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HomeMy WebLinkAboutT-6004 - Conditions of Approval - 8/8/2012 City of REPORT TO THE PLANNING COMMISSIONAGENDA ITEM NO. VIIIA. COMMISSION MEETING 07/25/12 July 25, 2012 EPARTMENT DIRECTOR FROM: MIKE SANCHEZ, Planning Manage w. Development Services Division BY: WILL TACKETT, Planner III Development Services Divisioh SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-11-178; VESTING TENTATIVE TRACT MAP NO. 6003/UGM; AND, RELATED ENVIRONMENTAL ASSESSMENT NO. A-11-012/R-11-018/C-11-178/T-6003. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. AFFIRM the finding of a Mitigated Negative Declaration dated June 08, 2012, as prepared for Environmental Assessment No. A-11-012/R-11-018/C-11-178/T-6003 and as adopted by the City Council on July 19, 2012, for the purpose of the proposed Conditional Use Permit and Vesting Tentative Tract Map applications. 2. APPROVE Conditional Use Permit Application No. C-11-178 subject to the findings included within the Staff Report to the Planning Commission dated July 25, 2012; and, compliance with the Conditions of Approval dated July 25, 2012. 3. APPROVE Vesting Tentative Tract Map No. 6003/UGM subject to the findings included within the Staff Report to the Planning Commission dated July 25, 2012; and, compliance with the Conditions of Approval dated July 25, 2012. EXECUTIVE SUMMARY The McCaffrey Group has filed Conditional Use Permit Application No. C-11-178, and Vesting Tentative Tract Map No. 6003/UGM pertaining to approximately 13.83 net acres (16.79 gross acres) of property located on the southeast corner of the intersection of East Copper and North Maple Avenues. Conditional Use Permit Application No. C-11-178 and Vesting Tentative Tract Map No. 6003/UGM propose to develop and subdivide the subject property for the purpose of creating a 118-lot single family residential, gated, private street planned development with modified property development standards at an overall density of approximately 8.53 dwelling units per acre. A total of five outlots are proposed to be dedicated for private street and common open space purposes. 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 McCaffrey Group has previously filed Plan Amendment Application No. A-11-012 and Rezone Application No. R-11-018 for the subject property. Plan Amendment Application No. A-11-012 was filed to amend the 2025 Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject property from the Neighborhood Commercial planned land use designation to the Medium Density Residential (4.99-10.37 dwelling units per acre) planned land use designation. Rezone Application No. R-11-018 was filed to rezone the subject property from the REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 2 C-1/UGM/cz (Neighborhood Shopping Center/Urban Growth Management/with conditions of zoning) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Plan Amendment Application No. A-11-012 and Rezone Application No. R-11-018 were approved by the City Council on July 19, 2012. The proposed subdivision and residential planned development of the subject property at an overall density of approximately 8.53 dwelling units per acre pursuant to Vesting Tentative Tract Map No. 6003/UGM and Conditional Use Permit Application No. C-11-178 is consistent with the City Council approved Medium Density Residential planned land use designation for the subject property requiring between 4.99 and 10.37 dwelling units per acre. PROJECT INFORMATION PROJECT Plan Amendment Application No. A-11-012 proposes to amend the 2025 Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject property from the Neighborhood Commercial planned land use designation to the Medium Density Residential (4.99-10.37 dwelling units per acre) planned land use designation. Rezone Application No. R-11-018 proposes to rezone the subject property from the C-1/UGM/cz (Neighborhood Shopping CenterlUrban Growth Management/with conditions of zoning) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. These applications have been filed in order to facilitate approval of a proposed 118-lot single family residential, gated, private street planned development on the subject property at an overall density of approximately 8.53 dwelling units per acre in accordance with Conditional Use Permit Application No. C-11-178 and Vesting Tentative Tract Map No. 6003/UGM. Five outlots are also proposed to be dedicated for private street and common open space purposes. APPLICANT The McCaffrey Group LOCATION Southeast corner of the intersection of East Copper and North Maple Avenues. (Council District 6, Councilmember Brand) SITE SIZE Approximately 13.83 net acres (16.79 gross acres). PLANNED LAND USE Existing & Proposed - Medium Density Residential (4.99-10.37 du/acre) ZONING Existing & Proposed - R-1/UGM (Single Family Residential District/Urban Growth Management) REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 3 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 R-1 zone district classification and the proposed density of approximately 8.53 dwelling units per acre may be found consistent with the Medium Density Residential planned land use designation for the subject property. ENVIRONMENTAL Finding of a Mitigated Negative Declaration filed on June 08, 2012 and FINDING approved by the City Council on July 19, 2012. STAFF Recommend Approval (by the Planning Commission) of: (1) Affirmation RECOMMENDATION of the Mitigated Negative Declaration prepared for Environmental Assessment No. A-11-012/R-11-018/C-11-178/T-6003 for the Conditional Use Permit and Vesting Tentative Tract Map applications; (2) Conditional Use Permit Application No. C-11-178; and, (3) Vesting Tentative Tract Map No. 6003/UGM. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North C-2/UGM/cz Community Commercial Community Shopping Center/ Urban Growth Management/with Retail Commercial conditions of zoning East Medium-Low Density R-1/UGM Single Family Residential Single Family Residential/Urban 9 y Growth Management Residential South Medium-Low Density R-1/UGM Single Family Residential Single Family Residential/Urban Residential Growth Management West R-1/UGM Medium-Low Density Single Family Residential/Urban Single Family Residential Growth Management Residential 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 as well as consideration of public comments received pursuant to CEQA Section 15073. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 4 studies pertinent to the Woodward Park Community Plan including the Master Environmental Impact Report (MEIR) No. 10130 for the 2025 Fresno General Plan (SCH#2001071097) and Mitigated Negative Declaration (KIND) No. A-09-02 (SCH#2009051016). Additionally, following receipt of public comments during the scheduled public hearing before the Planning Commission on April 04, 2012, the project applicant commissioned updated and modified technical studies through private consultant firms related to air quality and greenhouse gas emissions and traffic impacts, and recirculated a revised Mitigated Negative Declaration pursuant to CEQA Section 15073.5. However, it should be noted that while the revised Mitigated Negative Declaration was recirculated, such recirculation did not occur due to the identification of new avoidable significant effects which mandated revision in order to reduce any such effects to insignificance nor did it occur due to a determination that previously proposed mitigation measures or project revisions would not reduce potential effects to less than significance. Rather, the Mitigated Negative Declaration was recirculated to provide an appropriate public comment period for consideration of the updated information included within the modified studies for purposes of addressing earlier public comment. Environmental and technical studies utilized 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; air quality and greenhouse gas emissions; and, student generation projections and school facility site location identification. The proposed project has been determined to not be fully within the scope of MEIR No. 10130 as provided by 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 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-11-012/R-11-018/C-11-178/T-6003 was published on June 08, 2012 with no comments or appeals received to date. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 5 BACKGROUND /ANALYSIS Project Description The McCaffrey Group has filed Conditional Use Permit Application No. C-11-178, and Vesting Tentative Tract Map No. 6003/UGM pertaining to approximately 13.83 net acres (16.79 gross acres) of property located on the southeast corner of the intersection of East Copper and North IVlaple Avenues. Conditional Use Permit Application No. C-11-178 and Vesting Tentative Tract Map No. 6003/UGM propose to develop and subdivide the subject property for the purpose of creating a 118-lot single family residential, gated, private street planned development with modified property development standards at an overall density of approximately 8.53 dwelling units per acre. A total of five outlots are proposed to be dedicated for private street and common open space purposes. 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 McCaffrey Group has previously filed Plan Amendment Application No. A-11-012 and Rezone Application No. R-11-018 for the subject property. Plan Amendment Application No. A-11-012 was filed to amend the 2025 Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject property from the Neighborhood Commercial planned land use designation to the Medium Density Residential (4.99-10.37 dwelling units per acre) planned land use designation. Rezone Application No. R-11-018 was filed to rezone the subject property from the C-1/UGM/cz (Neighborhood Shopping Center/Urban Growth Management/with conditions of zoning) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. Plan Amendment Application No. A-11-012 and Rezone Application No. R-11-018 were approved by the City Council on July 19, 2012. 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 R-1 (Single Family Residential) zone district and the proposed density of approximately 8.53 dwelling units per acre is consistent with the Medium Density Residential (4.99-10.37 dwelling units/acre) planned land use designation for the subject property. Therefore, the proposed future residential subdivision and planned development of the subject property at an overall density of approximately 8.53 dwelling units per acre, in a manner which is consistent with the permitted uses and property development standards of the proposed R-1 (Single Family Residential) zone district and Fresno Municipal Code (as proposed by Conditional Use Permit Application No. C-11-178 and Vesting Tentative Tract Map No. 6003/UGM) may be determined to be consistent with the Medium Density Residential planned land use designation for the subject property. Proposed lots range in size from approximately 2,304 square feet in area to approximately 9,815 square feet in area; with the vast majority of those lots being of a size less than 4,000 square feet in area. The conditional use permit will provide for reduced front and rear yard setbacks as are typically provided in planned development subdivisions. Front yard setbacks are proposed to be no less than 5 feet in depth to garages and living spaces. The building envelopes for rear yard setbacks require a minimum REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 6 10 feet in depth, although setbacks to living spaces are shown as being typically 18 feet or more as measured from property lines. Based upon comments received from adjacent and nearby property owners, the project was redesigned from the form and configuration originally submitted to make accommodations for the purpose of minimizing any potential interface issues. Residential lots along the eastern boundary of the subject property have been provided additional width and depth, effectively increasing lots sizes to accommodate a restriction that only single-story residences may be constructed on those lots; thereby minimizing any potential impediments to view sheds and/or any potential impositions on the privacy of the existing adjacent residential subdivision. Furthermore, lots previously proposed along the southern boundary of the subject property have been removed in their entirety and replaced with a common open space area (Outlot "E") and private street. Therefore, no two story residential units will abut the existing adjacent neighborhood and setbacks to two story units proposed on the interior of the subdivision have been dramatically increased taking advantage of the natural grade differential between the subject property and adjacent properties such that the nearest two-story building pads will be approximately 10 feet lower than those of the existing adjacent residences. Standard side yard setbacks will otherwise be provided with minimum 5-foot widths required from structures to property lines. The planned development also proposes to utilize an unconventional approach to the use of side yard areas. Fence lines will be established over property lines and use easements will be created in accordance with the typical lot details provided on Exhibit "Al" of the CUP site plan. These use easements and fence lines will provide a property owner with rights for the exclusive use of the two adjoining side yards on a single side of a residence (i.e., the 10' space between adjacent buildings). As a result of this conglomeration and "staggering" of usable side yard areas, a property owner will be granted rights for use of one 10-foot side yard area on one side of a given residence rather than having access to two five-foot side yards on each side of the respective residence. The concept of staggering side yards on reduced size lots provides some distinct advantages: (1) It affords larger yard areas for the enjoyment of residents on a reduced size lot; (2) It provides more useable area for storage needs, including storage of solid waste containers, etc.; and, (3) It affords such areas in a manner with less potential to impede emergency access around structures. Proposed Residential units range From approximately 1,152 square feet to 1,749 square feet in area, with both single and two-story models available. Standard one-car garages, dual single car garages, standard two-car garages, and tandem two-car garages are optional throughout the subdivision. Landscaping and open spaces associated with the subdivision have also been modified based upon the redesign of the proposed project. Additional aggregate open spaces and pedestrian paseos have been added to the subdivision. The private park (Outlot "B") has now been centrally located to minimize any potential for noise intrusions onto adjacent properties and is aligned with the principle entryway into the subdivision. Two mid-block pedestrian paseos (Outlots "C" & "D") have also been added which will connect the project entryway, private park, and the aforementioned common open space/landscape buffer that has been added along the south property boundary (Outlot "E"). Not only have these inclusions resulted in a substantial increase in the amount of on-site open space amenity provided for future property owners, they have dramatically increased the connectivity and walkability of the subdivision while providing greater aesthetic appeal. The dedication of Outlots "B" through "E" of Vesting Tentative Tract Map No. 6003/UGM alone for common open space purposes will comprise approximately 66,625 square feet in area or approximately 11 percent of the net acreage [13.83 net acres] of the subject property. It should be noted that this percentage of open space does not include other landscaped areas, which are typically eligible for a residential project's open space obligation such as the additional width provided by the 20-foot REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 7 landscape buffers along the major streets, the enhanced landscaping provided at the project entryway, or the landscape buffers provided at the end of all interior blocks. The subject property is bounded on the north by East Copper Avenue. Properties to the north and directly across East Copper Avenue from the subject property are zoned for and have been partially developed with retail commercial uses. The subject property is bounded on the west by North Maple Avenue. Properties directly across North Maple Avenue from the subject property have been developed with single family residences at medium-low densities as part of Tract 5261 (Approved in 2004). Properties to the east and south of the subject property have also been developed with single family residences at medium-low densities as part of Tract 4903 (Approved in 2001). The subject property was originally created as a remnant parcel From the adjacent tract 4903. It should be acknowledged that although the density of the subject property within the Medium Density Residential (4.99-10.37 dwelling units/acre) category is higher than that of the Medium-Low Density Residential (2.19-6.00 dwelling units/acre) planned land use of adjacent properties, the addition of the proposed 118 single family residential units to the combined acreage of the subject property and the original tract 4903 would have resulted in a density of approximately 3.71 dwelling units per acre, which still falls within the Medium-Low Density Residential range for the surrounding area. In September of 2011, Dyett & Bhatia, Urban and Regional Planners, and the City of Fresno Development and Resource Management Department prepared the first "working paper" to analyze economic development for purposes of the 2035 General Plan Update. According to the analyses contained within the working paper, the City of Fresno will need to provide approximately 19,939 acres of land in order to meet its projected residential land demand over the next 25 year period. The report provides that the City currently has only an approximately 8,000 acres of residentially-designated vacant and agricultural land in the Sphere of Influence (SOI), not including acreage in the Southeast Growth Area (SEGA), much of which is currently proposed for residential development. In other words, this residential land need cannot be met by land within the City limits if current low density trends continue. It should also be noted that not all potentially developable residential land would be available for development over the same time period. Therefore, through the implementation of "smart growth" principles such as those found within the 2025 Fresno General Plan and within the Growth Alternatives Alliance: Landscape of Choice Principles and Strategies, the proposed project contributes to implementation of the policies of the City of Fresno Housing Element. These policies are generally aimed toward facilitating compact growth through compact building design, the provision of increased and diversified densities within residential neighborhoods and the creation of a range of housing opportunities and choices. Increased housing yields are encouraged whenever possible in order to conserve land, services, and costs. 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-j recommends that Medium Density Residential uses shall be developed to maximize efficient use and affordability of residential property through a wide range of densities and to better achieve the goals of the City's Housing Element. Objective C-10 of the 2025 Fresno General Plan promotes the development of more compact friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and materials. Supporting policy C-10-a recommends facilitating the construction of higher density single REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 8 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. Similarly, the goals of the Woodward Park Community Plan are directed toward planning for a diversity of residential types, densities, and locations in order to achieve plan goals with respect to providing housing opportunities, balanced urban growth, efficient use of resources and public facilities, and maintenance of a safe, attractive, and stable community. Supporting policies are aimed toward increased density for Medium Density Residential Uses, together with design flexibility, in order to facilitate desirable and compatible development without reducing the levels of service provided by planned public facilities. The analyses of the associated environmental assessment demonstrate that public facilities and services are sufficient and will be provide to accommodate demand increases or characteristics in a manner that will maintain an acceptable level of service to the proposed use and surrounding community, in accordance with adopted plans, policies, and development standards. Furthermore, the site will have direct access to a major street and to local streets of sufficient capacity and which do not pass through any adjacent single family neighborhoods prior to intersecting the major streets; and, will not prevent the completion of a previously committed or needed local street circulation system. The proposed project has been found to: (1) Provide diversity in housing types and housing opportunities to meet the needs of all ages and income levels; (2) Provide for efficient use of land while protecting the integrity of established neighborhoods; (3) Encourage a mix of uses and densities along major transportation corridors; (4) Provide for a safe, clean and aesthetically pleasing neighborhood; and, (5) Provide for compatible relationships between differing housing types and densities. The proposed project meets the goals, objectives and policies of the 2025 Fresno General Plan and Woodward Park Community Plan by providing a project which introduces a 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 commercial, office, open space, and existing and planned single and multiple family residential uses provides for a context, which the proposed project will complement and embellish. The proposed project facilitates infill development through the completion and improvement of the major 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. Furthermore, the proposed planned development subdivision, with the proximity and connectivity of residential, open space, and commercial land uses, contributes to 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 commercial uses along with open spaces and pedestrian paths which augment a well connected street network will provide a system of integrated and interesting travel routes to various destinations. Therefore it is staff's opinion that the proposed project is consistent with respective general and community plan objectives and policies. Circulation Element Plan Policies and Major Street System Traffic Capacity The subject property is located on the southeast corner of the intersection of East Copper and North Maple Avenues. The adjacent segment of East Copper Avenue is planned as a 6-lane divided Super Arterial roadway by the 2025 Fresno General Plan with ultimate mitigation. The adjacent segment of North Maple Avenue is planned as a 4-lane divided arterial roadway by the 2025 Fresno General Plan with ultimate mitigation. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 9 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 Conditional Use Permit Application No. C-11-178 and Vesting Tentative Tract Map No. 6003/UGM, the use of the subject property is expected to generate 1,129 average daily trips (ADT). Of these vehicle trips it is projected that 89 will occur during the morning (7 to 9 a.m.) peak hour travel period and 119 will occur during the evening (4 to 6 p.m.) peak hour travel period. The existing Neighborhood Commercial planned land us the subj property, as designated by the 2025 Fresno Ge �1 Plan, would generate''K� R�with 6�� s occurring during the a.m. peak hour and 't~ � s occurring during the p.m. peak hour. Therefore, the Nosed Medium Den5ity Residential (4.99-10.37 du/acre) planned land use wot�l result in 1 1 ! ADT; withS TTAler trips occurring during the a.m. peak hour and 1,2K49Ver trips occurring during the p.m. peak hour. Due to the substantial reduction in the number of vehicle trips generated from the proposed land use change, no further impacts to the planned transportation network, which were not previously evaluated in the MEIR. 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 as well as the private interior street proposed will be able to accommodate the quantity and kind of traffic which may be potentially generated upon implementation of the traffic related mitigation measures of the NIEIR and completion of the adjacent streets segments and intersections in accordance with the transportation element of the 2025 Fresno General Plan. In addition to the mitigation measures established by certification of NIEIR No. 10130, public improvement requirements will be imposed as conditions of approval in accordance with the provisions of the Fresno Municipal Code, in order to complete the transportation network as identified by the 2025 Fresno General Plan. These requirements will generally include: (1) Adjacent public street improvements, right-of-way dedications and vacations (including, but not limited to, construction of concrete curbs, gutters, sidewalks, bus bays, transition paving, permanent pavement, underground street lighting systems, and concrete medians; (2) Installation of bike lanes; (3) Restrictions on turning movements at the project entrances; and, (4) 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 related mitigation measures as identified within the conditions of approval for the proposed project and the associated Mitigated Negative Declaration finding prepared for the project. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 10 For sanitary sewer service these infrastructure improvements and facilities include only typical requirements for construction and extension of sanitary sewer mains and branches. However, 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 related 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 public fire hydrants and the provision of adequate fire flows per Public Works Standards, 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. Private Covenants, Conditions, and Restrictions (CCR's) for the proposed project will also be required to contain terms and provisions for retention, maintenance and enforcement of access and parking restricted areas. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that drainage service is available for the development subject to the developer participating in the construction of FMFCD "Master Plan Facilities" as determined by 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 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 a 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 will mitigate traffic-related impacts to State facilities through payment into the Fresno Regional Transportation Mitigation Fee (RTMF) program.. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 11 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 SEC'nON 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, ding The area of the proposed residential planned development is approximately 13.83 net '< acres in size. The subject site has been proposed to be subdivided into 118 residential lots, with lot sizes ranging from 1,152 to 1,749 square feet in area at an overall density of approximately 8.53 dwelling units/acre. Multi-department/agency review of the proposed development plan (Conditional Use Permit Application No. C-11-178) 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 July 25, 2012; 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: that the proposed development will generate approximately 89 a.m./119 p.m. peak hour vehicle trips which can be accommodated by the adjacent streets subject to the respective requirements for dedications and improvement of adjacent portions of East Copper and North Maple Avenues in accordance with the Department of Public Works requirements included within the project conditions of approval. These requirements are necessary for the traffic generated by the project and to accommodate city services and meet the needs of the proposed subdivision. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to I uses which are subject to the provision of Section 12-306-N-30 of this Code. Finding The staff of the Development and Resource Management Department has determined that C: the proposed use will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 12 Tentative Tract Map Findings The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 Fresno General Plan and Woodward Park Community Plan based upon City Council approval of Plan Amendment Application No. A-11-012 and Rezone Application No. R-11-018; to redesignate and rezone the subject property for Medium Density Residential (4.99-10.37 du/acre) 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 an infill corner of land at a location, which has been substantially surrounded with urban uses. The subject property remains fallow without trees, vegetation, or irrigation to sustain and attract wildlife; or, provide a suitable habitat to species other than vermin. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms to city health and safety standards, specifications, and policies. 5. The proposed subdivision design will not conflict with public easements within or through the site, because the project design and conditions of approval will assure noninterference with any existing or proposed easements on the subject property. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance except as modified in accordance with Planned Development allowances. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-11-178 Vesting Tentative Tract Map No. 6003/UGM July 25, 2012 Page 13 Conclusion 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-J and 12-1019, respectively. Conditional Use Permit Application No. C-11-178 and Vesting Tentative Tract Map No. 6003/UGM require approval by the Planning Commission. 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 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 Conditional Use Permit Application No. C-11-178, and Vesting Tentative Tract Map No. 6003/UGM are appropriate for the project site. Attachments: Vicinity Map 2012 Aerial Photograph Public Hearing Notice Mailing List Vicinity Map 2025 Fresno General Plan Planned Land Use Map Vesting Tentative Tract Map No. T-6003/UGM Exhibits for Conditional Use Permit Application No. C-11-178 Conditions of Approval for Vesting Tentative Tract Map No. 6003/UGM dated July 25, 2012. Conditions of Approval for Conditional Use Permit Application No. C-11-178 dated July 25, 2012. Associated memoranda from responsible or commenting agencies respective to Conditions of Approval for Vesting Tentative Tract Map No. 6003/UGM and Conditional Use Permit Application No. C-11-178. Environmental Assessment No. A-11-012/R-11-018/C-11-178/T-6003, finding of a Mitigated Negative Declaration dated June 08, 2012. 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IV.1 2 — - ;�/ - . 2U CO, 71, %! P/ ( | � $ ! I • � �� . � CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL JULY 25, 2012 VESTING TENTATIVE TRACT MAP NO. 6003/UGM "A PLANNED DEVELOPMENT" "A PHASED MAP" SOUTHEAST CORNER OF THE INTERSECTION OF EAST COPPER AND NORTH MAPLE 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. 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 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. 6003/UGM, the subdivider may prepare a Final Map in accordance with the approved tentative map, and Conditional Use Permit Application No. C-11-178. 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. Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 2 of 13 4. Submit grading plans and a soils report to the City of Fresno Planning and Development Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 5. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Development and Resource Management Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 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. 80-4.20) 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. Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 3 of 13 GENERAL INFORMATION 12. A private canal known as the Phillips No. 158 has been undergrounded and appears to traverse a northeastern portion of the subject property within the boundary of proposed Lot 8 of Vesting Tentative Tract Map No. 6003/UGM. a) A note shall be included on the Final Map acknowledging the private irrigation pipeline with reference on the map to its location. b) The subdivider shall be required to create or retain any private easements as necessary to accommodate the private pipeline. i) In lieu of the above requirement, the subdivider shall provide acceptable evidence that all downstream users of the canal have relinquished their rights to its use. c) The subdivider/developer shall provide formal notice to all owners and prospective property owners of the presence and location of the private irrigation pipeline on the above referenced lots of Vesting Tentative Tract Map No. 6003/UGM and include provisions as appropriate within CC&R's for the property to identify and assign responsibilities for the retention and future maintenance of said pipeline. i) A copy of such formal notice and respective CC&R's shall be submitted to the Development and Resource Management Department for City Records prior to recordation of a Final Map. 13. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. 14. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 15. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 4 of 13 16. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 17. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District for the control of fugitive dust requirements from paved and unpaved roads. 18. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 19. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 20. 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 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. Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 5 of 13 MITIGATION MONITORING REQUIREMENTS 22. Development of the subject property shall be subject to implementation of all applicable mitigation measures, fees, and timelines included within the Initial Study and Mitigated Negative Declaration prepared for Environmental Assessment No. A-11-012/R-11- 018/C-11-178/T-6003 and dated June 08, 2012. a) The Mitigated Negative Declaration prepared for the proposed project is tiered off of the 2025 Fresno General Plan Master Environmental Impact Report (NIEIR) No. 10130 and Air Quality MND. Development of the subject property shall be subject to implementation of all applicable mitigation measures included within the MEIR and Air Quality MND for subsequent projects; included herein by reference. ZONING & PROPERTY DEVELOPMENT STANDARDS 23. Approval of Vesting Tentative Tract Map No. 6003/UGM is contingent upon City Council approval of Plan Amendment Application No. A-11-012 and Rezone Application No. R-11-018. 24. As a proposed "Planned Development" subdivision, approval of Vesting Tentative Tract Map No. 6003/UGM is contingent upon approval of Conditional Use Permit Application No. C-11-178; authorizing the planned development of the subject property. 25. Pursuant to Rezone Application No. R-11-018 the subject property is proposed to be zoned R-1/UGM (Single Family Residential DistricbUrban Growth Management). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the respective R-1/UGM zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-11-178. 26. The existing covenant for the subject property related to the conditions of zoning established through adoption of City Council Ordinance No. 2001-75/Bill No. B-81 may be released upon Council Approval of Rezone Application No. R-11-018. 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. 6003/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-11-178. Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 6 of 13 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-11-178. LANDSCAPING AND OPEN SPACE 30. Pursuant to Policy 3-4.6 of the Woodward Park 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 East Copper Avenue, which is designated as a super arterial street (i.e., north property line of Lots 1-8 & 29-35 of Vesting Tentative Tract Map No. 6003/UGM). 31. Pursuant to Policy 3-4.6 of the Woodward Park Community Plan the developer/subdivider shall provide a minimum 20-foot wide landscape buffer area (and irrigation system) along the western property line of lots with frontage along North Maple Avenue, which is designated as an arterial street (i.e., west property line of Lots 19-29 of Vesting Tentative Tract Map No. 6003/UGM). 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-11-178; 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. i) Proposed Outlots "B" & "E" of Vesting Tentative Tract Map No. 6003/UGM shall be dedicated and utilized for common open space purposes. • NOTE: Outlots "B" & "E" of Vesting Tentative Tract Map No. 6003/UGM comprise approximately 61,505 square feet in area; comprising approximately 10 percent of the net acreage (13.83 net acres) of the subject property. b) Entryways should contain enhanced landscaping (and irrigation systems), surface materials, and fencing/wall treatments that respectively improve and better define a project's visual image and character. c) Provide a minimum 5-foot wide landscape strip at the end of all blocks. The landscape strip/buffer shall be located adjacent to the "sidewalk pattern" within the adjacent Outlot proposed for private street purposes and shall incorporate street trees to shade the adjacent sidewalks in accordance with Public Works standards, specifications, and policies. d) Landscaped pedestrian connections/walkways are encouraged for all subdivisions in order to promote "walkability", link neighborhoods and to provide residents the opportunity to reach destinations, including (but not limited to) residences, bus stops, trails, parks (including mini, neighborhood, community, regional parks, etc.), schools, shopping centers, other subdivisions, etc. Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 7 of 13 i) Proposed Outlots "C" & "D" of Vesting Tentative Tract Map No. 6003/UGM shall be dedicated and utilized for pedestrian paseo/connectivity purposes (open space) and shall be improved in accordance with approved landscape plans which shall be submitted to the City of Fresno Development and Resource Management and Public Works Departments prior to issuance of building permits. 33. All proposed landscaped buffers, open spaces, pedestrian connections, entryways, pathways, or private on-site landscaping for street tree purposes, shall be improved in accordance with the 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 for any proposed open spaces areas 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. 6003/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 Development and Resource Management 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 Development and Resource Management and Public Works Departments. 36. The subdivider is required to provide street trees on all street frontages per Fresno Municipal Code standards and is responsible for the dedication of public planting and buffer landscape easements as determined by the Development and Resource Management and Public Works Departments. a) 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. i) 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) Outlot requirements included within the Department of Public Works, Streets Division memorandum dated January 05, 2012. Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 8 of 13 STREETS AND RIGHTS-OF-WAY The following street names shall be corrected on the tentative map: Street Name Status Required Change (Provide new street names for (Interior Private Streets) Add review & approval prior to recordation of a Final Map) 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 included within the attached Public Works Department, Traffic and Engineering Services Division memorandums dated March 30, 2012 and January 06, 2012; and the following: 40. Comply with all of the requirements included within the attached Fresno Area Express memorandum dated January 23, 2012. 41. Proposed Outlot "A" of Vesting Tentative Tract Map No. 6003/UGM shall be dedicated and utilized for private street and public utility purposes. SANITARY SEWER SERVICE The nearest sanitary sewer mains to serve the proposed project are an 8-inch main located in North Maple Avenue and an 8-inch main located in East Copper Avenue. The following sewer improvements shall be required prior to providing City sewer service to the project: 42. Comply with all of the requirements included within the attached Department of Public Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated January 09, 2012. WATER SERVICE The nearest water mains to serve the proposed project are a 14-inch main located in North Maple Avenue and a 14-inch main located in East Copper Avenue. The following water improvements shall be required prior to providing City water service to the project: 43. Cornply with all of the requirements included within the attached Department of Public Utilities, Water Division memorandums dated January 24, 2012 and March 23, 2012. SOLID WASTE SERVICE This tract will be serviced as Single Family Residential properties with Basic Container Service (3 container- solid waste, green waste & recyclable material), subject to the following conditions: 44. Comply with all of the requirements included within the attached Department of Public Utilities, Solid Waste Division memorandum dated March 21, 2012; with the following exceptions: Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 9 of 13 • NOTE: Where covenants are required for solid waste purposes, such exceptions as are provided below shall be approved by the Department of Public Utilities, Solid Waste Division prior to recordation of a Final Map. a) The proposed planned development may be eligible for a green waste container exemption subject to establishment of a Homeowners' Association (HOA) providing appropriate provisions for landscape maintenance. Contact the Department of Public Utilities, Solid Waste Division for further information. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 45. Comply with all of the requirements included within the attached Fresno Fire Department memorandum dated January 09, 2012. FLOOD CONTROL AND DRAINAGE 46. 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 memorandum to the Development and Resource Management Department dated January 23, 2012. COUNTY OF FRESNO DEPARTMENT OF PUBLIC HEALTH 47. Comply with all of the requirements included within the attached County of Fresno Department of Public Health memorandum dated January 23, 2012. AT&T AT&T has facilities within the area to provide service to the tract subject to the following requirements: 48. Facilities available to provide service to the tract may be in conflict with proposed street improvements. The subdivider shall contact Pablo Santos, OSP Engineer with AT&T at (559) 454-3607, or by email at ps97960,att.com, once street improvement plans are available in order to identify any potential conflicts with AT&T facilities. RIGHT-OF-WAY ACQUISITION 49. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 50. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 51. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 10 of 13 The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 52. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount(to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 53. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. MAINTENANCE OBLIGATIONS The long term maintenance of the items included within the aforementioned and attached Public Works Department, Traffic and Engineering Services Division memorandum dated March 30, 2012 is the ultimate responsibility of the owner/developer and shall be secured through compliance with the provisions below: 54. 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 (httpi//www.fresno.gov) under the Public Works Department Developer Doorway. a) Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. Where applicable, this shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. • NOTE: The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). If the outlots are to be included into the CFD, the Department of Public Works will require that landscape and irrigation plans be submitted with landscape buffer plans for approval prior to inclusion into the CFD. b) Proceedings to place the Final Map into a CFD shall not commence until the Final Map, Landscape and Street Construction Plans are considered to be technically correct. c) If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 11 of 13 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 Section 12-1026 of the Fresno Municipal Code. The Declaration of Covenants, Conditions, and Restrictions (CC&R's) described herein, shall among other things, specify level of effort, frequency, and inspection of maintenance responsibilities, name the City as a third party beneficiary for those provisions, and be subject to approval by the Director of Public Works and the City Attorney's Office. Any amendment to the above provisions or any other provision specifying any right of the City shall require the prior written consent of the City. • NOTE: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met, then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Development and Resource Management Department for review prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Development and Resource Management Department Guidelines for preparation of CC&Rs dated September 01, 1994. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: a. Applicable Flood Fees as determined by the Fresno Metropolitan Flood Control District. SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100' depth) c. Oversize Charge [1] $0.05/sq. ft. (to 100' depth) Vesting Tentative Tract Map No. T-6003/UGM July 25, 2012 Page 12 of 13 d. Trunk Sewer Charge [2] Service Area: Herndon $496.00/living unit e. Wastewater Facilities Charge [3] $2,119.00/living unit f. Copper Avenue Sewer Lift Station Charge ['I] $650.00/living unit g. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE h. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. i. Frontage Charge [1] $6.50/lineal foot j. Transmission Grid Main Charge [1] $643.00/gross acre (parcels 5 gross acres or more) k. Transmission Grid Main Bond Debt [1] Service Charge $243.00/gross acre (parcels 5 gross acres or more) I. UGM Water Supply Fee [2] $456/living unit Service Area: 101-S m. Well Head Treatment Fee [2] $0.00/living unit Service Area: 101 n. Recharge Fee [2] $0.00/living unit Service Area: 101 o. 1994 Bond Debt Service [1] $895/living unit Service Area: 101 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE p. Fire Facilities Impact Fee —Citywide [4] $539.00/living unit q. Park Facility Impact Fee— Citywide [4] $2278/living unit r. Quimby Parkland Dedication Fee [2] $1120/living unit s. Citywide Regional Street Fee [3] $8,361.00/adj. acre t. New Growth Area Major Street Fee [3] $18,790.00/adj. acre u. Police Facilities Impact Fee— Citywide [4] $624.00/living unit v. Traffic Signal Charge [1] $450.94/living unit Vesting Tentative Tract Map No. T-60031UGM July 25, 2012 Page 13 of 13 w. Street Acquisition/Construction Charge [2] N/A 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. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL JULY 25, 2012 CONDITIONAL USE PERMIT APPLICATION NO. C-11-178 "A PLANNED DEVELOPMENT" SOUTHEAST CORNER OF EAST COPPER AND NORTH MAPLE AVENUES PART A- PROJECT INFORMATION 1. Assessor's Parcel No(s): 578-010-38 & 44 2. Street Location: Southeast corner of the intersection of East Copper and North Maple Avenues. (Council District 6, Councilmember Brand) 3. Existing Zoning "C-1/UGM/cz" (Neighborhood Shopping Center DistricbUrban Growth Managemenbwith conditions of zoning) 4. Proposed Zoning "R-1/UGM" (Single Family Residential DistricbUrban Growth Management) 5. Existing Planned Land Use: Neighborhood Commercial 6. Proposed Planned Land Use: Medium Density Residential (4.99-10.37 dwelling units/acre) 7. Plan Areas: Woodward Park Community Plan 8. Project Description: Request authorization for a 118-lot single family residential, gated, private street planned developmentwith modified property development standards for lots proposed to be created by Vesting Tentative Tract Map No. 6003/UGM. The proposed project will also include improvements within two outlots,which are proposed to be dedicated for private street and common open space purposes. PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on July 25, 2012, approved the special permit application subject to the enclosed list of conditions and Exhibit(s)"A", "E", "F" & "L", inclusive of Conditional Use Permit Application No. C-11-178. Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 2 of 15 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-11-178 and Vesting Tentative Tract Map No. T-6003/UGM. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures,signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining propertyand 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 Development and Resource Management Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note on the site plan.) No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on the original site plan exhibit(s) to the final site plan(s). CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 3 of 15 IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by July 25, 2016(four years from the date of Director approval). The time limits for any special permit conditionally granted in conjunction with an approved tentative tract map shall be automatically extended upon the extension of such tentative tract map pursuant to Section 12-1005.1 of the FMC. To complete the back-check process for building permit relative to planning and zoning issues, submit copies of this corrected, final site plan, together with copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Development Services(Planning) Division for final review and approval,a minimum of ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Development Services(Planning) Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan checkrp for to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please contact Will Tackett at (559) 621-8063 or via e-mail at Will.Tackett(u?fresno.pov to schedule an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relating to dedications,street improvements or off-street parking geometrics may be directed to Louise Gilio at (559) 621-8678 / Louise.GilioRfresno.gov of the City of Fresno Public Works Department, Traffic and Engineering Services Division. Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 4 of 15 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 approvedrp for to issuance of building permits. c) DEDICATIONS. The following dedication requirements must be satisfied rior to the issuance of building permits: i) Dedications shall take place in accordance with any applicable conditions included within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated March 30, 2012. d) VACATIONS. The following vacation requirements must be satisfiedrp for to issuance of building permits: i) A feasibility study for any/all proposed vacations of existing public rights-of-way is required to be completed prior to either recordation of the Final Map or issuance of building permits. 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 Cityrp for to occupancy. b) Existing off-site concrete improvements to remain in place shall be repaired if damaged and/or off grade as determined by the Public Works Department, Construction Management Division (559) 621-5500. Such repairs must be completed prior to final occupancy. c) Where required, design and construct curb,gutter,AC paving,and residential sidewalk patterns to Public Works standards, specifications, and policies. Plans shall be prepared by a registered Civil Engineer. Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 5 of 15 d) Streetlights are required on all frontages to City Standards and/or as determined by the City Engineer. Street lighting plans are required and must be approved by the Public Works Department/Engineering Services prior to commencement of the work. e) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. f) Submit four copies of a Geometric Approval Drawing (GAD)to Traffic Engineering for review and approval, per the attached checklist, prior to submittal of street plans. g) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559) 621-8682, for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. 3. SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice Land Surveying in the State of California. (Include this note on the site plan.) PART D - PLANNING/ZONING REQUIREMENTS 1. PLANNING a) Development is subject to the following plans and policies: i) "R-1", Single Family Residential District(§12-211 of the FMC) ii) 2025 Fresno General Plan iii) Woodward Park Community Plan 2. MITIGATION MONITORING REQUIREMENTS Development of the subject property shall be subject to implementation of all applicable mitigation measures, fees, and timelines included within the Initial Study and Mitigated Negative Declaration prepared for Environmental Assessment No. A-11-012/R-11-018/C-11-178/T-6003 and dated June 08, 2012. a) The Mitigated Negative Declaration prepared for the proposed project is tiered off of the 2025 Fresno General Plan Master Environmental Impact Report(MEIR) No. 10130 and Air Quality MND. Development of the subject property shall be subject to implementation of all applicable mitigation measures included within the MEIR and Air Quality HIND for subsequent projects; included herein by reference. Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 6 of 15 3. ZONING a) Approval of Conditional Use Permit Application No. C-11-178 is contingent upon approval of Vesting Tentative Tract Map No. 6003/UGM; and City Council approval of Plan Amendment Application No. A-11-012 and Rezone Application No. R-11-018. • NOTE: The existing covenant for the subject property related to the conditions of zoning established through adoption of City Council Ordinance No. 2001-75/Bill No. B-81 may be released upon Council Approval of Rezone Application No. R-11-018. b) 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 if any proposed revisions have not been previously evaluated within the scope of Environmental Assessment No.A-11-012/R-11-018/C-11-178/T- 6003 and dated June 08, 2012. c) The subject property is proposed to be zoned under the R-1/UGM (Single Family ResidentWlUrban Growth Management)zone district classification. Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the respective R-1 zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-11-178. 4. POPULATION DENSITY a) Pursuant to the proposed Medium Density Residential planned land use designation for the subject property;the subject property shall be developed in accordance with Vesting Tentative Tract Map No. 6003/UGM and Exhibit(s) "A" of Conditional Use Permit Application No. C-11-178. i) Based upon the number of dwelling units(du)allowed per acre, respective to the Medium- Density Residential planned land use designation, the subject property is required to be developed with between 4.99-10.37 du/acre to meet the density requirements of the 2025 Fresno General Plan and FMC. • NOTE: Pursuant to Vesting Tentative Tract Map No. 6003/UGM and Conditional Use Permit Application No. C-11-178, the subject property is proposed to be developed at an overall density of approximately 8.53 du/acre. 5. BUILDING HEIGHT a) No building or structure erected in the R-1 (Single FamilyResidentia/)zone district shall have a height greater 35 feet. • NOTE: Exceptions. Over height structures may be approved by the City of Fresno Planning Commission or Director of the Development and Resource Management Department. However, no roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 7 of 15 b) Residential units constructed on Lots 9-18 of Vesting Tentative Tract Map No.6003/UGM shall not exceed one-story in height. c) No accessory building erected on the subject property shall have a height greater than one story, not to exceed 12 feet in height. All accessory buildings on the subject property are subject to the provisions of Section 12-306-N-1 (Accessory Buildings) of the FMC. 6. BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS a) Setbacks and spaces between buildings shall be provided in accordance with Exhibit(s)"A"of Conditional Use Permit Application No. C-11-178; and, the following: • NOTE: Any proposed deviation from the building setback envelopes established by Exhibit "A" of Conditional Use Permit Application No. C-11-178 requires a revision to Conditional Use Permit Application No. C-11-178. b) 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-11-178. 8. OPEN SPACES AND LANDSCAPING The subdivider shall provide and maintain all landscaping (and irrigation systems) in accordance with the following: a) A landscape and irrigation plan, prepared by a landscape professional, shall be submitted to the Development Services (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) Proposed Outlots "B" through "E" of Vesting Tentative Tract Map No. 6003/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 in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. c) All yards (including private) and areas designated for open space purposes shall be landscaped and maintained in accordance with Sections 12-306-N-24 of the FMC. Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 8 of 15 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 for the planting of trees on-site per FMC Section 12-306-N-24-g; except as may be modified herein below: i) Planting of on-site trees shall occur in accordance with the landscape plan which is required to be submitted to the Development Services (Planning) Division for review and approval prior to issuance of building permits. ii) Trees shall be planted in all landscaped areas required in the conditions of approval for Vesting Tentative Tract Map No. 6003/UGM in order to shade and enhance adjacent property and public rights-of-way. f) No building permit shall be issued for any development for which a special permit has been issued until the requirements for street trees as provided in Article 3 of Chapter 11 of the FMC have been met and street tree inspection fees paid pursuant to the Master Fee Schedule. • NOTE: Street trees shall be planted by the property owner and shall be inspected by the City pursuant to the payment of street tree inspection fees. i) Comply with the Street Tree , Buffer and Median Island Landscaping and Maintenance requirements included within the attached Department of Public Works, Streets Division memorandum from the Parks Supervisor dated January 05, 2012. • NOTE: The Department of Public Works may approve a request for waiver of street tree requirements if the applicant agrees to plant the minimum number of streets trees required based upon the linear feet of street frontage on private property within ten feet of the back of the sidewalk. Based upon the proposed building setbacks of proposed structures to public rights-of-way, street trees may not be required to be planted within a 10-foot Public Planting and Utility Easement(to be determined by the City Engineer). • NOTE: The number and location of street trees for the proposed project shall be approved by the Department of Public Works, Parks Supervisor prior to approval of landscape plans and prior to issuance of a street tree planting permit. The 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. Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 9 of 15 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 Development and Resource Management Department. (Include this note on the site plan and landscape plan.) h) All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight, or disease, and any such vegetation which shows signs of such damage or injury at any time shall be replaced by the same, similar, or substitute vegetation of a size, form, and character, which will be comparable at full growth. i) Landscaping shall be kept free from weeds and undesirable grasses. j) Landscaping must be in place before issuance of the certificates of occupancy for proposed structures. i) A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Development and Resource Management Department. (Include this note on the site and landscape plans.) • NOTE: The hold on occupancy may be released at the discretion of the Development and Resource Management Department to subjectively accommodate inappropriate planting conditions, which are outside of the control of the developer/subdivider (e.g. weather conditions which may be prohibitive to planting in a timely and appropriate manner, etc.). • NOTE: The use of utilities for temporary occupancy may be allowed by the Building Official pursuant to FMC Section 13-100.110.1.2 et seq. ii) Prior to granting of final occupancy, a written certification, signed by a landscape professional approved by the Development and Resource Management Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Development and Resource Management Department. (Include this note on the site and Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 10 of 15 landscape plans.) 9. FENCES, HEDGES, AND WALLS Fences, hedges and walls shall be provided in accordance with the following: a) All proposed fences, hedges and walls, etc. shall be reviewed and approved priorto 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-11-178. Note that all proposed/existing fences, hedges and walls must comply with all policies, ordinances, regulations, etc. of the City of Fresno, Development and Resource Management Department. ii) Submit a rendering depicting the fence, hedge or wall height, material, location etc. for review and approval. • NOTE: Only those fences, hedges and walls as shown on the site plan shall be reviewed for approval. b) Construct a 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 behind the required 20-foot wide landscape easement along the north property line of all lots with frontage along East Copper Avenue (i.e., Lots 11-30 & 35-37 of Vesting Tentative Tract Map No. 6003/UGM. c) 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 behind the required 20-foot wide landscape easement along the west property line of all lots with frontage along North Maple Avenue (i.e., Lots 1-11 & 65 of Vesting Tentative Tract Map No. 6003/UGM. d) Fences within the interior of the planned development shall be located behind any required end-block landscape areas as required by the conditions of approval for Vesting Tentative Tract Map No. 6003/UGM. e) Street side yard fences on reversed corner lots shall be setback a distance equal to, or greater than, the required front yard setback for the abutting key lot. f) 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. i) Entryway gates and fences or walls shall be provided in accordance with Exhibit(s)"L" of Conditional Use Permit Application No. C-11-178 and the conditions of approval for Vesting Tentative Tract Map No. 6003/UGM. g) 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, Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 11 of 15 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. 8. ACCESS a) There shall be adequate vehicular access from a dedicated and improved street, service road or alley, the design of which shall be approved by the Director of Public Works. i) Vehicular access shall be provided from any frontage other than the primary frontage (Fulton Street)where available. 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-11-178. 9. OUTDOOR ADVERTISING AND MARKETING a) Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Development Services (Planning) Division's Public Front Counter. (Include this note on the site plan). 10. BUILDING STANDARDS AND ELEVATIONS Final building elevations for all structures proposed to be constructed on the subject property shall be submitted to the Development and Resource Management Department, Development Services Division for approval prior to issuance of building permits. The design of the project should address the goal to create a pedestrian scale atmosphere with quality architecture in order to create and achieve a vibrant, livable, walkable, economically viable and sustainable community to enhance the urban form. Buildings should generally be designed to strengthen street scene, integrating private and common area spaces such as to maximize pedestrian use, enjoyment and amenity associated with the planned development. Building elevations shall comply with the following requirements: a) 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. Submit elevations inclusive of modifications for review and approval. i) Buildings shall have an attractive appearance on all sides, not just on their front elevations. Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 12 of 15 Side and rear elevations which are visible from the public rights-of-way or which are adjacent to common areas or paths of travel should incorporate aesthetic enhancements to reinforce the quality and character of the development. Design features such as the extension of roof treatments to the sides and backs of buildings; provision of overhangs, awnings and sunscreens; and, use of texture, relief, and/or color can be utilized to add interest to otherwise blank walls. • NOTE: Aesthetic enhancements may include a variety of elements including incorporation of architectural character defining features, details and materials, landscaping, decorative fencing, etc. Contact the Development and Resource Management for further information and/or recommendations. Development and Resource Management Department approval shall be obtained for respective elevations of the proposed structures prior to issuance of building permits. ii) Elevations which are visible from the public streets rights-of-way shall incorporate aesthetic enhancements pursuant to the recommendations included herein above. iii) 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. iv) 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. v) Garage doors with decorative features (which may include windows)shall be provided for each dwelling on all lots within the planned development. vi) Where proposed, attic vents shall be decorative, consistent with the style and character of each structure. b) In accordance with City of Fresno guidelines and recommendations from the Fresno Police Department for crime prevention through design, appropriate lighting shall be provided on-site to enhance the appearance of the neighborhood while simultaneously providing a sense of security and safety in order to make it possible to use outdoor living spaces after nightfall. i) Residential lighting fixtures should be scaled to be in keeping with the pedestrian nature of the planned development. ii) Lighting should be designed to make yard and common areas more livable and to allow neighbors to gather and socialize in the evening hours. iii) Lighting fixtures should complement the architectural style of the structures in terms of both color and style. Fixtures attached to structures and complementing their style are preferred. iv) Eave-mounted spotlights should be limited to interior yards and used only to illuminate after-dark activities. The light from these spotlights should be shielded or aimed to Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 13 of 15 eliminate glare escaping into neighbors' yards and windows. c) Clearly identify all condensing units, air conditioning and heating units on the site plans and elevations. i) Mechanical equipment placed on the ground within side yard areas shall not obstruct or impede access for emergency service personnel. Maintain minimum 3-foot wide clear paths around equipment; or, provide approval from the City of Fresno Fire Department respective to mechanical equipment locations. ii) Roof mounted mechanical equipment shall be recessed and shall not be visible from the public right-of-way.When placed on the ground outside of required yards, condensing units and mechanical equipment shall be screened from view of the public right-of-way with structures, fencing and/or landscaping as may be appropriate. 12. DEVELOPMENT IMPACT FEES City of Fresno Development Impact Fee obligations applicable to this project shall be satisfied in accordance with the fee schedule outlined within the conditions of approval for Vesting Tentative Tract Map No. 6003/UGM dated February 15, 2012. The specified fees will be payable at time of recordation of a Final Map, issuance of building permit, at time of issuance of certificate of occupancy, or may be eligible to be deferred with a fee deferral covenant. PART E - CITY AND OTHER SERVICES 1. STREET TREES, BUFFER, PARKWAY AND MEDIAN ISLAND LANDSCAPING a) Comply with all of the: (1)Street Tree;(2)Buffer Landscape& Maintenance; (3)Median Island Landscape; and, (4) Outlot requirements included within the Department of Public Works, Streets Division memorandum dated January 05, 2012. 2. TRANSPORTATIONrfRAFFIC PLANNING and FAX REQUIREMENTS a) Comply with all of the requirements included within the attached Public Works Department, Traffic and Engineering Services Division memorandums dated March 30, 2012 and January 06, 2012; and the following: i) Comply with all of the requirements included within the attached Fresno Area Express memorandum dated January 23, 2012. 2. PUBLIC UTILITIES REQUIREMENTS a) Comply with all of the requirements included within the attached Department of Public Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated January 09, 2012. b) Comply with all of the requirements included within the attached Department of Public Utilities, Water Division memorandums dated January 24, 2012 and March 23, 2012. Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 14 of 15 3. SOLID WASTE COLLECTION a) Comply with all of the requirements included within the attached Department of Public Utilities, Solid Waste Division memorandum dated March 21, 2012; with the following exceptions: • NOTE: Where covenants are required for solid waste purposes, such exceptions as are provided below shall be approved by the Department of Public Utilities,Solid Waste Division prior to recordation of a Final Map. i) The proposed planned development maybe eligible for a green waste container exemption subject to establishment of a Homeowners' Association (HOA) providing appropriate provisions for landscape maintenance. Contact the Department of Public Utilities, Solid Waste Division for further information. 5. FIRE PROTECTION REQUIREMENTS a) Comply with all of the requirements included within the attached City of Fresno Fire Department memorandum dated January 09, 2012. 6. FLOOD CONTROL REQUIREMENTS a) Comply with all of the requirements included within the attached Fresno Metropolitan Flood Control District memorandum dated January 23, 2012. 7. COUNTY OF FRESNO, DEPARTMENT OF COMMUNITY HEALTH a) Comply with all of the requirements included within the attached County of Fresno Department of Public Health memorandum dated January 23, 2012. 8. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT a) The subdivider/developer shall comply with all regulations and rules applicable to the development of the subject property in accordance with SJVAPCD requirements and the mitigation measure requirements included herein above. • NOTE: These rules and regulations may include, but not be limited to, compliance with Regulation VIII for the control of particulate matter and fugitive dust during construction of this project and Rule 8060 for the control of fugitive dust from paved and unpaved roads. 9. CLOVIS UNIFIED SCHOOL DISTRICT a) Attached for the applicant/developer's records and consideration is the memorandum from Clovis Unified School District dated February 24, 2012. i) The developer will be required to pay the District's school facilities fee at the time of building Conditions of Approval Conditional Use Permit Application No. C-11-178 July 25, 2012 Page 15 of 15 permit. • NOTE: New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. 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 (559.621.1345) Streets Division DATE: January 5, 2012 SUBJECT: Tract 6003 (APN: 578-010-38 & 578-010-44) located on the southeast corner of North Maple and East Copper Avenues. The Department of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Brent McCaffrey of the McCaffrey Group and proposed landscape plans from Broussard Associates, dated October 27, 2011. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street rights-of-ways: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages 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. A. The designated street tree for E. Copper Ave. is: Quercus lobata Valley Oak The proposed landscape plans show twenty six (26) Quercus lobata street trees on E. Copper Ave. in the parkstrip. Only fifteen (15) are required. B. The designated street tree for N. Maple Ave. is: Quercus virginiana Southern Live Oak The proposed landscape plans show twenty (20) Quercus virginiana street trees at 30' o.c. with an additional twenty (20) in the buffer planted within seventeen feet (17') opposite the street trees. The Q. virginiana tree grows to a height and width of forty feet (40') and has a superficial root system. The design does not address the full size of the tree at maturity and the root system need for space. The landscape design will need to be amended to accommodate the tree species. Only twelve (12) street trees are required. 2. Street Tree Planting by Developer: Tree planting shall be within an 8'-10' Public Planting and Utility Easement. 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. 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. 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 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. 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 median islands within the limits of the project. NORTH MAPLE AVENUE: There are approximately 175 linear feet of median island amenities to be included on North Maple Avenue fronting this development. The existing median island has curbing, an 8" PVC sewer mainline approximately 16.7 feet below grade, a water meter (#60467060; 10782 Maple Ave.) and landscaping to the south of this project adjacent to Tract # 5110. Please match the existing landscaping design for continuity. EAST COPPER AVENUE: There are approximately 900 lineal feet of existing median islands fronting this property on E. Copper Ave. The curbing and a portion of the stamped concrete has been installed along with an 8" PVC sewer line approximately 12' below grade. The developer will be required to finish installing the stamped concrete on this island. No landscaping will be required for this section. 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. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). The Outlot for this project is located internally and will be included in the Home Owner's Association. 2. Outlots which are utilized for water well purposes will not be included in the CFD. The Water Division Department in Public Utilities will provide the maintenance of all plant material on the well site. City of rn -o4I► DATE: FebFuaFy-', 2012 March 30, 2012 Revision TO: Will Tackett Development and Resource Management Department THROUGH,.- M. S604:�„ISF, PE Git"TfaffiG FEROiRBOF FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Traffic & Engineering Services Division SUBJECT: Public Works Conditions of Approval TT 6003/ C-11-178, (Southwest corner of Copper and Maple) CIAO PROPERTIES, LLC/ Morton & Pitalo, Inc. 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. 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: 8' minimum dedications for pedestrian easements are required for the modified cross sections. Additional width may be required to accommodate the ramps. 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. Design local streets with a minimum of 250' radius. 6. Outlots: Private 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. 9. Private Irrigation Pipe: If RGt abandORed, MaRagemeRt DepaFtmeAt. Changes made per Scott Mozier at the City Engineer's Meeting on January 6, 2012. All piping shall be located outside of the proposed street right of way. Any piping across city streets shall be rubber gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit engineered plans to Public Works Department, Traffic and Engineering Services Division for review and approval. Identify the proposed easement and provide a final cross sectional detail on the map. Page 1 of 6 TATraffic Planning\TRACT MAPS\6000\T-6003 SE COR COPPER_MAPLENT-6003 REVISION SE COPPER&MAPLE.doc Frontage Improvement Requirements: Major Streets: Copper Avenue: Arterial 1. Dedicate 89'-100' of property, from section line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards. Submit a GAD drawing to Scott Tyler prior to submitting street plans and Planning Commission. 2. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb shall be constructed to an 8' residential pattern. Construct a 6' minimum residential sidewalk per Public Works Standard P-52. Since the applicant is proposing a non-standard cross section, an 8' Pedestrian Easement is required as identified on the map. 3. Construct 20' of permanent paving within the limits of this subdivision. 4. Construct an 80' bus bay curb and gutter at the southeast corner of Copper and Maple to Public Works Standard P-73, complete with a 10' monolithic sidewalk. 5. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-7 for Arterial Streets. 6. Relinquish direct vehicular access rights to Copper Avenue from all lots within this subdivision. Maple Avenue: Arterial 1. Dedicate 55'-73' of property, from section line, for public street purposes within the limits of this subdivision to meet the City of Fresno's Arterial Standards. Submit a GAD drawing to Scott Tyler prior to submitting street plans and Planning Commission. 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 Maple Avenue from all lots within this subdivision Interior Streets: Private Construct sidewalks on both sides of the street or as otherwise required by a pedestrian access plan approved by the City of Fresno, in accordance with Resolution No. 2010-280. Specific Mitigation Requirements: This subdivision is proposing 118 single family dwelling units. Our review indicates that this subdivision will generate a total of 1129 average daily trips, 88 a.m. / 120 p.m. peak hour trips; therefore, a Traffic Impact Study(TIS) is required. Comply with the mitigation measure requirements of the Assistant Traffic Engineering Manager in the attached letter dated January 6, 2012. 1. Relinquish direct vehicular access rights to a. the south property line of lot 4-19. b. the east property line of lot 30-35. c. the west property line of lot 351. 2. The intersection of : a. Maple and Road b E shall be limited to right-out turns. Page 2 of 6 TATraffic Planning\TRACT MAPS\6000\T-6003 SE COR COPPER_MAPLE\T-6003 REVISION SE COPPER&MAPLE.doc b. Copper and Road A shall be limited to right in and right-out turns designed a paFtial Fnedian epeRiRg te allow f9F Fight iR, Fight Out and left OR tUFRS GRIY. 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. Entry Gate: Provide a minimum of 75'from the proposed gate to the back of walk, for vehicle stacking at both entrances and redesign to provide for an onsite turn around. Submit the redesign to Louise Gilio at least one week prior to the Planning Commission Hearing for review and approval. Exhibits A-1 and A-2 are not the same at the proposed entry along Copper. Design such that the curb ramps allow the pedestrian to travel out of the flow of traffic. See Exhibit A-2. 5. Provide a detail of the areas shown with dead-end outlots. Identify vehicular ingress/egress. 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 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. The applicant shall design and install detectors, complete-in-place, to the City of Fresno Standards at the northbound approach on Maple. They shall obtain City approval of the plans prior to occupancy of the first dwelling unit. This work eligible for reimbursement and/or credit against Traffic Signal Mitigation Impact Fees. Fresno Maior Street Impact(FMSI) Fee: This Map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide regional street impact fees. Fresno Malor Street Impact(FMSI) Requirements: Copper Avenue: Super Arterial (New Growth Area) 1. Dedicate and construct transition paving, as needed within the limits of this subdivision. Dedications and paving shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. Page 3of6 TATraffic Planning\TRACT MAPS\6000\T-6003 SE COR COPPER_MAPLE\T-6003 REVISION SE COPPER&MAPLE.doc Maple Avenue: Arterial (New Growth Area) 1. Dedicate and construct transition paving, as needed within the limits of this subdivision. Dedications and paving shall be sufficient to accommodate arterial standard and any other grading or transitions as necessary based on a 55 MPH design speed. 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.fresnogM.org. Provide proof of payment or exemptionrp 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 outlots 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. • 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 4of6 TATraffic Planning\TRACT MAPS\6000\T-6003 SE COR COPPER_MAPLE\T-6003 REVISION SE COPPER&MAPLE.doc 41 NJ F- — kk �.11 f CL Wq Tj 3 C)0MU R CI U_ z CL (WO 01 C. u cc LU ZIP c 2 ; Cl) LLI > 5 V it < X1 f 0 =Z) 0 =z 0. (zn LOL Z Lu 3 z = :C LL, LL. 0 t C=) Lj_ LZ ca z— ca LU iAf I LU U. OV08 :E CD 7x LU 0 a. U) e; co a: c. co LO L .:95 II�l .W 2 hs Itill 11f 11' 31 1 j�., if- '16, jj nq I 61 v all- WIN 1—tI-it III ,a b. 1 2 , - I fill 'Al Jai, If !ills- irrsr+s J4 _ oty Faaa r4a 1S2-MW Raftwo"oupwinard XX-"W* w-4%4 Prrrck MiQ+7a.DittW rMWs !7A t- I ^uary6;2012 TJKM Transportation Cocsukents Jaae Berravidcs, '.E. •_ W.Sh-•r - .. -200 Fresno,CA 93704-.'.515 SUBJECT: REVIEW OF TRAFFIC WACT ANALYSIS(TLA)FOR THE PROPOSED 6714FRAL PLAN AMENOWNT A-114)12,R-11-018,C-11,178 FOR TT WW,LOCATED ON THE SOUTHEAST CORNER OF COPPER ilk MAPLE AVEN_ S TIS 12-001 DATED DECEMBER 22,2011 TRAFM M PA CT A NAL YStS APPRO VW POR Pt AAWNG CONWSSION We FrAvu revs-� the Traffic Impact Ana:y:,_ MA)prapared by TJKAI for the proposed"proms that proposes a Genet l Plan Amendment at .a 13.1 acre sib from the cunent :zxnnwcU Land tae 10 mediu -density re&4enttel usa.Tha pmjod wil be compri■red of 118singla-tamly(". -.2-unit,. GENERAL C019AENTS and CONDITIONS 1. imp generation basad on the InaibM of Transportation Engk* rc(ITE)Trip Generation Naruat is arcep`��-b for to Singte Family RwsidenYul use (ITE code 210), The proposed pro.ad w gene 7.'.-11,129 urar.d4e"49 Pips(ADT ,89 trips during t-io AAA peak hour amid 118 trigs during t .r PM pack hour. The existing General Plan land uses generate 15.511 ADT,614 trips during the AM pewit hour and 1.386 taps cdu'.ng ft PM peak hour based on 178,150 SF of Shopparg Center(ITE oWe 820}, 5,000 SF of Fast-Food Res'.wuant wiri Driw-?hra*h (rTE code 934) and 52.620 SF of Supemtarket(ITE code 850). 'L. n-i 'mpa"I[pay its Trac Sigrtai hftation hrpad(TSMI) Fee of$47.12 per ADT, per the V--;s-•r Fes Schadu;6.a:Me time d buiidN permit.Based on the reported ADT(ITE Cade 210)k r the proper projec.the tea would be S53:198.46 payabat:at tune of butd w g prm',L The T-W1 fee fart :rtas project kriped mdigetion b Uta Ctty of Fresno Treflic Synal knfraatnrdura so that costs are app-ie?to each rww pro.czlbu u -based on tte generelad ADT.The TSLMI tee is orw ted ag+lnsi traffic signal ttsta11.abmtmDdrraoorls andtar It%luftans Tranaltortalan System (ITS)irnprovaments(oonctrt decd at their ultimate location)that plan to build out the 2025 Genen l Plan t bion element and are Included in the Nexus S&W for the TSMi fm.The TW fee regi'... updai.:I Ra riaw%miTic signals are addul new grant funds oHaets de'•. costa,andbr cordtrt cbW*o%;% InameWdecrame. if t1;a prc.,ct is cond.tiorrad,.;,_r trallie signal im,-rrr+vements i•, emrDe3t: of their TS1609 lee amount, the appkwd may r-py for fee credits (6 mrityibon" ;arrdiar developer agreement taguirsd)anJlar for work in excess d -iir tea ai ,n-,as tie infraatruchAm Is place at the uki mtata bcadcn The applic n'ah old worts with the Pub :_Warps Departrra L Idantiy,wits sa Prdessional Eronew''s eslivwW,the costs assc::,.:sd v'Lh'.•:i! rnprpvements I.'_r to paying the TSAR fee to determine any BCSn nable fee a mtdror rekrlburserraeolkt. Page 5 of 6 T:\Traffic Planning\TRACT MAPS\6000\T-6003 SE COR COPPER_MAPLE\T-6003 REVISION SE COPPER&MAPLE.doc Project specific impacts that are not consistent with the 2025 General Plan, Public Works Standards, and/or are not incorporated into the TSMI fees are not eligible for TSMI fee reimbursement unless the City Engineer and City Traffic Engineer include the new traffic signal and/or ITS infrastructure in the next TSMI fee update and the applicant agrees to pay the new 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. 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;, �s -org. Provide proof of payment or exemption,based on vesting rights,prior to issuance of building permits. 5. This project shall construct bike lanes on the project's frontage along Maple and Copper Avenues to connect with adjacent bike lanes existing northbound on Maple Avenue and eastbound on Copper Avenue.The bike lanes shall meet City of Fresno Public Works Standards. 6. The project shall construct the project entrance on Copper Avenue to accommodate a storage length of 75'between the driveway and the automatic sliding gates. 7. The proposed project shall make necessary improvements and right-of-way dedications along adjacent public street(s)per City of Fresno standardstrequirements. 8_ The proposed site plan shall be reviewed and approved by the City of Fresno Traffic&Engineering Services Division,Traffic Planning Section. If you have any further questions regarding this matter, please contact me at (559) 621-8792 or jill.gormlevC�fresne,gc,-.,. Sincerely, Jill Gormley,TE Assistant Traffic Engineering Manager Public Works Department,Traffic&Engineering Services C: Traffic Engineering Reading File Copy fled with Traffic Irnpact Analysis Scott Tyler,PE.City Traffic Engineer Mike Sanchez.Planning&Development Dept- Louise Gilio.Traffic Planning Supervisor Will Tackett.Planning&Development Dept. Page 6 of 6 T:\Traffic Planning\TRACT MAPS\6000\T-6003 SE COR COPPER_MAPLE\T-6003 REVISION SE COPPER 8 MAPLE.doc DEC-23-2011 09:58 P.00i/001 a I A IV Ur t:A1JrY"JA-bQ51J hbN.1 KANJYUKI Al KJW AWIt tLWW5J;J AUM%-Y rrlmurn i V.DKV W W A..weVr11A DEPARTMENT OF TRANSPORTATION DISTRICT 6 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 Flex your power! PHONE (559)445-5868 Be energy eQ9c[entl FAX (559)488-4088 TTY (559)488-4066 December 23,2011 2131-IGR/CEQA 6-FRE-41-31.6+/- A-11-012, R-11-018,VTMT-6003, C-11-178 THE McAFFREY GROUP Mr. Will Tackett City of Fresno Development and Resource Management 2600 Fresno Street,Third Floor Fresno,CA 93721 Dear Mr. Tackett: We have completed our review of the proposal for a 118 single-family residential planned unit development on 16.79 acres at the southeast comer of North Maple Avenue and East Copper Avenue. Caltrans has the following comments: Based upon ITE Trip Generation rates it is estimated that the proposed project could generate 118 PM peak hour trips. Due to this projects location,it anticipated that the project would contribute trips to both State Route(SR)41 and SR 168. It is anticipated that the City would require the project to mitigate traffic-related impacts by paying into the Fresno RTMF program as well as the City's TSMI program. If you have further questions,please call me at(559)445-5868. Sincerely, MICHAEL NAVARRO Office of Transportation Planning District 06 "Caltrans Improves mobility across California" Total P.001 Will Tackett From: Christopher Preciado Sent: Monday, January 23, 2012 4:42 PM To: Will Tackett Subject: Vesting Tentative Tract Map 6003-UGM, Plan Amendment A-11-012, Rezone R-11-018, Conditional Use Permit C-11-178 Will, RE: Project Address: 2099 East Copper Avenue (southeast corner of East Copper and North Maple Avenues) APN: 578-010-38 and 578-010-44 FAX comments: 1. Provide bus bay per city standards P-69, P-72, and P-73, SEC Copper and Maple. 2. Provide electrical stub-out for constant source of electricity per P-72 and E-35. 3. Provide note on plans as follows: "Contact FAX equipment supervisor for field verification of all transit amenities prior to installation" 4. Contact PW Traffic for depth of bus bay and required transitions. 5. Provide site plan to FAX for review and approval. Thank you, Christopher Preciado Transit Planner II City of Fresno Department of Transportation Planning Division Fresno Area Express 559-621-1463 Christopher.Preciado@fresno.gov i City of X111 al`s ° Qcl�+ l r DEPARTMENT OF PUBLIC UTILITIES D:PU , Date: January 9, 2012 ' wA Providing LMe%EssenVaO Services To: WILL TACKETT, Planner III Planning and Development 4 F;•om: DOUG HECKER, SupervisingEngineering rvisin Technician '' Department of Public Utilities, Planning and Engineering Division Subject: SANITARY SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT 6003/UGM, CONDITIONAL USE PERMIT C-11-178, PLAN AMENDMENT A-11-012, AND REZONE APPLICATION R-11-018 General T-6003-UGM, A-11-012, R-11-018 and C-11-178 were filed by Brent McCaffrey of The McCaffrey Group and pertain to 16.79 gross acres, 13.83 net acres,of vacant property located on the southeast corner of North Maple and East Copper Avenues,2099 East Copper Avenue, APN 578-010-38 and 578-020-44. A-11-012 proposes to amend the 2025 Fresno General Plan and the Woodward Park Community Plan from the neighborhood commercial planned land use designation to the medium density residential planned land use designation,4.99 to 10.37 dwelling units per acre. R-11-018 proposes to reclassify the property from C-1-UGM-cz,Neighborhood Shopping Center-Urban Growth Management-conditions of zoning,zone district to R-1-UGM,Medium Density Residential-Urban Growth Management, zone district.T-6003-UGM proposes to subdivide the property into a 118-lot single family residential subdivision with a 0.4 acre passive pocket park. C-11-178 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 mains to serve the proposed project are an 8-inch main located in North Maple Avenue and an 8-inch main located in East Copper 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 lot. 3. Abandon any existing on-site private septic systems. 4. Connection to the existing 8-inch sewer force main in North Maple Avenue shall not be allowed. 5. 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. 6. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications,and policies. 7. 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 developer's final map and engineered plan &profile improvement drawing for City review. 8. All proposed sewer main easements shall be clear and unobstructed by buildings or other structures. No fencing or wall shall either enclose or be located above the sewer main. The planting plan, for any proposed landscape within the easement, shall be approved by the Department of Public Utilities. No trees shall be located within 8 feet of the Sewer main. Sanitary Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: I. Lateral Sewer Charge. ?. Sewer Oversize Service Area 43. 3. Sewer Facility Charge(Residential Only). 4. Trunk Sewer Charge: Herndon. 5. Herndon Trunk Enhancement Fee. 6. Copper Avenue sewer lift-station service fee. a City oflen loin I" . vwxw=-�m%g DPU 4� DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION .10 Providing Life's Essential Servkei DATE: January 24, 2012 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 Technician Department of Public Utilities—Water Division SUBJECT: WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-6003. REZONE R-11-018, AND CONDITIONAL USE PERMIT C-11-178. General T-6003-UGM, A-11-012, R-11-018 and C-11-178 were filed by Brent McCaffrey of The McCaffrey Group and pertain to 16.79 gross acres, 13.83 net acres, of vacant property located on the southeast corner of North Maple and East Copper Avenues, 2099 East Copper Avenue, APN 578-010-38 and 578-020-44. A-11-012 proposes to amend the 2025 Fresno General Plan and the Woodward Park Community Plan from the neighborhood commercial planned land use designation to the medium density residential planned land use designation,4.99 to 10.37 dwelling units per acre. R-11-018 proposes to reclassify the property from C-1-UGM-cz, Neighborhood Shopping Center-Urban Growth Management-conditions of zoning, zone district to R-1-UGM, Medium Density Residential-Urban Growth Management, zone district. T-6003-UGM proposes to subdivide the property into a 118-lot single family residential subdivision with a 0.4 acre passive pocket park. C-11-178 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 a 14-inch main located in East Copper Avenue and a 14-inch main located in N. Maple 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. 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. 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. 6. 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. 7. 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. 8. 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 . cdC���rl� DPU Y DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION DATE: March 23, 2012 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 Technician rl t')- Department of Public Utilities—Water Division SUBJECT: WATER DEMAND ANALYSIS FOR VESTING TENTATIVE TRACT T-6003. REZONE R-11-018,AND CONDITIONAL USE PERMIT C-11-178. The Water Division has reviewed the Water Usage/Demand Analysis for Tract 6003. The analysis report is approved under the condition that the high efficiency appliances and fixtures outlined in Table 1 are installed in all units as standard features. Cl O) I- LO 00 O) N d' O) I� O O) O) 00 O O) O) It O) O M N O LO LO M > O — N wC LL M M O) 9 N N M T7 O M Q r �j N X 0 0 O O Q N t O N O I O O O cc E. CO O > O a7 (�Q L] -C, N (D M O CD CO O) C LO O) -,t I- M >+ m � OM W O M M .- - O) N (D t.C) .-- N O � � c Y C e- M LO LO (O N (f) O O M X co O) I- O) O (D O 7 (O u7 , O I- O m M -: V� dj In m a) N M I- O) �-- (N O N (O N N O 3 Cha Q C V) � 1 CO M O cm o N >' a) O c0 <n r Q :DN Q — LL a) `° QQca 1 ~ � _ _ a ` �� w ° � OL = @� N C ° C C C p (n c6 o C m " 7 c6 U 1 O a) cn c 9 J Q O _ a _ m CL (D O O to 7 U a) fC 7 CL a)N a) (nO Q v Q a a O c (D O- fC V c6 (D (0 CD (n E 1C m ° cD co co m a) N U) 0) V) V C O -cu 'mo V O OC �- y N N N N O Q N (B (B O M O O 4) fC Lo ti " 0 0 a) -0 a) O) (p . CD m r a Q a C a) a) a Lo — CD (`I')' V) N 3 a r - o - o m O m c is m co a) T (n ° Q ° o o M E ° a) co Of Q p O � L Q Q C U N n — a — O oE E t 0) O cm 0 O U0) m 0) 0 aaE Q) LO 0) O) a) I (n N L 0- CF) I pp p O rn li c .2 ° t a) O L c6 y d CN 0 O U) L L ° La. O- E C C — '0 -a O) O) > O O O a) T (0 EO U ` N 0 L v) L p N O) M V C m >. O L (6 f0 U) cu a) O a) U) O` a) m 0 F- (n m i5 LL J E 0_ N C LL C b c`a m O NC Y City of DEPARTMENT OF PUBLIC UTILITIES March 21, 2012 REVISED TO: Will Tackett, Planner III Development Department, Planning Division FROM: Chris Weibert, Management Analyst 11 V. Department of Public Utilities, Administration SUBJECT: TT 6003, A-11-012, R-11-018, & C-11-178 Solid Waste Conditions of Approval Location: Southeast Corner of North Maple and East Copper Avenues (APN 578-010-38 & 578-020-44) The Department of Public Utilities, Solid Waste Division has completed a review of the Modified Vesting Tentative Tract Map TT 6003, A-11-012, R-11-018, & C-11-178 that was submitted by The McCaffrey Group on behalf of Ciao Properties, LLC. 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 6003 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(11). No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(10). No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Special Conditions: Gated entrances/exits require 18' of clearance. Page I of I Conditions of Approval TT6003,.A-11-012,R-11-018&C-11-178 Revised.docx t 1 "VIA, FIRE DEPARTMENT Date: January 09, 2012 To: WILL TACKETT, Planner 11 Planning and Development Department , Advance Planning From: RICHARD FULTZ, Senior Fire Prevention Inspector Fire Department, Fire Prevention & Investigative Services Subject: T-6003-UGM, A-11-012, R-11-018 and C-11-178 were filed by Brent McCaffrey of The McCaffrey Group and pertain to 16.79 gross acres, 13.83 net acres, of vacant property located on the southeast corner of North Maple and East Copper Avenues, 2099 East Copper Avenue, APN 578-010-38 and 578-020-44. A-11-012 proposes to amend the 2025 Fresno General Plan and the Woodward Park Community Plan from the neighborhood commercial planned land use designation to the medium density residential planned land use designation, 4.99 to 10.37 dwelling units per acre. R-11- 018 proposes to reclassify the property from C-1-UGM-cz, Neighborhood Shopping Center-Urban Growth Management-conditions of zoning, zone district to R-1-UGM, Medium Density Residential-Urban Growth Management, zone district. T-6003-UGM proposes to subdivide the property into a 118-lot single family residential subdivision with a 0.4 acre passive pocket park. C-11-178 proposes a gated planned unit development with private streets and modified property development standards, lot area, lot dimensions, lot coverage, and building setbacks. Hydrants Public streets hydrant(s) must be installed. Coordinate street hydrant locations with Public Works. Fire hydrants shall be installed, tested, approved, and all surface access roads shall be installed and made serviceable prior to and during the time of construction. The hydrant 4 1/2" outlet shall face the access lane. General Two means of ingress/egress must be provided. This access must be maintained during all phases of development. All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. All required fire access lanes shall be provided and maintained with an approved 'all weather' surface capable of supporting 80,000 lb. vehicles (minimum 4" of base rock over compacted or undisturbed native soil or per approved engineered plans) year-round and with 24 feet minimum width or other approved method that would prevent shoulder degradation. 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." All gates on common access drives shall be equipped with approved Police/Fire bypass locks (BEST LOCKS: Padlock 21 B700 series or Cylinder lock 1 W7132). Gates/fences shall not obstruct the minimum width required for fire lanes. Emergency Access Only Roadways Emergency accesses are required to be dedicated fire protection easements. Gates, posts or other barriers suitable to the Fire Department are required to be installed at the entrance to an "emergency access only" roadway. The entrance to all emergency accesses shall be posted with permanent signs: "FIRE ACCESS (6" LETTERS) vehicles removed at owner's expense (2" letters) FRESNO POLICE DEPARTMENT 621-2300 (1" letters). All gates on the "emergency access roadway" shall be fitted with a Police/Fire bypass lock (BEST LOCKS: Padlock 21 B700 series or Cylinder lock 1 W7132). Gates/fences shall not obstruct the minimum width required for fire lanes. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.45 NOTICE OF REQUIREMENTS Page 1 of 4 PUBLIC AGENCY DEVELOPER WILL TACKETT BRENT MACCAFFREY-THE MCCAFFREY DEVELOPMENT SERVICES/PLANNING GROUP CITY OF FRESNO 7020 N.VAN NESS BLVD. 2600 FRESNO STREET,ROOM 3043 FRESNO,CA 93711 FRESNO,CA 93721-3604 PROJECT NO: 6003 ADDRESS: 2099 E.COPPER AVE. l { APN: 578-010-38,44 SENT: l Drainage Area(s) Preliminary Fee(s) DE $0.00 TOTAL FEE:$0.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental . Policy Act.The 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 reap at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: a.) Fees related to undeveloped or phased portions of the project may be deferrable. Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under b.) which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c.) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, e') reimbursement 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. X a. Drainage from the site shall BE DIRECTED TO COPPER AND MAPLE AVENUES. b. Grading and drainage patterns shall be as identified on Exhibit No. C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. 1 as "MASTER PLAN FACILITIES TO BE X 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 X Storm Drain Plan X Water&Sewer Plan X Final Map Other None Required 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), X b. The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service. Permanent drainage service will not be available. The District recommends temporary facilities until C. permanent service is available.TEMPORARY SERVICE IS AVAILABLE THROUGH d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessitating appropriate floodplain management action. (See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. The subject site contains a portion of a canal or pipeline that is used to manage recharge,storm water, 6. and/or flood flows.The existing capacity must be preserved as part of site development.Additionally,site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES) permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities,approved August 1999, (modified December 2002) A State General Construction Permit is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre\if part of a larger common plan of development or sale). Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April, 1997 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit:manufacturing; trucking:recycling:and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and 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 MA 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 MA minimize contact with materials which may contaminate storm water runoff. MA 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. cc 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 Neda Shakeri 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: RYAN OXEEFE-MORTON&PITALO,INC. 75 IRON POINT CIRCLE,SUITE 120 FOLSOM,CA 95630 c z 0 ■ f� co 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 NOTE: THIS MAP IS SCHEMATIC DISTANCES ARE APPROXIMATE. � I I NI I I W I 0 ----- -----i ti° ---- - r� --- COPPER AVf——— —— I, -- - =tea I s �� -�,� �! ,��Q►; ,tip ',�:,, , � C`— _ - a2-_, ..DE.. -i I ! / I � iI 1 —-------------- ---- 3B r � 1---- C1 C I 8_LI © SARAZEN AVE sWc I I 0 LEGEND © Master Plan Inlet To Be Constructed By Either The District Or The Developer(Reimbursable) 1 "=200' 0- - Existing Master Plan Facilities M Future Master Plan Facilities -———— Inlet Boundary TRACT 6003CUP 2011-178 —�-�- Direction of Drainage DRAINAGE AREA "DE" EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Prepared by keilhr Date:1/2312012 Path:KWulocadlDMSIOEXHIBITITRACTS16003.mxd OTHER REQUIREMENTS EXHIBIT NO. 2 Runoff from this site has historically drained toward the southeast corner of Maple and Copper Avenues with substantial differential in grades within the site. To avoid major regarding of the site, the District is requesting a street or channel be provided near the northwest corner of the project. If the developer prefers, the District will construct the Master Plan facilities required of this development if notified in writing. Should the developer so choose, the developer would be required to design the Master Plan facilities in conjunction with his improvement plans. The facilities would then be constructed by a District contractor in coordination with the developer's project. The developer must provide adequate notice to the District to insure the Master Plan storm drainage facilities are constructed before the street improvements and prior to occupancy of the development. Should the developer desire the District construct the facilities, only the aforementioned notice to the District is required and no development agreement would be required. If the developer decides to extend the storm drain pipe inside the tract/cup, one inlet will be considered a Master Plan inlet and eligible for reimbursement. Development No. Tract 6003 en gripe rm i tskx h i b i t2\tract\6003(ns) CO U� County of Fresno "i Department of Public Health C Edward L. Moreno, M.D.,M.P.H.,Director-Health Officer FRES January 23, 2012 999999999 L00016257 Will Tackett PE 2602 City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Mr. Tackett: PROJECT NUMBER: A-11-012, R-11-018, T-6003, C-11-178 Plan Amendment Application No. A-11-012, Rezone Application No. R-11-018, Vesting Tentative Map of Tract No. 6003/UGM, and Conditional Use Permit Application No. C-11-178 were filed by Brent McCaffrey of-rhe McCaffrey Group and pertains to 16.79± gross acres (13.83± net acres) of vacant property located on the southeast corner of North Maple and East Copper Avenues. Plan Amendment Application No. A-11-012 proposes to amend the 2025 Fresno General Plan and Woodward Park Community Plan from the neighborhood commercial planned land use designation to the medium density residential planned land use designation (4.99 to 10.37 dwelling units per acre). Rezone Application No. R-11-018 proposes to reclassify the property from C-1/UGM/cz (Neighborhood Shopping Center/Urban Growth Management/conditions of zoning) zone district to R-1/UGM (Medium Density Residential/Urban Growth Management) zone district. Vesting Tentative Map of Tract No. 6003/UGM proposes to subdivide the property into a 118-lot single family residential subdivision with a 0.4 acre passive pocket park. Conditional Use Permit Application No. C-11-178 proposes a gated planned unit development with private streets and modified property development standards (lot area, lot dimensions, lot coverage, and building setbacks). APN: 578-010-38 and 578-010-44 ZONING: from C-1/UGM/cz to R-1/UGM SITE ADDRESS: 2099 East Copper Avenue Recommended Conditions of Approval: • Appropriate measures should be incorporated into the project to minimize potentially significant short-term localized noise impacts to noise sensitive receivers caused by the operation of construction equipment. Construction specifications for the project should require that all construction equipment be maintained according to the manufacturers' specifications, and that noise generating construction equipment be equipped with mufflers. In addition, consideration should be given to limiting noise-generating construction activities to daytime hours as specified in your City's municipal code. 1221 Fulton Miall/P.O.Box 11867/Fresno,California 93775/(559)600-3271 /FAX(559)445-3301 Equal Employment Opportunity•Affirmative Action-Disabled Employer Will Tackett A-11-012, R-11-018,T-6003, C-11-178 January 23, 2012 Page 2 of 2 • Construction permits for development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at(559) 445-5116. • Construction permits for the development should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services, Division of Drinking Water and Environmental Management(DDWEM). For more information call (559)447-3300. • All water wells (not intended for use by the project) and septic systems that exist or have been abandoned within the project area shall be properly destroyed by an appropriately licensed contractor. Prior to destruction of agricultural wells, 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. • Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at(559) 600-3271 for more information. REVIEWED BY: D'guty`gned by lane)Gardner Janet Gardner DN—J—C GaNner,ric mlmnmenitl kal h C h a nu=Fre•ro Caunry PuElk Healrh Departmem, mail=:yaMnerp[o.lrnno<aur,=US W!,.2012.01.2313M.11-08 W R.E.H.S., M.P.H. Environmental Health Specialist III (559)600-3271 A cc. Steven Rhodes, Supervising Environmental Health Specialist(CT 5504) Wayne Fox, Supervising Environmental Health Specialist T-6003,A, R, C McCaffrey CLOVIS U H I » I E D SCHOOL DISTRICT Governing Board February 24, 2012 Sandra A.Ber�gel Christopher Casado Mike Sanchez Brian D.HeryFord Planning Manager Glnny Hovseplan City of Fresno Elizabeth J.Sandoval Development & Resource Management Dept. F.Scott Troescher 2600 Fresno Street,Third Floor Ilm Van Volkin burg,D.D.S. Fresno, CA 93721 Subject: Plan Amendment Application No. A-11-012, Rezone Application No. R-11-018, Administration Conditional Use Permit Application No. C-11-178 and Vesting Tentative Tract Map No. Janet L.Young,Ed.D. 6003/UGM; Southeast corner of Copper and Maple Avenues 5uper1hrendenr Carlo Prandlnl, Ph.D. Dear Mr. Sanchez: Assoclate Superintendent Cheryl Rogers,Ed.D. Associate Superintendent The purpose of this letter is to provide school district information relative to the above-referenced steveward applications and to comply with Business and Professions Code section 11010, subdivision (b)(11)(A) AssociateSuperinrendent regarding the provision of school-related information to the subdivider/owner and the State Department of Real Estate. Approval of proposed applications would result in the development of a 118-lot single family planned development on approximately 13.83 net acres (16.79 gross acres) located at the southeast corner of Copper and Maple Avenues. The District can support this project based upon the following considerations: (1) capacity currently exists in the intermediate and high schools that would serve this development (see the information provided below in this letter); (2) although a lack of capacity would exist at the elementary school serving the project site when the project is completed, excess capacity at other area schools will allow for transfers or future boundary adjustments to equalize enrollment at area elementary schools; and (3) the developer will be required to pay the District's school facilities fee, which is currently$3.15 per square foot and adjusted annually. Based on the applications submitted, further information is provided, as follows: 1. The number of students generated by the project is estimated as follows: grades K-6, 42 students;grades 7-8, 9 students;grades 9-12, 18 students. 2. Elementary School Information: (a) The subject land is presently within the attendance area of the elementary school (grades K-6) listed below: School Name: Fugman Elementary School Address: 10825 North Cedar Avenue, Fresno,CA 93730 Telephone: (559) 327-8700 Capacity: 725 Enrollment: 721 (CBEDS enrollment 2011-12 school year) 1450 Hemdon Avenue •GovK CA,93611-0599 559-327-9000•www.cusd.com (b) Because of projected growth in the District and the District's plans for construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than the school listed above, and (2) students residing in the project area may attend more than one elementary school within the District during their elementary school years. 3. Intermediate and High School Information: (a) The project area is currently served by the following intermediate school (grades 7-8)and high school (grades 9-12): School Name: Granite Ridge Intermediate School Address: 2770 E. International Avenue, Fresno, CA 93730 Telephone: (559) 327-5000 Capacity: 1,502 Enrollment: 1,197 (CBEDS enrollment 2011-12 school year) School Name: Clovis North High School Address: 2770 E. International Avenue, Fresno, CA 93730 Telephone: (559) 327-5000 Capacity: 2,900 Enrollment: 1,883 (CBEDS enrollment 2011-12 school year) 4. Bus transportation is currently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than two and one-half miles from school.Transportation will be available for students attending the above-identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. 5. The District currently levies a school facilities fee of$3.15 per square foot for residential development. The fee is adjusted periodically in accordance with law. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. The District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project. Thank you for the opportunity to comment on the project. Please contact me if you have any questions regarding this letter. Sincerely, — aA, Steve Ward Associate Superintendent Administrative Services Notice of Intent was filed with: CITY OF FRESNO MITIGATED NEGATIVE DECLARATION FRESNO COUNTY CLERK 2221 Kern Street Fresno, California 93721 The full Initial Study and the Master ENVIRONMENTAL Environmental Impact Report No. 10130 are ASSESSMENT on on file in the Planning and Development NUMBER: Department, June 08, 2012 Fresno City Hall, 3rd Floor 2600 Fresno Street A-11-0121R-11-018/C-11- Fresno, California 93721 1781T-6003 (559)621-8277 APPLICANT: PROJECT LOCA-PION: APPLICANT: 2099 East Copper Avenue The McCaffrey Group ± 13.83 net acres (16.79 gross acres)of property located on the (Ciao Properties, LLC.) southeast corner of the intersection of East Copper and North 7020 North Van Ness Boulevard Maple Avenues, in the City and County of Fresno, California Fresno, CA 93711 Site Latitude: 36°53'40.00" N Site Longitude: 119°44'45.00"W Mount Diablo Base & Meridian, Township 12S, Range 20E Section 13 - Friant, CA Quadrangle "i Assessor's Parcel Number(s): 578-010-38 & 44 PROJECT DESCRIPTION: I The McCaffrey Group (Ciao Properties, LLC), has filed Plan Amendment Application No. A-11-012, Rezone Application No, R-11-018, Conditional Use Permit Application No. C-11-178, and Vesting Tentative Tract Map No. 6003/UGM pertaining to approximately 13.83 net acres (16.79 gross acres) of property located on the southeast corner of the intersection of East Copper and North Maple Avenues. Plan Amendment Application No. A-11-012 proposes to amend the 2025 Fresno General Plan and Woodward Park Community Plan to change the planned land use designation for the subject property from the Neighborhood Commercial planned land use designation to the Medium Density Residential (4.99-10.37 dwelling units per acre)planned land use designation. Rezone Application No. R-11-018 proposes to rezone the subject property from the C-1/UGM/cz (Neighborhood Shopping Center/Urban Growth Management/with conditions of zoning) zone district to the R-11UGM (Single Family Residential/Urban Growth Management) zone district. Vesting Tentative Tract Map No. 6003/UGM proposes to subdivide the subject property for purposes of creating a 118 lot single family residential, gated, private street planned development on the subject property at an overall density of approximately 8.53 dwelling units per acre in accordance with Conditional Use Permit Application No. C-11-178. Five outlots are proposed for private street and common open space purposes. 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 City of Fresno has conducted an initial study and proposes to adopt a Mitigated Negative Declaration for the above-described project. The environmental analysis contained in the Initial Study and this Mitigated Negative Declaration is tiered from Master Environmental Impact Report No. 10130 (SCH # 2001071097) prepared for the 2025 Fresno General Plan ("MEIR"); and, Mitigated Negative Declaration No. A-09-02 (SCH # 2009051016) prepared for the 2025 Fresno General Plan ("Air Quality MND"). A copy of the MEIR and Air Quality MND may be reviewed in the City of Fresno Development and Resource Management Department as noted above. The proposed project has been determined to be a subsequent project that is not fully within the scope of the Master Environmental Impact Report No. 10130 ("MEIR) or Mitigated Negative Declaration No. A-09-02(Air Quality MND) prepared for the 2025 Fresno General Plan. Pursuant to Public Resources Code § 21157.1 and California Environmental Quality Act(CEQA) Guidelines § 15177, this project has been evaluated with respect to each item on the attached environmental checklist to determine whether this project may cause any additional significant effect on the environment which was not previously examined in the MEIR. 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 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. This completed environmental impact checklist form, its associated narrative, and proposed mitigation measures reflect applicable comments of responsible and trustee agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the project application and its related environmental assessment application, responses to requests for comment, checklist, initial study narrative, and any attachments thereto, combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the Califomia Environmental Quality Act. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself, and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures, Based upon the evaluation guided by the environmental checklist form, it was determined that there are foreseeable impacts from the Project that are additional to those identified in the MEIR, and/or impacts which require mitigation measures not included in the MEIR Mitigation Measure Checklist. The completed environmental checklist form indicates whether an impact is potentially significant, less than significant with mitigation, or less than significant. For some categories of potential impacts, the checklist may indicate that a specific adverse environmental effect has been identified which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project, or may be related to the design and characteristics of the individual project. Effects so rated are not sufficient in themselves to require the preparation of an Environmental Impact Report, and have been mitigated to the extent feasible. With the project specific mitigation imposed, there is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR. Both the MEIR mitigation checklist measures and the project-specific mitigation checklist measures will be imposed on this project. The initial study has concluded that the proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment. PREPARED BY: SUBMITTED BY: Will Tackett, Planner III DATE: June 08, 2012 Mik Sanchez, Pfa ring Manager DEVELOPMENT & RESOURCE MANAGEMENT DEPARTMENT ATTACHMENTS: Exhibit"A": Notice of Intent to Adopt a Mitigated Negative Declaration Exhibit "B": CEQA Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study for Environmental Assessment No. A-11-012/R-11- 018/C-11-1781T-6003 Exhibit"C": 2025 General Plan Master Environmental Impact Report (MEIR) No. 10130/SCH No. 2001071097 and Environmental Assessment No. A-09-02 Mitigation Monitoring Checklist for Environmental Assessment No. A-11-012/R-11-018/C-11-178/T-6003 Exhibit "D": Project Specific Mitigation Monitoring Checklist for Environmental Assessment No. A-11-012/R-11-018/C- 11-178/T-6003 Exhibit "E": Master Environmental Impact Report (MEIR) Review Summary (Attachment: Status of MEIR Analysis with Regard to Air Quality and Climate Change) Appendix "A Air Quality and Greenhouse Gas Analysis Report for Copper and Maple Tract 6003 prepared by Michael Brandman Associates dated June 04, 2012. Appendix"B": Water Usage/Demand Analysis for Tract 6003 at Copper and Maple Avenues within the City of Fresno prepared by Jackson Demarco Tidus Peckenpaugh (JDTP)Attorneys and AECOM, Inc. dated March 2012. Appendix "C": Updated Traffic Impact Analysis of Tentative Tract 6003 at the SEC of Copper and Maple Avenues prepared by TJKM Transportation Consultants dated June 04, 2012.