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HomeMy WebLinkAboutT-6000 - Report - 10/3/2012 City of CM 4\I/� rn �§ REPORT TO THE CITY COUNCIL AGENDA ITEM NO. ' COUNCIL MEETING 07/19/12 July 19, 2012 APPROVED BY oe DEPART DIRECTOR FROM: PATRICK N. WIEMILLER, Director Public Works Department CITY MANA BY: SCOTT L. MOZIER, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division JONATHAN BARTEL, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT: CONSIDERATION OF THE FINAL MAP OF TRACT NO. 6000 LOCATED ON THE SOUTH SIDE OF EAST NEES AVENUE BETWEEN NORTH CHESTNUT AVENUE AND NORTH WILLOW AVENUE AND ACCEPTING THE DEDICATED PUBLIC USES OFFERED THEREIN AND TO AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE, DIRECTOR OF PUBLIC UTILITIES OR HIS DESIGNEE AND THE DEVELOPMENT AND RESOURCE MANAGEMENT DIRECTOR OR HIS DESIGNEE TO EXECUTE THE SUBDIVISION AGREEMENT AND COVENANTS ON BEHALF OF THE CITY ADOPT A RESOLUTION APPROVING THE FINAL MAP OF TRACT NO. 6000 AND ACCEPTING THE DEDICATED PUBLIC USES OFFERED THEREIN; AND TO AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO EXECUTE THE SUBDIVISION AGREEMENT AND THE COVENANT FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS UNDER CFD-11 ON BEHALF OF THE CITY, AUTHORIZE THE DIRECTOR OF PUBLIC UTILITIES OR HIS DESIGNEE TO EXECUTE THE COVENANT FOR SPECIAL SOLID WASTE DISPOSAL SERVICES ON BEHALF OF THE CITY AND TO AUTHORIZE THE DEVELOPMENT AND RESOURCE MANAGEMENT DIRECTOR OR HIS DESIGNEE TO EXECUTE THE COVENANT DEFERRING ELIGIBLE DEVELOPMENT IMPACT FEES TO THE TIME OF BUILDING PERMIT AND OCCUPANCY ON BEHALF OF THE CITY (LOCATED IN COUNCIL DISTRICT NO. 6) RECOMMENDATION Staff recommends the City Council take the following action: Adopt a resolution approving the Final Map of Tract No. 6000 and accepting the dedicated public uses offered therein; and to authorize the Public Works Director or his designee to execute the subdivision agreement and the covenant for the maintenance of certain improvements under CFD-11 on behalf of the City, authorize the Director of Public Utilities or his designee to execute the covenant for special solid waste disposal services on behalf of the City and to authorize the Development and Resource Management Director or his designee to execute the covenant deferring eligible development impact fees to the time of building permit and occupancy on behalf of the City. REPORT TO THE CITY COUNCIL Adopt Resolution Approving Final Map of Tract No. 6000 July 19, 2012 Page 2 EXECUTIVE SUMMARY The Subdivider, De Young Willow & Nees, L.P., a California Limited Partnership, by Team 5 Properties, Inc., a California Corporation, its sole General Partner (Jerry A. De Young, President), has filed for approval, the Final Map of Tract No. 6000 for a 37-lot single-family residential public street development subdivision located on the South side of East Nees Avenue between North Chestnut and North Willow Avenues on 9.33 net acres at an overall density of 3.97 units per acre. The Final Map is technically correct and conforms to the approved Vesting Tentative Map No. 6000 dated November 2, 2011 and approved revisions thereto ("Tentative Map"), the Subdivision Map Act and the Fresno Municipal Code. The Subdivider has signed the subdivision agreement and covenants and has posted all required performance securities, insurance certificates and paid all fees now due to satisfy the conditions of approval of the Tentative Map. The City Attorney's Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. BACKGROUND The Fresno City Planning Commission on November 2, 2011 adopted Resolution No. 13130 approving Vesting Tentative Map No. 6000 (Tentative Map) for a 37-lot single-family residential public street development subdivision on 9.33 net acres at an overall density of 3.97 units per acre. Attached is the Fresno City Planning Commission report which provides the project details, staff analysis, environmental findings and consistency findings for Vesting Tentative Map No. 6000 with the 2025 General Plan and the Woodward Park Community Plan to comply with the provisions of the Subdivision Map Act. The approval of Vesting Tentative Map No. 6000 will expire on November 2, 2013. The Final Map has been reviewed and deemed to be technically correct. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No. 6000, submitted securities in the total amount of $740,000 to guarantee the completion and acceptance of the public improvements and $370,000 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of$166,889.02. Covenants have been executed to defer eligible development impact fees totaling $539,221.58 to the time of issuance of building permit and final occupancy of each unit, for annual CFD-11 assessment notification, and for special solid waste disposal services. MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain the landscaping and irrigation systems within street rights-of-way (median and parkways), landscaping easements and local street entrance medians, median island hardscape, concrete curbs, gutters, sidewalks, valley gutters, entrance median curbs and curb ramps, street signage and street lighting, and local street pavement within and adjacent to the Final Map in accordance with the adopted standards of the City. The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City's Community Facility District No. 11 (CFD- 11) on June 21, 2012. The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the Subdivision Agreement, is required to provide every prospective purchaser of each lot of the subdivision the "Notice of Special Tax", in accordance with the provision of Section 53341.5 of the California Government REPORT TO THE CITY COUNCIL Adopt Resolution Approving Final Map of Tract No. 6000 July 19, 2012 Page 3 Code. The maximum annual assessment is $514.36 per lot with an annual 3% adjustment plus the increase, if any, in the construction cost index for the San Francisco Region. FISCAL IMPACT There will be no impact to the City's General Fund. Affirmative action by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider. Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the city a fee for the processing of this Final Map and that fee is, in turn, funding the respective operations of the Public Works Department. Attachments: Resolution Approving the Final Map of Tract No.6000 and Accepting the Dedicated Public Uses Therein Final Map of Tract No.6000 Report to the Planning Commission—Consideration of Vesting Tentative Map No.6000 and Related Environmental Finding for Environmental Assessment No.T-6000 This page intentionally left blank. Cfty Cr RES %1Z REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIIIA. COMMISMEETING 11/02/11 ION November 02, 2011 N FROM: KEVIN FABINO, Planning Manager l �'����"� Development & Resource Management Department AR ENT DIRF$rOR THROUGH: MIKE SANCHEZ, Planning Manage &J Development Services Division BY: WILL,TACKETT, Planner III Development Services Division 5r SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-11-013, VESTING TENTATIVE TRACT MAP NO. 60001UGM; AND, RELATED ENVIRONMENTAL ASSESSMENT NO. R-11-0131T-6000. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. APPROVE Environmental Assessment No. R-11-013/T-6000 recommending that the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MSIR) No. 10130 and the Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (Air Quality MND) dated September 30, 2011, be adopted for Rezone Application No. R-11-013 and Vesting Tentative Tract Map No. 60001UGM. 2. APPROVE Vesting Tentative Tract Map No. 6000/UGM proposing to subdivide an approximately 9.33 acre portion of the overall 34.58 acres of property to be rezoned for the purposes of creating a 37-lot conventional single family residential public street development at a density of approximately 3.97 dwelling units per acre. The proposed project will also involve installation and construction of public facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. 3. RECOMMEND APPROVAL (to the City Council) of Environmental Assessment No. R-11-0131T-6000 recommending that the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 and the Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (Air Quality MND) dated September 30, 2011, be adopted for Rezone Application No. R-11-013 and Vesting Tentative Tract Map No. 6000/UGM. 4, RECOMMEND APPROVAL (to the City Council) of Rezone Application No. R-11-013 requesting authorization to rezone approximately 34.58 acres of property from the AL-20 (Limited 20-Acre Agricultural[Fresno County]) zone district to the R-11UGM (Single Family Residential/Urban Growth Management) zone district. The overall 34.58 acres of property is proposed to be detached from the Fresno County Fire Protection District and the Kings River Conservation District and annexed to the City of Fresno; these actions are under the jurisdiction of the Fresno Local Agency Formation Commission. EXECUTIVE SUMMARY Quad Knopf, Inc., on behalf of De Young Properties, has filed Rezone Application No. R-11-013 pertaining to approximately 34.58 acres of property located on the south side of East Nees Avenue between North Chestnut and North Willow Avenues. Vesting Tentative Tract Map No. T-60001UGM has also been filed pertaining to an approximately 9.33 net acre portion (hereinafter referred to as the "subject property")of the overall 34.58 acres of property proposed to be rezoned. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-11-013 Vesting Tentative Tract Map No.6000/UGM November 02, 2011 Page 2 Rezone Application No. R-11-13 requests authorization to rezone the overall 34.58 acres of property from the AL-20 (Limited 20-Acre Agricultural [Fresno County]) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district. The overall 34.58 acres of property is also proposed to be detached from the Fresno County Fire Protection District and the Kings River Conservation District and annexed to the City of Fresno; these actions are under the jurisdiction of the Fresno Local Agency Formation Commission. Vesting Tentative Tract Map No. 6000/UGM requests authorization to subdivide the approximately 9.33 net acre portion of the overall 34.58 acres of property for the purposes of creating a 37-lot single family residential public street development at a density of approximately 3.97 dwelling units per acre. The subject property is located within the boundaries of the 2025 Fresno General Pian and Woodward Park Community Plan, which designate the subject property for Medium-Low Density Residential (2.19- 6.00 dwelling units/acre) planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the proposed R-1 (Single Family Residential) zone district may be found to be consistent with the Medium-Low Density Residential planned land use designation for the subject property. The proposed rezoning and subdivision of property in accordance with Rezone Application No. R-11-013 and Vesting Tentative Tract Map No. 60001UGM would bring the subject property into conformance with the 2025 Fresno General Plan and Woodward Park Community Plan. PROJECT INFORMATION PROSECT Rezone Application No. R-11-13 requests authorization to rezone an overall 34.58 acres of property from the AL-20 (Limited 20 Acre Agricultural [Fresno Countyp zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The overall 34.58 acres of property is also proposed to be detached from the Fresno County Fire Protection District and the Kings River Conservation District and annexed to the City of Fresno; these actions are under the jurisdiction of the Fresno Local Agency Formation Commission. Vesting Tentative Tract Map No. 6000/UGM requests authorization to subdivide an approximately 9.33 net acre portion of the overall 34.58 acres of property for the purposes of creating a 37-lot single family residential public street development at a density of approximately 3.97 dwelling units per acre. APPLICANT Quad Knopf, Inc., on behalf of, De Young Properties, property owner/subdivider LOCATION South side of East Nees Avenue between North Chestnut and North Willow Avenues. (Council District 6, Councilmember Brand) REPORT TO THE PLANNING COMMISSION Rezone Application No. R-11-013 Vesting Tentative Tract Map No. 60001UGM November 02, 2011 Page 3 SITE SIZE Approximately 34.58 acres of property to be rezoned and annexed to the City of Fresno; and, approximately 9.33 net acres to be subdivided. PLANNED LAND USE Existing & Proposed - Medium- Low Density Residential (2.19-6.00 du/acre) ZONING Existing - AL-20 (Limited 20-Acre Agricultural[Fresno County]) Proposed - R-1/UGM (Single Family Residential District//Urban Growth Management) PLAN DESIGNATION Pursuant to Table 2 (Planned Land Use and Zone District Consistency AND CONSISTENCY Matrix) of the 2025 Fresno General Plan the proposed R-1 zone district classification for the subject property and the proposed density of approximately 3.97 du/acre may be found consistent with the existing Medium-Low Density Residential (2.19-6.00 dulacre) planned land use designation for the subject property. ENVIRONMENTAL Finding of Conformity to Master Environmental Impact Report (MSIR) FINDING No. 10130 for the 2025 Fresno General Plan (SCH#2001071097) and the Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH#2009051016)(Air Quality MND) STAFF Recommend the Planning Commission: (1) Recommend approval to the RECOMMENDATION City Council of the Finding of Conformity prepared for Environmental Assessment No. R-11-0131T-6000; (2) Recommend approval to the City Council of Rezone Application No. R-11-013; and, (3) Approve Vesting Tentative Tract Map No. 6000. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North R-11UGM & R-2iUGM Single Family Residential&Low Density Medium-Low&Medium-High Multiple Family Residential District/Urban Rural, Single Family, Multiple Density Residential Growth Management Family Residential Community Commercial C-21UGMIcz Commercial Shopping Center Community Shopping Center District/ Urban Growth Management/with conditions of zoning East AL-20 Medium-Low Density Rural Residential Residential Limited 20-Acre Agricultural District(Fresno County) REPORT TO THE PLANNING COMMISSION Rezone Application No. R-11-013 Vesting Tentative Tract Map No. 60001UGM November 02, 2011 Page 4 South R-11UGM Medium-Low Density Residential Single Family Residential District Urban Single Family Residential Growth Management West R-11LIGM Medium-Low Density Residential Single Family Residential District Urban Single Family Residential Growth Management ENVIRONMENTAL FINDING Development and Resource Management Department staff have prepared an initial study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan, the related Master Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097), and Mitigated Negative Declaration (MND) No. A-09-02 (SCH # 2009051016). The subject property has been proposed to be developed at an intensity and scale that is permitted by the Medium-Low Density Residential (2.19-6.00 Dwelling Units/Acre) planned land use designation and proposed R-11UGM (Single Family Residential/Urban Growth Management) zone district classification for the subject site. Thus, the proposed rezoning and annexation of property and the development and subdivision of the subject property in accordance with Vesting Tentative Tract Map No. 6000 will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property and its surrounding area. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. If has been further determined that all applicable mitigation measures of MEIR No. 10130 and MND No. A-09-02 have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 and MND No. A-09-02 as provided by CEQA Section 15177(b)(3). Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to the specific project proposal, the environmental impacts noted in the MEIR, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the Medium-Low Density Residential (2.19-6.00 Dwelling Units/Acre) planned land use designation specified for the subject property and the surrounding area. Based on the initial study prepared, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND No. A-09-02 (as indicated on the attached Environmental Assessment Checklist) for the reasons discussed within the environmental assessment for the subject project; and, (3) No new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND. Therefore, the project proposal has been determined to be within the scope of the MEIR and MND as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of REPORT TO THE PLANNING COMMISSION Rezone Application No. R-11-013 Vesting Tentative Tract Map No. 60001UGM November 02, 2011 Page 5 Conformity to MEIR No. 10130 dated September 30, 2011, with no comments received to date. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the MND adopted; and, that no new information, which was not know and could not have been known at the time that the MEIR was certified as complete or the MND was adopted, has become available. BACKGROUND 1 ANALYSIS Quad Knopf, Inc., on behalf of De Young Properties, has filed Rezone Application No. R-11-013 pertaining to approximately 34.58 acres of property located on the south side of East Nees Avenue between North Chestnut and North Willow Avenues. Vesting Tentative Tract Map No. T-6000/UGM has also been filed pertaining to an approximately 9.33 net acre portion (hereinafter referred to as the "subject property)of the overall 34.58 acres of property proposed to be rezoned. Rezone Application No. R-11-13 requests authorization to rezone the overall 34.58 acres of property from the AL-20 (Limited 20-Acre Agricultural [Fresno County]) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district. The overall 34.58 acres of property is also proposed to be detached from the Fresno County Fire Protection District and the Kings River Conservation District and annexed to the City of Fresno; these actions are under the jurisdiction of the Fresno Local Agency Formation Commission. Vesting Tentative Tract Map No. 6000/UGM requests authorization to subdivide the approximately 9.33 net acre portion of the overall 34.58 acres of property for the purposes of creating a 37-lot single family residential public street development at a density of approximately 3.97 dwelling units per acre. A single family residence and several accessory structures, which are currently located on the approximately 9.33 acre portion of property, are proposed to be demolished in order to clear the site for future development. The proposed project will also involve installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. The subject property is located within the boundaries of the 2025 Fresno General Plan and Woodward Park Community Plan, which designate the subject property for Medium-Low Density Residential (2.19- 6.00 dwelling units/acre) planned land uses. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan, the proposed R-1 (Single Family Residential) zone district may be found to be consistent with the Medium-Low Density Residential planned land use designation for the subject property. The site is located within an area, which is planned for and has been substantially developed with urban uses. The subject property has been developed with a single family residence and several accessory structures. Properties immediately adjacent to the subject property have remained within a small node of single family residences originally developed at rural densities. A church has been developed to the west and its grounds extend easterly, along the south boundary of the subject property. A shopping center has been developed on the north side of East Nees Avenue across from the subject property and the surrounding area is predominantly developed with residential and commercial uses. Streets and Access Points The subject property is located on the south side of East Nees Avenue between North Chestnut and REPORT TO THE PLANNING COMMISSION Rezone Application No. R-11-013 Vesting Tentative Tract Map No.60001UGM November 02, 2011 Page 6 North Willow Avenues. The adjacent segment of East Nees Avenue is designated as an arterial street. A portion of the project is the subdivision of approximately 9.33 acres of property for a single family residential development which will require dedications for major (East Nees Avenue) and interior local public street purposes. The project will be required to construct all frontage improvements to City Standards. This subdivision proposes two major street access point from East Nees Avenue. The interior local public streets have been proposed to be dedicated in accordance with the Department of Public Works' standard 50-foot right-of-way residential street geometric standard, which utilizes a 36-foot wide street section with parking and monolithic sidewalks on both sides of the street. Applying the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual, the proposed project is projected to generate 28 vehicle trips during the morning peak hour travel period (7 to 9 a.m.) and 38 vehicle trips during the evening peak hour travel period (4 to 6 p.m.). The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the vesting tentative tract map application and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated October 11, 2011. These requirements generally include: (1) Street dedications and improvements, (including, but not limited to, construction of concrete curbs, gutters, and sidewalks, permanent pavement, and underground street lighting systems; and, (2) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and Regional Transportation Mitigation (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 has determined that adequate sanitary sewer and water services are available to serve the project subject to the extension of public sewer mains into the tract and the construction of public sewer facilities; and, the construction and installation of public water facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies. The proposed subdivision is required to provide two independent sources of water, meeting Federal and State Drinking Water Act Standards and any on-site wells are required to be abandoned in compliance with the State of California Well, California Department of Water Quality and City of Fresno Standards. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental impact Report No. 10130 and the Water Resources Management Plan will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. The City of Fresno Fire Department has conditioned the proposed project with requirements for installation of fire hydrants and the provision of adequate fire flows per Public Works Standards, with two sources water. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-11-013 Vesting Tentative Tract Map No. 60001UGM November 02, 2011 Page 7 The Fresno Metropolitan Flood Control District(FMFCD) has indicated that drainage service is available for the development subject to the developer providing a drainage channel constructing storm drains and non-master plan facilities in order to accommodate retention of existing drainage patterns of the subject and adjacent properties. District Fees are also due for the subject property. Amendments or modifications to the FMFCD requirements will be required to be approved by the FMFCD Board of Directors, pursuant to Section 13-1347 of the Fresno Municipal Code, prior to approval of the final map. Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 65400 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). I. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 Fresno General Plan and Woodward Park Community Plan. Pursuant to Table 2 (Planned Land Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and Chapter 12, Article 10 (Subdivision Ordinance) of the FMC, the subdivision design meets the zoning ordinance criteria for development in the Medium-Low Density Residential planned land use and R-1(Single Family Residential)zone district designations. 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 predominantly developed with urban uses. The subject property remains primarily fallow without trees, vegetation, or irrigation to sustain and attract wildlife; or, provide a suitable habitat to species other than vermin. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems because the conditions of approval have shown and will ensure that the subdivision conforms to city health and safety standards, specifications, and policies. 5. The proposed subdivision design will not conflict with public easements within or through the site, because the project design and conditions of approval will assure noninterference with any existing or proposed easements on the subject property. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots, which will permit alignment of structures in an east-west direction for southern exposure. Furthermore, the design of the subdivision to provide for future passive and natural cooling opportunities will not REPORT TO THE PLANNING COMMISSION Rezone Application No. R-11-013 Vesting Tentative Tract Map No.6000/UGM November 02, 2011 Page 8 result in reducing allowable densities or the percentages of lots, which may be occupied by building and/or structures. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information 'submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Conclusion Action by the Planning Commission regarding Environmental Assessment No. R-11-0131T-6000 and Rezone Application No. R-11-013 is a recommendation to the City Council. Planning Commission action related to Vesting Tentative Tract Map No. 6000/UGM is final unless appealed in accordance with Section 12-1019 of the FMC. The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Woodward Park Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Rezone Application No. R-11-013 and Vesting Tentative Tract Map No. 6000/UGM are appropriate for the subject and adjacent properties. Attachments: Vicinity Map 2011 Aerial Photograph Public Hearing Notice Mailing List Vicinity Map 2025 Fresno General Plan Planned Land Use Map Exhibit"A"for Rezone Application No. R-11-013 Vesting Tentative Tract Map No. 60001UGM Conditions of Approval for Vesting Tentative Tract Map No. 6000/UGM dated November 02, 2011 Associated memoranda from responsible or comment agencies respective to Conditions of Approval for Vesting Tentative Tract Map 6000/UGM. Environmental Assessment No. R-11-0131T-6000, Finding of Conformity, dated September 30, 2011. •h • - 1 ,111 �,.,`'y ��r�s-•h ?�"�,>�-��i _��i� ���s r �f 7�t � � �,A �L I � �, �,,,I�� .�a;s � �rm�. 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I 1 1� ®l "c I I y— ---�-- +----------- — +J Imo_ 'I -- -- ---- ----- -- --- Ili I � - III qs 9I A j i I L__ ISI x I ell m CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEMBER 02, 2011 VESTING TENTATIVE TRACT MAP NO. 60001UGM SOUTH SIDE OF EAST NEES AVENUE BETWEEN NORTH CHESTNUT AND NORTH WILLOW AVENUES 1 0 .i-.l 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. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun (please see section related to Development Fees and Charges included herein below for further information). URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) The subdivider of property located within the Urban Growth Management (UGM) boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the UGM 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. 6000/UGM, the subdivider may prepare a Final Map in accordance with the approved tentative map. 2. The developer/owner small pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 3. Submit grading plans and a soils report to the City of Fresno Development and Resource Management Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 4. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Development and Vesting Tentative Tract Map No. T-6000/UGM November 02, 2011 Page 2 of 10 Resource Management Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 5. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 6. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 8. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 9. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 10. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. GENERAL INFORMATION 11. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own Vesting Tentative Tract Map No. T-60001UGM November 02, 2011 Page 3of10 expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. i) Attached for the subdivider/developer's use is a copy of the Mode of Delivery Agreement— New Construction Form. 12. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the FMC. 13. The subdivider may be subject to comply with Regulation VIiI of the San Joaquin Valley Air Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 14. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District as applicable for the control of fugitive dust requirements from paved and unpaved roads. 15. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 16. 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 Sheriffs 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. 17. 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. 18. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a) A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; Vesting Tentative Tract Map No.T-60001UGM November 02, 2011 Page 4 of 10 b) A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d) The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. ZONING & PROPERTY DEVELOPMENT STANDARDS 19. Subdivision and development of the subject property is contingent upon approval of Rezone Application No. R-11-013 by the Fresno City Council. a) Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the R-11UGM (Single Family Residential/Urban Growth Management)zone district. 20. The subject property shall be annexed to the City of Fresno and detached from the Fresno County Fire Protection District and the Kings River Conservation District prior to recordation of a Final Map. Fences, Hedges &Walls 21. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the FMC at the rear of the required landscaped areas along East Nees Avenue (north property line of Lots 1, 14 & 15 of Vesting Tentative Tract Map No. 60001UGM). a) Provide a corner cut-off area at all entryways and intersections, where walls or fences are required, in accordance with Section 12-306-H-3-e of the FMC. Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. b) Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Development and Resource Management Department for review prior to Final Map approval. LANDSCAPING AND OPEN SPACE 22. Pursuant to Policy 3-4.6 of the Woodward Paris Community Plan the developer/subdivider shall provide a minimum 20-foot wide landscape buffer area (and irrigation system) along the northern property line of lots with frontage along North East Vesting Tentative Tract Map No.T-6000IUGM November 02, 2011 Page 5 of 10 Nees Avenue, which is a designated arterial street (i.e., north property line of Lots 1, 14 & 16 of Vesting Tentative Tract Map No, 60001UGM). 23. 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. a) All yards and landscaped areas located adjacent to street frontage shall be provided automatic irrigation systems. b) 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. 24. Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards," shall be required adjacent to all required walls or fences that are accessible to the public and shall be maintained in accordance with the Maintenance Obligations stipulated herein below; or, in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. 25. The subdivider is required to provide street trees on all public street frontages per FMC and for the dedication of planting and buffer landscape easements as determined by the Development and Resource Management Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or, one tree per home (whichever is greater) by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, Water Efficient Landscape Standards and AB 1881 Model Water Efficient Landscape Ordinance. 26. Comply with all of the: (1) Street Tree; (2) Maintenance; and, (3) Median Island Landscape requirements stipulated within the Department of Public Works, Streets Division memorandum dated September 19, 2011, STREETS AND RIGHTS-OF-WAY 27. 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. 28. Comply with all of the requirements stipulated within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated October 11, 2011. SANITARY SEWER SERVICE The nearest sanitary sewer main to serve the proposed project is a 10-inch main located in East Nees Avenue. The following sewer conditions shall be required prior to providing City sewer service to the project: 29. Comply with all of the requirements stipulated within the attached Department of Public Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated September 22, 2011. Vesting Tentative Tract Map No. T-6000/UGM November 02, 2011 Page 6 of 10 WATER SERVICE The nearest water main to serve the proposed project is a 14-inch main located in East Nees Avenue. The following water improvements shall be required prior to providing City water service to the project: 30. Comply with all of the requirements stipulated within the attached Department of Public Utilities, Water Division memorandum dated September 21, 2011. SOLID WASTE SERVICE Solid Waste requirements for the single family residential subdivision within this tract will be serviced as Single Family Residential properties with basic container service, subject to the following conditions: 31. Comply with all of the requirements stipulated within the attached Department of Public Utilities, Solid Waste Division memorandum dated October 11, 2011. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 32. Comply with all of the requirements stipulated within the attached Fresno Fire Department memorandum dated September 20, 2011. FLOOD CONTROL AND DRAINAGE 33. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Development and Resource Management Department dated September 26, 2011. 34. A mutual easement and reciprocal use agreement (cross-drainage covenant) shall be prepared for cross-drainage purposes on all lots affected by the required storm drainage channel (i.e., proposed Lots 15-23 & 31-33 of Vesting Tentative Tract Map No. 6000/UGM). a) The mutual easement and reciprocal use agreement shall be prepared and recorded prior to, or concurrent with, recordation of a Final Map. i) Remit applicable fees for preparation of the required mutual easement and reciprocal use agreement to the Development and Resource Management Department prior to covenant preparation. COUNTY OF FRESNO DEPARTMENT OF PUBLIC HEALTH 35. Comply with all of the requirements stipulated within the attached County of Fresno Department of Public Health memorandum dated September 13, 2011. Vesting Tentative Tract Map No. T-60001UGM November 02, 2011 Page 7 of 10 FRESNO IRRIGATION DISTRICT 36. Attached for the subdivider's records and/or consideration is the memorandum from the Fresno Irrigation District(FID)dated October 06, 2011. RIGHT-OF-WAY ACQUISITION 37. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 38. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 39. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 40. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 41. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. MAINTENANCE OBLIGATIONS 42. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. 43. Comply with all the requirements stipulated within the attached Department of Public Works, Streets Division and Traffic and Engineering Services Division memorandums regarding Communities Facilities District and Landscape and Feature Maintenance dated October 11, 2011; and, the following: 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 (htta://www.fresno.aov) under the Public Works Department Developer Doorway. Vesting Tentative Tract Map No.T-60001UGM November 02, 2011 Page 8 of 10 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. 44. Should the City Council or owner/developer choose not to include all of the maintenance items or certain items listed above in a CFD, then the property owner/developer shall be responsible for establishing a Home Owners' Association (HOA) or other property based management mechanism which provides for the maintenance of these items in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. a) The subdivider shall establish a Home Owners' Association (or other approved mechanism) to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the FMC. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: Should the owner/developer elect to establish a HOA to perform maintenance obligations and assure that said 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 Vesting Tentative Tract Map No. T-60001UGM November 02, 2011 Page 9 of 10 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 September 01, 1994. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: FLOOD CONTROL CHARGES FEE RATE a. FMFCD Drainage Fee $32,034.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge [1] $0.101sq. ft. (to 100' depth) c. Oversize Charge [1] $0.051sq. ft. (to 100' depth) d. Trunk Sewer Charge [2] Service Area: Herndon $496.00/living unit e. Wastewater Facilities Charge [3] $2,119.001living unit f. House Branch Sewer Charge [2] NIA WATER CONNECTION CHARGES FEE RATE g. 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. h. Frontage Charge [1] $6.5011ineal foot i. Transmission Grid Main Charge [1] $643.00/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt [�] Service Charge $243.001gross acre (parcels 5 gross acres or more) k. UGM Water Supply Fee [2] $456/living unit Service Area: 101-S I. Well Head Treatment Fee [2] $O/living unit Service Area: 101 m. Recharge Fee [2] $0/living unit Service Area: 101 n. 1994 Bond Debt Service [1] $895/living unit Service Area: 101 Vesting Tentative Tract Map No. T-60001UGM November 02, 2011 Page 10 of 10 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee—Citywide [4] $539.00/living unit p. Park Facility Impact Fee—Citywide [4] $2278/living unit q. Quimby Parkland Dedication Fee [2] $1120/living unit r. Citywide Regional Street Fee [3] $8,361.001adj. acre s. New Growth Area Major Street Fee [3] $18,790.00/adj. acre t. Police Facilities Impact Fee—Citywide [4] $624.00/living unit u. Traffic Signal Charge [1] $450.94/living unit v. Street Acquisition/Construction Charge [2] NIA Notes: The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Please see the attached memorandum from the Fresno Metropolitan Flood Control District (FMFCD) for further information regarding considerations which may affect the fee obligation(s)or the timing or form of fee payment. 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 requirement to pay this fee is currently suspended by Fresno County. However, payment of this fee may be required if the fee has been reinstated at the time of issuance of building permits on the subject property.) 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. DEPARTMENT OF PUBLIC WORKS TO: Will Tackett, Planner III Planning Division FROM: Hilary Kimber, Parks Supervisor 11 (559.621.1345) Streets Division DATE: September 19, 2011 SUBJECT: Tract 6000 (APN: 404-072-33S) located on the south side of East Nees Avenue between North Chestnut and North Willow Avenues. The Department of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Sean Nathan of Quad Knopf Inc., on engineering plans dated August 2011 for DeYoung Properties. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street rights-of-ways: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS I. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage or one tree per lot whichever is greater. 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. The designated street trees for E. Nees Ave. are: Nyssa sylvatica Black Tupelo Platanus acerifolia `Columbia' Columbia Sycamore Quercus rubra Red Oak These trees may be planted as a solo species or in an alternating pattern. 2. Street Tree Planting by Developer: Tree planting shall be within an 8'-10' Public Planting and Utility Easement(please delete the Planting Easement(PLE) designation). a. Street tree inspection fees shall be collected for each 60' of public street frontage. 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 shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications 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. MAINTENANCE REQUIREMENTS 1. The subdivider shall provide long term maintenance for all proposed landscaped areas by either petitioning for annexation in a Community Facilities District or by forming a Home Owner's Association. 2. Maintenance Service Through Annexation into the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to 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. Landscape and irrigation plans shall comply with Sections 12-306-23 &24 and 14-121 of the Fresno Municipal Code; and AB 1881 regarding Water Efficient Landscaping. D. The water meter(s)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. 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 median islands within the limits of the project. There are approximately 166 linear feet of median island amenities that include curbing and stamped concrete on North Chestnut Avenue fronting this development. The developer of Tract 5997 is responsible to provide the irrigation and plant material—only for that portion of the median island directly within the limits of the project with a mow strip to delineate this portion from the rest of the median island. 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. 6ity of M�IMM -,11/� DATE: October 11, 2011 TO: Will Tackett Development and Resource Management Department THROUGH: M. Scott Tyler, PE, City Traffic Engineer Public Works Department, Traffic & Engineering Seces Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Traffic & Engineering Services Divisi SUBJECT: Public Works Conditions of Approval TT 6000, 2835 East Nees DeYoung Properties/Quad Knopf The Public Works Department, Traffic and Engineering Services Division, 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. General Conditions- 1. onditions: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. 3. Local Streets: If constructed to 42' or 50' street right of way, a 1'pedestrian easement is required on streets with driveway approaches. 4. 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. 78-522188-229. 5. 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. 6. 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 104' minimum transition is required from the proposed 60' right of way entrances to the 50' right of way streets. No parking is allowed within the limits of the proposed median. 7. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Development and Resource Management Department for review and approval: Street: construction, signing, striping, traffic signal and streetlight 8. Street widening and transitions shall also include utility relocations and necessary dedications. Frontaqe Improvement Requirements: Major Streets: Nees Avenue: Arterial 1. Dedicate 50'-53' of property, from section line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards. Page 1 of 3 TATraffic PlanningURACT MAPSWOOM6000 NEES 2835 E.doc 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to a 10' residential pattern. Construct a 6' residential sidewalk per Public Works Standard P-52. A 2' Pedestrian Easement is required. Identify on the map. 3. Construct 20' of permanent paving within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 5. Relinquish direct vehicular access rights to Nees Avenue from all lots within this subdivision. Interior Streets: Dedicate, design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standard P-56. All driveways shall be constructed to Public Works Standards P-4 and P-6. Pedestrian easements are required behind driveways with sidewalk patterns less than 10'. Specific Miti ation Requirements: This tract will generate 28 a.m./38 p.m. peak hour trips; therefore, a Traffic Impact Study (TIS) is not required. 1. Relinquish direct vehicular access rights to the north property line of lot(s) 1,14, and 15. 2. The intersection(s) of : a. Nees/Justin and Nees/Fine Avenues shall be limited to right-in and right-out turns. 3. The first order of work shall include.a Minimum of two points of vehicular access to the major streets for gny phase of this development. . 4. Provide a corner cut dedication at the southwest corner of Nees and Justin Avenues. 5. Sidewalk patterns shall be consistent. Change the street right of way from 60' to 50' along Goshen Avenue. Traffic Signal Mitigation Impact(TSMI) Fee: This project shall pay the current Traffic Signal Mitigation Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual for single family units (fee rate as shown in the Master Fee Schedule). This TSMI fee is credited against signal installation and Intelligent Transportation System (ITS) improvements (constructed at their ultimate location) anticipated to build out the 2025 General Plan circulation element and included in the Nexus Study for the TSMI fee. Project specific impacts that are not consistent with the 2025 General Plan, Public Works P69 standards, and/or already incorporated into the TSMI fees infrastructure costs are not reimbursable unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next update and the applicant agrees to pay the new calculated TSMI fee that includes the new infrastructure. Failure to pay this fee or construct improvements that are credited/reimbursable with this fee will result in a significant unmitigated impact as this fee is applied to all projects within the City Sphere of Influence. If the applicant is conditioned with improvements that are credited/reimbursable with this tee they should work with the Department of Public Works and identify with a Professional Engineers estimate the costs associated with the improvements prior to paying the TSMI fee at time of building permit. Fresno Ma'or Street Impact(FIVISO Fee This Map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide regional street impact fees. Page 2of3 TATraffic PlanningURACT MAPSMOMT-6000 NEES 2835 E.doc 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 rp for to issuance of building permits. Landscape and Feature Maintenance: 1. The long term maintenance and operating costs of all the items, within the boundary of the subdivision and remainders, listed below shall be the ultimate responsibility of the owner/developer. a. Landscaping and irrigation systems within the street right-of-ways, landscape easements, outlots and trail areas which includes one half of median islands (in Major Streets), parkways, buffers, median island entry treatments, street trees, paseos and open spaces. All outiots used for open spaces shall be dedicated to the City of Fresno in fee. b. Feature Improvements: • Major Streets: median islands, sidewalk, decorative concrete, curb, gutter, street furniture, street lights, hardscapes and special features within trails and outlots. • Local Streets: paving, median islands, sidewalk, decorative concrete, curb, gutter, valley gutter, street lights, street signs, street furniture, pilasters, hardscapes and special features within trails and outlots • Optional Features: Items not listed above shall be submitted in writing to the Public Works Department for review and approval. 2. The developer/owner shall do one or both of the following: a. Place the above items into a Community Facilities District(CFD) - An Annexation Request Package shall be submitted to the Public Works Department to be reviewed for acceptance. Any special features requested require Public Works Department approval prior to acceptance. If you have any questions contact Traffic and Engineering Services Division at (559)621-8690. —AND/OR- b. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a CFD, the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for the maintenance of such items. Contact the Development and Resource Management Department at (559)621-8277. Page 3 of 3 TATraHic PlanningURACT MAPS160001T-6000 NEES 2835 E.doc This page intentionally left blank. C�City Of MD1 C ��1�/Cr �a■:�llj6�DEPARTMENT OF PUBLIC UTILITIES (DI W Date: September 22, 2011 c� ' 1NAp Providing U116 Essential Services To: WILL TACKETT, Planner III Planning and Development From: DOUG HECKER, Supervising Engineering Technician,& Department of Public Utilities, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT 60001UGM AND REZONE APPLICATION R-11-013 General T-6000-UGM &R-11-013 were filed by Sean Nathan of Quad Knopf, Inc., on behalf of DeYoung Willow and Nees LP, and pertain to 9.54 acres of property Iocated on the south side of East Nees Avenue between North Chestnut and North Willow Avenues in Northeast Fresno, 2835 East Nees Avenue, APN 404-072-335. The applicant proposes to rezone the subject property and three other properties for annexation purposes,APNs 404-072-33S, 06, 40 and 404-481-18, from AL-20, Agricultural Limited, 20 acres, to R-1-UGM, Single Family Residential-Urban Growth Management, and to subdivide the subject property into 37 single family residential lots per City standards. Sanitary Sewer Requirements The nearest sanitary sewer main to serve the proposed project is a 10-inch main located in East Nees Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 1. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 2. Separate sewer house branches are required for each new lot created. 3. Abandon any existing on-site private septic systems. 4. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. 5. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies Sanitan Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: I. Sewer Lateral Charge 2. Sewer Oversize Service Area: # 1 3. Trunk Sewer Charge: Herndon 4. Herndon Trunk Enhancement Fee 5. Wastewater Facilities Charge(Residential Only) i sono City Of S Y DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION on Prmldm9 tiles Fssmha!5ervfcps DATE: September 21, 2011 TO: WILL TACKETT,Planner III Development and Resource Management Department—Current Planning Division THROUGH: MICHAEL CARBAJAL, Chief Engineering Technician Department of Public Utilities—Water Division FROM: ROBERT A. DIAZ, Senior Engineering Technicianl-_,P74. Department of Public Utilities—Water Division SUBJECT: WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-6000 AND REZONE R-11-013 General T-6000-UGM& R-11-013 were filed by Sean Nathan of Quad Knopf, Inc., on behalf of DeYoung Willow and Nees LP, and pertain to 9.54 acres of property located on the south side of East Nees Avenue between North Chestnut and North Willow Avenues in Northeast Fresno, 2835 East Nees Avenue,APN 404-072-33S. The applicant proposes to rezone the subject property and three other properties for annexation purposes, APNs 404-072-333, 06, 40 and 404-481-18, from AL-20, Agricultural Limited, 20 acres, to R-1-UGM, Single Family Residential-Urban Growth Management, and to subdivide the subject property into 37 single family residential lots per City standards. Water Service The nearest water main to serve the proposed project is a 14-inch main located in East Nees Avenue. The following water improvements shall be required prior to providing City water service to the project: 1. Water mains(including installation of City fire hydrants)shall be extended within the proposed tract to provide service to each lot. I 2. Separate water services with meters shall be provided to each lot created. 3. All public water facilities shall be constructed in accordance with City Standards, specifications,and policies. 4. 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. 5. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed addition and/or modification to the City Sewer System. Depict neighboring parcels and proposed plans for their continued service. 6. All Public water facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. Wager Fees The following Water Connection Charges are due and shall be paid for the Project: 1. Wet-tie(s), water service(s)andfor meter(s)installation(s). City of FRESray.v DEPARTMENT OF PUBLIC UTILITIES October 11, 2011 TO: Will Tackett, Planner III Development Department,Planning Division FROM: Chris Weibert, Management Analyst II Department of Public Utilities, Administration SUBJECT: TT 60001UGM, Solid Waste Conditions of Approval Location: South side of East Nees Avenue between North Chestnut and North Willow Avenues (APN 404-072-335) The Department of Public Utilities, Solid Waste Division has completed a review of the Vesting Tentative Tract Map 6000 that was submitted by Quad Knopf, Inc., on behalf of De Young Willow and Nees LP. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 6000 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: I Gray container for solid waste, 1 Green container for green waste and 7 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section(c)(11). No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(10). No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Page 1 of2 Conditions of Approval TT6000.docx Covenant Requirements: There shall be no parking allowed in the cul-de-sacs on the solid waste service day. All lots that are part of a cul-de-sac shall be clear of all vehicles by 5:30 a.m.: Lots 29, 30, 31, 32, and 33 Lots at an entrance need to place their containers at an alternate location so the Solid Waste vehicle clears the entrance and does not remain partially out on the main road when servicing the residence: Lot 14 shall place their containers in front of Lot 15 on solid waste service days Page 2 of 2 Conditions of Approval TT6000.docx �1 1� ` C �1 % Zq � X11 � 1 FIRE DEPARTMENT Date: September 20, 2011 To: WILL TACKETT,Planner I1 Planning and Development Department ,Advance Planning From: LESLIE FORSHEY, Senior Fire Prevention Inspector Fire Department,Fire Prevention& Investigative Services Subject: T-6000-UGM &R-11-013 were filed by Sean Nathan of Quad Knopf, Inc., on behalf of DeYoung Willow and Nees LP, and pertain to 9.54 acres of property located on the south side of East Nees Avenue between North Chestnut and North Willow Avenues in Northeast Fresno,2835 East Nees Avenue,APN 404-072-335. The applicant proposes to rezone the subject property and three other properties for annexation purposes,APNs 404-072-33S,06,40 and 404-481-18, from AL-20,Agricultural Limited,20 acres,to R-1-UGM, Single Family Residential-Urban Growth Management,and to subdivide the subject property into 37 single family residential lots per City standards. Hydrants Public streets hydrant(s)must be installed. Coordinate street hydrant locations with Public Works. General All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. All required fire access lanes shall be provided and maintained with an approved'all weather'surface capable of supporting 80,000 lb. vehicles (minimum 4" of base rock over compacted or undisturbed native soil or per approved engineered plans)year-round and with 24 feet minimum width or other approved method that would prevent shoulder degradation. Other Change note#4 on the sheet to read Fresno. This project is within 2.4 miles from Fresno Fire Station No. 13. This project is subject to city wide fire service fees. Note: Phasing of tract will require re-review for access requirements. RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO APPROVE THE FINAL MAP OF TRACT NO. 6000 AND ACCEPTING DEDICATED PUBLIC USES THEREIN EXCEPT FOR DEDICATIONS OFFERED SUBJECT TO CITY ACCEPTANCE OF DEVELOPER INSTALLED REQUIRED IlNPROVEMENTS WHEREAS, DE YOUNG WILLOW & NEES L.P., a California Limited Partnership, has offered for approval a Final Map designated as Tract No. 6000 ("map"), pursuant to approved Vesting Tentative Map No. 6000("tentative map"); and, WHEREAS, all the certificates which appear on the map (except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been signed and acknowledged and said map has been filed for approval; and, WHEREAS,the subdivision lies within the boundaries of the City of Fresno; and, WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously fled with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council; and, WHEREAS, the Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific pians of the City; and, WHEREAS, the Subdivider and the Owners,whose signatures appear on the map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said map; and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. 1 of 3 Resolution Approving the Final Map of Date Adopted: Tract No. 6000,etc. Date Approved: Resolution No. Effective Date: City Attorney Approval: NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council. 2. That the map is hereby approved and any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the map are hereby accepted, unless it is stated on the Final Map that said dedications are subject to City acceptance of Developer installed improvements, subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation. 111 11l 2 of 3 Resolution Approving the Final Map of Date Adopted: Tract No.6000,etc. Date Approved: ResoIution No. Effective Date: City Attorney Approval: STATE OF CALIFORNIA ) COUNTY OF FRESNO CITY OF FRESNO ) 1,YVONNE SPENCE,City Clerk of the City of Fresno,certify that the foregoing resolution was adopted by the Council of the City of Fresno,at a regular meeting held on the day of 12012. AYES NOES ABSENT ABSTAIN Mayor Approval: 12012 Mayor ApprovaVNo Return: ,2012 Mayor Veto: ,2012 Council Override Vote: ,2012 YVONNE SPENCE,CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Talia Kolluri-Barbick 7/5/12 Deputy City Attorney 3 of 3 Resolution Approving the Final Map of Tract No.6000,etc. Resolution No. This page intentionally left blank. 6 FB$a P 3 0 m4 �b� 3 a � • R' a$ lxaf k h d avwr inwsso Heeow h lig Wg ; e �� Pa �� This page intentionally left blank.