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HomeMy WebLinkAboutT-6065 - Conditions of Approval - 4/24/2014 "Y°' , REPORT TO THE PLANNING COMMISSION AGENDA ITEM IVO. VIII-A FRES i COMMISSION MEETING 4/2/14 April 2, 2014 APPROVED BY I� DEPARTMENT DIRECTOR FROM: MIKE SANCHEZ, Planning Man a Development Services Division THROUGH: WILL TACKETT, Supervising Plann Development Services Division BY: ISRAEL TREJO, Planner Development Services Division SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-13-136, VESTING TI:NTATIVE TRACT MAP NO. 6045/UGM AND REL.A ll-L D ENVIRONMENTAL ASSESSMENT NO. C-13-136/T-6045, LOCA i-ED WITHIN THE. COPPER RIVER RANCH PLANNED COMMUNITY RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. APPROVE the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (i/IEIR) No. 10130 and Mitigated Negative Declaration prepared for Plan Amendment A-09-02 (Air Quality MND) and to the Program EIR No. 10126 related to the Copper River Ranch Project, prepared for Environmental Assessment No. C-13-136/T-6045 dated January 17, 2014. 2. APPROVE Conditional Use Permit Application No. C-13-136 subject to compliance %'J:th the Conditions of Approval dated April 2, 2014. 3. APPROVE Vesting Tentative Tract Map No. 6045/UGM subject to compliance with the Conditions of Approval dated April 2, 2014. EXECUTIVE SUMMARY Gary Giannetta, on behalf of Copper River 74, Inc., has filed Vesting Tentative Tract Map No. 6045/UGM and Conditional Use Permit Application No. C-13-136 pertaining to approximately 21.07 acres of property located between North Friant Road and East Copper Avenue, within the Copper River Ranch Master Planned Community. Vesting Tentative Tract Mala No. 6045/UGM proposes to subdivide the property into a 134-lot single-family residential subdivision. Conditional Use Permit No. C-13-136 proposes a gated development with private streets and modified property development standards for 49 of the proposed lots; the remaining 85 lots are proposed on public streets and will include modified property development standards. The subject property is located within the 2025 Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for medium low (2.19 to 6.00 dwelling units per acre) density residential planned land uses. Vesting Tentative Tract Map REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-13-136 Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 2 No. 6045/UGM proposes a 134-lot single family residential planned development subdivision on approximately 21.07 acres at a density of 6.35 dwelling units per acre. The Copper River Ranch Planned Community was approved with blended densities that involved both single and multiple farnily residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed subdivision can be found consistent with the medium low density residential planned land use designation for the subject property pursuant to Section 12-304-B-23 of the Fresno Municipal Code (FMC). Thus, the subject applications are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the 2025 Fresno General Plan and the Woodward Park Community Plan. PROJECT INFORMATION PROJECT A 134-lot, single family residential subdivision to be developed at a density of 6.35 dwelling units per acre. The project proposes to develop single-family residences with modified property development standards, including lot size, lot coverage and setback requirements APPLICANT Gary Giannetta on behalf of Copper River 74, Inc. LOCATION Located between North Friant Road and East Copper Avenue, within the Copper River Ranch Planned Community (Council District 6, Councilmember Brand) SITE SIZE Approximately 21.07 acres LAND USE Existing - Vacant Proposed - Single family residential ZONING Existing - R-1/EA/UGM/cz (Single Family Residential DistrictlExpressway Area Overlay District/Urban Growth Management/coiiditions of zoning) Proposed- No change PLAN DESIGNATION The proposed 134-lot single family residential subdivision is AND CONSISTENCY consistent with the 2025 Fresno General Plan and Woodward Park Community Plan designation of the site for medium low density residential planned land uses pursuant to Section 12-304-B-23 of the FMC ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR) No. 10130 and Mitigated Negative Declaration No. A-09-02 and to the Program EIR No. 10126 related to the Copper River Ranch Project, dated January 17, 2014 REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-13-136 Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 3 PLAN COMMITTEE The Copper River Ranch Master Planned Community was RECOMMENDATION recommended for approval on October 11, 2004, by the Northeast Area Plan and Implementation Committee STAFF Approve the vesting tentative tract map and conditional use RECOMMENDATION permit applications subject to compliance with the Conditions of Approval for T-6045/UGM and for C-13-136 dated April 2, 2014 BORDERING PROPERTY INFORMATION Planned Land Existing Zoning Existing Land Use Use R-11EA/UGM/cz Medium Low Single t-amily Residential Single-family Residences North Density District/Expressway Area Overlay (under construction) Residential District/Urban Growth Management/conditions of zoning R-A/UG M East Open Space Single Family Residential- - Golf Course Agricultural District/Urban Growth Golf Course Management R-A/UGM South Open Space Single Family Residential- Golf Course — Golf Course Agricultural District/Urban Growth Management West Open Space AE-20 (County) — Multi-use Agricultural— Twenty Acres Rural Residential Li ENVIRONMENTAL FINDING Development and Resource Management Department staff has prepared an initial study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan, the related Master Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097), and Mitigated Negative Declaration (NIND) No. A-09-02 (SCH # 2009051016) and to the Program EIR No. 10126 (SCH # 2000021003) related to the Copper River Ranch Project. The subject property has been proposed to be developed at an intensity and scale that is permitted by the Medium Low Density Residential (2.19 to 6.00 dwelling units per acre) planned land use designation for the subject site. The Copper River Ranch Planned Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Thus, the subdivision of the subject property in accordance with the Vesting Tentative Tract Map No. 6045/UGM and Conditional Use Permit No. C-13-136 will not facilitate an additional intensification of uses beyond that which already REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-13-136 Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 4 exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 and MND No. A-09-02 and the Program EIR No. 10126 related to the Copper River Ranch Project have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 and MND No. A-09-02 and Program EIR No. 10126 as provided by CEQA Section 15177(b)(3). Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to the specific project proposal, the environmental impacts noted in the MEIR, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the Medium Low Density Residential planned land use designation specified for the subject property. Based on the initis: study prepared, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND No. A-09-02 (as indicated on the attached Environmental Assessment Checklist) or the Program EIR No. 10126 related to the Copper River Ranch Project for the reasons discussed within the environmental assessment for the subject project; and, (3) No new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or HIND or the Program EIR No. 10126 related to the Copper River Ranch Project. Therefore, the project proposal has been determined to be within the scope of the MEIR, MND and Program EIR as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR No. 10130 dated January 17, 2014, with no comments received to date. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the MND adopted; and, that no new information, which was not know and could not have been known at the time that the MEIR was certified as complete or the HIND was adopted, has become available. BACKGROUND / ANALYSIS Gary Giannetta, on behalf of Copper River 74, Inc., has filed Vesting Tentative Tract Map No. 6045/UGM and Conditional Use Permit Application No. C-13-136 pertaining to approximately 21.07 acres of property located between North Friant Road and East Copper Avenue, within the Copper River Ranch Master Planned Community. Vesting Tentative Tract Map No. 6045/UGM proposes to subdivide the property into a 134-lot single-family residential REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-13-136 Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 5 subdivision. Conditional Use Permit No. C-13-136 proposes a gated development with private streets and modified property development standards for 49 of the proposed lots; the remaining 85 lots are proposed on public streets and will include modified property development standards, The subject property is located within the 2025 Fresno General Plan and the Woodward Park Community Plan, both plans designate the subject site for medium low (2.19 to 6.00 dwelling units per acre) density residential planned land uses. Vesting Tentative Tract Map No. 6045/UGM proposes a 134-lot single family residential planned development subdivision on approximately 21.07 acres at a density of 6.35 dwelling units per acre. The Copper River Ranch Planned Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Based upon the submitted subdivision design, the proposed subdivision can be found corsistent with the medium low density residential planned land use designation for the subject property pursuant to Section 12-304-B-23 of the Fresno Municipal Code (FMC). Thus, the subject applications are consistent with the planned land uses and zoning approved for the project site and will implement goals, objectives, and policies of the 2025 Fresno General Plan and the Woodward Park Community Plan. Density Transfer Density transfers are permitted through the processing of a planned development conditional use permit pursuant to Section 12-304-B-23 of the FMC. As noted previously, the Copper River Ranch Planned Community was approved with blended densities that involved both sinc;le and multiple family residential developments with an overall residential unit restriction of 2837 units. The subject application is proposed to be directly integrated with Vesting Tentative Tract Map No. 5892, which was approved by the Planning Commission on August 7, 2013. Said map abuts the subject property to the north. Conditional Use Permit Application (CUP) In addition to submitting a vesting tentative tract map, the applicant has submitted Conditional Use Permit Application No. C-13-136. Pursuant to Section 12-306-N-21 of the FMC, a CUP is required in order to create a planned development; the development may be served by pU blic or private streets or a combination thereof. The northerly two-thirds of the subject tract map will be served by public streets, while the southerly one-third will be served by private gated streets. As part of the CUP, an applicant may request a modification of development standards. Conditional Use Permit Application No. C-13-136 is a request to establish a Planned Development, which proposes to establish modified property development standards, including lot size, lot coverage and yard requirements. Homes Fronting on Public Streets The applicant is proposing to develop single-family residences with reduced yards, specifically, the applicant to proposing to have minimum 7 foot front yards, 3 foot side yards and 10 foot rear yards. The typical yards within the R-1 (Single Family Residential District) zone district are a REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-13-136 Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 6 15 foot front yard, 5 foot side yard and 20 foot rear yard. Staff is not in support of the 7 foot front yard setback to garage (staff does support a 7 foot setback to living space). Staff does not support a 7 foot setback from garage to sidewalk because there is not enough space to park a vehicle. Among other issues, vehicles parked on the sidewalk would force pedestrians Lo walk in the street. Homes Fronting on Private Streets The applicant is proposing to develop single-family residences with reduced yards, specifically, the applicant to proposing to have minimum 15 foot front and rear yards and 3 foot side yards. Staff can support a 15 foot setback from garage to back of sidewalk; however, the applicant will be required provide a section in the CC&R's within the Homeowners Association prohibiting parking in driveways less than 18' from garage to back of sidewalk (to prohibit parking over the sidewalk). Streets and Access i^oints The Public Works Department, i raffic Engineering Division has reviewed the proposed project and potential traffic related impacts for the proposed applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity aild kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated March 28, 2014. These requirements generally include: (1) The provision of a minimum two points of vehicular access to major streets for any phase of the development; (2) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and, (3) Payment of applicable impact fees (including, but not limited to, the Traffic Signal Mitigation Impact (TSMI) Fee, Fresno Major Street Impact (FMSI) Fee, and Copper River Ranch Associated Fees. The applicant is proposing to create a planned development to be served by public and private streets. There will only be one general entrance to the gated private street portion of the project; there will be two exits, the easterly exit will be accessed only by emergency services and solid waste. In order to mitigate any issues with the public and private street interface at the easterly gate, staff has required the applicant to redesign the gated entry to provide a distinguished separate treatment between the public and private streets, i.e., provide bulb-outs at the corner of Lots 33 and 34. The final design of said gate must be approved by the Traffic Engineer. Sidewalks Pursuant to the requirements of City Council Resolution No. 2010-280 all planned developments shall have sidewalks constructed on both sides of a private residential street or as otherwise provided by a pedestrian access plan, in accordance with updated Policy E-1 of the 2025 Fresno General Plan. It is noted that a pedestrian access plan is not allowed on public streets. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-13-136 Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 7 The applicant has proposed to provide a pedestrian access plan, on the private street portion of the map, as allowed under Resolution No. 2010-280. Pursuant to the conditions of approval for this project, sidewalks are required on both sides of the streets, throughout the private street portion of the map. As shown on the Pedestrian Access Plan (Exhibit P dated December 24, 2013), no sidewalk is required for a majority of the west side of Lot 90; no sidewalk is required in said location since there is no pedestrian access gate along the west side of Lot 90 and there is a curb ramp proposed at the northwesterly portion of Lot 90. Additionally, pedestrian gates are required on both sides of the street at the fence proposed within Avenue G (easterly fence). Alternatively, the applicant may provide curb ramps on both sides of the street, to be located just south of the proposed fence, in order to provide pedestrian connectivity for residents living on either side of Avenue G; should this alternative be used, only one pedestrian gate will be required. Walls/Open Space The City of Fresno Noise Element of the 2025 Fresno General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dB DNL, and for interior living areas a noise level exposure of not more than 45 dB DNL. The acoustical analysis prepared by Brown-Buntin Associates, Inc. dated July 18, 2013, recommends, in part, a 6' high solid masonry wall along Alicante Avenue in order to comply with the sound requirements of the General Plan. Said wall is a condition of approval for the subject project. The County of Fresno, Department of Public Works and Planning, has required a block wall, or other type of screening device, to mitigate headlight glare between North Friant Road and North Alicante Drive (said streets run adjacent to each other). Pursuant to the conditions of approval, the applicant must provide a wall, dense landscaping (minimum 4' high) or other t,, pe of screening device between North Friant Road and North Alicante Drive, where said streets abut each other. It is noted that a 2.6 acre park within the Copper River Ranch Community is located within approximately 0.40 mile from the southern boundary of the subject site. Community Plan Citizen Committees The Copper River Ranch Planned Community was recommended for approval on October 11, 2004, by the Northeast Area Plan and Implementation Committee. Public Services The Public Utilities Department has identified sewer and water requirements for this project. These conditions are listed in the memoranda dated March 20, 2014 and March 21, 2014, respectively. It should be noted that a tertiary wastewater treatment facility within the Copper River Ranch project will accommodate the wastewater flow from this project. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be accommodated by the district. The project applicant shall comply with the FMFCD requirements as detailed in its memorandum dated December 20, 2013. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-13-136 Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 8 Notice of Planning Commission Hearing The Development and Resource Management Department mailed notices of this Planning Commission hearing to surrounding property owners within 350 feet of the subject property, pursuant to Section 12-401-C-2 of the Fresno Municipal Code. LAND USE PLANS AND POLICIES The subject site is designated for medium low density residential planned land uses by the 2025 Fresno General Plan and the Woodward Park Community Plan. The objectives and policies of the 2025 Fresno General Plan encourage the development of master planned communities in an attempt to maximize the efficient use of the land. Policy C-8-g states: Support the planning and development of master planned/mixed use comt, unities such as the Dominion Project. Additionally, Objective C-10 states: Promote the development of more compact pedestrian friendly, single-family residential projects to aid in the conservation of resources such a3 land, energy, and materials. Conditional Use Permit Application Findings (Planned Development) Conditional Use Permit Application No. C-13-136 proposes the development of a 134-lot single family residential planned development. The planned development will provide modified property development standards. Based upon analysis of the conditional use permit application and subject to the applicant's compliance with the Conditions of Approval dated April 2, 2014, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code can be made. 1. 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, Conditional Use Permit Application No. C-13-136 will comply with all applicable codes, including, landscaping, walls, etc., given that the special conditions of project approval will ensure that all conditions are met. 2. 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, The Public Works, Traffic Engineering Division reviewed the proposed project and assessed the adjacent streets to ensure that the proposal would not have significant impacts on traffic and the surrounding community. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-13-136 Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 9 3. 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 the FMC. The site is vacant and with the adoption of the 2025 Fresno General Plan, the city analyzed the impacts of converting vacant land into urban uses and determined that it is necessary to convert land within the sphere of influence in an attempt to provide housing, growth, employment opportunities, etc. The Development and Resource Management Department has 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 application review and conditional use permit application review processes. Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§ 66400, et seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan and the Woodward Park Community Plan, becaL;se the plans designate the site for medium low density residential planned land uses and the project design meets the density and zoning ordinance criteria for development. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site; and, that development shall occur in accordance with adopted standards, goals, objectives, and policies for development in the City of Fresno. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because the area is not known to contain any unique or endangered species and the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application No. C-13-136 Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 10 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the 2025 I resno General Plan and Woodward Park Community Plan, complies with applicable zoning and subdivision requirements. Based upon the plans and information submitted by the a[:aplicant and the recommended conditions of project approval, staff has determined that these findings can be made. Planning Commission action of the proposed Vesting Tentative Tract Map and Conditional Use (Permit, unless appEMled to the Council, is final. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals :end policies of the 2025 Fresno General Plan and the Woodward Park Community Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the Vesting Tentative Tract Map No. 6045/UGM and Conditional Use Permit No. C-13-136 are appropriate for the project site. Attachments: 2013 Aerial Photograph of Site Exhibit A - Vesting Tentative Tract Map No. 6045/UGM dated December 24, 2013 Exhibit A-1 - Site plan dated February 6, 2014 Exhibit A-2 - Site plan (typical lot) dated February 6, 2014 Exhibits E-1 through E-3 - Elevations dated September 4, 2013 Exhibits F-1 and F-2 - Floor Plans dated September 4, 2013 Exhibit P — Pedestrian Access Plan dated February 6, 2014 Conditions of Approval for T-6045/UGM dated April 2, 2014 Conditions of Approval for CUP Application No. C-13-136 dated April 2, 2014 Comments and Requirements from Responsible Agencies Environmental Assessment No. T-6045/C-13-136, Finding of Conformity to the 2025 Fresno General Plan MEIR No. 10130 and Mitigated Negative Declaration for Plan Amendment A-09-02 and to the Program E.IR No. 10126 related to the Copper River Ranch Project dated January 17, 2014 _ T 1 LO tip S L✓ �� . � • } •u fl v � ti • 9� z w h. �•�fJ+Il1B��-� •� '� � tjj I • , ` �i� 1 ll I 1 •� hillin R CL �' II Ouo `aa oda mI� Fb i+ gfEai3 P yC_ i �C� l 4Wov i ire C U a p y p Lr lit I p1I�6 _ � bS / I / ILL �. 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S P � a +rl - I: c LL m r z w m i u �I {• ,LL`s _ vp j QZaL'n'LO � � pp La 0 r W mum- 1 iITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL APRIL 2,2014 VESTING TENTATIVE TRACT MAP NO. 6045/UGM Located Between North Friant Road and East Copper Avenue, within the Copper River Ranch Planned Community All vesting tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code, 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 60 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) The subdivider of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tra�.t maps. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 6045/UGM (Exhibit A), a Planned Development dated December 24, 2013, the subdivider may prepare a Final Map in accordance with the approved vesting tentative map and Conditional Use Permit No. C-13-136 which establishes a planned development for the subject property. 2. 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 Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Planning and Development Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and Conditions of Approval Vesting Tentative Tract Map No. 60451UGM April 2, 2014 Page 2 engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. 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. 5. 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. 6. Comply with the con.ditior,s, 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. 7. The developer/owner shall pay applicable fees for, bort riot limited to, plan checks for street improvement c� and other grading and construction; stre t_,>t trees, street signs, wate and sewer service, and inspections in accordance; with the i;ity of Fresno Master Feo Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. 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 thn Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider sha',I 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. 9. As a condition of Final Map approval, the subdivider shall furnish to the City La subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. 10. It shall be required that you file an updated Exhibit Seven titled "Land Use, Density and Parcel Identification Matrix" relative to Conditional Use Permit Application No. C-04-153. The Copper River Ranch Planned Community was approved with blended densities that involved both single and multiple family residential development with an overall residential unit restriction of 2837 units. Provide an exhibit showing approved and future development which does not exceed 2837 units. 11. Vesting Tentative Tract Map No. 6045/UGM is subject to approval of related Conditional Use Permit No. C-13-136. Conditions of Approval Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 3 12. Conditional Use Permit Application No. C-13-136, filed to establish a 134-lot planned development shall be approved prior to final map approval. 13. Conditions of zoning were placed on the site in 2003 with approval of Rezone Application No. R-01-14 (Copper River Ranch rezone). This application is subject to compliance with the mitigation measures established by the certification of Final Environmental Impact Report No. 10126 (SCH No. 2000021003) prepared for Copper River Ranch. GENERAL. INFORMATION 14. When the grading plan establishes a top of slope beyond the required landscape easement noted and the construction of the required wall is to be established coincident with the top of slope, then the required minimum easement width shall be expanded to include the fall landscaped -u::a up to the wall Iucation. I 5. I he long tern, maintenance of all the items listed below is the ultimate responsibility of the owner/developer. a) The property owner shill be responsible for providing for the maintenance of all landscaping and hardscaping located within proposed Outlots, associated with the proposed project. b) The property owner shall be responsible for providing for the maintenance of all landscaping and hardscaping located in any entry median island or traffic medians located within the project. c) The property owner shall be responsible for providing for the maintenance of the curbs and gutters, valley gutter, sidewalks, street lights and street signage within any local public street rights-of-way associated with the project. d) The property owner shall be responsible for providing for the maintenance of all street trees within any local public street rights-of-way associated with the project. 16. Maintenance of the required landscape easements, streets, curbs and gutters, sidewalks, medians, and street furniture may be the responsibility of the City's Community Facilities district. Contact the Public Works Department, Engineering Services Division, at 559-621-8695 for information regarding the City's Community Facilities District. The property owners may petition the City for annexation to the City's Community Facilities District prior to Final Map approval. 17. If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, the subdivider/owner 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 subdivider/owner shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. Conditions of Approval Vesting Tentative Tract Map No, 6045/UGM April 2, 2014 Page 4 18. Should the City Council not approve the annexation of any or all of the maintenance items listed above, then the property owner/subdivider shall create a homeowners association for the maintenance of these items and proposed private streets, utilities, and walls/gates. The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Planning and Development 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 Planning and Development Department Guidelines for preparation of CC&Rs dated January 11, 1985. 19. Improvement plans for all required landscaping and irrigation systems to the Planning and Development Departi-nent for review prior- to Fis ial Map approval. Sidewalks (Pedestrian Access Plan) 20. Pursuant to the requirements of City Council Resolutiun No. 2010-280 all planned developments shall have sidewalks constructed on bath sides of a. pi ivate residential street of .is otherwise provided by a pedestrian access pla i, in accordance with updated Policy I ' I of the 2025 Fresno General Plan. The developer- has proposed to provide a pedestrian access plan, on the private street portion of the map, as allowed under Resolution No. 2010-280. It is required that sidewalks be constructed on both sides of the streets, throughout the private street portion of the map. As shown on the Pedestrian Access Plan (Exhibit P dated December 24, 2013), no sidewalk is required for a majority of the west side of Lot 90; no sidewalk is required in said location since there is no pedestrian access gate along the west side of Lot 90 and there is a curb ramp proposed at the northwesterly portion of Lot 90. Provide an updated Pedestrian Access Plan depicting sidewalks throughout the private street portion of the map (except along the west side of Lot 90 as noted above). Additionally, pedestrian gates are required on both sides of the street at the fence proposed within Avenue G (easterly fence). Alternatively, the applicant shall provide curb ramps on both sides of the street, to be located just south of the proposed fence. Should this alternative be used, only one pedestrian gate will be required. Walls/Fences/Landscaping 21. The City of Fresno Noise E=lement of the General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dB DNL, and for interior living areas a noise level exposure of not more than 45 dB DNL. The acoustical analysis prepared by Brown-Buntin Associates, Inc. dated July 18, 2013, recommends, in part, a 6' high solid masonry wall along Alicante Avenue in order to comply with the sound requirements of the General Flan. Comply with the conclusions and recommendations in the acoustical analysis prepared by Brown-Buntin Associates, Inc. Conditions of Approval Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 5 dated July 18, 2013. Any changes to these requirements must be approved by the Development and Resource Management Department. 22. As noted on the Site Plan (Exhibit A-1 dated February 6, 2014) the easterly vehicle gate is limited to Emergency Vehicle Access and Solid Waste access only. 23. Provide a corner cut-off area at all street intersections in accordance with Section 12-306-H-3-d of the Fresno Municipal Code. 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. Lot Dimensions 24. Lot dimensions shall match those depicted on "Exhibit A," dated December 24, 2013, for Vesting Tentative Tract Map No. 6045/UGM, excepting changes as required per the. conditions of approval. BUildinq Setbacks Homes fronting on Public Streets 25. Minimum building setbacks shall be in accordance with exhibit "A-1" (site; plan) for 0-13- 136 dated February 6, 2014, except as follows: Front and side yard: The setback to the garage from property line shall be 20' (18' to back of sidewalk from the garage is allowed with a roll-up door). Homes frontinq_on Private Streets 26. Minimum building setbacks shall be in accordance with exhibit °A-1" (site plan) for C-13- 136 dated February 6, 2014. Provide a section in the CC&R's for the Homeowners Association prohibiting parking in driveways less than 18' from garage to back of sidewalk (to prohibit parking over the sidewalk). INFORMATION 27. Prior to the issuance of building permits for the subdivision, school construction fees shall be paid to the Clovis Unified School District in accordance with the school district's adopted schedule of fees. 28. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction, The Mode of Delivery Agreement mutt have District approval signature to be valid. In addition to Conditions of Approval Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 6 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. 29. Pursuant to Section 66456.1 of the Subdivision Map Act, which states "The right of the subdivider to file multiple Final Maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple Final Maps," multiple final maps filed by the subdivider on this tract shall fully and independently conform to all provisions of Fresno Municipal Code Chapter 12, Article 10, Subdivision of Real Property. 30. 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 prop:.: abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 31. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 32. 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. 33. 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 th=: paleontologist determines the material to be significant, a recommendation shall b-- made to the City as to any further site investigation or preservation measures. 34. 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; Conditions of Approval Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 7 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 ?mount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. 35. The subdivider ,hall comply with Regulation VIII of the San Joaquin Valley Air Pollution Control District for the control of particulate anatter, and fugitive dust during construction of this project. 16. Solid waste disposal for the subdivision shall be provided by the City of Fresno. The method of collection to be utilized in this tract shall be subject to approval of the Solid Waste! Manager(see below-rioted conditions). PARK SERVICE 37. Comply with the memorandum from the Public Works Department dated November 15, 2013. COMMUNITY FACILITIES DISTRICT 38. Comply with the memorandum from the Public Works Department dated November 25, 2013. FIRE SERVICE 39. Comply with the memorandum from the Fire Department dated March 26, 2014. Should a second point of access be proposed from North Friant Road, it will only be allowed until such time as North Alicante is provided with a second permanent public street access connection or revised temporary access point. The applicant is required to provide a covenant is stating that an access point from North Friant Road is temporary and that the access point be removed and replaced with landscaping, parkstrip, curbing, etc. SOLID WASTE SERVICE 40. Comply with the memorandum from the Solid Waste Division dated March 27, 2014. Conditions of Approval Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 8 STREETS AND RIGHTS-OF-WAY 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. The subdivider/owner shall make provisions for disabled persons in accordance with the Department of Public Works standards and as required by State law. Handicap access ramps are required to be constructed in sidewalks at all corners within the limits of the tract. Where street furniture is located within the sidewalk area (fire hydrants, streetlights, etc.), a minimum of 48 inches of unobstructed path shall be maintained to satisfy the American Disabilities Act requirements. If necessary, dedicate a pedestrian easement to accommodate for the four foot minimum unobstructed path requirement. 43. All of the required street improvements shall be constructed and/or installed in accordance with the City of Fresno Standard Specifications (2002 Edition). The following shall be submitted as a single package to the Public Works Department for review and approval: a. Signing and striping plans (per current California Department of Transportation standards); b. Street Construction Plans; c. Landscape and irrigation plans (median island and street trees within all parkways); and 44. The subdivider shall underground all existing off-site overhead utilities and proposed utility systems in accordance with FMC Sections 12-1011 and Resolution No. 78-522, 88-229. 45. The subdivider shall construct an underground street lighting system per Public Work Standards within the limits of the tract. Spacing and design shall conform to Public Works Standards. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 68-187, 78-522, 81-219, and 88-229 or any modificatio'i thereto approved by the City Traffic Engineer prior to Final Map approval. Upoli completion of the work by the subdivider and acceptance of the work by the City, the street lighting system shall be dedicated to the City. Submit engineered construction plans to the Public Works Department for approval. 46. All dead-end streets created by this subdivision shall be properly barricaded in accordance with City standards within seven days from the time the streets are surfaced or as directed by the City Engineer. 47. 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. 48. Comply with the memorandum from the Public Works Department dated March 28, 2014. Conditions of Approval Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 9 SANITARY SEWER SERVICE 49. Comply with the memorandum from the Public Utilities Department dated March 20, 2014. WATER SERVICE 50. Comply with the Department of Public Utilities, Water Division memorandum dated March 21, 2014. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) 51. The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installatio I of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. 52. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. Right-of-Way Acquisition 53. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 54. 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. 55. 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. 56. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/Real Estate Section, an appraisal report or a request for an estimated appraisal amount(to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 57. The subdivider/owner 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 cost!, necessary to effect the acquisition of such easements or rights-of-way. Conditions of Approval Vesting Tentative Tract Map No. 60451UGM April 2, 2014 Page 10 FLOOD CONTROL AND DRAINAGE 58. Comply with the memorandum from the Fresno Metropolitan Flood Control District dated December 20, 2013. 59. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards with seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. STREET NAMES 60. Submit a list of street names, to Jon Bartel in the Public Works Department, for review and approval. North Via Venitzia shall extend from Lot 22, south to Lot 12:3 (which includes the privates street {_)ortion of the snap. COUNTY OF FRESNO— DEPARTMENT OF PUBLIC WORKS AND PLANNING 61, The County of Fresno, Department of Public Works and Planning, requires a block wall or other tyl'r' ui screening device to mitigate headlight glare between North Friant Road and North Alicante Drive. As such, it is required that you provide a wall or dense landscaping (minimum 4' high)or other type of screening device between North Friant Road and North Alicante Drive, where said streets abut each other. Additionally, should a second point of access (temporary) be proposed from North Friant Drive, appropriate permit(s) shall be obtained from the County of Fresno. FRESNO IRRIGATION DISTRICT 62. Comply with the letter from the Fresno Irrigation District dated December 9, 2013. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 63. Comply with the letter from the San Joaquin Valley Air Pollution Control District dated December 16, 2013. CLOVIS UNIFIED SCHOOL DISTRICT 64. Comply with the letter from the Clovis Unified School District dated November 14, 2013. CALTRANS 65. Comply with the letter from Caltrans dated December 10, 2013. Conditions of Approval Vesting Tentative Tract Map No. 6045/UGM April 2, 2.014 Page 11 DEVELOPMENT FEES AND CHARGES 66. This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge[1] $0.10/sq. f#: (to 100' depth) b. Oversize Charge[1] $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge[2] N/A Service Area: Herndon d. Wastewater Facilities Charge[3] $2,113/living unit e. Copper River Sewer Backbone System [4] $877/living unit f. Capper Avenue Sewer Lift Station Charge[4] $650/living unit g. House Branch Sewer Chargo [2] NIA WATER CONNECTION CHARGES FEE RATE h. Service Connection Charge Fee based on service(s) and meter(s) sires specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. i. Frontage Charge [1] $6.50/lineal foot j. Transmission Grid Main Charge [1] $643/gross acre (parcels 5 gross acres or more) k. Transmission Grid Main Bond Debt Service Charge [1] $243/gross acre (parcels 5 gross acres or more) I. UGM Water Supply Fee [2] N/A Service Area: 101s I. Well Head Treatment Fee [2] N/A Service Area: 101 m. Recharge Fee [2] N/A Service Area: '101 Conditions of Approval Vesting Tentative Tract Map No. 6045/UGM April 2, 2014 Page 12 In. 1994 Bond Debt Service [1] N/A Service Area: 101 CITYWIDE DEVELOPMENT[ IMPACT FEES FEE- RATE: o. Fire Facilities Impact Fee-- Citywide [4] $539/living unit p. Park Facility Impact Fee-- Citywide [4] $2278/living unit q. Ouimby Parkland Dedication Fee [2.] $1120/living unit r. Citywide Regional Street Impact Fee [3] $8,361/adj. acre s. New Growth Area Major Street Fee [3] $18,790/adj. acre t. Police Facilities Impact Fee —Citywide [4j $624/living unit u. Traffic Signal Charge [1] $450.94/living unit COPPER RIVER RANCH IMPACT FEES FEE RATE v. CRR Major Roadway Infrastructure Facility Fee [4] $7,972/adj. acre w. CRR Major Interior Collector Roadway Facility Fee [4] $26,676/adj. acre x. CRR Clovis Mitigation Fee [2] $38.99/ADT [5] z. CRR Friant Widening Mitigation Fee [2] $9.76/ADT [5] 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 dale 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. [5] Determined by Public Works. CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT LONDITIONS OF APPROVAL APRIL 2, 2014 CONDITIONAL USEI `'I :RMI7 APPLIC, 'ION NO. C-13-136 "A PLANNED DEVELOPMENT" PART A - PROJECT INFORMIATION 1 . Assessor's 579-074-09 Parcel No(s): 2. Job Address: Vesting Tentative Tract Map No. 6045/UGM 3. Street Location: Located between North Friant Road and East Copper Avenue, within the Copper River Ranch Planned C:ornrnunity 4. -ening R.-1/EA/UGM/c.- (-dingle Family Residential District/Expressway Area Overlay l District/Urban Growth Management/conditions of zoning) zone district 5. Planned Land Use: Medium Low Density Residential 6. Plan Areas: 2025 Fresno General Plan and Woodward Park Community Plan 7. Project Description: Conditional Use Permit Application C-13-136 proposes a gated development with private streets and modified property/ development standards for 49 of the proposed lots; the remaining 85 lots are proposed on public streets and will include modified property development standards,for Vesting Tentative Tract Map No. 6045/UGM on approximately 21 .07 acres NOTICE TO PROTECT 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 b.,F 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, reservatiow'. or exaction,; impose on th - development projeu: Conditions of Approval Conditional Use Permit Application No. C-13-136 April 2, 2014 Page 2 of 8 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 B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on April 2, 2014, approved the special permit application subject to the enclosed list of conditions and Exhibits A-1, A-2 dated February 6, 2014, and Exhibits E-1, E-2, E-3, F-1, F-2 dated September 4, 2013, and Exhibit P dated December 24, 2013, for Conditional Use Permit Application No. C-13-136. IMPOR i;"AN 1 : PLI-:ASI READ CARE! ULLY Please note that this project may be subject to a variety of discretionary conditions of approval. I'hese 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 Section 12-405.A can be made. 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. Conditions of Approval Conditional Use Permit Application No, C-13-136 April 2, 2014 Page 3 of 8 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. This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Development and Resource Management Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note:, on the site plan.) No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on the original site plan exhibits(dated September 19, 2013)to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by April 2, 2018 (four years from the date of approval). To complete the back-check process for building permit relative to planning and zoning issues, submit four copies of this corrected,final site plan,together with copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Planning Division for final review and approval, ten days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Planning Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Conditions of Approval Conditional Use Permit Application No. C-13-136 April 2, 2014 Page 4 of 8 Please contact Israel Trejo at(559)621-8044 or via e-mail at Israel.Trejo@fresno.gov to schedule an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. 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 ma-,., be directed to Louise Gilio at(559)621-8678/L.ouise.Gilio@fresno.gov of the City of Fresno Public Works Department, Engineering Division, Traffic Section. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit "A" is required to include all street furniture, e.g.: public utility poles and boxes,guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights-of- way. b) Deed documents for the required property dedications shall be prepared by the applicant's engineer and submitted to the Public Works Department, Engineering Division, Special Districts/Projects and Right-of-Way Section with verification of ownership prior to issuance of building permits. Deed documents must conform to the format specified by the City. Document format specifications may be obtained from the Public Works Department, Engineering Division, Special Districts/Projects and Right-of-Way Section, or by calling (559) 621-8694. c) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub- surface private structures and appurtenances extending within the public rights-of- way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to issuance of building permits. 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 Conditions of Approval Conditional Use Permit Application No. C-13-136 April 2, 2014 Page 5of8 Engineer. The performance of any work within the public street rights-of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division at (559) 621-8693, prior to commencement of the work. Contact the Public Works Department, Engineering Services Section at (559) 621-8686 for detailed information. All required street improvements must be completed and accepted by, the City prior to occupancy. b) Repair damaged and/or off grade off-site concrete improvements as determined by the Public Works Department, Construction Management Division(559)621-550C. c) Install streetlights along all street frontages in accordance with City standards. Plans must be prepared by a registered Civil Engineer and must be approved b,r the Public Works Department Engineering Division prior to installation. d) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559) 621-8682, for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. 3. SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice Land Surveying in the State of California. PART D - PLANNING/ZONING REQUIREMENTS 1) PLANNING a) Development is subject to the following plans and policies: i) 2025 Fresno General Plan ii) Woodward Park Community Plan iii) Planned Development (Section 12-306-N-21 of the FMC) iv) Medium Low density residential planned land uses 2) ZONING a) Development is proposed in accordance with the R-1/EA/UGM/cz (Single Family Residential District/Expressway Area Overlay District /Urban Growth Management/conditions of zoning) zone district. Approval of Conditional Use Permit Application No. C-13-136 is contingent upon approval of Vesting Tentative Tract Map No. 6045/UGM. Conditions of Approval Conditional Use Permit Applicstbn No. C-13-136 April 2, 2014 Page 6 of 8 b) Conditions of Zoning were placed on the project site in 2003 with approval of Rezone Application No. R-01-14 (Copper River Ranch rezone). This application is subject to compliance with the mitigation measures established by the certification of Final Environmental Impact Report No. 10126(SCH No. 2000021003) prepared for Copper River Ranch. 3) BUI1 DING HEIGHT a) The height of the proposed structures shall meet the requirements of Section 12- 211.5-D of the FMC. 4) LOT COVERAGE a) The lot coverage shall be as depicted on Exhibit A-1 (Site Plan) dated February 6, 2014. Additionally, lot coverage shall comply with the requirements of the Fresno Metropolitan Control District as noted in their letter dated December 20, 2013. 5) BUILDING SETBACKS, OPEN SPACES AND LANDSCAPING a) Minimum building setbacks shall be: in accordance with Exhibit A-1 (Site Plan) dated February 6, 2014, except as follows. Homes fronting on Public Streets Minimum building setbacks shall be in accordance with exhibit "A-1" (site plan)for(: 13-136 dated February 6, 2014, except as follows: Front and side yard:The setback to the garage from property line shall be 20' (18' to back of sidewalk from the garage is allowed with a roll-up door). Homes fronting on Private Streets Minimum building setbacks shall be in accordance with exhibit "A-1" (site plan) for C.- 13-136 dated February 6, 2014. Provide a section in the CC&R's for the Homeowners Association prohibiting parking in driveways less than 18' from garage to back of sidewalk (to prohibit parking over the sidewalk). b) On-site trees are required as follows: Section 12-306-N-24-G-3 of the FMC require's one medium sized tree (30-60 feet at maturity) for each required parking space, plus one medium sized tree for each residential unit. Two small size trees (15-30 feet a� maturity) may be substituted for one medium size tree. Conditions of Approval Conditional Use Permit Application No. C-13-136 April 2, 2014 Page 7 of 8 6) FENCES, HEDGES, WALLS a) Comply with the conclusions and recommendations in the acoustical analysis prepared by Brown-Buntin Associates, Inc. dated July 18, 2013, which, in part, requires a 6' high solid masonry wall along Alicante Avenue. b) As noted on the Site Plan (Exhibit A-1 dated February 6, 2014) the easterly vehicle gate is limited to Emergency Vehicle Access and Solid Waste access only. c) Provide a corner cut-off area at all street intersections in accordance with Section 12- 306-H-3-d of the Fresno Municipal Code. 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. 7) SIDEWALKS (PEDESTRIAN ACCESS.PL. AN) a) Pursuant to the requirements of City Council Resolution No. 2010-280 all planned developments shall have sidewalks constructed on both sides of a private residential street or as otherwise provided by a pedestrian access plan, in accordance with updated Policy E-1 of the 2025 Fresno General Plan. The developer has proposed to provide a pedestrian access plan, on the private street portion of the map, as allowed under Resolution No. 2010-280. It is required that sidewalks be constructed on both sides of the streets, throughout the private street portion of the map. As shown on the Pedestrian Access Plan (Exhibit P dated December 24, 2013), no sidewalk is required for a majority of the west side of Lot 90: no sidewalk is required in said location since there is no pedestrian access gate along the west side of Lot 90 and there is a curb ramp proposed at the northwesterly portion of Lot 90. Provide an updated Pedestrian Access Plan depicting sidewalks throughout the private street portion of the map (except along the west side of Lot 90 as noted above). Additionally, pedestrian gates are required on both sides of the street at the fence proposed within Avenue G (easterly fence). Alternatively, the applicant shall provide curb ramps on both sides of the street, to be located just south of the proposed fence. Should this alternative be used, only one pedestrian gate will be required. PART E - CITY AND OTHER SERVICES a) Comply with the Conditions of Approval for Vesting Tentative Tract Map No. 6045/UGM dated April 2, 2014. Conditions of Approval Conditional Use Permit Application No. C-13-136 April 2, 2014 Page 8 of 8 DEPARTMENT OF PUBLIC WORKS TO: Israel Trejo, Planner III DARM, Planning Division FROM: Hilary Kimber, Parks Supervisor II (559.621.1345) Streets Division, Public Works DATE: November 15, 2013 SUBJECT: Tract 6045; c-13-136 (APN: 579-074-09s) located on the east side of proposed North Alicante Avenue, north of East Club House Drive, in the Copper River Development Outlot G. The Department of Public Works has reviewed the Tentative Tract Subdivision Map proposed by Gary Gianetta., on engineering plans dated August 30, 2013 . 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 AB1881. The designated street tree for North Alicante Drive is: There is no designated stre ;t tree for N. Alicante Dr. Please choose an appropriate street tree from the list of Approved Street Trees. 2. Street Tree Planting by Developer: For those lots having internal street tree fronta«e 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' 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 Wn:nr efficient Landscaping and Buffer landscaping. B. Should the proposed landscape buffers and/or parkway strips be located next to n 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 l Le 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 vrth 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-w�iy, within the City- controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDIAN ISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project, applicants shall submit Plans to the Public Works/Engineering Services showing the location and configuration of all median islands fronting the proposed project. 2. The Public Works Department will review and evaluate existing median island(s) for a determination of all required improvements prior to approval of Final Map. 3. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works Department requires all proposed median islands to be constructed with 2 foot wide colored concrete strips, flush along curb edge, in a 12 inch by 12 inch brick red slate pattern. 4. Trees shall not be planted in sections which are less than eight (8) feet wide unless approved by the Public Works Department. Sections less than eight (8) feet 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. 2. Outlots which are utilized for water well purposes will not be included in the CFD. The Water Division Department in Public Utilities will provide the maintenance of all plant material on the well site. City of DATE: November 25, 2013 TO: Israel Trejo, Development Services/Planning Development and Resource Management Department FROM: Ann Lillie, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT: CONDITIONS OF VESTING TENTATIVE TRACT MAP NO. 6045 FOR MAINTENANCE REQUIREMENTS LOCATION: No address sited APN: 579-074-09S portion MAINTENANCE REQUIREMENTS OF PUPI.IC IMPROVEMENTI) 1. Vesting Tentative Tract Map No. 6045 is within the boundaries of Community Facilities District No. 12 ("CFD No. 12") and will share the costs for maintenance of certain pub!i improvements based the special tax rates as defined in the CFD No. 12 District Report on file in the City of Fresno City Clerk's Office. 2, The developer shall provide a quantified estimate of all improvements to be added to CFD No. 12 for maintenance at time of final map submittal. Submit or email to Ann Lillie in the Public Works Department, Traffic and Engineering Services Division. For questions regarding these conditions please contact Ann Lillie at (559) 621-8690/ ann.lillie(ab-fresno.gov Page 1 of 1 11/25/2013 C:\DOCUMENT'S AND SETTINGS\ISRAELI'\LOCAL SEITINGSITEMPORARY INTERNET FILES\CONTENT.OUTLOOK\D7V4G5FI1T'1'6045 CONDITIONS FOR MAINTENANCE.DOCX City of FIRE DEPARTMENT Date: March 26, 2014 To: ISRAEL TREJO, Planner Development and Resource Management Department I.1'rom: BYRON BEAG.LFS, Fire Prevention Lngincer Firc:Department, Fire Prevention Division Subject: Nesting Tentative Map of Tract No. 6045/UGM and {'onditional Llse Permit Application No. C-13-136 were fled by Gary G. Oannctta Consulting Civil Engineer, on bcllali of Copper River 7/4, Inc., and pertain to 21.07 acres of vacant property hx;ated oil the east side ol,proposed North Alicantk:• Avenue north of East Clubhouse Drive in the. Copper River IDvelopment Out.lot G. Vesting Tentative Map of Tract No. 6045/UCiM proposes to subdivide the property into a 135-lot singh: family residential planned unit development subdivision consisting of 95 lots with public streets and 50 lots with gated private st.rects. Conditional Use Pen-nit Application No. C-13-136 proposes modified property development standards(lot area, lot dimensions, lot coverage, and building setbacks). Other Public street hydrant(s) must be installed. Coordinate location with Public Works. Note on plan: Fire hydrants and access roads shall be installed, tested and approved and shall be maintained serviceable prior to and during all phases of development.The 41/2"outlet shall face the access lane. Access roadways shall be constricted within 10' of the fire hydrant. Note on plan: Two means of ingress/egress must be provided.This access must be maintained during all phases of development. Analysis of access to the this tract and previously approved T-5892 fronting N. Alicante in this part of Copper River has revealed that no provisions have been made for a second point of access to this primary tract access drive. The tract master plan for this area of Copper River indicator an eventual connection to N. Willow Ave and N. Friant Road,but no permanent or temporary second access point has been proposed at this time. FFD will not accept a two lane divided public street as satisfying the 2i1 point of access requirement to T-6045 or tracts further to the north along N. Alicante. Should a second point of access be proposed from N. Friant Road it shall be located directly across from the T-6045 primary entrance designated at this time as Avenue"C"where the Alicante media is open and connected to N.Friant Road or at an approved location further north on N. Alicante.This would be a temporary second point until such time as N. Alicante is provided with a second permanent public street access corutection or revised temporary access point. The temporary EVA design must be approved by Traffic Engineering and Fire and provided with approved gates and approaches. Provide note on plan: All construction work on this project is subject to interruption if the road system becomes impassable for fire apparatus due to rain or other obstacles. All required fire access lanes shall be provided and maintained with an approved "all weather" surface capable ol*supporting 80,000 lb. vehicles (minimum 4"of base rock over compacted or undisturbed native soil or per approved engineered plans) Year-around and with 24 feet minimum width or other approved method that would prev:_ut shoulder degradation, This project was reviewed by tlhc fire department.onl y for w([mvemmit,rolated to water supply, fire hydrants, and fire apparatus access to the buildings) on situ. Review for compliance with fire and life safety requirements for the Intilditig interior and its intended use are reviewed by both tlhL,,1"ire Department�md tl:c Building and Safety Section o['fl,,%-RkI when a submittal for building plan review is tnad(s as required by the California Build np Co& by thc trchi6xt or endue i of wcord for thy.;Building. City of FRE"S'1 H10 \4'0/4/Pi DEPARTMENT OF PUBLIC UTILITIES March 27, 2014 REVISED TO: Israel Trejo, Planner III Development and Resource Management Department, Planning Division FROM: (��,,rChxis Weibert, Management Analyst II Department of Public Utilities,Administration SUBJECT: TT 6045/UGM & C-13-136; Solid Waste Conditions of Approval Location: East side of proposed North Alicante Avenue north of East Clubhouse Drive (APN 579-074-095) The Department of Public Utilities, Solid Waste Division has completed a review of Tentative Tract Map TT' 60451[1GM and C-13-136 that were submitted by Gary G. Giannetta Consulting Civil Engineer, on behalf of Copper River 74, Inc. The following requirements 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 6045 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and l Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(11). No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(10). No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Special Conditions. Gated entrances require 16' of clearance. I'age I of2 C.d[donsofAppioval'f"16045&.C-I3-,136.Rt, . -a,doux Covenant Requirements: There shall be no parking allowed in the cul-de-sacs on the solid waste service day. All tots that are part of a cul-de-sac shall be clear of all vehicles by 5:30 a.m.: • Lots 74, 75, 76 & 77 on Avenue C Lots 92, 93, 94 & 95 on Avenue E Lots 104, 105 & 106 on Avenue A Those tots that are part of a dead-end street cannot be serviced until Avenue G connects to the north: Lots 19, 20,21,22 & 23 on Avenue G PI,�c 2 d l'onditions oC Ahp civu!"1T6045 R C-13-136I. cvkcd docx City of ff DATE: March 28, 2014 TO: Israel Trejo 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 6045, Alicante Copper River Development, Inc./Gary G. Giannetta Civil Engineering .and Land Surveyinci The Public Works Department, Traffic and Engineering Services Division, has completed its review and the follmving raquilernents are to be placed on this tentative map as a condition of approval by the, Public; Works Department Provide the following prior to Planning Commission. 1. Provide cross sections along Friant Road and Alicante. Identify slope, proposed expressway fencing and how the sidewalk interacts between the two roadways. 2. Public Streets: Redesign the proposed building setback to provide for adequate visibility and parking. Provide a 20' building setback at the proposed garages. (18'from back of walk to the proposed garage is allowed with a roll-up door) 3. Redesign the gated entry to provide 50' of stacking and vehicle turn around. Provide enlarged detail. 4. Redesign gated entry at Avenue B and G to distinguish a separate treatment for public versus private streets, i.e. bulb-out at corner of lots 33 and 34. Gate should be relocated as far north as possible. Final design to be approved by Traffic Engineer. 5. Identify two points of vehicular access as approved by Fire and Public Works Department. 6. Separate the proposed 2' pedestrian easement from the 10' utility easement. Reference P-56, 7. Remove the pedestrian easements shown on the private streets. General Conditions: 1. Curb Ramps: Provide curb ramps at all corners within the limits of this subdivision. 2. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 3. Design local streets with a minimum of 250' radius. 4. Provide 30'visibility triangles at all street intersections and 10'visibility triangles where driveways intersect with roadways. 5. Local street lengths exceeding 800' and four way intersections require traffic calming measures. Construct permanent traffic circles per Public Works Standards P-83, P-84 and/or P-85. Identify and provide cross sections an the map, No parking is allowed adjacent to the circles, 6. Dead-end Streets:Any temporary dead-end streets created by this subdivision shall be properly barricaded in accordance with the Public Works Standard P-100. Page 1 of 4 TATraffi,. 11 inning\_CONDITIONS of APP'ROVAL\TRAC:T MAP8.6000\i'-6045 COPPER RIVEMT-6045 revised 3-28.14:doa 7. Outlots. If the subdivider seeks to dedicate to the City, in fee, an outlot for open space purposes, subdivider shall prove to the City that the outlot is free of toxic or hazardous materials pursuant to the requirements of City Administrative Order 8-1, including, but not limited to, performing a Phase I Soils Investigation. The soils Investigation report shall be submitted to the Public Works Department for review and approval. The subdivider must obtain Public Works approval of the soils investigation report and complete any mitigation work identified by the soils investigation prior to subdivider's submittal of the Final Map to the Development Department. Any and all costs associated of the soils investigation and any required mitigation work shall be performed at the sole expense of the subdivider. 8. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Development and Resource Management Department for review and approval: Street: construction, signing, striping, traffic signal and streetlight and Trail: construction, grading, lighting, striping, signing, landscape and irrigation. 9. Street widening and transitions shall also include utility relocations and necessary dedications. 10. Garages: a. Public Streets: Garages or carports shall be located not less than twenty (20)feet from any street frontage where the garage door of caiport opening faces and takes direct access, to the street. FPJC '12-207.5 E,e—or- Provide a rninimurn of 18' froni garage to back of walk with a roll-up door. b Private Streets: Provide a section in the C'C& R's prohibiting parking in driveways less than 18'from garage to back of walk. 11. Construct the entrance to meet the mini Lim dimensions of P-86. Revise the sidewalk pattern to: 5 1/2� planter--4' sidewalk and '/' From back of walk to property line. Frontage Improvement Requirements: Major Streets: Alicante Drive: lviodified_.Collector w114' median island(Construct both sides) 1. Dedicate 94' of property, for public street purposes within the limits of this subdivision and continue south to match the existing street right of way. 2. Construct concrete curb,gutter and sidewalk to Public Works Standard P-5. a. Northwest: The curb shall be constructed to a 16'pattern with a 6' sidewalk (per Public Works Standard P-5)and 5' of landscaping on both sides. b. Southeast: The curb shall be constructed to a 22' pattern with a 10' sidewalk and 6'of landscaping on both sides. 3. Construct 20' of permanent paving (measured from face of curb on each side)within the limits of this subdivision. 4. Construct an underground street lighting system to Public Works Standards within the limits of this subdivision. Spacing and design shall conform to Public Works Standards for Collector Streets. 5. Relinquish direct vehicular access rights to Alicante Avenue from all lots within this subdivision. Friant Road Avenue: Scenic Expressway 1. Construct an expressway barrier fence within the limits of this application, per Public Works Standard P-74 and P-75. Page 2 of 4 T.+rraftic f'I inning_ uNfi H UNS OF APPROVAUTRACT FAAPS1600CAT-6045;COPPER RIVER'+7-6045 ievisei 3-:'.8-i4.doc Interior Streets: Public Dedicate, design and construct all curb, gutter, sidewalk, (both sides), permanent paving, cul-de-sacs, easements and underground street lighting systems on all interior local streets to Public Works Standard P-56 or provide documentation to support the approval of the alternative shown. 1. Pedestrian easements are required when utilities encroach into the 4'walk. 2. Revise entry sidewalk pattern to 5 '/z' planter—4'sidewalk- %'from walk to property line. Construct the entrance to meet the minimum dimensions of P-86. Interior Streets: Private Construct sidewalks on both sides of the street or as otherwise required by a pedestrian access plan approved by the City of Fresno, in accordance with Resolution No, 2010-280. Specific Mitigation Requirements: (134 SFR units)This tract will generate 1276 Average Daily Trips. Comply with the mitigation measure requirements of the Traffic L;igineering Manager for Tract 5205. Reference TIS 04.034. 1. Relinquish direct vehicular-access rights to a, the south property line of lot 1. b. the north property line of lots 91 and 92- 2. The intersection of Alicante and the proposed entrance street shall be designed with a full median opening to allow for left turns-in and left turns-out. 3 The first order of work shall include a minimurn of two points of vehicular access to the rnalor streets for any phase of this development. Traffic Sd_ nal 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 gent;;;:;tion 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). Friant Widening Mitigation Fee: Applicant shall pay fair share contribution. Construct improvements as directed by Scott Tyler. Clovis Mitigation Fee: Applicant shall pay fair share contribution. Fresno Maior Street Impact (FMSI): This Map is in the New Growth Area; therefore pay all applicable growth area fees and City-wide regional street impact fees. Fresno Major Street Impact (FMSI) Requirements: Friant Road: Expressway 1. Complete the center section improvements within the City of Fresno limits for TT-5205. Dedicate and construct (3) 17' center section travel lanes and a raised concrete median island with 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. Copper River Ranch Associated Major Roadway Infrastructure Fee Applicant shall pay fair share contribution. Page 3 of 4 l M rarri '..wnningl CONCIITIONS OF APPROVAL\TRAcT MAW3'�60011� M45 COPPER RIVEMT-6045 revised 3.28.14.dac Copper River Ranch Interior Collector Roadway Facility Fee: Applicant shall pay fair share contribution. Allicante Drive: Collector(Growth Area Street) both sides 1. Dedicate and construct(2) 17' center section travel lanes and a 14' median island within the limits of this subdivision and continue south to the existing roundabout. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 4!. MPH design speed. Frontage Improvements required beyond the limit of development: 2025 General Plan Policy numbers E-1-c, E-1-j, E-1-n and E-3-e. 2. Dedicate and construct full offsite improvements on both sides of the street within the limits pf!his Subdivision and continue southwest to connect to the existing °public" s#reef. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed. Dedicate and construct the full turn around at the north easterly portion of this map to accommodate the proposed traffic circle to allow for u-turns. Regional Transportation Mitigation Fee (RTMI-'I.,Pay all .:)plicable IRTMIF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fre ,lo, ( F,93721; (559)233-4148 ext. 200; www.f(esnocog.org. Provide proof of payment or ext-mption prior to issuance of building permits. Page 4 of 4 i:1Trsffic Planning',—CONDITIONS OF APPROVAL I`RAC,i MAPS160001T-6045 COPPER RNER1 i-5045 revised 3-218-14.doc City of �tV,&CONSERJ,gt 104, rn -..r:al 44iAk/. oyDPU o r DEPARTMENT OF PUBLIC UTILITIES DU ADMINISTRATION DIVISION � e MEMORANDUM �9CW Date: March 20, 2014 Providing Life's Essential Services To: ISRAEL TREJO Planning and Development From: DOUG HECKER, Supervising Engineering TechnicianL Department of Public Utilities, Planning and Engineering Division Subject: REVISED SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT T- 6045/UGM; AND CONDITIONAL USE PERMIT C-13-136 General T-6045-UGM & C-13-136 were filed by Gary G. Giannetta Consulting Civil Engineer, on behalf of Copper River 74, Inc., and pertain to 21.07 acres of vacant property located on the east side of proposed North Alicante Avenue north of East Clubhouse Drive in the Copper River Development Outlot G, 11602 North Alicante Drive, APN 579-074-09S. T-6045-UGM proposes to subdivide the property into a 135-lot single family residential planned unit development subdivision consisting of 85 lots with public streets and 50 lots with gated private streets. C-13- 136 proposes modified property development standards, lot area, lot dimensions, lot coverage, and building setbacks. Sewer Requirements The nearest sanitary sewer main to serve the proposed project is an existing 15-inch in N. Alicante Drive. Sewer facilities are available to provide service to the site subject to the following requirements: 1. Construct a 15-inch sanitary sewer main in North Alicante Drive north across the project frontage. 2. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 3. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 4. On-site sanitary sewer facilities shall be private. 5. Installation of sewer house branch(s) to each lot shall be required. 6. Abandon any existing on-site private septic systems. Y/ �= A Nationally Accredited Public Utility Agency 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. 10. Public sewer service is allowed within private streets for Conditional Use Permit Application No. C-13-136 subject to the following: i) The granting of a public utility easement (P.U.E.). ii) 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: • Compliance with Section 12-1026 of the Fresno Municipal Code, as may be amended. • Compliance with Chapter 6 of the Fresno Municipal Code, relating to municipal services, as may be amended. • City Easements: Subdivider shall include a section of the Declaration entitled "City Easements" wherein Declarant reserves, for the benefit of the City, r on- exclusive easements to enter the Community for the maintenance, repair ind 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. • 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. • To the furthest extent allowed by law, the Homeowner's Association shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, Homeowner's Association or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of CITY's maintenance, repair or replacement of utilities or related replacement of asphalt or street or other improvements. Homeowner's Association's obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. • Insurance provisions consistent with City requirements as determined by Risk Management. • Amendments Requiring City Approval. Proposed amendments to Section _ of this Declaration, entitled "City Easements," shall be approved a:; 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. Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Trunk Sewer Charge: C.R.R. —Sewer Backbone system facility fee. 2. Trunk Sewer Charge: Herndon 3. Copper Avenue Sewer Lift-Station Benefit Service Area fee. 4. Sewer Lateral Charge 5. Sewer Oversize Charge 6. Sewer Facilities Charge (Residentia:l Only) i OI P��P�COHSfR�gT/a ! t Department of Public Utilities —Water Division 7 D,PU DATE: March 21, 2014 pili p Pmd:y I 4•.C+srr;ref:r+v[c: TO: ISRAEL TREJO, Planner III Development Department/Current Planning THROUGH: MICHAEL CARBAJAL, Chief Engineering Technician Department of Public Utilities, Water Division FROM: ROBERT A. DIAZ, Senior Engineering Technician Department of Public Utilities, Water Division SUBJECT: WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-6045 UGM AND CONDITIONAL USE PERMIT APPLICATION C-13-136. General T-6045-UGM & C-13-136 were filed by Gary G. Giannetta Consulting Civil Engineer, cn behalf of Copper River 74, Inc-, and pertain to 21.07 acres of vacant property located on the east side of proposed North Alicante Avenue north of East Clubhouse Drive in the Copper River Development Outlot G, 11602 North Alicante Drive, APN 579-074-09S. T-6045-UGM proposes to subdivide the property into a 135-lot single family residential planned ur it development subdivision consisting of 85 lots with public streets and 50 lots with gated private streets. C-13-136 proposes modified property development standards, lot area, lot dimensions, lot coverage, and building setbacks. Water Service The nearest water mains to serve the proposed project are a 12-inch main located in North Alicante Drive, and an 8-inch main located in North Barcus Avenue, an 8-inch main located in North Devonshire Avenue within Tract 5272. The following water improvements shall be required prior to providing City water service to the project: 1. Construct a 12-inch transmission grid water main (including installation of City fire hydrants) in North Alicante Avenue from East Clubhouse Drive north across tl-e frontage of the tract. 2. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide service to each lot. 3. All Public water facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. � � A Nalionalli-Acerediled Public Uldihv,Igency Public water service is allowed within private streets for Conditional Use Permit Application No. C-13-138 subject to the following: i) The granting of a public utility easement (P.U.E.). ii) 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: • Compliance with Section 12-1026 of the Fresno Municipal Code, as may be amended. • Compliance with Chapter 6 of the Fresno Municipal Code, relating to municipal services, as may be amended. • 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 ')e 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. • Costs of repair and/or replacement of asphalt and other street improvemerts 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. • To the furthest extent allowed by law, the Homeowner's Association shall indemnify, hold harmless and defend CITY and each of its officers, officias, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, Homeowner's Association or any other person, and from any and all claims, demands and actions in law or equ,"ty (including attorney's fees and litigation expenses), arising or alleged to hale arisen directly or indirectly out of CITY's maintenance, repair or replacement of utilities or related replacement of asphalt or street or other improvements. Homeowner's Association's obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. • Insurance provisions consistent with City requirements as determined by Risk Management. • 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. 4. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. Tile well(s) shall be capable of producing a minimum of 500 gallons per minute. Well situs shall be of a size and at a location acceptable to the Assistant Director of Public Utilities. 5. No occupancies will be permitted prior to completion of the water supply well site(s). The developer is currently constructing Pump Station No. 369. Once the capacity of this well is determined, the Assistant Director of Public Utilities will determine if an additional well site is necessary to serve the proposed tract. 6. Water well construction shall include wellhead treatment facilities, if required 7. No occupanrir will be permitted prior to the satisfaction of the water supply requirement. 8. Separate water services with i meters shall be provided to each lot created. 9. Two independent sources, of water, meeting Federal '.nd State Drinking Water Act Standards, are required to serve the tract incicrdinq any subsequent phases thereof. The two-source requii,,rnent may be acGorripiisht:,d through a combination of water main extensions, construction of supply wells, or other acceptable sources of water supply approved by the Water Systems Manager. 10.Seal and abandon existing on-site well(s) 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. 11 The developer shall provide a detailed water usage analysis identifying water fixture, landscape, and laundry efficiencies to document water conservation design characteristics, subject to approval by the Director of Public Utilities. 12.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. 13.Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed addition and/or modification to the City Sewer System. Depict neighboring parcels arid proposed plans for their continued service. 14.All public water facilities shall be constructed in accordance with Public Works Department standards, specifications, and policies. Water Fer:>; The following Water Connection Charges are due and shall be paid for the Project: 1. Wet-tie(s), water service(s) and/or meter(s) instal Iation(s). FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No 210.45 NOTICE OF REQUIREMENTS Page I of 4 PUBLIC AGENCY DEVELOPER ISRAEL TREJO COPPER RIVER 74,INC. on DEVELOPMENT SERVICES/PLANNING 1396 E.HERNDON AVE.,SUITE 101 CITY OF FRESNO FRESNO,CA 93711 2600 FRESNO STREET,THIRD FLOOD FRESNO,CA 93721 PROJECT NO: 6045 Eq ADDRESS: COPPER RIVER OUTLOT G APN: 579.074-03S,09S SENT: i I p� L5 Drainage Area(s) Preliminary Fee(s) DE $185,385.00 TOTAL FEE:$185,385.00 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 Environnr ntal 11olicv Act.'[he District in cooperation with the City and County has developed and adopted the Storm Drainage and F'locd Coulrol Master Plan.Compliance with and inrplumn;ntation of this Master Plan by this development project witl satisfy the clramage related C'EQA/NEPA impact of the project mitigation requirements. ■ Thr:proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of tlw fiiral map at the rates in effect t=t the time of such approval. Tlrr Cee indicated above is based on the tentative map.Contact the FMF('D PFOB ect 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: I a.) Fees related to undeveloped or phased portions of the project may be deferrable. Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under b.) which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c.) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, e') reimbursement will be made for the excess costs from future fees collected by the District from other development. Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or 5%of the refund whichever is less will be retained without fee credit. 5469 E.OLIVE•FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 Approval of this development shall be conditioned upon compliance with these District Requirements. I• — a. Drainage from the site shall BE DIRECTED TO X b. Grading and drainage patterns shall be as identified on Exhibit No. I _ The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and C. Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct 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: Grading Plan X Street Plan X_. Storm Drain Plan X Water&Sewer Plan �1 X Final Map Drainage Report(to be submitted with tentative map) Other None Required 4. Availability of drainage facilities: Permanent drainage service is available provided the developer can verify to the satisfaction of the City a' that runoff can be safely conveyed to the Master Plan inlet(s). X b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. _ Permanent drainage service will not be available. The District recommends temporary facilities until C. permanent service is available. X d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessitating appropriate floodplain management action.(See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. 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 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. a. State General Permit for Storm Water Discharges Associated with Construction Activities,effective July I,2010,as amended. 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 and Permit Registration Documents 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 N site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant indicators,and annually submit a report to the State Board. c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible I minimize contact with materials which may contaminate storm water runoff. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9. The District reserves the right to modify,reduce or add to these requirements,or revise fees,as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No.2 for additional comments,recommendations and requirements. Gerald E.Lakeman Neda Shakeri District Engineer Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 CC: GARY GIANNETTA,CIVIL ENGINEERING mm 1119'S'STREET FRESND,CA 9972'1 5469 E.OLIVE,-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 NOTE: // •' / /' THIS MAP IS SCHEMATIC • / ,/ / DISTANCES ARE APPROXIMATE. TRACT 5892 o TRACT//6045 ' �` CUP 2013-136 0 aI 73'Creditable As 24" —— 61 Creditable As 18" 40' Not Creditable GOLF COURSE Existing 15' Easement LEGEND 0— — Existing Master Plan Facilities Creditable Surcharge Facilities(Master Plan Surcharge Facilities ■— To Be Constructed By Developer) -Pipeline(Size Shown)&Inlet (Max. Credit$140,206) 24"(18") Pipe Size To Be Constructed (Creditable Pipe Size In Parenthesis) Non-Master Plan Facilities To Be Constructed By Developer 1 "=200' (Not Eligible For Fee Credit) Drainage Area Boundary Inlet Boundary TRACT 6045 Direction of Drainage CUP 2013-136 Major Storm Breakover DRAINAGE AREA "DE" Pipeline&Channel Easement To Be Dedicated reEXHIBIT N0. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Prepared by:keithr Date:12120/2013 Path:K:VWtocadlDWGS10ExHISIT\TRACTS\6045.mxd OTHER REQUIREMENTS EXHIBIT NO.2 There may be construction credits available from the original development agreement (Agreement No. 1342(D)-DE-11/14/16/18; 1370(D)-DE-20) for Tract 5205 that could be applied toward a portion of the fee indicated on Page 1 of this Notice. Should other subdivisions covered under the original agreement finalize their maps prior to Tract 6045/CUP 2013-136, the construction credits will be applied to the first finalized maps, unless indicated otherwise by Copper River Development Company, Inc. The Master Plan facilities shown on Exhibit No. 1 are a portion of the surcharge facilities associated with the surcharge fee adopted in Drainage Area "DE". As these are the final surcharge facilities to be constructed in Drainage Area "DE", the amount of credit that is available to be applied to these facilities from the surcharge fee is $140,206. The developer must construct all the facilities as shown on Exhibit No. 1 and surcharge credits will be applied up to a maximum of the$140,206 available. The cost of construction of' the Master Plan surcharge facilities up to the maximum as noted above, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. As the surcharge credits are less that the drainage fee of the Tract/CUP, the difference shall be paid upon demand to the City/District or construction credits from the original development agreement may be applied as described above. The developed lot coverage shall be 42% or less, otherwise, the developer shall be required to mitigate the impacts of the increased runoff due to the increased lot coverage to a rate that would be expected if developed to 42% maximum lot coverage. The developer may either make improvements to the existing pipeline system to provide additional capacity (reference should be made to Exhibit No. 1 for increases to existing system)or may use some type of permanent peak reducing facility in order to eliminate adverse impacts on the existing storm drainage system. At this time the developer's engineer has indicated he wishes to increase proposed Master Plan pipe sizes (pipe sizes shown on Exhibit No. 1 as "Pipe Size To Be Constructed"). The pipe sizes shown on Exhibit No. 1 are preliminary and shall be confirmed by the Engineer and the District. Costs to increase pipe sizes shall be at developer's expense. Development No. Tract 6045 Page 1 of 2 e n gape rm i t sle xh i b i t s Al r a c 11604 5(ns) OTHER REQUIREMENTS EXHIBIT NO.2 The site shall not block the major storm pattern for Tract 5892, along the south portion of the tract as shown on Exhibit No. 1. The developer shall verify to the satisfaction of the District that runoff from the tract has the ability to be conveyed to the golf course. A channel easement must be dedicated to the District for the flow path if not within public right-of-way. 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 increase due to meeting the requirement listed above shall be at the developer's expense. There is an existing fifteen foot (15`) wide ,corm drain easement as shown on the attached sketch No encroachnne.nts into the easement sliall be permitted including; but not limited to; foundaitions, roof overhangs,.swimming pools,and trees. Development No. Tract 6045 Page 2 of 2 engrlpermitslexh ibits2Vract16045(ns) OFFICE OF' 61 '- J6� { - _ TELEPHONE(569)233-7161 FAX(559)233.8227 _ 2997 B.MAPLE AVENUE FRESNO,CALIFORNIA 937" YOUR MOST VALUABLE RESOURCE-WATER December 9, 2013 I Mr. Israel Trejo City of r resno Development and Resource Management Department 2600 Fresno Street, Third Floor Fresno, CA 93721 RF-, Vesting Tentative Map of Tract No. 6045/UGM and Conditional Use Permit Application No, C-13-136, N/F Clubhouse Drive and Alicante Avenue Dear Mr, Trejo: The Fresno Irrigation District(FID) has reviewed the Vesting Tentative Map of Tract Application No. 6045/UGM and Conditional Use Permit Application No. 0-13-13£pertaining to the 21.07 acres of vacant property located on the east side of proposed Alicante Avenue and north of Clubhouse Drive in the Copper River Development Outlot r,. Vesting Tentative Map of Tract No. 6045/UGM propose::-.to subdivide the property into a 135-lot single family residential planned unit development subdivision consisting of 85 lots with public streets and 50 lots with gated private streets. Conditional Use Permit Application No. C-13-136 proposes modified property development standards(lot area, lot dimensions, lot coverage, and building setbacks), APN: 579-074-09s. FID has the following comments: 1. FID does not own, operate or maintain any facilities located on the subject property as shown on the attached FID exhibit map. 2. The proposed development appears to be within the City of Fresno's Sphere of Influence but lies outside FID's boundary line. The development is not entitled to water from the Kings River. 3. The proposed land use (or change in land use) should be such that the need for water is minimized and/or reduced so that groundwater impacts to the proposed project area;i:Id any surrounding areas are eliminated. The"demand"side of water consumed needs to be evaluated or scrutinized as much as the"supply" side of the water supply. FID is concerned that the proposed development may negatively impact local groundwater supplies including those areas adjacent to or neighboring the proposed development area. The area was historically aclricultuial land and significant portion of its water supply was imported surface water, supplemented by groundwater pumping. Under current circumstances the project area is experiencing a modest but continuing GVAganctaslFresnoCltylTrect Map16045 C-13-136 dor BOARD OF Fr e a i d a n t RYAN JACOBSEN, VICa-FreSiaa-t STEVEN BALLS DIRECTORS JEFFERY NEELY, GEORGE PORTER, GREGORY BE6ERiAN, [;+:meal Manager GARY R.SERRATO Mr.Israel Trejo Re:TTM 6045/UGM,CUP C-13-136 December 9,2013 Page 2 of 2 groundwater overdraft. Should the proposed development result in a conversion from imported surface water to groundwater,this deficit will increase. FID recommends the City of Fresno require the proposed development balance anticipated groundwater use with sufficient recharge of imported surface water in order to preclude increasing the area's existing groundwater overdraft problem. 4. It is unclear if the source of water for this development is solely groundwater or a mixture of treated surface water from FID's Enterprise Canal. If treated surface water will be used, the City must acquire additional water from a water purveyor,such as FID for that purpose, so as to not reduce water supplies to or create water supply deficits in other areas of the City. Water supply issues must be resolved before any further"hardening" of the water supply demand is allowed to take place. 5. It should be noted that without the use of surface water, continued dependence on solely a groundwater supply will do nothing to reverse or correct the existing overdraft of the groundwater supply beneath the City of Fresno and FID service area As this project will "harden" or make firmer the need for water, the long-term correction of the groundwater overdraft should b ;onsidered as a requirement of the project. 6. The City of Fresno and FID have been working to address water supplies issues for development outside of the FID service area. We encourage the City to continue towards finding solutions to minimize the impacts of changes in land uses and to mitigate any existing adverse water supply impacts within the development areas. 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(d-)fresnoirrigation.com. Sincerely, / William R. Stretch, P.E. Assistant General Manager-Operations Attachment G1AgencieslFresnoCitffracl Map16045 C-13-136.doc w g��y J Q Z i m Z � � H 5 Z � _ o b - � m' MOIIIAA k g 0 0 1 a i LL af U C � 7 a- a- 0 m 1 r 4 ' a- c a O U LL lit cn O ` u N Ih 7.p a)INT O O r II a s S W � N I a QrollcQ - — - - 31dVW 8 �� J \ N ?iVC130 � D 6 F � O ' Z IL W S� X MILLBROOK- 8 Y y 4LL 3 �A o m 3 s 0 7 m � Y u u a l��� � k1l X50. Ov � s D 410 EVONSMKE I S1-OPN � E U y � o I I Ifl 0 w m ?� a � a` _O I +F ti� u U w LL W 0 my 00 IL 'r r t , � Er A � i U Er Z W S R c'! n LL GOPe�� 114 San Joaquin Valley q EQ AIR POLLUTION CONTROL DISTRICT HEALTHY AIR LIVING December 16, 2013 Israel Trejo City of Fresno Development& Resource Management Planning Department '500 Fresno Street, Third Floor ! no, CA 93721-3604 Agency Project: Vesting Tentative Tract Map 6042/UGM and Conditional Use Penult Application No. C-13-136— Copper River Outlot G District CEQA Reference No: 20130969 Dear Mr. Trejo: The San Joaquin Vallev Unified Air Pollution Control District (District) has reviewed til,. pi,)jt,ct referenced above consisung if 1 -135-unit residential development located within the Copper River development area, in Fresno, f ►lifornia. fhe project would allow 85 lots with public strccts and 50 lots with gated private streets. The District offers the following c.,)mment: . 1. Based on the information provided to the District, project specific criteria pollutant emissions are not expected to exceed District significance thresholds of 10 tons/year NOx, 10 tons/year ROG, and 15 tons/year PM10. Therefore, project specific criteria pollutant emissions would have a less than significant adverse impact on air quality. 2. Based on the information provided to the District, at full build-out the proposed project would exceed 50 residential dwelling units. Therefore, the District concludes that the proposed project would be subject to District Rule 9510 (Indirect Source Review). District Rule 9510 is intended to mitigate a project's impact on air quality through project design elements or by payment of applicable off-site mitigation fees. Any applicant subject to District Rule 9510 is required to submit an Air Impact Assessment (AIA) application to the District no later than applying for final discretionary approval, and to pay any applicable off-site mitigation fees before issuance of the first building permit. If approval of the subject project constitutes the Seyed Sadredin Executive Oireclorlk Pollution Control Officer Northern Region Central Region(Main 011ice) Southern Region 4800 Entxrpose Way 1990 E.Gellyshurq Avenue 34946 Flyover Court htodeslo,C,A 953568710 Fresno,CA 931260244 0nkresf eld,CA 933089725 Tel:12091 5576400 FAX.12091 557 6475 To) 1559',2306000 FAX:('5591230 6061 fel 661 392 5500 `AX:6(11-3925585 www vall=pair.org wwxr.lrea1111y::uliviug.com District CEQA Reference No:20130969 Page 2 last discretionary approval by your agency, the District recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees before issuance of the first building permit, be made a condition of project approval. Information about how to comply with District Rule 9510 can be found online at: http:/Nwww.valleyair.org/ISR/ISRHome.htm. 3. The proposed project may be subject to District rales and regulations, including: Regulation VIII (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). The above list of rales is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at: www.valleyair.org/rules/lruieslist.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 Jessica Willis at (559) 230-5818. Sincerely, David Warner Director of Permit Services For: Arnaud Madollet Permit Services Manager DW:jw CLOVIS U N [ F t E o SCHOOL DISTRICT Governing Board November 14, 2013 Sandra A.Bengel Chri5topher Ca5ado Israel Z rejo Brian D.Heryford Development&Resource Management Glnny L.Hovseplan 2600 Fresno St.,Third hard floor Richard Lake,C.P.A. Fresno CA 93721-3604 Elizabeth I.Sandoval Jim Van Volkinburg,D.D.S. SUBJECT Tentative Tract No. 6045 Administration Janet L.Young,€d.D, S'uperhvtendent Carlo Prandinl,MD. Associate 5tipedntendent -- I Cheryl Rogers,Ed.D. Associate Superintendent Steve Ward Associate Superintendent J)Fal :\/I). l rt:JO: The purpose of this letter is to provide school district information relative to the above- referenced subdivision and to comply with Business and Professions Code section 11010, subdivision (b)(11)(A) regarding the provision of school-related information to the subdivider/owner and (lie State Department of Real Estate. 1. Elementary School Information: (a) The subject land is presently within the attendance area of the elementary school (grades K-6) listed below: School Name: Valley Oak Elementary Address: 465 E Champlain Dr Fresno CA 93730-1273 Telephone: (559) 327-8200 Capacity: 635 Enrollment: 538(CBEDS enrollment 2013-14 school year) (b) Because of projected growth in the District and the District's plans for construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than the school listed above, and (2) students residing in the project area may attend more than one elementary school within the District during their elementary school years. 1450 Herndon Avenue•Clovis,CA,93511-0599 559-327-9000•www.cusdf.com 2. Intermediate School Information: School Name: Kastner Inlernrediate Address: 7676 N 1St St Fresno CA 93720-0995 Telephone: (.559)32.7-2500 Capacity: 1331 Enrollment: 1055(CBEDS enrollment 201.3-14 school year) 3. High School Intorination: School Name: Clovis West HiK1r Address: 1 070 E Teague!Ave Fre-mo CA 93720-1899 Telephone: (559)327-2000 Capacity: 2769 Enrollment: 2151(CBEI)S enrol Iment 1613-14 school year) 3. Bits transportation is currently provided for grades K-6 students residing,further than one mile from school rand for grades 7.12 students residing further than two and one-half rniies from school. Transportation will he available for students attending the above-identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. 4. The District currently levies a school facilities fee of S3.23 per square foot (as of July I I; 2012) for residential development. The fee is adiusted periodically in accordance with law. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. 'rhe District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project. "thank you for the opportunity to comment on the project. Please contact ore if you have any questions regarding this letter. Sincerely, Steve Ward Associate Superintendent Administrative Services STATE OF CALIFORNIA—CALIFORNIACTATETRANSPORTATION AGENCY _ EDMUND G.BROWN Jr mvemor DEPARTMENT OF TRANSPORTATION DISTRICT 6 RIGHT CLICK[HERE]FOR ADDRESSES PHONE (559)444-2493 FAX (559)445-5875 Fler your power! TTY 711 Be energy Oiciem! www.doi.ca.gov December 10, 2013 2131-IGR/CEQA 6-FRE-41-31.6+/- C-13-136&VTTM 6045 COPPER RIVER 74,INC Mr. Israel Trejo City of Fresno Development Department 2600 Fresno Street,Third Floor Fresno,CA 93721-3604 Dear Mr.Trejo: We have reviewed the revised application for the 135-lot single-family residentiail project within the Copper River Ranch development. The project is located north of East Copper Avenue between North Friant Road and North Cedar Avenue. Caltrans has the following comments: The applicant for the Copper River Ranch Development agreed to pay a fair share of$700,000 to mitigate for the project's impacts to the State Route 41/Friant Road interchange. The mitigation for the residential portion of the development has been determined to be$176.24/unit. If this portion of the Copper River Ranch project is approved with the 152 units specified in the current application, the mitigation will be$23,792.40. If you have any questions, please call me at(559)444-2493. Sincerely, r � � -C211� ; « .<.e,— L= DAVID PADILLA Transportation Planner "CaIrrans improves mobility across California" CITY OF FRESNO— ENVIRONMENTAL ASSESSMENT FINDING OF CONFORMITY/MEIR NO. 10130IMND FOR PLAN AMENDMENT A-09-02 (AIR QUALITY MND) DATE RECEIVED FOR TILING: Pursuant to Section 21157.1 of the California Public Resource Code (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact Report(MEIR) No. 10130 prepared for the 2025 Fresno General Plan Applicant: Initial Study Prepared By: Copper River 74, LLC. Planner: Israel Trejo c/o Darius Assemi Date: January 17, 2014 1396 West Herndon Avenue, #101 Fresno, CA 93711 Environmental Assessment Number: Project Location (including APN): C-13-136/T-6045 East side of North Friant Road, north c East Copper Avenue Vesting Tentative Tract Map No. 6045/UGM Conditional Use permit No. CA 3-136 (APN: 579-074-09) Project Description: Gary Giannetta, on behalf of Copper River 74, Inc., has filed Vesting Tentative Tract Map No. 6045/UGM and Conditional Use Permit No. C-13-136, pertaining to approximately 21.07 acres of property located between North Friant Road and East Copper Avenue, within the Copper River Ranch Master Planned Community. The property is located within the jurisdiction of the Woodward Park Community Plan and the 2025 Fresno General Plan. The Woodward Park Community Plan and the 2025 Fresno General Plan designate the subject property for medium low density residential planned land uses. The application is a request to subdivide the subject property into a 134 lot single-family residential subdivision. Conditional Use Permit No. C-13-136 proposes a gated development with private streets and modified property development standards for 49 of the proposed lots; the remain ng 85 lots will be on public streets and will include modified property development standards. The existing R-1/EA/UGM/cz (Single Family Residential District/Expressway Area Overlay District/Urban Crowth Management/conditions of zoning) zone district is consistent with the planned land use designation of medium low density. The subject property is currently vacant. Conformance to Master Environmental Impact Report (MEIR) NO. 10130: The adopted 2025 Fresno General Plan and the Woodward Park Community Plan designate the subject site for medium low density residential planned land uses. The existing R-1/EA/LGM/cz (Single Family Residential District/Expressway Area Overlay District /Urban Growth Management/conditions of zoning) zone district for the subject property conforms to the medium low residential planned land use designation. The Development and Resource Management Department staff has prepared an Initial Study (See Attached "Modified Appendix G To Analyze Subsequent Project Identified In NIEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study") to evaluate the proposed Vesting Finding of Conformity Under MEIR No. 10130 and the Air Quality MND prepared for Vesting Tentative Tract Map No. 6045/UGM &Conditional Use Permit No. C-13-136 Environmental Assessment No. C-13-136/T-6045 January 17, 2014 Page 2 Tentative Tract Map and Conditional Use Permit application(s) in accordance with the land use and environmental policies and provisions of lead agency City of Fresno's 2025 Fresno General Plan (SCH # 2001071097), the related Master Environmental Impact Report (MEIR) No. 10130 and the Mitigated Negative Declaration prepared for Plan Amendment A-09-02 to amend the Air Quality Element of the 2025 Fresno General Plan (Air Quality MND) and Program EIR No. 10126 prepared for the Copper River Ranch Project. The subject property is currently vacant but may be developed at an intensity and scale that is permitted by the planned land use designation and zone district classification for the site. Thus, the proposed Vesting Tentative Tract Map and Conditional Use Permit applications will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 and the Air Quality MND have been applied to the project necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts, and irreversible significant effects beyond those identified by MEIR No. 10130 as provided by CEQA Guidelines Section 15177(b)(3). In addition, this, proposed project was part of Program Environmental Impact Report No. 10126 prepared for the Copper River Ranch Project which was certified by the City Council on June 3, 2003. FIR No. 10126 required mitigation measures which have been incorporated into this project. Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause additional significant impacts on the environment that were not previously examined by the MEIR and the Air Quality MND. Relative to this specific project proposal, the environmental impacts noted in the MEIR and the Air Quality MND, pursuant to the 2025 Fresno General Plan land use designations, include impacts associated with the medium low density residential planned land use designation specified for the subject property. Based on this Initial Study, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its, location, land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project is fully within the scope of the MEIR and Air Quality MND and Program EIR No. 10126 because it will not generate additional significant effects on the environment not previously examined and analyzed by the MEIR or Air Quality MND and Program EIR No. 10126 for the reasons set forth in the Initial Study; and (3) other than identified below, there are no new or additional mitigation measures or alternatives required. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted 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 and the Air Quality MND was adopted, has become available. Moreover, as lead agency for this project, the Development and Resource Management Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 and the Air Quality MND shall be applied to the project as conditions of approval as set forth in the attached Mitigation Monitoring Checklist (See "Master Environmental Impact Report (MEIR) No. Finding of Conformity Under MEIR No. 10130 and the Air Quality MND prepared for Vesting Tentative Tract Map No. 6045/UGM & Conditional Use Permit No. C-13-136 Environmental Assessment No. C-13-136/T-6045 January 17, 2014 Page 3 10130/SCH No. 2001071097 For the 2025 General Plan, Mitigation Monitoring Checklist). Public notice has been provided regarding staffs finding in the manner prescribed by rection 15177(d) of the CEQA Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). January 17, 2014 _ Will Tackett Date Supervising Ft"unner, City of Fresno Attachments: Notice of Intent to Adopt A Finding of Conforwity Modified Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study for Environmental Assessment No. C-13-136/T-6045 Master Environmental Impact Report (MEIR) No. 10130/SCH No. 200107109;' For the 2025 General Plan: Mitigation MEIR Mitigation Monitoring Checklist for Environmental Assessment No. C-13-136/T-6045 Master Environmental Impact Report (MEIR) Review Summary (Attachment: status of MEIR Analysis with Regard to Air Quality and Climate Change) CA0031810 CITY OF FRESNO Filed with: NOTICE OF INTENT TO ADOPT A FINDING OF CONFORMITY PROJECT TITLE AND ENVIRONMENTAL ASSESSMENT E201410000013 Vesting Tentative Tract Map No. T-6045/UGM and FRESNO COUNTY CLERK Conditional Use permit No. C-13-136 2221 Kern Street, Fresno, California 93721 APPLICANT: Copper River 74, Inc. c/o Darius Assemi 1396 West Herndon Avenue, #101 L n Fresno, CA 93711 V JAN 17 20 PROJECT LOCATION: East of the North Friant Road, north of East Copper B FRE C CLERK Avenue y - DEPLi7Y 360 54' 26.4708" N Latitude, 1191 44' 53.628"W Longitude (APN: 579-074-09) I PROJECT DESCRIPTION: Gary Giannetta, on behalf of Copper River 74, Inc., has filed Vesting Tentative Tract Map No. 6045/UGM and Conditional Use Permit No. C-13-136, pertaining to approximately 21.07 acres of property located between North Friant Road and East Copper Avenue, within the Copper River Ranch Master Planned Community. Vesting Tentative Tract Mao No. 6045/UGM proposes to subdivide the property into a 134 lot single-family residential subdivision. Conditional Use Permit No. C-13-136 proposes a gated development with private streets and modified property development standards for 49 of the proposed lots; the remaining 85 lots will be on public streets and will include modified property development standards. The application is consistent with the planned land uses of medium low density residential as designated by both the 2025 Fresno General Plan and the Woodward Park Community Plan, The City of Fresno has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is fully within the scope of the Master Environmental Impact Report No. 10130 (MSIR) prepared for the 2025 Fresno General Plan (SCH # 2001071097) and Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH # 2009051016) (Air Quality MND) and to the Program EIR No. 10126 (SCH # 2000021003) related to the Copper River Ranch Project. Therefore, the Development and Resource Management Department proposes to adopt a Finding of Conformity for this project. With the 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, Air Quality MND or the Program EIR No. 0126 related to the Copper River Ranch Project. After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information, which was not known and could not have been known at the time -00 Notice of Intent to File Finding of Conformity EA No.T-6045/C-13-136 January 17,2014 that the MEIR was certified as complete and the Air Quality MND was adopted, has become available. The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that Section. Additional information on the proposed project, including the MEIR, Air Quality MND, Program E R No. 10126, proposed environmental finding and the initial study may be obtained from the Development and Resource Management Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor F"esno, California 93721-3604. Please contact Israel Trejo at(559) 621-8044 for more information. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor's name and address; (2)the commentor's intere in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) thn specific reason(s) why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on February 18, 2014. Please direct comments to Israel Trejo, Planner, City of Fresno Development and Resource Management Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, 93721-3604; or by email to Israel.Treio@fresno.gov; or comments can be sent by facsimile to (559) 498-1026. INITIAL STUDY PREPARED BY: SUBMITTED BY Israel Trejo, Planner Will Tac e , Supervising Planner DATE: January 17, 2014 CITY 0 FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT E201410000013