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HomeMy WebLinkAboutT-6053 - Conditions of Approval - 8/21/2014 CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL JANUARY 15,2014 REVISED AUGUST 4,2014 REVISED VESTING TENTATIVE TRACT MAP NO. 6053/UGM "A PLANNED DEVELOPMENT" "A PHASED MAP" NORTHEAST CORNER OF NORTH HAYES AND WEST HERNDON AVENUES Please note that text in black strikethro nh was removed and text in black Italics was added in January 2014. Text in was revised July 2014, text was removed and Italics text was added. 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 tract map. The Urban Growth Management (UGM) Service Delivery Plan requirements are included in the following conditions of approval and are designated by the caption "Urban Growth Management Requirements." NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. URBAN GROWTH MANAGEMENT REQUIRMENTS (GENERAL) The subdivider of property located within the Urban Growth Management (UGM) boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the UGM process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. GENERAL CONDITIONS 1 . Upon conditional approval of Vesting Tentative Tract Map No. 6053/UGM dated July 3, 2014, the subdivider may prepare a Final Map in accordance with the Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 2 approved tentative map and related Conditional Use Permit Application No. C-13-099 for the subject property. 2. An Air Impact Assessment (AIA) application for the proposed project shall have been submitted to the San Joaquin Valley Air Pollution Control District prior to the submittal/acceptance of any phase of the Final Map for recordation/processing. 3. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 4. Submit grading plans and a soils report to the City of Fresno Development and Resource Management Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 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. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 3 9. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto. 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 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. 12. Relinquish direct vehicular access rights to North Hayes and West Herndon Avenues from all lots within the subdivision. GENERAL INFORMATION 13. Contact the United States Postal Service (USPS) for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least six months prior to the first occupancy, the Developer shall contact the local USPS representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. i) Attached for the subdivider/developer's use is a copy of the Mode of Delivery Agreement — New Construction Form. 14. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 4 independently conform to all provisions of FMC 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 FMC. 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. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 5 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; and, 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. 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-13-004/A-13-005/R-13-011/R-13-0212/C-13-098/C-13-099/T- 6052/T-6053 dated December 20, 2013. 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 MND for subsequent projects; included herein by reference. ZONING & PROPERTY DEVELOPMENT STANDARDS 23. Pursuant to Rezone Application No. R 13 006 R-13-012 the subject property is proposed to be zoned R-1/EA/UGM (Single Family Residential District/Expressway Area Overlay/Urban Growth Management). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the respective R-1/EA/UGM zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-13-099. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 6 24. Approval of Vesting Tentative Tract Map No. 6053/UGM is contingent upon approval of Plan Amendment Application No. A-13-005 and Rezone Application No. R-13-012 and as a proposed "Planned Development" subdivision, approval of Vesting Tentative Tract Map No. 6053/UGM is contingent upon approval of Conditional Use Permit Application No. C-13-099. a) Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the R-1/EA/UGM zone district, including but not limited, to the following exceptions and/or specific conditions: garage and living area setbacks shall be no less than five feet from the back of sidewalk and living areas shall 4,0 RG less thaR pmt feet from the back Of sidewalk; five foot side yard "use easements" and modified minimum lots sizes to as low as 337 3,235 (versus 5,000 square feet) and minimum width of 45 40 feet (versus 50 feet) and minimum depth of 8-9 68 feet (versus 90 feet) shall be permitted per Exhibits A-1 and A-2, and 3, all dated Deeember 11 , 2013 July 3, 2014. 25. The existing covenant for the subject property related to the conditions of zoning established through adoption of City Council Ordinance No. 2008-22 may be released upon Council Approval of Rezone Application No. R-13-012 for this subject property. Lot Area and Dimensions 26. Pursuant to Section 12-306-N-21 of the FMC the Director of the Development and Resource Management Department or the Planning Commission may modify the 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. 6053/UGM prepared DeGember6, 2013 modified July 3, 2014. Building Setbacks 27. 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-13-099. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 7 Fences, Hedges & Walls 28. 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-13-099. 29. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the FMC at the rear of the required landscaped areas along North Hayes and West Herndon Avenues. A six-foot high wrought iron fence is permitted along the west and south property lines of Outlot "B" adjacent to West Herndon and North Hayes Avenues. 30. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Development and Resource Management Department for review prior to Final Map approval. 31 . All landscaping adjacent to walls or fences shall comply with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards." 32. Provide a corner cut-off area at all entryway intersections, where walls or fences are required, in accordance with Section 12-306-H-3-d of the FMC. Corner cut- offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be landscaped (including an irrigation system), and may be included within the City's Community Facilities District. ACCESS 33. Public access to common areas and/or private streets proposed within the boundary of the tentative map is permitted subject to either of the following: a) The subdivider shall execute a covenant to create mutual easements and reciprocal use agreements for purposes of public access to proposed common areas and/or private streets within the boundary of the tentative map; or, b) The subdivider shall include terms within the CC&R's, which include provisions for public access to proposed common areas and/or private streets within the boundary of the tentative map. The CC&R's shall be Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 8 submitted to the City of Fresno for review and approval by Development Services staff prior to recordation of a Final Map. c) Final, executed and notarized documents shall be recorded with or prior to recordation of a Final Map. d) All of the agreements required to be executed within this section shall run with the land and bind all successors and assigns. • NOTE: 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. LANDSCAPING AND OPEN SPACE 34. In accordance with Section 12-211 .5-E-3(b) of the FMC, the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system) along the North Hayes Avenue. • NOTE: Outlots "A" through and"C" of Vesting Tentative Tract Map No. 6053/UGM shall be utilized for private landscaping, private walkways, private streets, and private parking, recreational purposes and open space purposes in accordance with the requirements stipulated below. Except as mentioned above in Item 33. Ownership of the proposed above mentioned outlots will NOT be accepted by the City of Fresno. Where proposed, outlots SHALL remain private and NOT become city property. • Outlot "C" shall be the responsibility of the property owner to maintain privately by a mechanism approved by the City; also the portion of landscaping and irrigation in Outlot A of Final Tract Map No. 5914 shall be the responsibility of Final Tract Map No. 6053. a) Maintenance of Outlots "A" through "C" of Vesting Tentative Tract Map No. 6053/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. • NOTE: Pursuant to proposed City policy, Outlots "B" and "C" of Vesting Tentative Tract Map No. 6053/UGM may be applied as a fee credit against the City's Parkland Dedication/In-Lieu Fee (Quimby Act) and/or Park Facilities Fee, as appropriate. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 9 35. 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 13-098 C-13-099. 36. Provide a minimum eight-foot wide landscaped strip in the form of a pedestrian and planting easement (PPE) at the south property line of Lot 1 of Vesting Tentative Tract Map No. 6053/UGM. a) All "end-block" landscape treatments shall be maintained in accordance with the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. 37. 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. 38. The subdivider is required to provide street trees on all public street frontages per the FMC and for the dedication of planting and buffer landscape easements as determined by the Development and Resource Management Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or, one tree per home (whichever is greater) by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, Water Efficient Landscape Standards. 39. Comply with all of the: (1) Street Tree, (2) Buffer Landscaping & Maintenance, (3) Median Island Landscape, (4) Outlots; and, (5) Trail requirements stipulated within the Department of Public Works memorandums from the Parks Supervisor dated November 4, 2013, December 26, 2013, and July 25, 2014. STREETS AND RIGHTS-OF-WAY 40. The following street names shall be corrected on the tentative map: Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 10 Street Name Status Required Change (Provide new street names (Interior Private Streets) Add for review & approval prior to recordation of a Final Map) 41 . 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. 42. A five foot Public Utility Easement (PUE) is required on the frontage of all lots. 43. Comply with all of the requirements of the Public Works Department, Engineering and Traffic Division memorandums dated December 16, 2013 and DeGember 34-, 2013 June 26, 2014. SANITARY SEWER SERVICE The nearest sanitary sewer main to serve the proposed project is a 15-inch sewer main located in North Hayes Avenue. Sanitary sewer facilities will be available to provide service to the tract subject to the following requirements: 44. Comply with all of the requirements of the attached Department of Public Utilities, Planning and Engineering Division memorandum dated October 23, 2013, except any reference to private utilities shall be removed. 45. The following conditions shall be added to the memorandum dated October 23, 2013, which reflect the allowance of public utilities within private streets. Public sewer service is allowed within private streets for Vesting Tentative Tract Map No. 6053/UGM subject to the following: a) The granting of a public utility easement (P.U.E.). b) The Subdivider shall include at a minimum, the following terms in the Covenants, Conditions, and Restrictions, subject to approval as to form by the City Attorney: i) Compliance with Section 12-1026 of the Fresno Municipal Code, as may be amended. ii) Compliance with Chapter 6 of the Fresno Municipal Code, relating to municipal services, as may be amended. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 11 iii) City Easements: Subdivider shall include a section of the Declaration entitled "City Easements"wherein Declarant reserves, for the benefit of the City, non-exclusive easements to enter the Community for the maintenance, repair and replacement of the public water and sewer mains and lines that are to be located within the private streets, and other public utility facilities. This section shall also allow the City, at a minimum, to engage in any and all traffic control measures necessary to preserve public health and safety during such maintenance, repair and replacement of the facilities. Finally, this section shall provide that neither the Association nor any Owner may interfere with the City's right to exercise this easement. iv) Costs of repair and/or replacement of asphalt and other street improvements within the community due to repair of public utilities within the streets is at the expense of the Homeowner's Association. These repairs and/or replacement will be to City Standards. v) The Homeowner's Association agrees to hold harmless, indemnify and defend the City of Fresno, and its officers, officials, employees, agents and volunteers, against any claims or causes of action on account of or arising out of the City's maintenance, repair or replacement of utilities or related replacement of asphalt or street or other improvements The Homeowner's Association waives and releases any and all claims or causes of action against the City related to such repairs. vi) Insurance provisions consistent with City requirements as determined by Risk Management. vii)Amendments Requiring City Approval. Proposed amendments to Section of this Declaration, entitled "City Easements,"shall be approved as to form by the City Attorney prior to the amendments to such Section being valid. No later than the date that is thirty (30) calendar days after its receipt of a proposed amendment, the City shall deliver written notice of its approval or disapproval of the proposed amendment to the party who delivered the proposed amendment to the City. If the City fails to deliver such written notice within such thirty (30) calendar day period, the City shall be deemed to have approved the proposed amendment. WATER SERVICE The nearest water main to serve the proposed project is a 16-inch main located in North Hayes Avenue. The following conditions are required to provide water service to the project: 46. Comply with all of the requirements of the attached Department of Public Utilities, Water Division memorandum dated October 21 , 2013, except any reference to private utilities shall be removed. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 12 47. The following conditions shall be added to the memorandum dated October 21, 2013, which reflect the allowance of public utilities within private streets. Public water service is allowed within private streets for Vesting Tentative Tract Map No. 6053/UGM subject to the following.- a) ollowing.a) The granting of a public utility easement (P.U.E.). b) The Subdivider shall include at a minimum, the following terms in the Covenants, Conditions, and Restrictions, subject to approval as to form by the City Attorney: i) Compliance with Section 12-1026 of the Fresno Municipal Code, as may be amended. ii) Compliance with Chapter 6 of the Fresno Municipal Code, relating to municipal services, as may be amended. iii) City Easements: Subdivider shall include a section of the Declaration entitled "City Easements"wherein Declarant reserves, for the benefit of the City, non-exclusive easements to enter the Community for the maintenance, repair and replacement of the public water and sewer mains and lines that are to be located within the private streets, and other public utility facilities. This section shall also allow the City, at a minimum, to engage in any and all traffic control measures necessary to preserve public health and safety during such maintenance, repair and replacement of the facilities. Finally, this section shall provide that neither the Association nor any Owner may interfere with the City's right to exercise this easement. iv) Costs of repair and/or replacement of asphalt and other street improvements within the community due to repair of public utilities within the streets is at the expense of the Homeowner's Association. These repairs and/or replacement will be to City Standards. v) The Homeowner's Association agrees to hold harmless, indemnify and defend the City of Fresno, and its officers, officials, employees, agents and volunteers, against any claims or causes of action on account of or arising out of the City's maintenance, repair or replacement of utilities or related replacement of asphalt or street or other improvements The Homeowner's Association waives and releases any and all claims or causes of action against the City related to such repairs. vi) Insurance provisions consistent with City requirements as determined by Risk Management. vii)Amendments Requiring City Approval. Proposed amendments to Section of this Declaration, entitled "City Easements,"shall be approved as to form by the City Attorney prior to the amendments to such Section being valid. No later than the date that is thirty (30) calendar days after its receipt of a proposed amendment, the City shall Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 13 deliver written notice of its approval or disapproval of the proposed amendment to the party who delivered the proposed amendment to the City. If the City fails to deliver such written notice within such thirty (30) calendar day period, the City shall be deemed to have approved the proposed amendment. SOLID WASTE SERVICE This tract will be serviced as Single Family Residential Properties with Basic Container Service, subject to the following conditions: 48. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated DeGember 31 2013Revised June 23, 2014 Second Revision. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 49. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated january 10, gni^ July 1, 2014. FLOOD CONTROL AND DRAINAGE 50. 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 FMC. These requirements are identified in the District's letters to the Development and Resource Management Department dated November 4, 2013. 51 . The FMFCD system does not have the capacity to serve the proposed development. The developer is required to mitigate the impacts of increased runoff. The developer may either make improvements to the existing pipeline system to provide additional capacity or may construct some type of permanent peak reducing facility in order to eliminate the adverse impacts on the existing system. The developer shall work with the FMFCD and the Development and Resource Management Department staff. CENTRAL UNIFIED SCHOOL DISTRICT 52. The developer/subdivider shall comply with all of the requirements of the attached Central Unified School District memorandum dated November 4, 2013. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 14 FRESNO IRRIGATION DISTRICT 53. Comply with all of the requirements of the attached Fresno Irrigation District memorandum dated November 1 , 2013. COUNTY HEALTH 54. Comply with all of the requirements of the attached County of Fresno Department of Public Health memorandum dated October 16, 2013. AIR DISTRICT 55. Comply with all of the requirements of the attached San Joaquin Valley Air Pollution Air District memoranda dated October 21 , 2013. PACIFIC GAS & ELECTRIC 56. Comply with the attached Pacific Gas & Electric (PG&E) email dated December 16, 2013 and site plan dated December 13, 2013 depicting the existing easement and available/proposed offset to residential units. 57. Verify with PG&E what access over the trail is needed and work with the Public Works Department to determine appropriate access. RIGHT-OF-WAY ACQUISITION 58. The developer will be responsible for the acquisition of any necessary right-of- way to construct any of the required improvements. 59. 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. 60. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 61 . 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 Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 15 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. 62. 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 63. The long term maintenance and operating costs, including repair and replacement, of certain required public improvements ("Services') associated with all new Single Family developments are the of all the items fisted below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for maintenance of such items. a) The following public improvements are eligible for Services by CFD No. 11 as associated with this development.- i) evelopment.i) Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the public street right-of-ways and landscape easements; including without limitation, ADD %2 of the median island, parkways and buffers along West Herndon and North Hayes Avenues. ii) NOTE: The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included and approved into the Community Facilities District (CFD). If the outlots are to be included and approved 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. iii) All landscaping, trees, irrigation systems, park concrete work and amenities associated with Outlot B and as approved by the Public Works Department. iv) All landscaping, trees, irrigation systems, hardscaping and amenities within the bike/pedestrian/landscape easement along West Herndon Avenue. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 16 v) �A�TeGTanGe of sidewalks and street furniture ire asapprovedby the P blis Works Department within the p olio street right-of-ways and fhce lands ne easements associated with the subdivision. rrn�crlEap�c-a1cnT��v�,ur �arv�vrr. vi) Main e�Tce of all landsGane and irrigation systems on sides and in medians de ratiye con and pilasters in id ent-, rrrcaraTrr�cceTa�v�cvrTCeG�rn�-pnu�r�.� --n�C'i a ent-,7 treatments to the tract vii) Concrete curb and gutters, sidewalks, curb ramp, ADD %2 median island concrete maintenance band and cap, expressway barrier fence, and street lights within the public rights-of-way in West Herndon Avenue. viii)Concrete curb and gutters, sidewalks, curb ramps, median island curbing and hardscape, and street lights within the public rights-of-way in North Hayes Avenue, including the valley gutter and paving within the street rights-of-way at the entrance. 64. Outlot "C" shall be the responsibility of the property owner to maintain privately by a mechanism approved by the City, also the portion of landscaping and irrigation in Outlot "A" of Final Tract Map No. 5914 shall be the responsibility of Final Tract Map No. 6053. 65. If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. a) Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (http://www.fresno.gov) under the Public Works Department Developer Doorway. 66. 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 and Resource Management Department for processing. This shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. 67. Proceedings to place the Final Map into a CFD shall not commence until the Final Map has been annexed into the City of Fresno and the Final Map, Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 17 Landscape and Street Construction Plans are considered to be technically correct. 68. If the developer/subdivider elects to petition for annexation into the City's CFD, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the CFD assessment. 69. Should the City Council or owner/developer choose not to include the maintenance items listed above in a CFD, then the property owner/developer shall create a homeowners' association for the maintenance of these items and proposed private streets, utilities, outlots and walls/gates. a) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the FMC. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met, then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Development and Resource Management Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Development and Resource Management Department Guidelines for preparation of CC&Rs dated January 11 , 1985. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 18 70. Comply with the attached memorandum from the Public Works Department- Traffic and Engineering Services Division dated November 12, 2013 August 1, DEVELOPMENT FEES AND CHARGES GOVERNMENT CODE§66020(d)(1) A protest filed pursuant to subdivision (a) shall be filed 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 other exactions to be imposed on a 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. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments to be completed with development. 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) d. Trunk Sewer Charge [2] Service Area: Cornelia $419.00/living unit e. Wastewater Facilities Charge [3] $2,119.00/living unit f. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 19 h. Frontage Charge [1] $6.50/lineal foot i. Transmission Grid Main Charge [1] $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt [1] Service Charge $243/gross acre (parcels 5 gross acres or more) k. UGM Water Supply Fee [2] $407.00/living unit Service Area: 201-S I. Well Head Treatment Fee [2] $0/living unit Service Area: 201 m. Recharge Fee [2] $0/living unit Service Area: 201 n. 1994 Bond Debt Service [1] $0/living unit Service Area: 201 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee — Citywide [4] $539.00/living unit p. Park Facility Impact Fee — Citywide [4] $2,278.00/living unit q. Quimby Parkland Dedication Fee [2] $1 ,120.00/living unit r. Citywide Regional Street Fee [3] $8,361 .00/adj. acre s. New Growth Area Major Street Fee [3] $18,790.00/adj. acre t. Police Facilities Impact Fee — Citywide [4] $624.00/living unit u. Traffic Signal Charge [1] $450.94/living unit v. Street Acquisition/Construction Charge [2] N/A Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023 requiring the payment of County Public Impact Facilities Impact Fees. The Conditions of Approval Revised Vesting Tentative Tract Map No. 6053/UGM August 4, 2014 Page 20 effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009 — 01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1 , 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. 01yol ES REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-A FRW COMMISSION MEETING 01.15.14 APPROVED BY January 15, 2014 FROM: MIKE SANCHEZ, Planning Manager J nifer lark Development Services Division ARTMENT DIRECTOR THROUGH: SOPHIA PAGOULATOS, Supervising Planne Development Services Division BY: MCKENCIE CONTRERAS, Planner III ' Development Services Division SUBJECT: CONSIDERATION OF PLAN AMENDMENT APPLICATION NOS. A-13-004 & A-13-005, REZONE APPLICATION NOS. R-13-011 & R-13-012, CONDITIONAL USE PERMIT APPLICATION NOS. C-13-098 & C-13-099, VESTING TENTATIVE TRACT MAP NOS. 6052/UGM & 6053/UGM, AND RELATED ENVIRONMENTAL ASSESSMENT NO. A-13-004/A-13-005/ R-13-011/R-13-012/C-13-098/C-13-099/T-6052/T-6053. RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing 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 staff evaluation, it can be concluded that proposed Plan Amendment Application Nos. A-13-004 & A-13-005, Rezone Application Nos. R-13-011 & R-13-012, Conditional Use Permit Application Nos. C-13-098 & C-13-099, and Vesting Tentative Tract Map Nos. 6052/UGM & 6053/UGM are appropriate for the project sites. Therefore, staff recommends the Planning Commission take the following actions: 1. RECOMMEND APPROVAL (to the City Council) of the adoption of a Mitigated Negative Declaration for Environmental Assessment No. A-13-004/A-13-005/R-13-011/R-13-012/C- 13-098/C-13-099/T-6052/T-6053 dated December 20, 2013; 2. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. A-13- 004 to amend 13.26 net acres of the subject property located on the northwest corner of North Hayes and West Herndon Avenues from the neighborhood commercial land use to the medium density residential planned land use designation; 3. RECOMMEND APPROVAL (to the City Council) of Plan Amendment Application No. A-13- 005 to amend 4.30 net acres of the subject property located on the northeast corner of North Hayes and West Herndon Avenues from the office commercial land use to the medium-low density residential planned land use designation; REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004&A-13-005 Rezone Application Nos. R-13-011 &R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM&6053/UGM January 15, 2014 Page 2 4. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. R-13-011 to reclassify 13.26 net acres of the subject property located on the northwest corner of North Hayes and West Herndon Avenues from the C-1/EA/UGM/cz (Neighborhood Shopping Center/Expressway Area Overlay/Urban Growth Managemendconditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management)zone district; 5. RECOMMEND APPROVAL (to the City Council) of Rezone Application No. R-13-012 to reclassify 4.30 net acres of the subject property located on the northeast corner of North Hayes and West Herndon Avenues from the C-P/EA/UGM/cz (Administrative and Professional Office/Expressway Area Overlay/Urban Growth Managemendconditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management)zone district; 6. APPROVE Conditional Use Permit Application No. C-13-098, which would allow modified property development standards for a 95-lot single family subdivision with private streets, a gated pool, and a series passive pocket parks, contingent upon City Council approval of the related Plan Amendment and Rezone applications, and the Environmental Assessment; 7. APPROVE Conditional Use Permit Application No. C-13-099, which would allow modified property development standards for a 15-lot single family subdivision with private streets and a series passive pocket parks, contingent upon City Council approval of the related Plan Amendment and Rezone applications, and the Environmental Assessment 8. APPROVE Vesting Tentative Tract Map No. 6052/UGM subject to approval of Conditional Use Permit No. C-13-098 and the Conditions of Approval for Vesting Tentative Tract Map No. 6052/UGM dated January 15, 2014. 9. APPROVE Vesting Tentative Tract Map No. 6053/UGM subject to approval of Conditional Use Permit No. C-13-099 and the Conditions of Approval for Vesting Tentative Tract Map No. 6053/UGM dated January 15, 2014. EXECUTIVE SUMMARY Brent McCaffrey, on behalf of The McCaffrey Group, has filed Plan Amendment Application Nos. A-13-004 & A-13-005, Rezone Application Nos. R-13-011 & R-13-012, Conditional Use Permit Application Nos. C-13-098 & C-13-099, and Vesting Tentative Tract Map Nos. 6052/UGM & 6053/UGM pertaining to t 17.56 net acres (17.97 gross acres) of property located on the northwest and northeast corners of North Hayes and West Herndon Avenues. Because the properties are adjacent to one another, they are being presented in one staff report and were considered together in a single environmental assessment. Plan Amendment Application No. A-13-004 proposes to amend 13.26 net acres of the subject property located on the northwest corner of North Hayes and West Herndon Avenues from the neighborhood commercial land use to the medium density residential planned land use REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004&A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM&6053/UGM January 15, 2014 Page 3 designation. Plan Amendment Application No. A-13-005 proposes to amend 4.30 net acres of the subject property located on the northeast corner of North Hayes and West Herndon Avenues from the office commercial land use to the medium-low density residential planned land use designation. Rezone Application No. R-13-011 proposes to reclassify 13.26 net acres of the subject property located on the northwest corner of North Hayes and West Herndon Avenues from the C-1/EA/UGM/cz (Neighborhood Shopping Center/Expressway Area Overlay/Urban Growth Management/conditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management) zone district. Rezone Application No. R-13-012 proposes to reclassify 4.30 net acres of the subject property located on the northeast corner of North Hayes and West Herndon Avenues from the C-P/EA/UGM/cz (Administrative and Professional Office/Expressway Area Overlay/Urban Growth Management/ conditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management)zone district. Conditional Use Permit Application No. C-13-098 requests authorization for the development of a 95-lot single family residential private street planned development with modified property development standards on approximately 13.26 net acres of the subject property at an overall density of approximately 7.16 dwelling units per acre. Conditional Use Permit Application No. C-13-099 requests authorization for the development of a 15-lot single family residential private street planned development with modified property development standards on approximately 4.30 net acres of the subject property at an overall density of approximately 3.48 dwelling units per acre. Vesting Tentative Tract Map No. 6052/UGM proposes to subdivide approximately 13.26 net acres of the subject property for the purposes of creating 95 single family residential lots for the proposed private street planned development. Vesting Tentative Tract Map No. 6053/UGM proposes to subdivide approximately 4.30 net acres of the subject property for the purposes of creating 15 single family residential lots for the proposed private street planned development. The proposed subdivision and residential planned development of approximately 13.26 net acres of the subject property pursuant to Conditional Use Permit Application No. C-13-098 and Vesting Tentative Tract Map No. 6052/UGM would be 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. The proposed subdivision and residential planned development of approximately 4.30 net acres of the subject property pursuant to Conditional Use Permit Application No. C-13-099 and Vesting Tentative Tract Map No. 6053/UGM would be consistent with the City Council approved Medium-Low Density Residential planned land use designation for the subject property requiring between 2.19 and 6.00 dwelling units per acre. REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004 &A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos.C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM& 6053/UGM January 15, 2014 Page 4 PROJECT INFORMATION PROJECT A-13-004 proposes to amend 13.26 net acres of the subject property from the neighborhood commercial land use to the medium density residential planned land use designation (4.99- 10.37 dwelling units per acre). A-13-005 proposes to amend 4.30 net acres of the subject property from the office commercial land use to the medium-low density residential planned land use designation (2.19-6.00 dwelling units per acre); R-13-011 proposes to reclassify 13.26 net acres of the subject property from the C-1/EA/UGM/cz (Neighborhood Shopping Center/Expressway Area Overlay/Urban Growth Management, conditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management) zone district. R-13-012 proposes to reclassify 4.30 net acres of the subject property from the C-P/EA/UGM/cz (Administrative and Professional Office/Expressway Area Overlays Urban Growth Managemendconditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management)zone district; C-13-098 requests authorization for the development of a 95-lot single family residential private street planned development with modified property development standards on approximately 13.26 net acres of the subject property at an overall density of approximately 7.16 du/acre. C-13-099 requests authorization for the development of a 15-lot single family residential private street planned development with modified property development standards on approximately 4.30 net acres of the subject property at an overall density of approximately 3.48 du/acre; VTTM No. 6052/UGM proposes to subdivide approximately 13.26 net acres of the subject property for the purposes of creating 95 single family residential lots for the proposed private street planned development. VTTM No. 6053/UGM proposes to subdivide approximately 4.30 net acres of the subject property for the purposes of creating 15 single family residential lots for the proposed private street planned development. APPLICANT Brent McCaffrey, on behalf of The McCaffrey Group REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004& A-13-005 Rezone Application Nos. R-13-011 &R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM& 6053/UGM January 15, 2014 Page 5 LOCATION 7099 North Hayes Avenue; Located on the northwest corner of North Hayes and West Herndon Avenues (APN: 503-020-09) 7050 North Hayes Avenue; Located on the northeast corner of North Hayes and West Herndon Avenues (APN: 503-020-51) (Council District 2, Councilmember Brandau) SITE SIZE Approximately 13.26 net acres (13.67 gross acres) for APN 503- 020-09 & 4.30 net acres (4.30 gross acres) for APN 503-020-51 PLANNED LAND USE Existing - 13.26 net acres of Neighborhood Commercial & 4.30 net acres of Office Commercial Proposed - 13.26 net acres of Medium Density Residential & 4.30 net acres of Medium-Low Density Residential ZONING Existing - 13.26 net acres of C-1/EA/UGM/cz (Neighborhood Shopping CenterlExpressway Area Overlay/Urban Growth Management/conditions of zoning) & 4.30 net acres of C-P/EA/UGM/cz (Administrative and Professional Office/Expressway Area Overlay/Urban Growth Management/conditions of zoning) Proposed - 17.56 net acres of R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management) PLAN DESIGNATION Pursuant to Table 2 (Planned Land Use and Zone District AND CONSISTENCY 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 may be found consistent with the proposed Medium-Low and Medium Density Residential planned land use designation for the subject property. ENVIRONMENTAL EA No. A-13-004/A-13-005/R-13-011/R-13-012/C-13-098/C-13- FINDING 099/T-6052/T-6053 recommended a finding of a Mitigated Negative Declaration. A Notice of Intent to make the finding was published in the Fresno Bee and posted on December 20, 2013. The Planning Commission hearing is intended to sere as part of the process for receiving comments on the EA. REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004&A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM&6053/UGM January 15, 2014 Page 6 STAFF Recommend that the Planning Commission recommend approval RECOMMENDATION to the City Council of the proposed plan amendment applications, rezone applications, and environmental finding and for the Planning Commission to approve the conditional use permit and vesting tentative tract map applications subject to compliance with the Conditions of Approval dated January 15, 2014 and contingent upon City Council approval of the related plan amendments, rezones, and environmental finding. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use North R-2/UGM & R-1/EA/UGM/cz Low Density Multiple Family Medium & Medium-High Residential/Urban Growth g Vacant Land & Single Density Residential Management& Single Family Family Residential Residential/Expressway Area Overlay/Urban Growth Management/conditions of zoning South C-P/EA/UGM, C-P/EA/UGM/cz, & AE-5/UGM Administrative & Professional Office/Expressway Area Office Commercial Overlay/Urban Growth Vacant Land Management/conditions of zoning & Exclusive Five Acre Agricultural/Urban Growth Management East R-1/EA/UGWcz & R-2/EA/UGM Single Family Residential/Expressway Area Medium Density Overlay/Urban Growth Single Family Residential Management/conditions of zoning & Residences Low Density Multiple Family Residential/Expressway Area Overla 1Urban Growth Management West S-UEA/UGM Office Commercial Storage/Limited, Mini Storage Mini-Storage Facility/Expressway Area Overlay/Urban Growth Mana ement REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004&A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM& 6053/UGM January 15, 2014 Page 7 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 studies pertinent to the Bullard Community Plan including the Master Environmental Impact Report (MEIR) No. 10130 for the 2025 Fresno General Plan (SCH#2001071097) and Mitigated Negative Declaration (MND) No. A-09-02 (SCH#2009051016). 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. No. A-13-004/A-13-005/R-13-011/R-13- 012/C-13-098/C-13-099/T-6052/T-6053 was published on December 20, 2013 with no comments or appeals received to date. REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004&A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM &6053/UGM January 15, 2014 Page 8 BACKGROUND / ANALYSIS Project Description The McCaffrey Group has filed multiple applications including Plan Amendment Application Nos. A-13-004 & A-13-005, Rezone Application Nos. R-13-011 & R-13-012, Conditional Use Permit Application Nos. C-13-098 & C-13-099, and Vesting Tentative Tract Map Nos. T-6052/UGM & T-6053/UGM pertaining to t 17.56 net acres of property located on the northwest and northeast corners of North Hayes and West Herndon Avenues. The parcel located on the northwest corner is approximately 13.26 net acres and the parcel located on the northeast corner is approximately 4.30 net acres. The plan amendments propose to amend the 2025 Fresno General Plan and Bullard Community Plan. Plan Amendment Application No. A-13-004 proposes to amend 13.26 net acres of the subject property from the neighborhood commercial land use to the medium density residential planned land use designation. Plan Amendment Application No. A-13-005 proposes to amend 4.30 net acres of the subject property from the office commercial land use to the medium-low density residential planned land use designation. Rezone Application No. R-13-011 proposes to reclassify 13.26 net acres of the subject property from the C-1/EA/UGM/cz (Neighborhood Shopping Center/Expressway Area Overlay/Urban Growth Management/conditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management) zone district. Rezone Application No. R-13-012 proposes to reclassify 4.30 net acres of the subject property from the C-P/EA/UGM/cz (Administrative and Professional Office/Expressway Area OverlaylUrban Growth Management/conditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management)zone district. Conditional Use Permit Application No. C-13-098 requests authorization for the development of a 95-lot single family residential private street planned development with modified property development standards on approximately 13.26 net acres of the subject property at an overall density of approximately 7.16 dwelling units per acre. Conditional Use Permit Application No. C-13-099 requests authorization for the development of a 15-lot single family residential private street planned development with modified property development standards on approximately 4.30 net acres of the subject property at an overall density of approximately 3.48 dwelling units per acre. Vesting Tentative Tract Map No. 6052/UGM proposes to subdivide approximately 13.26 net acres of the subject property for the purposes of creating 95 single family residential lots for the proposed private street planned development. Vesting Tentative Tract Map No. 6053/UGM proposes to subdivide approximately 4.30 net acres of the subject property for the purposes of creating 15 single family residential lots for the proposed private street planned development. 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 REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004&A-13-005 Rezone Application Nos. R-13-011 &R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM&6053/UGM January 15, 2014 Page 9 improvements, is found to be consistent with the applicable general plan and applicable community 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 Residentiao zone district is consistent with the Medium-Low Density Residential (2.19-6.00 dwelling units/acre) and Medium Density Residential (4.99-10.37 dwelling units/acre) planned land use designations for the subject property. Therefore, the proposed future residential subdivisions and planned developments of the subject property at an overall density of approximately 3.48 dwelling units per acre for the 4.30 net acre parcel and 7.16 dwelling units per acre for the 13.26 net acre parcel, in a manner which is consistent with the permitted uses and property development standards of the proposed R-1 (Single Family Res/dent/ao zone district and FMC (as proposed by Conditional Use Permit Application Nos. C-13-098 & C-13-099 and Vesting Tentative Tract Map No. 6052/UGM and 6053/UGM) may be determined to be consistent with the Medium-Low and Medium Density Residential planned land use designation for the subject property. Subdivision Design The lot sizes range in size from 2,879 to 8,221 square feet in area for Vesting Tentative Tract Map No. T-6052/UGM and from 3,237 to 7,570 square feet in area for Vesting Tentative Tract Map No. T-6053/UGM. Homes will be designed for young families and empty nesters. Many lots will have front yard garage setbacks of five feet from the back of the sidewalk in Vesting Tentative Tract Map Nos. 6052/UGM and T-6053/UGM. The Traffic Division of Public Works will require that the Covenants, Conditions and Restrictions (CC & Rs) for the subdivision will contain a provision that prohibits vehicle parking in the driveway so as to not "block" the sidewalk. The conditional use permits will provide for reduced front and rear yard setbacks as are typically provided in planned development subdivisions. The table below will show the proposed building setbacks for each tract map: Front Back Side VTTM No. 6052/UGM 5' (garage); 10' min.; 5' min. 8' (living area 15' avera e VTTM No. 6053/UGM (lots 5' (garage); 10' min.; 5' min. 1-8) 10' (living area 15' average VTTM No. 6053/UGM (lots 5' (garage); 14' min. off Herndon Ave. 5' min. 9-15) 1 10' (living area L.E. sound wall The planned developments also propose 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 Exhibits "A-1 and A-2" of the CUP REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004 &A-13-005 Rezone Application Nos. R-13-011 &R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM&6053/UGM January 15, 2014 Page 10 site plans, dated December 11 & 17, 2013. 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 combining 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 combining 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. Up to eight floor plans for VTTM No. 6052/UGM and four floor plans for VTTM No. 6053/UGM, ranging in size from 1,050 to 1,600 feet in area, will be available with both single and two-story models. Every home will have a two-car garage with garage configurations varying per plan type (standard, staggered or tandem) thereby varying the streetscape. Outlots "A" through "F" of VTTM No. 6052/UGM and Outlots "B" and "C" of VTTM No. 6053/UGM are located throughout the subdivisions and are undevelopable due to the Pacific, Gas & Electric (PG&E) electrical transmission lines. It is also noted that PG&E officials attended the Subdivision Review Committee meetings and expressed concern regarding the location of homes near their power lines. Working with the developer's engineer PG&E officials were able to get "additional" distance between the new homes and their power lines as evidenced by the email message from PG&E official Kyle Patterson dated December 16, 2013 (attached in conditions of approval). VTTM No. 6052/UGM provides a gated pool in Outlot "A" on the northern end of the subdivision which provides an amenity that is easily accessible and within easy walking distance of all the homes. Outlot "E" provides a tot lot and Outlot "F" provides a dog park for use by the residents. Outlot "G" is comprised of the private streets and sidewalks. VTTM No. 6053/UGM provides a tot lot in Outlot "B" and Outlot "A" is comprised of the private streets and sidewalks. Walls/Landscaping/Common Open Space The applicant is required to install a 6 foot high wrought iron fence along the east property line of Outlot "C" (except within the emergency vehicle access) for VTTM No. 6052/UGM. The applicant is also required to install a six foot high solid masonry wall at the following locations for VTTM No. 6052/UGM: • South and east property lines of Lots 1, 51, 57, 59, and Outlot "F" • South and west property lines of Lots 23, 28, 85 • North and east property lines of Lots 31, 35, 41, 48, 52 • North and west property lines of Lot 30 • South, east, and west property lines of Lot 58 • North property line of Lots 29, 32, 42, 65 • South property line of Lots 24-26, 60-63, 66, 86-87 REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004 &A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM &6053/UGM January 15, 2014 Page 11 • East property line of Lots 2-4, 34 (portion), 40, 49-50, 53-56 • West property line of Lots 92 The applicant is required to install a six foot high solid masonry wall at the following locations for VTTM No. 6053/UGM: • South and west property lines of Lots 1, 9 • South property line of Lots 10-15 and Outlot"B" • West property line of Lots 2-3 The applicant is proposing a planned development, which will require that the developer establish a homeowner's association which will be responsible for maintaining the common open spaces which are depicted as Outlots "A" through "F" of VTTM No. 6052/UGM and Outlots "B" and "C" of VTTM No. 6053/UGM and the landscape areas along the streets adjacent to the planned developments. The applicant has proposed the common open space beneath the electric transmission lines given that PG&E maintains an easement and requires a minimum distance from all structures. The required landscaping outside of the planned development may be maintained by the City, should the applicant petition for annexation into the City's Community Facilities District No. 11. Given that the proposed subdivisions are located adjacent to and abutting major streets (North Hayes and West Herndon Avenues) within the boundaries of the Bullard Community Plan, the developments will be required to install landscaping and irrigation within a minimum 10 foot wide buffer strip along the North Hayes Avenue collector street frontage. VTTM No. 6052/UGM proposes a total of approximately 2.4 acres of open space, comprising 18 percent of the subdivision area and VTTM No. 6053/UGM proposes a total of approximately 1.46 acres of open space, comprising 33 percent of the subdivision area. Streets and Access Points VTTM No. 6052/UGM is proposed to have one main access point and one emergency vehicle access point to North Hayes Avenue. VTTM No. 6053/UGM is proposed to have one main access point to North Hayes Avenue and one emergency vehicle access point on the eastern boundary line of the subdivision through VTTM No. 5914/UGM to West Parr Avenue. Conditions of Zoning The applicant is proposing the existing conditions of zoning for both parcels to be removed. The conditions of zoning for property on the northwest corner of North Hayes and West Herndon Avenue reflect conditions for commercial development. -therefore, the conditions of zoning are not required for the proposed residential development. The conditions of zoning for property on the northeast corner of North Hayes and West Herndon Avenue reflect conditions for an avigation easement. The subject parcel was created by Vesting Tentative Tract Map No. 5914/UGM, which was partly within the Sierra Sky Park Specific Plan; therefore, the avigation REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004&A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM &6053/UGM January 15, 2014 Page 12 easement was a requirement. Since the subject parcel is not located within the Sierra Sky Park Specific Plan the condition for an avigation easement is no longer applicable to this parcel. 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 policies C-9-i and C-9-j recommend that Medium-Low and Medium Density Residential uses shall provide transition between low and medium density residential and shall be developed to maximize the efficient use of land. Objective C-10 of the 2025 Fresno General Plan promotes the development of more compact friendly, single-family residential projects to aid in the conservation of resources such as land, energy, and materials. Supporting policy C-10-a recommends facilitating the construction of higher density single family residential development while maintaining a pleasant living environment. Policy C-10-d encourages the development of two-story homes as a means to conserve land, maintain open space on residential lots, and provide adequate living space. Similarly, the goals of the Bullard 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-Low and 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 provided 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 sites will have direct access to a major street of sufficient capacity which do not pass through any adjacent single family neighborhoods prior to intersecting the major streets. The proposed project has been found to: provide diversity in housing types and housing opportunities for all ages and income levels, provide for efficient use of land while protecting the integrity of established neighborhoods, encourage a mix of uses and densities along major transportation corridors, provide for a safe, clean and aesthetically pleasing neighborhood, and provide for compatible relationships between differing housing types and densities. Therefore it is staff's opinion that the proposed project is consistent with respective general and community plan objectives and policies and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. Furthermore, the proposed project, including the design and improvement of the subject property, is found to: be consistent with the goals, objectives and policies of the applicable 2025 Fresno General Plan and Bullard Community Plan, to be suitable for the type and density of development, to be safe from potential cause or REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004 &A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098& C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM&6053/UGM January 15, 2014 Page 13 introduction of serious public health problems, and to not conflict with any public interests in the subject property or adjacent lands. Circulation Element Plan Policies and Major Street System Traffic Capacity The subject sites are located on the northwest and northeast corners of West Herndon and North Hayes Avenues. The 2025 Fresno General Plan designates West Herndon Avenue as an expressway and North Hayes Avenue as a collector. The subject sites are in close proximity to residential and commercial land uses which provide for a pattern of development that is anticipated to have the potential to reduce the number of average daily vehicle trips. The mitigation measures established by the certification of MEIR No. 10130, require that a traffic impact study (TIS) be submitted for all plan amendments. A TIS dated December 13, 2013, was prepared for the proposed 110-lot project by KD Anderson & Associates, Inc. The study applied the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual. The development of 110 single family residential lots on the subject sites are expected to generate an average of approximately 1,047 average daily trips (ADT). Of these vehicle trips it is projected that 82 will occur during the morning (7 to 9 a.m.) peak hour travel period and 110 will occur during the evening (4 to 6 p.m.) peak hour travel period. The existing 2025 Fresno General Plan planned land uses for the subject sites would generate 4,973 ADT, 165 trips occurring during the a.m. peak hour and 454 trips during the p.m. peak hour. The proposed land use change will decrease traffic by 3,926 ADT, 83 a.m. and 344 p.m, peak hour trips. Therefore, the traffic generated by the proposed development will have a less than significant impact on traffic. The proposed planned development subdivision, with the proximity and connectivity of residential, open space, and commercial land uses, provides for a pattern of development which is anticipated to have the potential to reduce the number of average daily vehicle trips. The proposed pattern of residential development, with nodes of higher housing densities in areas of the development that are easily served by proximate commercial uses along with open spaces and pedestrian paths which augment a well connected street network will provide a system of integrated and interesting travel routes to various destinations. The Public Works Department, Traffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the plan amendment, rezone, and conditional use permit applications and has determined that the streets adjacent to and near the subject sites will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the City Engineer dated December 16, 2013 (available for public view at City Hall-Third Floor, 2600 Fresno Street, Fresno, CA 93721). These requirements generally include: public street improvements, installation of a paved pedestrian path or sidewalk, installations of bike lanes, and 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. REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004 &A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM&6053/UGM January 15, 2014 Page 14 The area street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to, and recognize the traffic generating characteristics of, individual properties and, at the same time, afford the community an adequate and efficient circulation system. Public Services The Department of Public Utilities has reviewed the proposed project and has determined that adequate sewer, water, and solid waste facilities are available subject to compliance with the conditions submitted by the Department of Public Utilities for this project. City police and fire protection services are also available to serve the proposed project. Finally, the Fresno Metropolitan Flood Control District has indicated that there are adequate facilities to serve the proposed project subject to compliance with the conditions submitted by the District for the proposed project dated November 4, 2013. These departments and agencies have all submitted requirements that will be conditions of approval for the subject entitlement applications (conditional use permits and tract maps). These conditions of approval will ensure that the proposed project will have a less than significant impact to urban services. All conditions of approval must be complied with prior to occupancy. In accordance with the provisions of the 2025 Fresno General Plan and MEIR No. 10130 mitigation measures, project specific water supply and distribution requirements must assure that an adequate source of water is available to serve the project. The City has indicated that groundwater wells, pump stations, recharge facilities, water treatment and distribution systems shall be expanded incrementally to mitigate increased water demands. The Department of Public Utilities (DPU), Water Division has reviewed the proposed project and has provided that the City of Fresno UWMP identifies a water allocation of up to 34.14 of/yr for the project sites based upon the planned land uses designated in the 2025 Fresno General Plan. With approval of Plan Amendment Application Nos. A-13-004 and A-13-005 and Rezone Application Nos. R- 13-011 and R-13-012, the proposed project has the potential to increase the water demand for the project sites to 62.90 of/yr (UWMP, Table 6-4, 2008). According to the Water Usage/Demand Analysis for Tracts 6052 and 6053 dated December 2013, the project will use 29.79 of/yr. Therefore, the projects water usage is less than what was originally identified by the City of Fresno UWMP. The development will incorporate water use efficiency for landscaping. 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 private fire hydrants and the provision of adequate fire flows per Public Works Standards, also with two sources of water. Additionally, the proposed project will be required REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004&A-13-005 Rezone Application Nos. R-13-011 &R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM&6053/UGM January 15, 2014 Page 15 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. The subdivision will not be gated therefore an approved Police/Fire bypass locks, visual recognition features, and battery backups for gates is not required. Emergency vehicle access (EVA) will be provided off North Hayes Avenue for VTTM No. 6052/UGM and off the eastern boundary of VTTM No. 6053/UGM through VTTM No. 5914/UGM. 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. 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. Electric Transmission Lines and Tower The subject sites on the northwest and northeast corners of West Herndon and North Hayes Avenue are bisected by PG&E high voltage transmission power lines and transmission towers which traverse the project sites in a northwest and southeast direction and southwest to southeast direction. PG&E has existing easements over both properties which are depicted on the attached site plan labeled "Existing PG&E Easement, Pole Centerline and Available/Proposed Offset to Residential Units" dated December 13, 2013. Council District Plan Implementation Committee The District 2 Plan Implementation Committee recommended approval of the proposed projects at its meeting held December 16, 2013. 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. REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004 &A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098& C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM&6053/UGM January 15, 2014 Page 16 FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a.All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features; and, Finding The area of the proposed residential planned development is approximately 17.56 a: net acres in size. The subject sites have been proposed to be subdivided into 110 residential lots, with lot sizes ranging from 2,879 to 8,221 square feet in area at an overall density of approximately 7.16 du/acre for the 13.26 net acre parcel and 3.48 du/acre for the 4.30 net acre parcel. Multi-department/agency review of the proposed development plans (Conditional Use Permit Application Nos. C-13-098 & C-13-099) have demonstrated that there is adequate space to meet all applicable requirements of the Code as established and modified by Conditional Use Permit Application Nos. C-13-098 & C-13-099 in the Special Permit conditions of approval dated January 15, 2014; 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 b: estimated that the proposed developments will generate approximately 82 a.m./110 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 North Hayes and West Herndon 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 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 c: determined that 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 applications review and conditional use permit applications review processes. TENTATIVE TRACT MAP FINDINGS The Subdivision Map Act (California Government Code Section 66400 et. seq.) requires that a proposed subdivision not be approved unless the map, together with its design and REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004&A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos. 6052/UGM &6053/UGM January 15, 2014 Page 17 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 maps, together with their design and improvements, are consistent with the City's 2025 Fresno General Plan and Bullard Community Plan contingent upon City Council approval of Plan Amendment Application Nos. A-13-004 & A-13-005 and Rezone Application Nos. R-13-011 & R-13-012; to redesignate and rezone the subject property for Medium-Low (2.19-6.00 du/acre) and Medium Density Residential (4.99-10.37 du/acre) land uses and the R-1 zone district. 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 these planned land uses and zone district designations. 2. These sites are 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 subdivisions design and improvements are 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 sites are infill corners of land at locations, which have 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 subdivisions 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 subdivisions 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. REPORT TO THE PLANNING COMMISSION Plan Amendment Application Nos. A-13-004 &A-13-005 Rezone Application Nos. R-13-011 & R-13-012 Conditional Use Permit Application Nos. C-13-098&C-13-099 Vesting Tentative Tract Map Nos.6052/UGM&6053/UGM January 15, 2014 Page 18 The subdivision maps, subject to the recommended conditions of approval, comply 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. CONCLUSION Conditional Use Permit Application Nos. C-13-098 & C-13-099 and Vesting Tentative Tract Map Nos. 6052/UGM & 6053/UGM require approval by the Planning Commission. Unless the Planning Commission decision respective to the conditional use permits and vesting tentative tract maps are 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 conditional use permits and the vesting tentative tract maps can only be effective after the City Council approval of the plan amendments and the rezones. The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the Bullard Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that Plan Amendment Application Nos. A-13-004 & A-13- 005, Rezone Application Nos. R-13-011 & R-13-012, Conditional Use Permit Application Nos. C-13-098 & C-13-099, and Vesting Tentative Tract Map Nos. 6052/UGM and 6053/UGM are appropriate for the project sites. Attachments: Vicinity Map 2012 Aerial Photograph Public Hearing Notice Mailing List Vicinity Map 2025 Fresno General Plan Planned Land Use Map with proposed land uses Vesting Tentative Tract Map Nos. 6052/UGM & 6053/UGM Exhibits for Conditional Use Permit Application Nos. C-13-098 & C-13-099 Conditions of Approval for Vesting Tentative Tract Map No. 6052/UGM & Conditional Use Permit Application No. C-13-098 dated January 15, 2014 with associated memoranda from responsible or commenting agencies Conditions of Approval for Vesting Tentative Tract Map No. 6053/UGM & Conditional Use Permit Application No. C-13-099 dated January 15, 2014 with associated memoranda from responsible or commenting agencies Environmental Assessment Application No. A-13-004/A-13-005/R-13-011/R- 13-012/C-13-098/C-13-099/T-6052/T-6053, finding of a Mitigated Negative Declaration dated December 20, 2013 U �,.� UeAl Tie LO -��a f , 0 it = �' r_.. -.`and�faafa�9•N 'N CianeettrAv :, _ r • Y Q a Y h1•GrQgnry Ave;, JA o J LL a 4.1 • Q • � :N-�asn All - 6ain Ave Hayes Ave•'.• 00 � a cED L 00 0 m � I . a 11 V r - de.Gou ntry•Ci ub•Ave--� k�A 2�P 4�e o Aveernd - \� 300 ® Subject Property VICINITY MAP DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT PLAN AMENDMENT NOS. 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LU LU �9 �m PI• N 13 -� - ---- -------------- r 1 I C 13 oa�l P'3 Iz 11 13 � I WEST FIA AVENUE it ? aw m z 3: > I Z WEST FIR AVENUE I I I I ' I 1 (7 a ccc -- - > > w� Lu Lu cc ccN J Z I I I T I I I f ! —___ !NR!(fT A... -. _-_-� --- -\ - -�_ AM . --._ ----�I ---------------. OUi I I'I ISI I: I;I l III III r C I IIIY 10t D i I 10 j j i 1 i i i I ff i i I 1L 1 J 5 1 I WEST HERNDON AVENUE ! i + LEGEND CONCRETE SIDEWALK TRACT 6`53 LANDSCAPE AREA SITE PLAN SHOWING I PEDESTRIAN ACCESS AND LANDSCAPE I McCaffrey 126MO13 - HOMES mortonpltalo ■ i n s• ;. M rp ¢s t 4�: � 6• t �� t�.��f o� V °�'iais��."g9,s s e e.�5�a i► � F � E!��t111�i �� O 00000000 000®o � p i f e9 III'i ii3fj$� �a rjr o o 0E) 0 o ' 3 S'.58k E:B5asa O O 0 O 00000 ` Q oLL �O of LL FA 10 10 , r - - - AO Lu Lu TT_ 'Jrz 3 � o � D 3 �\�—`�Jf^��'J I"-1 rI a I I f -7 -1/ 1 • � �^' tu D . � I T I� N/ 1•I u1000000000[J000O l— 1 mow.- nINQ;as CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL JANUARY 15, 2014 VESTING TENTATIVE TRACT MAP NO. 6053/UGM "A PLANNED DEVELOPMENT" "A PHASED MAP" NORTHEAST CORNER OF NORTH HAYES AND WEST HERNDON 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 tract map: NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. URBAN GROWTH MANAGEMENT REQUIRMENTS (GENERAL) The subdivider of property located within the Urban Growth Management (UGM) boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the UGM process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 6053/UGM, the subdivider may prepare a Final Map in accordance with the approved tentative map. 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 Nos. 6053/UGM January 15, 2014 Page 2 4. Submit grading plans and a soils report to the City of Fresno Development and Resource Management Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 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. 80-420) and any amendments, modifications, or additions thereto. 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 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 Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 3 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. 12. Relinquish direct vehicular access rights to North Hayes and West Herndon Avenues from all lots within the subdivision. GENERAL INFORMATION 13. Contact the United States Postal Service (USPS) for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least six months prior to the first occupancy, the Developer shall contact the local USPS representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. i) Attached for the subdivider/developer's use is a copy of the Mode of Delivery Agreement— New Construction Form. 14. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," any multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of FMC Chapter 12, Article 10, Subdivision of Real Property. 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 FMC. 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. Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 4 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 nurnber (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; and, 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 Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 5 sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 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-13-004/A-13-005/R-13-011/R-13-0212/C-13-098/C-13-099/T- 6052/T-6053 dated December 20, 2013. a) The Mitigated Negative Declaration prepared for the proposed project is tiered off of the 2025 Fresno General Plan Master Environmental Impact Report (IVIEIR) No. 10130 and Air Quality HIND. 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. Pursuant to Rezone Application No. R-13-012 the subject property is proposed to be zoned R-1/EA/UGM (Single Family Residential District/Expressway Area Overlay/Urban Growth Management). Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the respective R-1/EA/UGM zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-13-099. 24. Approval of Vesting Tentative Tract Map No. T-6053/UGM is contingent upon approval of Plan Amendment Application No. A-13-005 and Rezone Application No. R-13-012 and as a proposed "Planned Development' subdivision, approval of Vesting Tentative Tract Map No. 6053/UGM is contingent upon approval of Conditional Use Permit Application C-13-099. a) Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the R-1/EA/UGM zone district, including but not limited, to the following exceptions and/or specific conditions: garage setbacks shall be no less than five feet from the back of sidewalk and living areas shall be no less than eight feet from the back of sidewalk; five foot side yard "use easements" and modified minimum lots sizes to as low as 3,237 (versus 5,000 square feet) and minimum width of 45 feet (versus 50 feet) and minimum depth of 69 feet (versus 90 feet) shall be permitted per Exhibits A-1, A-2, and A-3, all dated December 11, 2013. 25. The existing covenant for the subject property related to the conditions of zoning established through adoption of City Council Ordinance No. 2008-22 may be Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 6 released upon Council Approval of Rezone Application No. R-13-012 for this property. Lot Area and Dimensions 26. Pursuant to Section 12-306-N-21 of the FMC the Director of the Development and Resource Management Department or the Planning Commission may modify the 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. 6053/UGM prepared December 6, 2013. Building Setbacks 27. 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-13-099. Fences, Hedges & Walls 28. 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-13-099. 29. Construct a six-foot high solid masonry wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the FMC at the rear of the required landscaped areas along North Hayes and West Herndon Avenues. A six-foot high wrought iron fence is permitted along the west property line of Outlot "B" adjacent to North Hayes Avenue. 30. Construction plans for required walls showing architectural appearance and location of all walls shall be submitted to the Development and Resource Management Department for review prior to Final Map approval. 31. All landscaping adjacent to walls or fences shall comply with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards." 32. Provide a corner cut-off area at all entryway intersections, where walls or fences are required, in accordance with Section 12-306-H-3-d of the FMC. Corner cut- offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. The corner cut-off area shall be Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 7 landscaped (including an irrigation system), and may be included within the City's Community Facilities District. LANDSCAPING AND OPEN SPACE 33. In accordance with Section 12-211.5-E-3(b) of the FMC, the subdivider shall provide a minimum 10-foot wide landscaped area (and irrigation system) along the North Hayes Avenue. • NOTE: Outlots "A" through "C" of Vesting Tentative Tract Map No. 6053/UGM shall be utilized for private landscaping, private walkways, private streets, and private parking, recreational purposes and open space purposes in accordance with the requirements stipulated below. Ownership of the proposed outlots will NOT be accepted by the City of Fresno. Where proposed, outlots SHALL remain private and NOT become city property. a) Maintenance of Outlots "A" through "C" of Vesting Tentative Tract Map No. 6053/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. • NOTE: Pursuant to proposed City policy, Outlots "B" and "C" of Vesting Tentative Tract Map No. 6053/UGM may be applied as a fee credit against the City's Parkland Dedication/In-Lieu Fee (Quimby Act) and/or Park Facilities Fee, as appropriate. 34. 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-13-098. 35. Provide a minimum eight-foot wide landscaped strip in the form of a pedestrian and planting easement (PPE) at the south property line of Lot 1 of Vesting Tentative Tract Map No. 6053/UGM. a) All "end-block" landscape treatments shall be maintained in accordance with the Maintenance Obligations stipulated herein below or in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. 36. Landscaping, which is compliant with the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards," shall be required adjacent to all required walls or fences that are accessible to the public and shall be maintained Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 8 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. 37. The subdivider is required to provide street trees on all public street frontages per the FMC and for the dedication of planting and buffer landscape easements as determined by the Development and Resource Management Department. Street trees shall be planted at the minimum rate of one tree for each 60 feet of street frontage; or, one tree per home (whichever is greater) by the developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, Water Efficient Landscape Standards. 38. Comply with all of the: (1) Street Tree, (2) Buffer Landscaping & Maintenance, (3) Median Island Landscape, (4) Outlots; and, (5) Trail requirements stipulated within the Department of Public Works memorandum from the Parks Supervisor dated November 4, 2013. STREETS AND RIGHTS-OF-WAY 39. The following street names shall be corrected on the tentative map: Street Name StatusJ� Required Change (Provide new street names (Interior Private Streets) Add for review & approval prior to recordation of a Final Map) 40. 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. 41. A five foot Public Utility Easement (PUE) is required on the frontage of all lots. 42. Comply with all of the requirements of the Public Works Department, Engineering and Traffic Division memorandums dated December 16, 2013 and December 31, 2013. SANITARY SEWER SERVICE The nearest sanitary sewer main to serve the proposed project is a 15-inch sewer main located in North Hayes Avenue. Sanitary sewer facilities will be available to provide service to the tract subject to the following requirements: Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 9 43. Comply with all of-the requirements of the attached Department of Public Utilities, Planning and Engineering Division memorandum dated October 23, 2013. WATER SERVICE The nearest water main to serve the proposed project is a 16-inch main located in North Hayes Avenue. The following conditions are required to provide water service to the project: 44. Comply with all of the requirements of the attached Department of Public Utilities, Water Division memorandum dated October 21, 2013. SOLID WASTE SERVICE This tract will be serviced as Single Family Residential Properties with Basic Container Service, subject to the following conditions: 45. Comply with all of the requirements of the attached Department of Public Utilities, Solid Waste Division memorandum dated December 31, 2013 Revised. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 46. Comply with all of the requirements of the attached Fresno Fire Department memorandum dated January 10, 2014. FLOOD CONTROL AND DRAINAGE 47. 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 FMC. These requirements are identified in the District's letters to the Development and Resource Management Department dated November 4, 2013. 48. The FNIFCD system does not have the capacity to serve the proposed development. The developer is required to mitigate the impacts of increased runoff. The developer may either make improvements to the existing pipeline system to provide additional capacity or may construct some type of permanent peak reducing facility in order to eliminate the adverse impacts on the existing system. The developer shall work with the FMFCD and the Development and Resource Management Department staff. Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 10 CENTRAL UNIFIED SCHOOL DISTRICT 49. The developer/subdivider shall comply with all of the requirements of the attached Central Unified School District memorandum dated November 4, 2013. FRESNO IRRIGATION DISTRICT 50. Comply with all of the requirements of the attached Fresno Irrigation District memorandum dated November 1, 2013. COUNTY HEALTH 51. Comply with all of the requirements of the attached County of Fresno Department of Public Health memorandum dated October 16, 2013. AIR DISTRICT 52. Comply with all of the requirements of the attached San Joaquin Valley Air Pollution Air District memoranda dated October 21, 2013. PACIFIC GAS & ELECTRIC 53. Comply with the attached Pacific Gas & Electric email dated December 16, 2013 and site plan dated December 13, 2013 depicting the existing easement and available/proposed offset to residential units. RIGHT-OF-WAY ACQUISITION 54. The developer will be responsible for the acquisition of any necessary right-of- way to construct any of the required improvements. 55. 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. 56. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 57. 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 Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 11 estimated appraisal amount (to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 58. 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 59. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. If the Council or property owner/developer chooses not to include all of the items or certain items listed in a Community Facilities District (CFD), the property owner/developer shall be responsible for providing a mechanism approved by the City of Fresno for maintenance of such items. a) Maintenance of all landscaping and irrigation systems as approved by the Public Works Department within the public street right-of-ways and landscape easements; including without limitation parkways and buffers along West Herndon and North Hayes Avenues. • 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) All landscaping, trees, irrigation systems, hardscaping and amenities within the bike/pedestrian/landscape easement along West Herndon Avenue. c) Maintenance of sidewalks and street furniture as approved by the Public Works Department within the public street right-of-ways and the landscape easements associated with the subdivision. d) Maintenance of all landscape and irrigation systems on sides and in medians, decorative concrete and pilasters included as entry treatments to the tract. e) Concrete curb and gutters, sidewalks, curb ramp, expressway barrier fence, and street lights within the public rights-of-way in West Herndon Avenue. f) Concrete curb and gutters, sidewalks, curb ramps, median island curbing and hardscape, and street lights within the public rights-of-way in North Hayes Avenue, including the valley gutter and paving within the street rights-of-way at the entrance. Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 12 60. If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. a) Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (http://www.fresno.-gov) under the Public Works Department Developer Doorway. 61. 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 and Resource Management Department for processing. This shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. 62. Proceedings to place the Final Map into a CFD shall not commence until the Final Map has been annexed into the City of Fresno and the Final Map, Landscape and Street Construction Plans are considered to be technically correct. 63. If the developer/subdivider elects to petition for annexation into the City's CFD, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the CFD assessment. 64. Should the City Council or owner/developer choose not to include the maintenance items listed above in a CFD, then the property owner/developer shall create a homeowners' association for the maintenance of these items and proposed private streets, utilities, outlots and walls/gates. a) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the FMC. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: Should the owner/developer elect to establish a Home Owners' Association to perform maintenance obligations and assure that said obligations are met, then the owner/developer may include Vesting Tentative Tract Map Nos. 60531UGM January 15, 2014 Page 13 such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Development and Resource Management Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Development and Resource Management Department Guidelines for preparation of CC&Rs dated January 11, 1985. 65. Comply with the attached memorandum from the Public Works Department- Traffic and Engineering Services Division dated November 12, 2013. DEVELOPMENT FEES AND CHARGES GOVERNMENT CODE§66020(d)(1) A protest filed pursuant to subdivision (a) shall be filed 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 other exactions to be imposed on a 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. Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments to be completed with development. 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) d. Trunk Sewer Charge [2] Service Area: Cornelia $419.00/living unit e. Wastewater Facilities Charge [3] $2,119.00/living unit Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 14 f. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. h. Frontage Charge [1] $6.50/lineal foot i. Transmission Grid Main Charge [1] $643/gross acre (parcels 5 gross acres or more) j. Transmission Grid Main Bond Debt [1] Service Charge $243/gross acre (parcels 5 gross acres or more) k. UGM Water Supply Fee [2] $407.00/living unit Service Area: 201-S I. Well Head Treatment Fee [2] $0/living unit Service Area: 201 m. Recharge Fee [2] $0/living unit Service Area: 201 n. 1994 Bond Debt Service [1] $0/living unit Service Area: 201 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee—Citywide [4] $539.00/living unit p. Park Facility Impact Fee — Citywide [4] $2,278.00/living unit q. Quimby Parkland Dedication Fee [2] $1,120.00/living unit r. Citywide Regional Street Fee [3] $8,361.00/adj. acre s. New Growth Area Major Street Fee [3] $18,790.00/adj. acre t. Police Facilities Impact Fee — Citywide [4] $624.00/living unit Vesting Tentative Tract Map Nos. 6053/UGM January 15, 2014 Page 15 u. Traffic Signal Charge [1] $450.94/living unit v. Street Acquisition/Construction Charge [2] NIA Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009 — 01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. [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 JANUARY 15, 2014 CONDITIONAL USE PERMIT APPLICATION NO. C-13-099 "A PLANNED DEVELOPMENT" NORTHEAST CORNER OF NORTH HAYES AND WEST HERNDON AVENUES PART A - PROJECT INFORMATION 1. Assessor's Parcel No(s): 503-020-51 2. Street Location: 7050 North Hayes Avenue (Council District 2, Councilmember Brandau) 3. Existing Zoning "C-P/EA/UGM/cz" (Administrative and Professional Office/ Expressway Area Overlay/Urban Growth Management conditions of zoning) 4. Proposed Zoning "R-1/EA/UGM" (Single Family Residential/Expressway Area Overlay/Urban Growth Management) 5. Existing Planned Land Use: Office Commercial 6. Proposed Planned Land Use: Medium-Low Density Residential (2.19-6.00 dwelling units/acre) 7. Plan Areas: Bullard Community Plan 8. Project Description: Requests authorization for a 15-lot single family residential private street planned development with modified property development standards for lots proposed to be created by Vesting Tentative Tract Map No. 6053/UGM. The proposed project will also include improvements within three 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 January 15, 2014, approved the special permit application subject to the enclosed list of conditions and Exhibit(s) "A-1", "A-2", "A-3", "L-1" & "L-2" dated December 11, 2013, inclusive of Conditional Use Permit Application No. C-13-099. Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 2 of 19 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-13-099 and Vesting Tentative Tract Map No. T-6053/UGM. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The 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.) Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 3 of 19 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 exhibit(s) to the final exhibit(s). CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by January 15, 2018 (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 the corrected, final site plan, together with copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Development Services Division for final review and approval, a minimum of 10 days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Development Services Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please contact McKencie Contreras at (559) 621-8066 or via e-mail at McKencie.ContrerasCcilfresno.gov to schedule an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 4 of 19 This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997. PART C - PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relating to dedications, street improvements or off-street parking geometrics may be directed to Louise Gilio at (559) 621-8678 / Louise.Gilio@fresno.gov of the City of Fresno Public Works Department, Traffic and Engineering Services Division. 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit(s) "A" is/are required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights-of-way. b) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub- surface private structures and appurtenances extending within the public rights-of- way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved rior to issuance of building permits. c) DEDICATIONS. The following dedication requirements must be satisfiedrp for 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 December 31, 2013. d) VACATIONS. The following vacation requirements must be satisfied Pdar 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. Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 5 of 19 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, LEigE 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 rior 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. 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 Servicesrp for 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, rior 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.) Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 6 of 19 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) 'EA", Expressway Area Overlay District(§12-244 of the FMC) iii) "UGM", Urban Growth Management(Article 4.5 of the FMC) iv) 2025 Fresno General Plan v) Bullard 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-13-004/A-13- 005/R-13-011/R-13-012/C-13-098/C-13-099/T-6052/T-6053 dated December 20, 2013. 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 NIEIR and Air Quality MND for subsequent projects; included herein by reference. 3. ZONING a) Approval of Conditional Use Permit Application No. C-13-099 is contingent upon approval of Vesting Tentative Tract Map No. 6053/UGM; and City Council approval of Plan Amendment Application No. A-13-005 and Rezone Application No. R-13- 012. • NOTE: The required covenant for the subject property related to the conditions of zoning shall be released upon Council Approval of Rezone Application No. R-13-012 for the portion of this subject property. A fee of $721 shall be paid to the City of Fresno for the Release of Covenant. 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 EA No. A-13-004/A-13-005/R-13- 011/R-13-012/C-13-098/C-13-099/T-6052/T-6053 dated December 20, 2013. c) The subject property is proposed to be zoned under the R-1/EA/UGM (Single Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 7 of 19 Family Residential/Expressway Area Overlay/Urban 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-13-099. 4. USES PERMITTED a) Contingent upon approvals referenced herein above, the subject property is authorized for development with single family residential uses in accordance with Conditional Use Permit Application No. C-13-099 and Vesting Tentative Tract Map No. 6053/UGM. 5. POPULATION DENSITY a) Pursuant to the proposed Medium-Low Density Residential planned land use designation for the subject property; the subject property shall be developed in accordance with Vesting Tentative Tract Map No. 6053/UGM and Exhibit(s) "A" of Conditional Use Permit Application No. C-13-099. i) Based upon the number of dwelling units (du) allowed per acre, respective to the Medium-Low Density Residential planned land use designation, the subject property is required to be developed with 2.19 — 6.00 du/acre to meet the density requirements of the 2025 Fresno General Plan and FMC. • NOTE: Pursuant to Vesting Tentative Tract Map No. 6053/UGM and Conditional Use Permit Application No. C-13-099, the subject property is proposed to be developed at an overall density of approximately 3.48 du/acre. 6. BUILDING HEIGHT a) No building or structure erected in the R-1 (Single Family Residential) 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. b) 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. , Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 8 of 19 7. BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS a) In accordance with Section 12-244 of the FMC (Expressway Area Overlay District), on properties zoned for residential uses, no building shall be erected within 200 feet of an abutting expressway right-of-way line except as follows: i) On those properties zoned for residential uses for which noise is reduced to not more than 60 Ldp, as determined by noise evaluation and noise reduction procedures approved by the Office of Noise Control, California Department of Health, the minimum building setback shall be not less than 75 feet from the center line of the nearest moving traffic lane of the abutting expressway. • NOTE: In accordance with the implementation and mitigation measures of the 2025 Fresno General Plan, an acoustical analysis was prepared for the proposed project by Brown-Buntin Associates, Inc., dated December 19, 2013. The acoustical analysis provides recommendations for mitigation of noise from the abutting expressway, which are incorporated herein as conditions of approval and project specific mitigation measures. Compliance with these conditions of approval will effectively mitigate noise levels to less than 60 Ldp. b) All lots shall provide a minimum front yard setback of five feet to the garage and 10 feet to the living area. The setback shall be measured from the property line to the front of the roll-up garage door. Should a roll-up garage door not be provided, the minimum distance shall be 20 feet. c) Lots 1-8 shall have a minimum rear yard setback of 10 feet and lots 9-15 shall have a minimum rear yard setback of 14 feet off the Herndon Avenue Landscape Easement. d) Proposed structures are required to be found in compliance with the fire resistive standards of the Uniformed Building Code. In the event structures do not comply they must be modified so as to meet the requirement. 8. 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-13-099. Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 9 of 19 9. 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 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" and "C" of Vesting Tentative Tract Map No. 6053/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. The outlots shall be maintained by the Home Owner's Association; or, the maintenance shall be provided by the developer/subdivider and assured through an alternative mechanism in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. c) All yards (including private) and areas designated for open space purposes shall be landscaped and maintained in accordance with Sections 12-306-N-24 of the FMC. i) All yards and landscaped areas located adjacent to street frontage shall be provided automatic irrigation systems. ii) All yards (including private) and areas designated for open space purposes shall comply with the water efficient landscape standards in accordance with Section 12-306-N-23 of the FMC. d) All required walls or fences, which are accessible to the public, shall incorporate an adjacent landscaped buffer area pursuant to the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards." e) Provide a minimum of 38 medium sized 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 Division for review and approval prior to issuance of building permits. Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 10 of 19 ii) Trees shall be planted in all landscaped areas required in the conditions of approval for Vesting Tentative Tract Map No. 6053/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 November 4, 2013 and December 26, 2013. • 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 10 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. 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) Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 11 of 19 621-8685 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 landscape plans.) 10.FENCES, HEDGES, AND WALLS Fences, hedges and walls shall be provided in accordance with the following: Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 12 of 19 a) All proposed fences, hedges and walls, etc. shall be reviewed and approved prior to installation by the City of Fresno, Development and Resource Management Department. (Include this note on the site plan.) i) Clearly depict any proposed/existing fences, hedges and walls on Exhibit(s) "A" of Conditional Use Permit Application No. C-13-099. 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 26-foot wide landscape easement along the south property line of all lots with frontage along West Herndon Avenue (i.e., Lots 9-15 and Outlot "B" of Vesting Tentative Tract Map No. 6053/UGM). • NOTE: A pedestrian access opening is required in the wall along the south property line of Outlot "B" adjacent to West Herndon Avenue of Vesting Tentative Tract Map No. 6053/UGM and the Development and Resource Management Department shall review the gate design. 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 10-foot wide landscape easement along the east property line of all lots with frontage along North Hayes Avenue (i.e., Lots 1-3 of Vesting Tentative Tract Map No. 6053/UGM.) d) Construct a 6-foot high solid masonry sound wall (at finished grade of proposed site) pursuant to the solid wall requirements of Section 12-306-H of the FMC along the property lines between all outlots and residential lots (i.e., 1, 8, and 9 of Vesting Tentative Tract Map No. 6053/UGM.) e) 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. 6052/UGM. f) No fence, hedge, or wall over three feet in height shall be permitted in any required front yard setback area or within the required side yard setback area on the street Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 13 of 19 side of a corner lot. g) Street side yard fences on reversed comer lots shall be setback a distance equal to, or greater than, the required front yard setback for the abutting key lot. h) All fences, hedges and walls shall conform to-the provisions of Section 12-306-H of the FMC. i) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard, which may occur as a result of improper fence installation or damage to the fence. 11.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. 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-13-099. 12.OUTDOOR ADVERTISING AND MARKETING a) Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Development Services Division's Public Front Counter. (Include this note on the site plan). b) Install a sign at the entry of the development which notifies the public that the development is private. 13.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 Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 14 of 19 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. 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 Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 15 of 19 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 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 three-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. Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 16 of 19 14.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. 6053/UGM dated January 15, 2014. 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. 15.COVENANTS AND AGREEMENTS a) The Covenants, Conditions, and Restrictions (CC&R's) for the owner's association shall comply with Section 12-1026 of the Fresno Municipal Code. b) The CC&R's for the subdivision shall contain a provision that prohibits vehicle parking in the driveway so as to not"block" the sidewalk. c) The existing covenant for the subject property related to the conditions of zoning established through adoption of City Council Ordinance No. 2008-22 may be released upon Council Approval of Rezone Application No. R-13-012 for this property. 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; (4) Outlot; and, (5) Trail requirements included within the Department of Public Works, Streets Maintenance Division memorandum dated November 4, 2013. b) Comply with the Transmittal memorandum for Check Print #1 dated December 26, 2013 from the Department of Public Works, Streets Maintenance Division. 2. TRANSPORTATION/TRAFFIC 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 December 16 & 31, 2013. 3. PUBLIC UTILII-IES REQUIREMENTS a) Comply with all of the requirements included within the attached Department of Public Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated October 23, 2013. Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 17 of 19 b) Comply with all of the requirements included within the attached Department of Public Utilities, Water Division memorandum dated October 21, 2013. 4. SOLID WASTE COLLECTION a) Comply with all of the requirements included within the attached Department of Public Utilities, Solid Waste Division memorandum dated December 31, 2013. i) 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. 5. FIRE PROTECTION REQUIREMENTS a) Comply with all of the requirements included within the attached City of Fresno Fire Department memorandum dated January 10, 2014. 6. FLOOD CONTROL REQUIREMENTS a) Comply with all of the requirements, including payment of the applicable drainage fee, included within the attached Fresno Metropolitan Flood Control District memorandum dated November 4, 2013. 7. COUNTY HEALTH a) Comply with all of the requirements included within the attached County of Fresno Department of Public Health memorandum dated October 16, 2013. 8. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT a) Comply with all of the requirements included within the attached San Joaquin Valley Air Pollution Control District memorandum dated October 21, 2013. b) 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. Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 18 of 19 9. CENTRAL UNIFIED SCHOOL DISTRICT a) Comply with the attached memorandum from Central Unified School District dated November 4, 2013. i) The developer will be required to pay the District's school facilities fee at the time of building permit. • NOTE: New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. 10.DEPARTMENT OF TRANSPORTATION a) Comply with all of the requirements included within the attached Caltrans memorandum dated November 4, 2013. 11.FRESNO IRRIGATION DISTRICT a) Comply with all of the requirements included within the attached Fresno Irrigation District memorandum dated November 1, 2013. 12.PACIFIC GAS AND ELECTRIC a) Comply with the attached exhibit dated December 13, 2013 depicting the existing Pacific Gas and Electric easement and proposed offset to residential units. 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 Conditions of Approval Conditional Use Permit Application No. C-13-099 January 15, 2014 Page 19 of 19 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. WODE OF DELIVERY AGR E ENT - NEW CONSTRUCTION United States Postal Service - Sacramento District Project Information ' Name of Project ZIP CODE: Estimated# Route T e/Number Location: Deliveries YP Unit/Office: City# Rural# c„+liaetri Deter iun�:d stimated Delivery Gale I,Monln and Year)' USPS Contact information Contact Made ByDala: Telephone ;: Builder/Dove oper Contact informs _on Name. Title Pl.one. Firriv Address Equipment Information TYPE OF PROJECT TYPE&QUANTITY OF EQUIPMENT c ieC Centralized type Vanes i v+crs Q I Equipment €lic - - 0e Bldg — CBU Tr pe"1 I'-.1 - - _--- Shopping/•`.itnp NMI I CBU Type it (-2)— Apt -t)Ac,t Cgnc:; COU Type III(1G) 4 luwnhorr. — CBU T, IV f!3r _ Nlodular I ,:n. - _ _ V�lallrnount Std4C __ ISin le_Fanuli Parcel Lockers-- Cther ISpc..ry (j[ Purc asohnstal at on Responsibility L �f)w'r+.lIa-. -- ssueX ey Res op n'sibility_ _ _ �_ Owner;Developer —_ _—�'U S "r' SOther see t_'or<,mP I'll Comments Aro(r;eO rrlkli)s k1i D(,d1I.i b 3Wi lerif�u'fClOpct'r'.t, ):.+._ und:r,iiat;ds Thal lie.she must rrr+ply wit U;.PS • ur.io:'t +:cd�2pe;:'ttr,ai•.,n_ i i I ' . '1e; hv;Ayre+, I+•. .::+•• In:�t'�e`>;iil+i!•�d:w®lapel ri111+urrhase and install t'., as ui;c'at..; ihc, fi I c iliors err.rm ;i; ;teary r c stg:uteri n vi fl +at ,, .)_r.t'y ' Icoul A!iY _ It• U.t 1rE' l I,rovetj jointly h+, r-++ + t• 'fie%—i^Itiec I USPS REPRESENTATIVE' PROPERTY OWNERMEVELOPE_tiMANAGER. Name. Cath Giitee `Name: T lle Growth C_oordiriator _ Title IS) nature. -- — — I_mle - - - -— r'hone #559-440-4267 - "Telephone# F,4X •`-`i5:i-440-428t, FAX#. DEPARTMENT OF PUBLIC WORKS TO: McKencie Contreras, Planner III DARM, Planning Division FROM: Hilary Kimber, Parks Supervisor II (559.621.1345) Public Works, Street Maintenance Division DATE: November 4, 2013 SUBJECT: Tract 6053; 7050 North Hayes Avenue (APN: 503-020-51) located on the northeast corner of North Hayes and West Herndon Avenues. The Department of Public Works has reviewed the Tentative Tract Map proposed by Morton & Pitalo, Inc., on behalf of the McCaffrey Group and the proposed landscape plans by Broussard Associates .The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street right-of-ways, landscape easements, outlots and median islands: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and for the dedication of planting and buffer landscaping easements as determined by the Planning Department. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage or one tree per home(whichever is greater) by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards and AB 1881. 2. Due to the existing overhead PG&E transformer lines, trees taller than 15' are not allowed within the 130 foot space below the high wires. The proposed Platanus acerifolia (London Plane)trees along the trail on W. Herndon Ave. and the various large trees (Koelreuteria paniculata and Platanus acerifolia) in the greenspaces will need to be changed to a smaller-sized tree. A list of acceptable trees underneath PG&E power lines is attached. The designated street tree for North Hayes Avenue(except underneath the PG&E Transformer lines)is: Sapium sebiferum Chinese Tallow 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting, the developer shall plant one tree for each 60' of street frontage, or one tree per lot having street frontage, whichever is greater. Tree planting shall be within a 10' Public Planting and Utility Easement. a. Street tree inspection fees shall be collected for each 60' of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works"Standard Specifications." c. Landscape plans for all public use areas, such as parkways, buffers, medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the 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 new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23 and AB 1881. The Public Works Department requires all proposed median islands to be constructed with a one foot wide colored concrete strips, flush along curb edge, in a 12 inch by 12 inch brick red slate pattern. 4. Trees shall not be planted in sections which are less than eight (8) feet wide unless approved by the Public Works Department. Sections less than eight (8) feet shall be capped with concrete as an integral part of the off site improvements,whether the median is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District(CFD). If the outlots are to be included into the CFD, the Department of Public Works will require approved landscape and irrigation plans to be submitted with landscape buffer plans prior to inclusion into the CFD. 3. 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. 4. TRAIL REQUIREMENTS 1. The trail shall be constructed in accordance with the "Master Trails Manual' and the Public Works Department standards. The subdivider is responsible for the trail construction. The subdivider is responsible for all landscape and irrigation improvements for and within the trail. Construction plans shall be submitted and shall include landscaping and automatic drip irrigation design. Trail cross-sections will be required with submittal of Street Plans and Landscaping/Irrigation Plans for review and approval.These plans shall be in compliance with current City standards and approved by the Department of Public Works. Landscaping within the regional/multipurpose trail shall include large, medium and low-growing shrubs planted from 3 to 6 feet apart depending on variety, and trees spaced approximately 25 to 45 feet apart to provide 50%shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with "Landscaped Buffer Development Standards." All planting areas shall be irrigated with an automatic system. City of FR DATE: December 31, 2013 TO: McKencie Contreras Development and Resource Management Department THROUGH: M. Scott Tyler, PE, City Traffic Engineer Public Works Department,Traffic& Engineering Services Division FROM: Louise Gilio, Traffic Planning Supervisor Public Works Department, Traffic& Engineering Services Division SUBJECT: Public Works Conditions of Approval TT 6053/C-13-099, (Herndon at Hayes) Fhe McCaffrey Group/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. Provide the following information and/or complete the following,prior to final map. 1. Recordation of T-5914 is required prior to subdividing this map. 2. Identify and dimension all proposed dedications and vacations on the site plan. 3. Revise cross sections per Public Works Standards. 4. Submit GAD for Hayes Avenue. 5. Revise design of the dead ends to allow for vehicle turn around. 6. Provide detail for the pedestrian access to the proposed trail. Public/Private access, gates, EVA access, bollards, etc. 7. Identify PSUE in legend. 8. Identify relinquishment of vehicular access on the map. 9. Provide truck turning templates over the entrance to identify Fire and Solid Waste vehicle accessibility. Redesign may be required. General Conditions: 1. Curb Ramps: Provide curb ramps at all corners within the limits of this subdivision. 2. Pedestrian Easements: Identify all pedestrian easements on the map. a. Major Streets:A 2'dedication for a pedestrian easement is required. 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. Outlots: If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes, subdivider shall prove to the City that the outlot is free of toxic or hazardous materials pursuant to the requirements of City Administrative Order 8-1, including, but not limited to, performing a Phase I Soils Investigation. The soils Investigation report shall be submitted to the Public Works Department for review and approval. The subdivider must obtain Public Works approval of the Page 1 of 7 T\Traffic Planning\_CONDITIONS OF APPROVAOTRACT MAPS\6000\T-6053 HAYES 7050 N\T-6053 HAYES 7050 N.doc soils investigation report and complete any mitigation work identified by the soils investigation prior to subdivider's submittal of the Final Map to the Development Department. Any and all costs associated of the soils investigation and any required mitigation work shall be performed at the sole expense of the subdivider. 6. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Public Works Department for review and approval-Street:construction, signing, striping, traffic signal and streetlight and Trail: construction,grading, lighting, striping, signing, landscape and irrigation. 7. Street widening and transitions shall also include utility relocations and necessary dedications. 8. Maintain a 10' sight triangle at all driveways and a 30' sight triangle at all street intersections. Frontage Improvement Requirements: Major Streets: Haves Avenue: Modified Collector w/median 1. Dedicate 30'-62' of properly from center line for public street purposes within the limits of this subdivision to meet the current City of Fresno Collector Standards. (39'from median curb to curb at the south end to match the existing 30'from section line to right of way at the north end) 2. Dedicate and construct concrete ramps per Public Works Standards at Herndon and Hayes and at the entrance to accommodate the proposed ramps per Public Works Standards P-28 and P-32. 3. 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-53. A 2' Pedestrian Easement is required. Identify on the map. 4. Construct an 80' bus bay curb and gutter at the northeast corner of Hayes and Herndon to Public Works Standard P-73, complete with a 10' monolithic sidewalk. 5. Construct 20' of permanent paving (measured from face of curb)within the limits of this sub- division. 6. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-8 for Collector Streets. 7. Relinquish direct vehicular access rights to Hayes Avenue from all lots within this subdivision. Herndon Avenue: Expressway 1. Dedicate 67-69' /west end (71'mid-block/east end)of property from centerline for public street purposes,within the limits of this subdivision, to meet the City of Fresno Expressway Standards. (44' curb to curb mid-block) 2. Construct concrete curb and gutter to Public Works Standard P-5. The parkway shall be constructed to a 10' pattern. 3. Bike and Pedestrian Trail/Path: Dedicate an easement for Bike, Pedestrian and Landscape purposes only. Standard dedication is 26'. Provide 36'from face of curb to back of easement. Above ground utilities shall not be within the proposed easement. (Additional right of way may be required for grading and drainage purposes.)Construct a 12'wide Bike and Pedestrian trail/path, complete with lighting, signing, striping and landscaping, per the 2025 Fresno General Plan, Multi- Purpose Trails Plan Map and Public Works Standards P-58, P-59 and P-60. Identify route on the map and provide across section 7 days rior to the planning commission hearing. Construct an expressway barrier fence within the limits of this subdivision, per Public Works Standard P-74 and P-75. Page 2 of 7 TffraKic Planning\_CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6053 HAYES 7050 N\T-6053 HAYES 7050 N.doc 4. Construct 20' of permanent paving within the limits of this tract and transition paving as necessary. 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-10 for Expressways. 6. Relinquish direct vehicular access rights to Herndon 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. Provide for vehicular turn around at dead ends. Specific Mitigation Requirements: This tract will generate 11 a.m./15 p.m. peak hour trips.A Traffic Impact Study(TIS)is required with A-13-005. Comply with the mitigation measure requirements of the Traffic Engineering Manager in the attached letter dated 12-16-13. 1. A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to the approval of the tentative map. Contact Alan James. 2. Relinquish direct vehicular access rights to a. the north property line of outlot B. b. the south property line of outlot C. 3. The intersection of Hayes and the private entrance shall be limited to right-in and right-out turns. 4. The first order of work shall include a minimum of two points of vehicular access to the major streets forte phase of this development. Provide detail. 5. Entry Gate: Provide a minimum of 50' 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. 6. If not existing, construct an EVA curb cut per Public Works Standard P-67 on T-5914. 7. Install 30" state standard"STOP" sign(s)at location(s)shown. Sign shall be mounted on a 2" galvanized post with the bottom of the sign 7'above ground; located behind curb and immediately behind a major street sidewalk. 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. Page 3 of 7 T Uraffic Planningl_CONDITIONS OF APPROVALTRACT MAPS160001T-6053 HAYES 7050 N\T-6053 HAYES 7050 N.doc 1. The intersection of Herndon and Hayes shall be signalized to the City of Fresno Standards (ultimate location), complete with left turn phasing, actuation and signal pre-emption. Modifications are necessary to both the northbound and southbound directions. This work is 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 Maior Street Impact(FMSI) Requirements: Haves Avenue: Collector(Growth Area Street) 1. Dedicate and construct(1) 17'travel lane on the west side and (2) 12' travel lanes, a 5' shoulder, transition from the existing median island to a 12'two-way left turn lane within the limits of this subdivision. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Herndon Avenue: Expressway 1. If not existing, dedicate and construct(3) 17'center section travel lanes, a 5' shoulder and a raised concrete median island with dual left turns 250' left turn pockets at all major intersections within the limits of this subdivision. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 55 MPH design speed. Regional Transportation Mitigation Fee (R'rMF): Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street,Suite 201, Fresno, CA 93721; (559)233-4148 ext. 200; www.fresnocog.org. Provide proof of payment or exemption rior to issuance of building permits. Page 4 of 7 TATraffic Planningl_CONDITIONS OF APPROVAUTRACT MAPS\6000\T-6053 HAYES 7050 N\T-6053 HAYES 7050 Kdoc Fnesno It�id ra.c,ur �I I I 1-I City ul FRSE .r:M7,.0 City Hall 559-821-8800 Public Works Department 2600 Fresno Street,Rm.4064 Patrick Wiemllier,Director Fresno,CA 93721-3623 .—fresngdoy December 16,2013 Mike Becker, PE KD Anderson&Associates,Inc. 3853 Taylor Road, Suite G Loomis,CA 95650 SUBJECT: REVIEW OF THE TRAFFIC IMPACT STUDY (TIS) FOR THE PROPOSED SINGLE FAMILY RESIDENTIAL DEVELOPMENTS(110 TOTAL UNITS) TRACT 6052,GENERAL PLAN AMENDMENT A-13-004,REZONE APPLICATON R-13-011, AND CONDITIONAL USE PERMIT C-13-098, 95 UNITS LOCATED ON THE NORTHWEST CORNER OF HERNDON AND HAYES AVENUES TRACT 6053,GENERAL PLAN AMENDMENT A-13-005,REZONE APPLICATION R-13-012, AND CONDITIONAL USE PERMIT C-13-099, 15 UNITS LOCATED ON THE NORTHEAST CORNER OF HERNDON AND HAYES AVENUES TIS 13-017 DATED DECEMBER 13,2013 TRAFFIC IMPACT STUDY APPROVED FOR PLANNING COMMISSION We have reviewed the Traffic Impact Study (TIS) prepared by KD Anderson & Associates, Inc. for proposed Tracts 6052 and 6053, "project". Tract 6052 will consist of 95 single family dwelling units located on approximately 13.26 acres on the northwest corner of the intersection of Herndon and Hayes Avenues.Tract 6053 will consist of 15 single family dwelling units located on approximately 4.30 acres on the northeast comer of the intersection of Herndon and Hayes Avenues. The project sites are currently vacant. Tract 6052 proposes to amend the 2025 General Plan from the neighborhood commercial planned land use designation to the medium density residential land use designation and to amend the Official Zone Map to reclassify the subject property from the C-1/UGM(Neighborhood Shopping Center/Urban Growth Management)zone district to the R-1/UGM(Single Family Residential/Urban Growth Management)zone district. The conditional use permit and the vesting tentative tract map propose to subdivide the property into a 95-lot single family residential planned unit development with modified property development standards and private streets.The project site is currently vacant. Tract 6053 proposes to amend the 2025 General Plan from the office commercial planned land use designation to the medium-low density residential land use designation and to amend the Official Zone Map to reclassify the subject property from the C-P/UGM (Administrative and Professional Office/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management) zone district. The conditional use permit and the vesting tentative tract map propose to subdivide the property into a 15-lot single family residential planned unit development with modified property development standards,private streets and a series of passive pocket parks. Page 5 of 7 T:\Traffic Planning\_CONDITIONS OF APPROVAUTRACT MAPS\6000\T-6053 HAYES 7050 N\T-6053 HAYES 7050 N.doc GENERAL COMMENTS and CONDITIONS 1. Trip generation was based on the Institute of Transportation Engineers (ITE) Trip Generation Manual Single Family Detached Housing use(ITE code 220). The proposed Tracts 6052 and 6053 will generate the following average daily(ADT),AM and PM peak hour trips: AM Peak Hour PM Peak Hour Quantity ADT -IN OUT TOTAL IN77 OUT TOTAL Tract 95 6052 single family 904 18 53 71 60 35 95 - units - Tract 15 6053 single family 143 3 8 11 10 5 15 units - 110 -• r _. Total single family 1,047 21 61 82 70 40 110 units The existing General Plan land use designations allow for Neighborhood Shopping Center and Administrative Professional Office uses. Using a 25% floor area ratio, the General Plan uses generate the following ADT,AM and PM peak hour trips: ITE Land Use Quantity ADT AM Peak Hour PM_Peak Hour - IN OUT TOTAL I IN OUT TOTAL Shopping Center X820) 105,950 sf 4,524 i 63 + 39 ' 102 189I 204 39 + 3 General Office 71040,700sf 449 56 8 63 10 51 61 Total 4,973 119 47 , 165 199 255 454 2. This project shall pay its Traffic Signal Mitigation Impact (TSMI) Fee of$47.12 per ADT, per the Master Fee Schedule, at the time of building permit. Based on the reported total ADT of 1,047 for the proposed project,the fee would be$49,334.64 payable at the time of the building permit. The TSMI fee facilitates project impact mitigation to the City of Fresno Traffic Signal infrastructure so that costs are applied to each new project/building based on the generated ADT. The TSMI fee is credited against traffic signal installation/modifications and/or Intelligent Transportation System (ITS)improvements (constructed at their ultimate location)that plan to build out the 2025 General Plan circulation element and are included in the Nexus Study for the TSMI fee. The TSMI fee is regularly updated as new traffic signals are added, new grant funds offset developer improvement costs, and/or construction costs increase/decrease. If the project is conditioned with traffic signal improvements in excess of their TSMI fee amount, the applicant may apply for fee credits (securitylbonding and/or developer agreement required) and/or reimbursement for work in excess of their fee as long as the infrastructure is in place at the ultimate location. The applicant should work with the Public Works Department and identify, with a Professional Engineers estimate, the costs associated with the improvements prior to paying the TSMI fee to determine any applicable fee credits and/or reimbursements. For project specific impacts that are not consistent with the 2025 General Plan, Public Works Standards, and/or are not incorporated into the TSMI fees, the infrastructure costs will not be eligible for 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 Page 6 of 7 T:\Traffic Planning\_CONDITIONS OF APPROVAL\TRACT MAPS\6000\T-6053 HAYES 7050 N\T-6053 HAYES 7050 N.doc 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;www.fresnocog.org. Provide proof of payment or exemption,based on vesting rights,prior to issuance of building permits. 5. The proposed project will construct a new southbound right-turn lane at the intersection of Herndon and Hayes Avenues and a second northbound lane on Hayes Avenue from Herndon Avenue transitioning to the existing single northbound through lane at the intersection of Fir and Hayes Avenues. The project will also construct a continuous center turn lane on Hayes Avenue from the existing southbound left-tum lanes at the intersection of Herndon Avenue north to West Fir Avenue, 6. The proposed project will provide for a new westbound right-turn lane on Herndon Avenue. The existing right-turn lane pavement area will be striped out for future use as a third westbound through lane with Herndon Avenue at its ultimate 6-lane facility. 7. The proposed project shall construct bike lanes in the northbound and southbound directions along the project's frontage on Hayes Avenue. The bike lanes shall meet City of Fresno Public Works Standards. 8. The proposed project shall make necessary improvements and right-of-way and public easement dedications along adjacent public street(s) and within the site boundaries per City of Fresno standardstrequire ments. 9. 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 tillgormlevC�fresno.gov. Sincerely, J Jill Gormley,TE Assistant Traffic Engineering Manager Public Works Department,Traffic&Engineering Services C: Copy filed with Traffic Impact Study Scott Tyler,PE,City Traffic Engineer Mike Sanchez,Planning&Development Dept. Louise Gllio,Traffic Planning Supervisor McKencie Contreras,Planning&Development Dept. 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'`; �i � fl 31 j _ [L o'B �•, �' F.� � 8 9 LU Q LL W w U W S OC -I ty l Q�zv�u¢l $.�I �, ��� uY 's W s i K zz 41 o o + r It h fp3 V4 Willi .; ill- a I N aL — � .d m � I�, I ,, I •, L I _ a CIIIIIIIIIII .. \1 I;� •r�'�. � , � X11 I :• I� � I �R 1 Ip�94F � ' ZIy 9 Et 3nN3A bc --------- ch —alb I HIV Na � a. z . -- - Co I r I a LU R z rA Voz0�1 �Wv�ual Z �v� CL UO 01-00 �– i it IIII LL W W R.1 —J/ C -------- 1 Zcue–LU 3f'N�f1t1 \ w 2 � . w aa I Z I LLI ul I I I and Of I/P 14 ION �Z:I II�'I ikri'�I J3q''{''Si""qs�-I .:1_ Vii—• �v ti x 'I City of RESN F F DEPARTMENT OF PUBLIC UTILITIES N DPU ADMINISTRATION DIVISION W MEMORANDUM Date: October 23, 2013 Giomding 01`6 Essentiol 5elvices To: MCKENCIE CONTRERAS, Planner III Planning and Development From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Division Subject: SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-6053/UGM; REZONE R-13-012; PLAN AMENDMENT A-13-005 AND CONDITIONAL USE PERMIT C-13-099 General T-6053-UGM, A-13-005, R-13-012 & C-13-099 were filed by Brent McCaffrey of The McCaffrey Group and pertain to 4.30 net acres of property located on the northeast corner of North Hayes and West Herndon Avenues, 7050 North Hayes Avenue, APN 503-020-51. The applicant proposes to amend the planned land use designation from office commercial to medium-low density residential land use designation; reclassify the property from the C-P-UGM, Administrative and Professional Office-Urban Growth Management, zone district to the R-1- UGM, Single Family Residential-Urban Growth Management, zone district; the conditional use permit and the vesting tentative tract map propose to subdivide the property into a 15-lot single family residential planned unit development with modified property development standards, private streets, and a series of passive pocket parks Sewer Requirements The nearest sanitary sewer main to serve the proposed project is an existing 15-inch sewer main in N. Hayes Avenue. Sewer facilities are available to provide service to the site subject to the following requirements: 1. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers' final map and engineered plan &profile improvement drawing for City review. 2. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 3. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 4. Installation of sewer house branch(s)to each lot shall be required. 5. Separate sewer house branches are required for each lot. 1" A Nationally Accredited Public Utility Agency 6. Abandon any existing on-site private septic systems. 7. 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. 8. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies. 9. All underground utilities shall be installed prior to permanent street paving. Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Trunk Sewer Charge: Grantland 2. Sewer Lateral Charge 3. Sewer Oversize Service Area: 9 19 4. Wastewater Facilities Charge (Residential Only) City of •�P���CONSFq�,gtoy oy zp DRU V_ Department of Public Utilities—Water Division n � �W DATE: October 21, 2013 ��c`�[iyo waPQ Providing fife's Essential Services TO: MCKENCIE CONTRERAS, Planner III Development Department/Current Planning THROUGH: MICHAEL CARBAJAL, Chief Engineering Technician('�7 J,, Department of Public Utilities, Water Division FROM: ROBERT A. DIAZ, Senior Engineering Technician-t.,A Department of Public Utilities, Water Division SUBJECT: WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-6053 UGM, PLAN AMENDMENT APPLICATION A-13-005, CONDITIONAL USE PERMIT C-13-099 AND REZONE APPLICATION R-13-012. General T-6053-UGM, A-13-005, R-13-012 & C-13-099 were filed by Brent McCaffrey of The McCaffrey Group and pertain to 4.30 net acres of property located on the northeast corner of North Hayes and West Herndon Avenues, 7050 North Hayes,Avenue, APN 503-020-51. The applicant proposes to amend the planned land use designation from office commercial to medium-low density residential land use designation; reclassify the property from the C-P- UGM, Administrative and Professional Office-Urban Growth Management, zone district to the R-1-UGM, Single Family Residential-Urban Growth Management, zone district; the conditional use permit and the vesting tentative tract map propose to subdivide the property into a 15-lot single family residential planned unit development with modified property development standards, private streets, and a series of passive pocket parks. Water Service The nearest water main to serve the proposed project is a 16-inch main located in North Hayes Avenue. The following water improvements shall be required prior to providing City water service to the project: 1. Water facilities shall be private within the proposed private streets. 2. 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. 14 A Nationally Accredited Public Utility Agene), 3. 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. 4. Water connection to the existing 16-inch water main located in West Herndon Avenue shall not be allowed. Water Fees The following Water Connection Charges are due and shall be paid for the Project: 1. Water service(s) and/or meter(s) installation(s). City of FRIES!"VC.t.-r. DEPARTMENT OF PUBLIC UTILITIES December 31,2013 REVISED TO: McKencie Contreras, Planner III Development and Resource Management Department, Planning Division FROM: �'�u; Chris Weibert, Management Analyst II ' Department of Public Utilities, Administration SUBJECT: TT 6053/UGM,A-13-005,R-13-012 & C-13-099, Solid Waste Conditions of Approval Location: Northeast corner of North Hayes Avenue and West Herndon Avenue(APN 503- 020-51) The Department oh Public Utilities, Solid Wastc Division has completed a review of Tentative Tract Map TT 60531UGM, A-13-005, R-13-012, and C-13-099 that were submitted by Brent McCaffrey of The McCafrrey Group. The following rcquiremeuts and conditions are to be placed on this tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 6053 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as Follows: I Gray container for solid waste, I 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. • Pei- 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: Developer to provide"hammer-liead" turnarounds with 9.5 feet wide driveway approaches (at the end of each street)in order for the solid waste vehicle to service the development. Page I oft Conditions of Approved 1J6053,A-13-005,R-13-012&C-13-099_Rcvkcd doe.e The driveway approaches shall be constructed to withstand the weight of a solid waste vehicle(35 tons). Ingress/egress shall maintain 18'of clearance. Covenant Requirements: Lots 3, 4, & 15 shall be notified that the solid waste vehicles will use the driveways as a hammerhead turnaround on solid waste service days. Lots 3,4, & 15 shall be notified that there will be no parking in the driveways on solid waste service days. Page 2 of 2 Conditions of Approval"1'1'6053A-13-005,R-13-012&C-13-099_Remed docs City of ene0LI /L rnmc�u.•. ik,_ FIRE DEPARTMENT Date: January 10, 2014 To: MCKENCIE CONTRERAS, Planner Development and Resource Management Department From: DAVID POLANCO, Fire Prevention Inspector II Fire Department, Fire Prevention Division Subject: Plan Amendment Application No. A-13-005, Rezone Application No. R-13-012, Conditional Use Permit Application No. C-13-099, and Vesting Tentative Map of Tract No. 6053/UGM were filed by Brent McCaffrey of The McCaffrey Group and pertain to 4.30+- (net) acres of property located on the northeast corner of North Hayes and West Herndon Avenues. The applicant proposes to amend the planned land use designation from office commercial to medium-low density residential land use designation; reclassify the property from the C-P/UGM (Administrative and Professional Office/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district; the conditional use permit and the vesting tentative tract mp propose to subdivide the property into a 15-lot single family residential planned unit development with modified property development standards,private streets and a series of passive pocket parks. REVISED COMMENTS Other Provide approved police/fire bypass lock ("Best"padlock model 21 B700 series or electric cylinder switch model 1 W7132) on drive access gate and emergency access gate. Access drives shall have their curbs painted red and stenciled FIRE LANE every 50 feet or approved FIRE LANE signs posted at 50 foot intervals. Cul-de-sac turnarounds, intermediate, and"T"turnarounds shall have a minimum 44-foot centerline turning radius with 20 feet clear driving width. "T"and"Hammerhead"turnarounds shall have a minimum width of 20 feet and 60 feet of length(in the hammerhead). All turnarounds must be kept clear of all obstructions(e.g., no parking,no garbage bins, etc., and marked if necessary). The Hammerhead turnaround located by Lots 3 and 15 shall have a minimum width of 60 feet. Install on site hydrant(s)with a minimum 8 inch main and a fire flow of 1500 GPM. See plan for location(s). Public and private hydrants for single family homes are spaced a maximum of 600 feet apart. Private hydrants for commercial sites are spaced a maximum of 600 feet apart. Public hydrants in commercial areas are spaced a maximum of 450 feet apart. Clarify the Exit Gate identified to the north of Out Lot B and adjacent to the vehicle entrance off of North Hayes Ave. This project was reviewed by the fire department only for requirements related to water supply, fire hydrants,and fire apparatus access to the building(s)on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of DARM when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File 210.414"EG" 550.10"EG" November 4,2013 Ms. McKencie Contreras City of Fresno, Planning&Development Department 2600 Fresno Street,Third Floor Fresno, CA 93721 Dear Ms. Contreras, Rezone 2013-012 A 2013-005 Drainage Area "EC" The proposed rezone lies within the District's Drainage Area "EG". The District's system can accommodate the proposed rezone. If there are any questions concerning this matter, please feel free to contact us. Sincerely, Mark Will Engineer II1, R.C.E. MW/Irl KALetters\Rezone LettersVresno rezone\201312013-012(eg)(m%Y).d0cr 5469 E. OLIVE • FRESNO,CA 93727 • (559)456-3292 • FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.45 NOTICE OF REQUIREMENTS Page I of 4 PUBLIC AGENCY DEVELOPER MCKENCIE CONTRERAS BRENT MCCAFFREY,MCCAFFREY GROUP DEVELOPMENT SERVICES/PLANNING 7020 N.VAN NESS BLVD. CITY OF FRESNO FRESNO,CA 93711 2600 FRESNO STREET,THIRD FLOOR FRESNO,CA 93721-3604 PROJECT NO: 6053 ADDRESS: 7050 N.HAYES AVE. APN: 503-020-51S SENT: l Drainage Area(s) Preliminary Fee(s) EG $27,816.00 TOTAL FEE:$27,816.00 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 map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: a.) Fees related to undeveloped or phased portions of the project may be deferrable. 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 wil I be retained without fee credit. 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. — a. Drainage from the site shall BE DIRECTED TO X b. Grading and drainage patterns shall be as identified on Exhibit No. I C. The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall constrict facilities as shown on Exhibit No. I as "MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER". None required. 3. The following final improvement plans and information shall be submitted to the District for review prior to final development approval: X Grading Plan X Street Plan z X Storm Drain Plan X Water&Sewer Plan 0 X Final Map X Drainage Report(to be submitted with tentative map) — Other None Required Ul 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. — 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. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge,storm water, and/or flood Flows.The existing capacity must be preserved as part of site development.Additionally,site development may not interfere with the ability to operate and maintain the canal or pipeline. 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 ofwaters 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 runoffand test it for pollutant indicators,and annually submit a report to the State Board. c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements ofthe State General Permits, eliminate the potential for non-storm water to cuter the municipal storm drain system,and where possible minimize contact with materials which may contaminate storm water runoff. Ul 8. A requirement ofthe District may be appealed by filing a written notice ofappeal with the Secretary ofthe District within ten days ofthe date of this Notice of Requirements. 9. The District reserves the right to modify,reduce or add to these requirements,or revise fees,as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No.2 for additional comments,recommendations and requirements. Gerald E.Lakernar, Mark Will District Engineer Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAx(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 CC: SCOTT PEDERSEN,MORTON&PITALO,INC. 75 IRON POINT CIRCLE,SUITE 120 FOLSOM,CA 95630 ■ 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456.3194 NOTE: THIS MAP IS SCHEMATIC DISTANCES ARE APPROXIMATE. FALLON AVE I a I m I W I � FIR A VE 2 ------------ --- — I I I I II I I PARR AVE . -- ~� TRACT 6053 HERNDON AVE --------- —.—� ---r ..—_.---------------------- -- -rr --- _ I~ i HERNDON AVE H � n �.l I \ Q � � Z LEGEND Creditable Facilities(Master Plan Facilities To Be Constructed By Developer)-Pipeline(Size Shown)& Inlet. 13— — Existing Master Plan Facilities 1 "=200' Future Master Plan Facilities -— ——— Inlet Boundary TRACT 6053 Limits of Tract 6053 DRAINAGE AREA "EG" EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Prepared by:wade! Date:1011612013 Path.K:\Autocad\DWGSIOEXHIBITITRACTS16053.mxd OTHER REQUIREMENTS EXHIBIT NO.2 The Master Plan system has been designed such that during a two-year event flow will not exceed the height of the 6 inch curb. Should wedge curb (4.5 inches height) be used the same criteria shall apply whereby flow remains below the top of curb. Any extensions or pipe size increases due to meeting the requirement listed above shall be at the developer's expense. The required eighteen-inch (18") storm drain line in Hayes Avenue, as shown on Exhibit No. 1 has also been required of the developer of Tract 5914. if those facilities are completed prior to the development of this site,the construction requirement will be dropped, Development No.Tract 6053 engrlperm i llexh 1 b i Ol rac A6053(mw) L Uhl CENTRAL UNIFIED SCHOOL DISTRICT OPERATIONAL SERVICES U DeryDapll d 4200 N. Grantland Avenue • Fresno California 93723 Phone: (559) 275-9560 • FAX: (559) 275-9565 Bert Contreras, Director,Operational Services Chris Stevens,Construction Manager November 4, 2013 McKencie Contreras City of Fresno Development & Resource Management Department 2600 Fresno Street,Third Floor Fresno,CA 93721-3604 Subject: Plan Amendment Application No. A-13-005 Rezone Application No. R-13-012 Conditional Use Permit Application No. C-13-099 Vesting-tentative Map of Tract No. 6053/1-JGM Northeast Corner off-lerndon and Hayes Avenues Dear Ms. Contreras: The purpose of this letter is to respond to your request for comment on the above-referenced applications, which would allow for the construction of a 15-lot single family residential planned unit development on 4.30 net acres located at the northeast corner of Herndon and Hayes Avenues. Based on current District student generation rates, 15 single family units would generate 5 students in grades K- 6, 2 students in grades 7-8 and 2 students in grades 9-12. These students will need to be housed in District schools. The schools currently serving this site are River Bluff Elementary School, Rio Vista Middle School,and Central High School. Capacity currently exists at these schools to accommodate students from this project. The District currently charges a school facilities fee of$3.20 per square foot for residential development. New development on the site will be subject to the fee in place at the time the fee is paid. Thank you for the opportunity to comment. Sincerely, Iilbert Contreras Director of Operational Services District Administrmion Michael d.Berg,,Superintendent Laurel AslJvrh,L•:d.D., 4ssisi f.Superintendent,Crhreurional Services,Chirfrlcadcoiie OjTcer Kelly Porter/field,il.esi.nnnf.Superintendent,Chieflhisinets Ofcer Kepi Davis,Assi.anut.Snprrinlrn rlen t,Prof-ssiomd Development,Chris Jrlilliam..,A,sislanl Superimendrnt,If mi Rrsmrrrrs ./arrrie Missell, bbirinistrefor,Special L•tlucation and.Supporl S—ier.r Kevin rPagrrec,�Idmiuislrnmr,Iltunnn Hesonrcra and Child Welfa,,!S,Jim fi-rr, Pnnl Uirrell,Dircrfur,7-11 and:lduh liilurnlivn Karen Cn rlid;,Dirrrmr,IC-(EdarNinn OFFICE or TELEPHONE(559)233-7161 FAX(659)233.8227 _ 2907 S.MAPLE AVENUE "`— FRESNO,CALIFORNIA 93725-2208 YOUR MOST VALUABLE RESOURCE-WATER 1 November 1, 2013 Ms. McKencie Contreras City of Fresno Development and Resource Management Department 2600 Fresno Street, Third Floor Fresno, CA 93721 RE: Plan Amendment Application No. A-13-005, Rezone Application No. R-13-012, Conditional Use Permit Application No. C-13-099, and Vesting Tentative Map of Tract No. 6053/UGM, N/E Herndon and Hayes avenues Dear Ms. Contreras: The Fresno Irrigation District (FID) has reviewed the Plan Amendment Application No. A-13-005, Rezone Application No. R-13-012, Conditional Use Permit Application No. C- 13-099, and Vesting Tentative Map of Tract No. 6053/UGM pertaining to the 4.30± (net) acres of property located on the northeast corner of Hayes and Herndon avenues where the applicant proposes to amend the planned land use designation from office commercial to medium-low density residential land use designation; reclassify the property from the C-P/UGM (Single Family Residential/Urban Growth Management) zone district; the conditional use permit and the vesting tentative tract map propose to subdivide the property into a 15-lot single family residential planned unit development with modified property development standards, private streets, and a series of passive pocket parks, APN: 503-020-51. FID has the following comment: 1. FID does not own, operate or maintain any facilities located on the subject property as shown on the attached FID exhibit map. 2. For informational purposes, an abandoned private pipeline known as the Radin- Kamp Canal No. 130 lies 700 feet south of the intersection of Herndon and Hayes avenues as shown on the attached FID exhibit map. FID records indicate this segment of pipeline was abandoned in 2005 and no longer in use. However, the pipeline may still remain and should any street improvements be required for this intersection and in the vicinity of the pipeline crossing, the City may consider having the pipeline removed and plugged. G SAgsncieslFrosno CitylP Ian Amendmant%A-13405.doc BOARD OF P r a a I d a n I RYAN JACOBSEN, Vice-President STEVEN BALLS DIRECTORS JEFFERY NEELY, GEORGE PORTER, GREGORY BEBERIAN, General Manager GARY R.SERRATO Ms. McKencie Conteras Re:A-13-005,R-13-012,CUP C-13-099 November 1,2013 Page 2 of 2 Thank you for submitting this for our review. We appreciate the opportunity to review and comment on the subject documents for the proposed project. If you have any questions please feel free to contact Sen Saetern at 233-7161 extension 7406 or ssaetern@fresnoirrigation.com. Sincerely, William R. Stretch, P.E. Assistant General Manager- Operations Attachment G 1Agenciesl FresnoCjrylPlee AmefOrnzo0OA-13-005 C•x J 1z w+ Q\ viO1w 0 O 3 V101 LL 7 0 X05 3OHNVAI < 8 LL p •` `� 30HNVAI O VlOI O z d o czJ * 9193N8VO w s z w m a * \�� LL IVANHOE� m 30HNVAI L * d o LL ff u +Q \ \ b z 3103N8VD +z v d -R_ \ \ m ua ° Aa0J3aJ * �� `•� ��L OQO e 11130NVIO * \ \ \ 1 I p * \\ I AuO03HE) w a +► \ \ a m \ \\\ Aub9 e \ j T V-LSIA 'NOIV S3AVH U LL O LL ��\ a � g 3189 o s 2 n a 3183 w m U BAIN u E G D Q" BAIN L 0 gll HAYES Q U) O HAYES N O 00 Y VWHOO ° o > U Q m O CREST Q m 0 O a a ROSALI E SANDRINI c4 Y 1N388 r C U a ro 1N389 s 7TROTHE]R a g � x O z° w z o' S LLJ 1 O ��P dnFi L8N � c�U� ti I � County of Fresno Opt+ 11 O DEPARTMENT OF PUBLIC HEALTH RS DAVID POMAVILLE, M.B.A., R.E.H.S. INTERIM DIRECTOR October 16, 2013 L00017495 McKencie Contreras 2602 City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Contreras: PROJECT NUMBER:A-13-005, R-13-012, C-13-099&T-6053 Plan Amendment Application No.A-13-005, Rezone Application No. R-13-012, Conditional Use Permit Application No. C-13-099, and Vesting Tentative Map of Tract No. 6053/UGM were filed by Brent McCaffrey of The McCaffrey Group and pertain to 4.30± (net)acres of property located on the northeast corner of North Hayes and West Herndon Avenues. The applicant proposes to amend the planned land use designation from office commercial to medium-low density residential land use designation; reclassify the property from the C-P/UGM (Administrative and Professional Office /Urban Growth Management)zone district to the R-1 /UGM (Single Family Residential/Urban Growth Management)zone district; the conditional use permit and the vesting tentative tract map propose to subdivide the property into a 15-lot single family residential planned unit development with modified property development standards, private streets, and a series of passive pocket parks. APN: 503-020-51 ZONING:C-P/UGM to R-1/UGM SITE ADDRESS:7050 North Hayes Avenue Recommended Conditions of Approval: • 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. • Due to the proximity of the proposed residential uses to an existing thoroughfare, consideration should be given to conformance with the City of Fresno's Noise Ordinance. • 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. Dedicated to Public Health 1221 Fulton Mall/P.O.Box 11867,Fresno,California 93775/(559)600-3271/FAX(559)600-7629 Equal Employment Opportunity•Affirmative Action•Disabled Employer www,fcdph.org McKencie Contreras October 16, 2013 A-13-005, R-13-012, C-13-099&T-6053 Page 2 of 2 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. • 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: wqi,nr,gKa w 14'o rwd+ Kevin Tsuda OatC.701110.16 04)131 47W Kevin Tsuda, R.E.H.S. Environmental Health Specialist II (559)600-3271 cc: Glenn Allen-Supervising Environmental Health Specialist(CT 42.06) Brent McCaffrey, Applicant/Owner(bmccaffreyCc-)mccaffreygroup.com) Scott Pederson, Engineer(spederson -mpen4r.com) San Joaquin Valley y 2] Or AIR POLLUTION CONTROL DISTRICT HEALTHY AIR LIVING- October IVINGOctober 21, 2013 McKencie Contreras City of Fresno Development and Resource Management Department 2600 Fresno Street,third Floor Fresno, CA 93721 Agency Project: Plan Amendment Application No. A-13-005, Rezone Application No. R-13-012,Conditional Use Permit Application No. C-13-099, and Vesting Tentative Map of Tract No. 6053/UGM - The McCaffrey Group District CEGA Reference No: 20130860 Dear Ms. Contreras: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above consisting of a 15-lot single family residential development, located at 7050 North Hayes Avenue, in Fresno, CA. (APN 503-020-51) The District offers the following comments: 1. Based on information provided to the District, project specific emissions of criteria pollutants are not expected to exceed District significance thresholds of 10 tons/year NOX, 10 tons/year ROG, and 15 tons/year PM10. Therefore, the District concludes that project specific criteria pollutant emissions would have no significant adverse impact on air quality. 2. Based on information provided to the District, at full build-out, the proposed project would not be equal to or exceed 50 residential dwelling units. Therefore, the District concludes that the proposed project is not subject to District Rule 9510 (Indirect Source Review). 3. The proposed project may be subject to District Rules and Regulations, including: Regulation VIII (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). To identify other District rules or Seyed Sadredin Executive DirectorlAir Pollution Control0lhcor Northern Region Central Region(Main 011ice) Southern Region 4800 Enterprise Play 1990 E.Gettysburg Avenue 34946 Flyover Court Modesto,CA 95356 8718 Fresno,CA 9372.60244 Bakerslield,CA 933089725 Tel:12091557 6400 FAX:12091557 64/5 rel:15591 230 6000 FAX:(559)230 6061 rel:661 392 5500 FAX:661 392 5585 .;crrvallcyoir.org www.heahhyairliviag.com District CEQA Reference No:20130860 Page 2 of 2 regulations that apply to this project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at: www.valleyair.org/rules/1 ruleslist.htm. 4. The District recommends that a copy of the District's comments be provided to the project proponent. If you have any questions or require further information, please call Georgia Stewart, at (559) 230-5937. Sincerely, David Warner Director of Permit Services For: Arnaud Marjollet Permit Services Manager DW: gs From: Patten,Kyle To: Scott Pedersen(enedersen®mnenor.coml:Md(ende Contreras:Cpl Brent McCaffry Cc: Cana.Fabian:Sbxktpn.Neil Nachazel-David:Kennedy.Donald Subject: FW:Residential Offset Areas(Tract 6052,6053,6054) Date: Monday,December 16,2013 8:16:40 AM Attachments: 13.1213 PGE Exhibit P815(Tract 6052).odf 13.1209 PGE Exhibit P84(Tract 60531.odf 13.1209 PGE Exhibit P810(Tract 6054).odf Scott and Brent- Thank you for the modification to Tract 6052 as requested. All of the Tracts as attached above are now acceptable to PG&E. Would it be possible for you to forward pdf copies to me when your Final Maps are processed for our records? Thanks again. It was a pleasure working with you and McCaffrey Homes. Kyle Patten Sr. Land Agent 559-263-5167 From: Scott Pedersen [mailto:spedersen@mpengr.com] Sent: Friday, December 13, 2013 5:11 PM To: Patten, Kyle Cc: Greg Bardini; Brent McCaffrey Subject: RE: Residential Offset Areas(Tract 6052, 6053, 6054) Kyle, Thank you for taking the time to speak with me, As requested,the north side of the southern tower alignment offset has been adjusted from 19'to 25'. As you can see from the exhibit,the modification specifically affects three (3)lots: 58, 92 and 66. 1 have spoken with the developer and he has agreed to modifying the site plan after entitlement such that no structures will encroach into the offset area. The site plan modification will require a substantial conformance determination from Planning(McKencie)at a later date. Please review and forward this onto McKencie. Feel free to contact me if you have any questions or need additional information. Scott Pedersen,P.E.,LEED-AP Morton& Pitalo, Inc. 75 Iron Point Circle, Suite 120 Folsom,CA 95630 (916)984-7621 (Main) (916)496-8766(Direct) (916)984-9617(Fox) spedersen .mpengrconn I I II VENUE m UA II N 2 e Z WEST FIR AVENUE 15 I I r p 29 i 30 16 j 17 13 1 (g 4 Z ------------r----------- W 23 i 31 W j --- -• u:r u. ---- 27 i 32 � �- -- 5 --------Ll ---- ♦♦ ♦ 1 I 6= II ?1 26 i 33 `1 % ' - !rr % L. r. I ♦ _ N• FOM ENT f ♦ I X ET R ` • i 37 T-)-- ♦ 761 ),♦ 3 VAOf ET Q ♦� \ '� ♦ _ FROM CENTERLI ---, --- ------------ ' \ ♦ __ _ ------------------- __ ___ U- 1T A UUR OT 0 6Yl -� - rorty s ...... nrp '• Jr ♦ I ounoT 8 ``♦ P ``♦ `♦ 9 1:1 rrwv lauru � I I I I 1� / pr rd(IaaVrn M ♦♦` , n+Av n'. I I I I i n cr. I J I � b e00}-emu)) _---._-_-_- ----- -------------------- ♦ ♦ ♦I I I yrr v. � I WEST HERNDON AVENUE21 pr.b m0)-s RMI � •w -- -�.1_-___. 4 � h 1 TRACT 6053 n '® SITE PLAN SHOWING g EXISTING PG&E EASEMENT,POLE CENTERLINE f AND AVAILABLE OFFSET TO PROPOSED MtCaff_ y RESIDENTIAL UNITS ik HOMES 12/090013 mortonplGlo . s City Of Fmle \IJ DATE: QGt9beF 23, 2013 Revised November 12,2013 TO: McKencie Contreras, Planner Development and Resource Management Department FROM: Ann Lillie, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT: PUBLIC WORKS CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 6053 REGARDING MAINTENANCE REQUIREMENTS LOCATION: 7050 North Hayes Avenue APN: 503-020-51 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. These requirements are based on City of Fresno code, policy, standards and the public improvements depicted on the Exhibits submitted for this development. Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed and shall require a revision of this letter. If the property owner requests annexation to the Community Facilities District No. 11 ("CFD No. 11") and an incomplete Annexation Request Package is submitted; this may cause delays to the annexation process and final map approval. The annexation process takes from three to four months and SHALL be completed prior to final map approvals. All construction plans applicable for this development are to be submitted to the Traffic and Engineering Services Division for review and approval prior to the CFD process. The Landscape and Irrigation Plans are required to be approved prior to the finalization of the CFD process and the approval of the final map. 1. The Property Owner's Maintenance Requirements The long term maintenance and operating costs, including repair and replacement, of certain required public improvements ("Services") associated with all new Single-Family developments are the ultimate responsibility of the Property Owner. The property owner shall provide Services either by a mechanism approved by the Public Works Department or by annexing to the City of Fresno's Community Facilities District No. 11 ("CFD No. 11 The following public improvements are eligible for Services by CFD No. 11 as associated with this development: Page 1 of 3 REV:September 10,2013 TT 6053 CONDITIONS FOR MAINTENANCE REV ■ All landscaped areas, trees and irrigation systems, as approved by the Public Works Department, within the public street rights-of-way and landscape easements; including without limitation, 14 of the mediaR island, parkways and buffers along West Herndon and North Hayes Avenues. ■ All landscaping, trees, irrigation systems, hardscaping and amenities within the bike/pedestrian/landscape easement along West Herndon Avenue. ■ Concrete curb and gutters, sidewalks, curb ramp, ' FnaiRteRaRee band and Gap, expressway barrier fence and street lights within the public rights-of-way in West Herndon Avenue. ■ Concrete curb and gutters, sidewalks, curb ramps, median island curbing and hardscape, and street lights within the public rights-of-way in North Hayes Avenue, including the valley gutter and paving within the street rights-of-way at the entrance. 2. The Property Owner may choose to do one or both of the following: a. The Property Owner may petition the City of Fresno to request annexation to CFD No. 11 by completing and submitting an Annexation Request Package to the Public Works Department, Traffic and Engineering Services Division for review and approval. The Annexation Request Form is available, along with current costs, on- line at the City's website at http://www.fresno.gov, under the Public Works Department, Developer Doorway. ■ Proceedings to annex the final map to CFD No. 11 SHALL NOT commence unless the final map is within the City limits and all construction plans (this includes Street, Street Light, Signal, Landscape and Irrigation plans, and any other plans needed to complete the process) and the final map are considered technically correct. ■ The annexation process will be put on HOLD and the developer notified if all of the requirements for processing are not in compliance. Technically Correct shall mean that the facilities and quantities to be maintained by CFD No. 11 are not subject to change and after acceptance for processing. ■ Public improvements not listed above will require written approval by the Public Works Department Director or his designee. ■ All areas not within the dedicated street rights-of-way approved for Services by CFD No. 11, including but not limited to outlots, trails and landscaped areas, shall be dedicated in fee to the City of Fresno, dedicated as a public easement for maintenance purposes or as approved by the Public Works Department City Engineer. b. The Property Owner may provide for Services privately for the above maintenance requirements. All City maintenance requirements not included for annexation to Page 2 of 3 REV:September 10,2013 TT 6053 CONDITIONS FOR MAINTENANCE REV CFD No. 11 for Services SHALL be included in the DCC&Rs or some other City approved mechanism for the required Services associated with this development. Contact the Planner in the Development and Resource Management Department for more details. For questions regarding these conditions please contact me at(559) 621-8690 or ann.lillieCa)fresno.gov Page 3 of 3 REV:September 10,2013 TT 6053 CONDITIONS FOR MAINTENANCE REV STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G RROWN_g„Govemar DEPARTMENT OF TRANSPORTATION DISTRICT 6 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93778-2616 PHONE (559)488-7307 Beenergyefelent! FAX (559)488-4088 TTY (559)4884066 www.dol.ca.gov November 4,2013 213 1-IGR/CEQA 6-FRE-99-30.864 PA A-13-005, RZ R-13-012 CUP C-13-099,VTM 6035 MCCAFFREY TRACT 6053 Ms. McKencie Contreras City of Fresno Development and Resource Management 2600 Fresno Street,Third Floor Fresno, CA 93721 Dear Ms. Contreras: We have completed our review of the Plan Amendment,Rezone Application,Conditional Use Permit and Vesting Tentative Map for the proposed McCaffrey 110 Single Family Residential project spanning two sites totaling 17.56 acres located on the east and west sides of Hayes Avenue at Herndon Avenue in the City of Fresno. The rezone would convert property classified as Neighborhood Shopping Center and Administrative/Professional Office into zoning for 110 single family residential dwelling units. Caltrans has the following comments: A good portion of the trips generated from this development would be expected to impact the State Route(SR)99/Herndon Avenue interchange located less than a mile to the west. The nearby EI Paseo development's mitigation work has commenced and is set to improve the SR 99/Herndon Avenue interchange. It is the understanding of this office that the project will be paying into the Fresno RTMF and the City's TSMI programs. If you have any further questions or concerns,please feel free to contact me at(559)488-7307 or via email iennifer.baan-sanchez@dot.ca.gov. Sincerely, JENNI ER BVtation Z Office of Trang District 06 "Callrans improves mobility across California" City of fi�hc %'ji►ti` PUBLIC WORKS DEPARTMENT TRAFFIC a ENGINEERING SERVICES DIVISION Patrick Wiemiller, Director 2800 Fresno Street RM 4064 Fresno,Calforifa 937213615 (559)621-8800 • wwwxi.hesno.mus March 6, 2013 Ryan O'Keefe Morton & Pitalo, Inc. 75 Iron Point Circle, Suite 120 Folsom, CA 95630 SUBJECT: PROPOSED VACATION OF A PORTION OF WEST HERNDON AVENUE EAST OF NORTH HAYES AVENUE The vacation feasibility study you requested has been completed. Findings indicate the vacation proposal is feasible subject to the following conditions: 1. Both Louise Gilio (559-621-8678) and Steve Delsid (559-621-8650) of the City of Fresno's Traffic and Engineering Services Division have approved the vacation subject to their conditions detailed in their attached responses. For your information the Fresno Metropolitan Flood Control District also commented that there are no existing or proposed Master Plan Facilities within the area proposed to be vacated. They require that the master Plan drainage patterns remain as designed for the proposed vacation area and that the District review and approve any improvement plans associated with the project. If you have any questions contact Mr. Gary Chapman of the District at 559-456- 3292. If the vacation is proposed to occur with the final Map of Tract No. 5914 in accordance with the Subdivision Map Act and local ordinances, please coordinate the vacation process with the City staff that is processing the final map and the planning analyst who processed the tentative map approval and will be processing the Environmental Assessment for the vacation. If the vacation is to be done by Council resolution and not with the map, a processing fee in the amount of$1,555.00 is required by Public Works to cover the cost of administration and legal notices prior to continuing this process for City Council action. We will also need: an 8.5"X 11" vicinity map for the City Council Staff Report showing the vacation area relative to the nearest main streets within a half mile with the title of: Attachment 1 Vicinity Map, and an exhibit for each type of easement being reserved form the street being vacated. Both of the above vacation processes require an environmental assessment(EA) that addresses the vacation.The EA application and fee should be submitted to the City of Fresno Planning and Development Department. Will Tackett of the City's Development Department at 559-621-8063 can provide you with further information about the environmental assessment. Once the EA has been completed, please provide a copy to us if the vacation is to be by Council action or to the staff that is processing the map ifAhe vacation is to be done with the map. For your information,the City of Fresno has only an easement interest in the subject area and the City has no legal authority to make a determination as to what portion of the underlying fee title to the vacated area may be added to adjacent properties. The study done for this proposed vacation will expire in one year.Therefore, please notify this office by March 7, 2014 of your intention regarding the pursuit of this vacation. Please contact meat 621-8693 or by email at Alan.James@fresno.gov if you have any questions. Sincerely, Alan James Supervising Engineering Technician Attachments: Comments from Traffic and Engineering Services cc: P.W. File No. 11707 Will Tackett Jon Bartell REPLY ON PROPOSAL TO VACATE The subject vacation proposal is: 1. O Approved without conditions,or 2, X Approved subject to the oorxlitions listed under'REMARKS'below, or 3. O Further processing of the proposed vacation should not proceed until the concsm(s)listed under'REMARKS'below have been fully addressed. REMARKS: f 'Ai " AO( A 1E-) FCS BE 2& Z2 'I TC: 13 � �?A�L r� W/ f/I('c C)f" CDP,,-rf3 Reviewing Agency: �`-� Date: (,�1 �� ,2013 Reviewed By: ^'t �`.�j. <: f L i o Phone No.: C�`� 1 C_ PLEASE SEND REPLY TO: Alan James, Supervising Engineering Technician City of Fresno-Public Works Department!Engineering Services 2600 Fresno Street,4th Floor(Stop FC036) Fresno, Calafomia 93721-3623 PW File 11707 Zl33f1S 33S ems- I O W P m LU C.) I *° ci T W z y �N O� V- a3 O OLL � Cc) � X0U. 0 mZ . -- °0 W 0 uj co - J �--- :� F•3m 3W) Vj W v) a N 4 h M 47 N I VQ O za�a8 off, � U R_ a � a M F= N N o] N mak' dc�z nza Q I N W I, 3Qy--V Of � N M 3nN3Ad 3183 f ray__ I (Ls 12 - N � CO a I I N I M I ��� 0I�� ! 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El S.. 71 ElEP el OT O�L LLJ LL g(D IL (D -- -------- 0 zi lu Le QD O n,.;) a1 y AH3 Environmental Assessment dated December 20, 2013 CITY OF FRESNO Notice of Intent was filed with: MITIGATED NEGATIVE DECLARATION FRESNO COUNTY CLERK The full Initial Study and the Master ENVIRONMENTAL 2221 Kern Street Environmental Impact Report No. ASSESSMENT Fresno, California 93721 10130 are on file in the Development NUMBER: and Resource Management on Department, A-13-004/A-13-005/ Fresno City Hall, 3rd Floor R-13-011/R-13-012/ December 20, 2013 2600 Fresno Street C-13-098/C-13-099/ Fresno, California 93721 T-6052/T-6053 (559) 621-8277 APPLICANT: PROJECT LOCATION: Brent McCaffrey ± 17.56 net acres of property located 7050 & 7099 North The McCaffrey Group Hayes Avenue on the northeast and northwest corners of 7020 North Van Ness Boulevard North Hayes and West Herndon Avenues, in the City and Fresno, CA 93711 County of Fresno, California Assessor's Parcel Number: 503-020-09 & 503-020-51 36050'17.055" N Latitude, - 119054'9.972" W Longitude and 36050'14.6466" N Latitude, - 119054'3.7152" W Longitude PROJECT DESCRIPTION: Brent McCaffrey of The McCaffrey Group has filed Plan Amendment Application Nos. A-13-004 and A-13-005, Rezone Application Nos. R-13-011 and R-13-012, Conditional Use Permit Application Nos. C-13-098 and C-13-099, and Vesting Tentative Tract Map Nos. T-6052/UGM and T-6053/UGM pertaining to approximately 17.56 net acres of property. Plan Amendment Application No. A-13-004 proposes to amend 13.26 net acres of the subject property located on the northwest corner of Hayes and Herndon Avenues from the neighborhood commercial land use to -the medium density residential land use designation. Plan Amendment Application No. A-13-005 proposes to amend 4.30 net acres of the subject property located on the northeast corner of Hayes and Herndon Avenues from the office commercial land use to the medium- low density residential land use designation. Rezone Application No. R-13-011 proposes to reclassify 13.26 net acres of the subject property from the C-1/EA/UGM/cz (Neighborhood Shopping Center/Expressway Area Overlay/Urban Growth Managementconditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management) zone district. Rezone Application No. R-13-012 proposes to reclassify 4.30 net acres of the subject property from the C-P/EA/UGM/cz (Administrative and Professional Office/Expressway Area Overlay/Urban Growth Management conditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management) zone district. These applications have been filed in order to facilitate approval of a proposed 110-lot single family residential planned unit development subdivision with modified property development standards, private streets, and a series of passive pocket parks in accordance with Conditional Use Permit Application Nos. C-13-098 and C-13-099 and Vesting Tentative Tract Map Nos. 6052/UGM and 6053/UGM. 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 CEQA. 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 N/IEIR 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: SUB T"f�D BY- McKencie Contreras, Planner III Mike Sanchez, Planning Manager DATE: December 20, 2013 DEVELOPMENT & RESOURCE MANAGEMENT DEPARTMENT Attachments: -Notice of Intent -Vicinity Map -Initial Study (Appendix G) with related studies listed below: ■ Water Usage/Demand Analysis for T-6052 and T-6053 dated December 2013 ■ Department of Public Utilities-Water Division memorandums dated October 21, 2013 ■ Acoustical Analysis (BBA Project No. 13-051) dated November 21, 2013 and revised December 19, 2013 ■ Traffic Impact Study for Herndon and Hayes Project dated December 13, 2013 ■ Department of Public Works-Traffic & Engineering Services memorandum dated December 16, 2013 ■ Department of Public Utilities-Planning & Engineering Division memorandums dated October 23, 2013 -Master Environmental Impact Report Review Summary -Master Environmental Impact Report No. 10130-2025 Fresno General Plan Mitigation Monitoring Checklist dated December 20, 2013 - Project Specific Mitigation Monitoring Checklist dated December 20, 2013