due to rain or other obstacles. All required fire access
lanes shall be provided and maintained with an approved 'all weather' surface capable of
supporting 80,000 lb.
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.
Provide approved turn radius at "Emergency Only Access" gate for north complex and at
the inside throat of the main entrance for the south complex (at the median island).
Provide details of the proposed `roundabout' between the entrances of the two complexes.
Confirm that the turn radius (44' centerline) around the `roundabout' is provided to allow
fire apparatus to make left hand turns into both complexes.
All gates on common access drives shall be equipped with approved Police/Fire bypass lock
(BEST LOCK: Cylinder lock 1 W7B2) and "Click to Enter"system. Gates/fences shall not
obstruct the minimum width required for fire lanes.
Electric gates shall be provided with battery backup.
Provide approved visual recognition feature/sign at the "Click to Enter" gate locations.
Street furniture locations shall be coordinated so that they are NOT positioned in the outside
sweep of any turn radius.
y Provide CC&Rs for annual fire inspection fees for maintenance of access and parking
restrictions requirements.
Emerp-ency Access Only Roadways
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).
The "Emergency Only Access" drive access gates shall have a clear open width of 20' minimum.
All gates on the "emergency access roadway" shall be fitted with a Police/Fire bypass lock
(BEST LOCK: Cylinder lock 1 W7B2) and "Click to Enter"system. Gates/fences shall not
obstruct the minimum width required for fire lanes.
Electric gates shall be provided with battery backup.
Provide approved visual recognition feature/sign at the "Click to Enter" gate locations.
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.45
NOTICE OF REQUIREMENTS
Page I of 4
PUBLIC AGENCY DEVELOPER
WILL TACKETT JEFFREY B.HARRIS/WILSON HOMES on
PLANNING AND DEVELOPMENT DEPARTMENT 7550 N.PALM AVE.,SUITE 102
CITY OF FRESNO FRESNO,CA 93711
2600 FRESNO STREET,ROOM 3043
FRESNO,CA 93721-3604
PROJECT NO: 5983 M4
ADDRESS: 3251 W.FIR AVE.
APN: 500-191-39S SENT:
Drainage Area(s) Preliminary Fee(s)
AB t �j" $66,877.00 0
AB $32,411.00
AC DEC 10
2010 $1,530.00
DEVELOPMENT DEPARTMENT TOTAL FEE:$100,818.00 z
CITY OF FRESNO O
The proposed development will generate storm runoff which produces potentially significant environmental impacts and which 0
must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental
Policy Act.The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood
Control Master Plan.Compliance with and implementation of this Master Plan by this development project will satisfy the
drainage related CEQA/NEPA impact of the project mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at co
the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD
project engineer prior to approval of the final map for the fee.
Considerations which may affect the fee obligation(s)or the timing or form of fee payment:
a.) Fees related to undeveloped or phased portions of the project may be deferrable.
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.
The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee
d') 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.
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
Approval of this development shall be conditioned upon compliance with these District Requirements.
1. a. Drainage from the site shall BE DIRECTED TO
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1
The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and
C. Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities
located within the development or necessitated by any off-site improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as"Master Plan Facilities
X to be constructed by Developer".
None required.
3. The following final improvement plans shall be submitted to the District for review prior to final
development approval:
X Grading Plan
X Street Plan Z
X Storm Drain Plan O
X Water&Sewer Plan 11
X Final Map /A
Other to
None Required co
4. Availability of drainage facilities:
Permanent drainage service is available provided the developer can verify to the satisfaction of the City
a' that runoff can be safely conveyed to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service.
C. Permanent drainage service will not be available. The District recommends temporary facilities until
permanent service is available.TEMPORARY SERVICE IS AVAILABLE THROUGH
X d. See Exhibit No.2.
5. The proposed development:
Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate
Maps available to the District,necessitating appropriate floodplain management action.(See attached
Floodplain Policy.)
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 MM
Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the
discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards.
These requirements apply both to pollutants generated during construction,and to those which may be generated by
operations at the development after construction.
a. State General Permit for Storm Water Discharges Associated with Construction Activities,approved
August 1999,(modified December 2002) A State General Construction Permit is required for all clearing,
grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one
acre\if part of a larger common plan of development or sale). Permittees are required to:submit a Notice
of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State
Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water
discharges,conduct routine site inspections,train employees in permit compliance,and complete an
annual certification of compliance.
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April, 1997
(available at the District Office). A State General Industrial Permit is required for specific types of
industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The
following categories of industries are generally required to secure an industrial permit:manufacturing;
trucking;recycling;and waste and hazardous waste management. Specific exemptions exist for
manufacturing activities which occur entirely indoors. Permittees are required to:submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and O
implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine
site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant
indicators,and annually submit a report to the State Board.
c. The proposed development is encouraged to select and implement storm water quality controls
recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction
Guidelines(available at the District Office)to meet the requirements of the State General Permits,
eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible
minimize contact with materials which may contaminate storm water runoff.
8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District
within ten days of the date of this Notice of Requirements.
9. The District reserves the right to modify,reduce or add to these requirements,or revise fees,as necessary to
accommodate changes made in the proposed development by the developer or requirements made by other agencies.
10. X See Exhibit No.2 for additional comments,recommendations and requirements.
Gerald E.Lakeman Gary ChapnQ
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 LAND DEVELOPMENT SERVICES,INC.
923 VAN NESS AVE.,SUITE 200
FRESNO,CA 93721
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00
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
NOTE:
THIS DRAWING IS SCHEMATIC,
DISTANCES ARE APPROXIMATE.
SPRUCE
18"
>
------------SII
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wf� I I
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f FIR AVE.
I I II I
I
EXIST. 15' STORM DRAIN EASEMENT I Y
I I �
q SEE DETAIL ABOVE
I I
kL — — — — — — --=lir--- '36
HERNDON AVE. `
1 �
LEGEND
MASTER PLAN FACILITIES TO BE CONSTRUCTED BY
DEVELOPER — INLET & LATERAL
NON—MASTER PLAN FACILITIES TO BE CONSTRUCTED BY
9— DEVELOPER — (SIZE TO BE DETERMINED) NOT ELIGIBLE
FOR FEE CREDIT
E)--- EXISTING MASTER PLAN FACILITIES
• DRAINAGE AREA BOUNDARY SCALE I"-800'
—— ——— INLET BOUNDARY
TRACT 5983
CUP 2010-195
DRAINAGE AREA: "AB" do "AC"
EXHIBIT N0. 1
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
jM r-15 1
91EV2010
N:\Autocod\DWGS\DE%MIBR\C"CUP\2010-195.dwq
OTHER REQUIREMENTS
EXHIBIT NO. 2
The cost of construction of Master Plan facilities,excluding dedication of storm drainage easement if
any, is eligible for credit against the drainage fee of the drainage area served by the facilities. A
Development Agreement shall be executed with the District to effect such credit/reimbursement.
The developer shall pay the drainage fee prior to final map or entitlement and the District will
reimburse the developer from said fee upon completion and acceptance of the Master Plan facilities.
A minimum fifteen-foot(15')wide storm drain easement will be required whenever storm drain
facilities are located on private property. No encroachments into the easement will be permitted
including, but not limited to, foundations, roof overhangs, swimming pools, and trees.
The Storm Drainage Master Plan Facilities have already been install in this area and the drainage
system was designed to serve medium-low density residential uses. These facilities do not have
capacity to serve the proposed medium high/commercial land use. The developer shall mitigate the
impacts of the increased runoff from the proposed medium-high/commercial land use to a rate that
would be expected if developed to medium density residential. The developer may either make
improvements to the existing pipeline collection system to provide additional capacity or may use
permanent peak reducing facilities in order to eliminate adverse impacts on the existing system.
Implementation of the mitigation measures may be deferred until the time of development.
Mitigation must reduce runoff from a ten-year storm produced by a medium-high/commercial
density development,to a two-year discharge,which would be produced by the property if developed
medium-low density residential. Any mitigation must be designed such that hydraulics of the
existing system are unaffected.
No drainage will be permitted to be direct to Herndon Avenue, as a travel lane is very close to
the curb. A non-Master Plan pipeline will be required to intercept the drainage from the
proposed neighborhood commercial area as shown on Exhibit No. 1. The developer shall pay a
non-conforming facility fee for non-Master plan facilities to be maintained by the District.
Development No. Tract 5983
Page 1 of 2
engApermits\exhibit2\tract\5983(gc)
OTHER REQUIREMENTS
EXHIBIT NO.2
The developer shall provide the District a drainage report that identifies the adequacy of the
conveyance capacity of the streets within the project for major storm flows, including but not
limited to, the height of curb, elevation of finish floors and garage floors, and the set back
distance of structures to the property line (acknowledged 5 feet from face of curb to property
line shown on tentative map).
In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and
maintained such that material that may generate contaminants will be prevented from contact with
rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain
system.
The District encourages,but does not require that roof drains from non-residential development be
constructed such that they are directed onto and through a landscaped grassy swale area to filter out
pollutants from roof runoff.
Runoff from areas where industrial activities,product, or merchandise come into contact with and
may contaminate storm water must be directed through landscaped areas or otherwise treated before
discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning
of such areas by sweeping instead of washing is to be required unless such wash water can be
directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that
directly connect to the District's system will not be permitted. Loading docks,depressed areas, and
areas servicing or fueling vehicles are specifically subject to these requirements. The District's
policy governing said industrial site NPDES program requirements are available. Contact the
District's Environmental Department for further information regarding these policies related to
industrial site requirements.
Development No. Tract 5483
Page 2 of 2
engr\permits\exhibit2\tract\5983(gc)
CO U�
County of Fresno
i Department of Public Health
Edward L. Moreno, M.D., M.P.H.,Director-Health Officer
p� �a56p
FRES
October 26, 2010
999999999
L00015822
Will Tackett PE 2602
City of Fresno
Planning & Development Department
2600 Fresno Street
Fresno, CA 93721
Dear Mr. Tackett:
PROJECT NUMBER: T-5983/UGM, A-10-009, R-10-007, C-10-195
PROJECT DESCRIPTION AND LOCATION:
Plan Amendment Application No. A-10-009, Rezone Application No. R-10-007, Vesting
Tentative Map of Tract No. 5983/UGM, and Conditional Use Permit Application No. C-10-
195 were filed by Dirk Poeschel Land Development Services, Inc., on behalf of Jeffrey B. Harris
of Wilson Homes, and pertains to approximately 20.14± acres of vacant property located on the
north side of West Herndon Avenue between North Valentine and North Marks Avenues; the
property is bisected east to west by West Fir Avenue.
Plan Amendment Application No. A-10-009 proposes to amend the 2025 Fresno General
Plan, Bullard Community Plan, and Sierra Sky Park Land Use Policy Plan for 3.58± acres of
property located on the west portion of the property south of West Fir Avenue from the
commercial office planned land use designation to the community commercial land use
designation and 7.65± acres of property located south of West Fir Avenue from commercial
office planned land use designation to the medium-high density residential land use designation.
Rezone Application No. R-10-007 proposes to reclassify 3.58± acres of property located on
the west portion of the property south of West Fir Avenue from C-P/EA/UGM (Administrative
and Professional Office/Expressway Area Overlay/Urban Growth management) to C-1/EAIUGM
(Neighborhood Shopping Center/Expressway Area Overlay/Urban Growth Management) zone
district; and reclassify 7.65± acres of property located south of West Fir Avenue from C-
P/EA/UGM (Administrative and Professional Office/Expressway Area Overlay/Urban Growth
Management) to R-2/EAIUGM (Low Density Multiple Family Residential/Expressway Area
Overlay/Urban Growth Management) zone district.
Vesting Tentative Map of Tract No. 5983/UGM proposes to subdivide approximately 20.14±
acres of property into a planned unit development of 163 single family residential lots and 3
commercial parcels.
Conditional Use Permit Application No. C-10-195 proposes a gated planned unit
development with private streets and modified property development standards (lot area, lot
dimensions, lot coverage, and building setbacks).
1221 Fulton Mall/P.O.Box 11867/Fresno,California 93775/(559)445-3271 /FAX(559)445-3301
Equal Employment Opportunity•Affimiativc Action•Disabled Employer
Will Tackett
T-5983/UGM, A-10-009, R-10-007, C-10-195
October 26, 2010
Page 2 of 3
APN: 500-191-39S
Zoning: C-P/EA/UGM to C-1/EA/UGM and R-2/EA/UGN
Address: 3251 West Fir Avenue & 3208 west Herndon Avenue
Recommended Conditions of Approval:
• Construction permits for the 163-lot residential subdivision and 3 commercial parcels should
be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility.
Concurrence should be obtained from the California Regional Water Quality Control Board
(RWQCB). For more information, contact staff at (559)445-5116.
• Construction permits for the 163-lot residential subdivision and 3 commercial parcels should
be subject to assurance that the City of Fresno community water system has the capacity
and quality to serve this project. Concurrence should be obtained from the State
Department of Health Services, Division of Drinking Water and Environmental Management
(DDWEM). For more information call (559)447-3300.
• The Fresno County Department of Public Health is concerned that abandoned water wells
are not being properly destroyed, particularly with respect to new development projects. As
city boundaries expand, community services are provided to areas originally served only by
individual domestic and agricultural wells. Improper abandonment of such wells presents a
significant risk of contaminating the city's community water supply. For this reason, when
development occurs, it is extremely important to ensure the safe and proper destruction of
all abandoned water wells.
Prior to destruction of any existing agricultural well(s), a sample of the upper most Fluid in the
well column should be sampled for lubricating oil. The presence of oil staining around the
well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil
be found in the well, the oil should be removed from the well prior to placement of fill
material for destruction. The "oily water" removed from the well must be handled in
accordance with federal, state and local government requirements. Transportation of these
materials on public roadways may require special permits and licensure.
The Department of Public Health is available to provide consultation in cooperation with your
city in order to encourage the proper destruction of wells and safeguard our water quality.
City staff may contact Wayne Fox, Supervising Environmental Health Specialist, Water
Surveillance Program, at (559)445-3357 for more information.
• Appropriate measures should be incorporated into the project to minimize potentially
significant short-term localized noise impacts to noise sensitive receivers caused by the
operation of construction equipment. Construction specifications for the project should
require that all construction equipment be maintained according to the manufacturers'
specifications, and that noise generating construction equipment be equipped with mufflers.
In addition, consideration should be given to limiting noise-generating construction activities
to daytime hours as specified in your municipal code.
Will Tackett
T-5983/UGM, A-10-009, R-10-007, C-10-195
October 26, 2010
Page 3 of 3
• Due to the proximity of the proposed residential uses to an existing thoroughfare,
consideration should be given to conformance with the Noise Element of the City of Fresno
General Plan. A noise study should be conducted in order to identify the potential noise
impacts and offer mitigation alternatives.
REVIEWED BY:
Janet Gardner.-
R.
ardnerOirwrt.R.E.H.S., M.P.H.
Environmental Health Specialist III
(559)445-3271
A
cc: Wayne Fox, Environmental Health Division
T-5983,A-1 0-009,R-10-007,C-10-195
f
BOARD OF EDUCATION
vak-rie F.Danis..President
Mkbcllc A-Asadooda ,Clrrk
e 1 andsry Cal Johnson
t'r:nl!Mils.J.D.
Fre no Unified LatqaMoom
Iam Ryan
School District -turfy Yang..ra.A.
SUPERINTENDENT
Preparing Career Ready Graduates Mk1ae1 E.Hasson
October 14,2010
Will Tackett. Development Services(Planning
City of Fresno
Planning& Development Department
2600 Fresno Street. l l.ird floor
Fresno,CA 93721-360.1
SUBJECT: PLAN AMENIDNiF.'NS-f APPLIATION NO. A-10-009
REZONE APPLICATION R-10-007
VESTING TENTATIVE I4IAP OF TPL- CT 5983
CONDITIONAL USE PERMIT APPLICATION C-10-195
3251 W. FIR AVE.(APN 500-191-39S)
Dear Mr.Tackett,
In response to your request for rex iew and comment on Plan ;'Amendment :'application \o. A-10-009.
Rezone Application R-10-007. Vesting Tcntative 'lap of Tract 5983. and Conditional Use Permit C-
10-195,Fresno Unified School District submits the following:
Any urban residential development occurring as a result of project approval ex ill ha%a an impact on the
District's student housing capacity-. The District. through local funding. is in a position to mitigate its
shortage of classrooms to accommodate planned population growth Ibr the foreseeable future.
However, the (District reco�-2nizss 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 I, 2 wid 3 developer;,cc legislative provisions.
Any new de,.:lopment on the subject property or coni crsion of non-habitable to habitable space is
subject to development fees of 52.91 per square loot. for residential and $0.47 per ware foot for
commercial detielopment. Any new de%elopmcnt on the property will be subject to the development
fee prior to issuance of a building permit.
1. Attendance arca information: The project is presently «ithin the attendance areas of the schools
identified below.
Elementary School: Forkner
Interniediate School: Tenaya
High School: Bullard
23esisrtw*Sbw& rrmm�rx9n21-22117
Nir. Tackett. a-10-009. R-10-007. Tract :.lap No. 5983.C-10-19-5. page
2. Transportation %Sill he mailable for students attending the abo%e identified elementary.
intermediate and high schools in accordance -%%ith District standards in effect at the time of
enrollment. 1 he cast of transportation is currently $41.50 per hour. The cost of providing
transportation ser-Oces'to Students from the project sill add to District transportation expenses.
3. This project could potentialh *generate 86 K-12 students which may have an impact on nearby
schools. additional transportation could be required if the assigned neighborhood schools cannot
accommodate the increased number of students.
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.
Lisa LeBlanc,Executive Director
Facilities Management and Planning
LL:hh �
City of
PUBLIC WORKS DEPARTMENT
DATE: November 16, 2010
TO: WILL TACKETT, Supervising Planner
Planning and Development Department
FROM: JOE PAFF, Senior Engineering Technician
Public Works Department
SUBJECT: CONDITIONS FOR TENTATIVE TRACT NO. 5983 AND MASTER
CONDITIONAL USE PERMIT NO. C-10-195 RELATING TO
COMMUNITY FACILITIES MAINTENANCE DISTRICT
1. The property owner shall be responsible for providing for the maintenance of certain
public improvements associated with TT5983 and C-10-195.
2. These improvements may be maintained by a City Community Facilities Maintenance
District pending final approval of the City Council.
3. Should the City Council or the property owner choose not to include the maintenance
of these items in a CFD, the property owner shall provide for the maintenance of all of the
items in a manner approved by the City of Fresno City Engineer.
Improvements eligible for Maintenance District:
A. The property owner shall be responsible for providing for the maintenance of all
trail; landscaping, hardscaping and barrier fencing located in Outlot V and along
Herndon Ave adjacent to Lot 1 of the project.
B. The property owner shall be responsible for providing for the maintenance of all
median island and roundabout landscaping and hardscaping within Fir, Herndon
and Prospect Avenue adjacent to the project.
C. The property owner shall be responsible for providing for the maintenance of the
curbs and gutters, curbing, valley gutters, sidewalks, street lights and street
signage within the :street rights-of-way of Prospect, Fir and Lead Avenues within
and adjacent to this project.
4. Maintenance of the any landscaping, hardscaping or any other features located within
or adjacent to this project and not listed above shall be the responsibility of the property
owner(s) and is NOT eligible for inclusion in a City maintenance district.
5. Provide the following information on the tentative tract map and /or complete the
following prior to Planning Commission:
a. The portions of outlots F, G, J and Y that front a public street shall be changed to
Public Easements.
b. Outlots H and X shall be changed from outlots to Public Easements.
6. Street trees in local street ROW adjacent to the residential areas shall be the
responsibility of the respective homeowners associations and are not eligible for inclusion
in a City maintenance district.
7. Street trees iin local street ROW adjacent to the commercial parcels shall be the
responsibility of the property owners and are not eligible for inclusion in a City
maintenance district.
8. All features to be placed into a City maintenance district must have construction plans
approved by the City of Fresno Department Public Works.
9. Any changes to the map or special permit shall require review and possible revision of
these conditions by the City of Fresno Department Public Works.
If you have any questions, please call Joe Paff at 621-8695.