HomeMy WebLinkAboutT-6135 - Conditions of Approval - 10/13/2016 City of REPORT TO THE PLANNING COMMISSION
�M� AGENDA ITEM NO.�I�
r,a
COMMISSION MEETING 9/21/16
September 21, 2016 APPROVED BY
D PA T ENT DIRECTOR
FROM: MIKE SANCHEZ, Assistant Directolm4
Development and Resource Managt Departmen
THROUGH: WILL TACKETT, Supervising Planner
Development Services Division
BY: ISRAEL TREJO, Planner
Development Services Division
SUBJECT:
Consideration of Vesting Tentative Tract Map No. 6135, Conditional Use Permit Application No.
C-16-037 and related Environmental Assessment No. T-6135/C-16-037, for property located
north of the intersection of East Copper and North Chestnut Avenues.
1. APPROVE the Finding of Conformity to the Fresno General Plan Master Environmental
Impact Report as prepared for Environmental Assessment No. T-6135/C-16-037 dated
August 5, 2016.
2. APPROVE Conditional Use Permit No. C-16-037 subject to compliance with the Conditions
of Approval dated September 7, 2016.
3. APPROVE Vesting Tentative Tract Map No. T-6135 subject to compliance with the
Conditions of Approval dated September 7, 2016.
CONTINUED HEARING FROM SEPTEMBER 7, 2016
This item was originally presented before the Planning Commission on September 7, 2016.
After the staff presentation and public comment period, the Planning Commission voted to
continue the item in order to allow staff to meet with a nearby property owner to discuss her
concerns. On September 13, 2016, staff discussed the project requirements, including the
Fresno Metropolitan Flood Control requirements, with the nearby property owner. After the
discussion, the nearby property owner stated that she was satisfied with the staff explanation
and that she does not oppose the project. Staff recommends approval of the project, as noted
above.
Attachment: Staff Report dated September 7, 2016
REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO.V1 11-C
COMMISSION MEETING 9/7/16
September 7, 2016 APPROVED BY
FROM: MIKE SANCHEZ, Assistant Director LEPA M DIRECTOR
Development and Resource Manag Department
THROUGH: WILL TACKETT, Supervising Plann
Development Services Division tr
BY: ISRAEL TREJO, Planner
Development Services Division
SUBJECT:
Consideration of Vesting Tentative Tract Map No. 6135, Conditional Use Permit Application No.
C-16-037 and related Environmental Assessment No. T-6135/C-16-037, for property located
north of the intersection of East Copper and North Chestnut Avenues.
1. APPROVE the Finding of Conformity to the Fresno General Plan Master Environmental
Impact Report as prepared for Environmental Assessment No. T-6135/C-16-037 dated
August 5, 2016.
2. APPROVE Conditional Use Permit No. C-16-037 subject to compliance with the Conditions
of Approval dated September 7, 2016.
3. APPROVE Vesting Tentative Tract Map No. T-6135 subject to compliance with the
Conditions of Approval dated September 7, 2016.
EXECUTIVE SUMMARY
Gary Giannetta, on behalf of Norman Kizirian, has filed Vesting Tentative Tract Map No. 6135
and Conditional Use Permit No. C-16-037, pertaining to approximately 7.55 acres of property
located north of the intersection of East Copper and North Chestnut Avenues. Vesting
Tentative Tract Map No. 6135 is a proposal to subdivide the subject property into a 13 lot single-
family residential subdivision. Conditional Use Permit No. C-16-037 proposes a gated
development with private streets and reduced yard setbacks. The subject property is located
within the Fresno General Plan and the Woodward Park Community Plan, both plans designate
the subject site for low density residential (1.00 to 3.50 dwelling units per acre) planned land
uses. Vesting Tentative Tract Map No. 6135 proposes a 13 lot single-family residential
subdivision on approximately 7.55 acres at a density of 1.72 dwelling units per acre. Thus, the
subject applications are consistent with the planned land use and zoning approved for the
project site and will implement the goals, objectives, and policies of the Woodward Park
Community Plan and the Fresno General Plan.
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 2
PROJECT INFORMATION
PROJECT A 13 lot, single-family residential subdivision to be developed
at a density of 1.72 dwelling units per acre. The project
proposes a gated development with private streets and
reduced yard setbacks
APPLICANT Gary Giannetta on behalf of Norman Kizirian
LOCATION Located north of the intersection of East Copper and North
Chestnut Avenues
(Council District 6, Councilmember Brand)
SITE SIZE Approximately 7.55 acres
LAND USE Existing - Rural residential
Proposed - Single-family residential
ZONING Existing - RS-3 (Single-Family Residential)
Proposed- No change
PLAN DESIGNATION The proposed 13 lot single-family residential subdivision is
AND CONSISTENCY consistent with the Fresno General Plan and Woodward Park
Community Plan designation of the site for low density
residential planned land uses
ENVIRONMENTAL Finding of Conformity to the Fresno General Plan Master
FINDING Environmental Impact Report (MEIR) SCH No. 2012111015,
dated August 5, 2016
PLAN COMMITTEE The Council District 6 Plan Implementation Committee
RECOMMENDATION recommended approval of the project on August 15, 2016, by
a vote of 4 to 0
STAFF Approve the vesting tentative tract map and conditional use
RECOMMENDATION permit applications subject to compliance with the Conditions
of Approval for T-6135 and for C-16-037 dated September 7,
2016
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 3
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing Land Use
North Open Space — Golf PR Golf Course
Course Parks and Recreation
East Open Space — Golf PR Golf Course
Course Parks and Recreation
South Medium Density RS-5
Vacant
Residential Single-Family Residential
West Low Density RS-3
Vacant
Residential Single-Family Residential
ENVIRONMENTAL FINDING
The Development and Resource Management Department staff has prepared an Initial Study
(See Attached "Appendix G To Analyze Subsequent Project Identified In MEIR No. SCH
No.2012111015/Initial Study") to evaluate the proposed application in accordance with the land
use and environmental policies and provisions of the lead agency City of Fresno General Plan
and the related Master Environmental Impact Report (MEIR) SCH No. 2012111015.
The subject property is proposed to be developed at an intensity and scale that is permitted by
the Low Density Residential (1.00 to 3.50 dwelling units per acre) planned land use designation
for the subject site. Thus, the subdivision of the subject property in accordance with the Vesting
Tentative Tract Map No. 6135 and Conditional Use Permit No. C-16-037 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 the MEIR 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 the MEIR as provided by CEQA
Guidelines 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 Fresno General Plan
land use designation, include impacts associated with the Low Density Residential planned land
use designation specified for the subject property. Based on the initial study prepared, the
following findings are made: (1) The proposed project was identified as a Subsequent Project in
the MEIR because its land use designation and permissible densities and intensities are allowed
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 4
as set forth in the Fresno General Plan; (2) The proposed project will not generate additional
significant effects not previously identified and analyzed by the MEIR 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.
Therefore, the project proposal has been determined to be within the scope of the MEIR as
defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of
Conformity to MEIR SCH No. 2012111015 dated August 5, 2016. 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, that no new information, which was not known and could not have been
known at the time that the MEIR was certified as complete, has become available.
BACKGROUND / ANALYSIS
Gary Giannetta, on behalf of Norman Kizirian, has filed Vesting Tentative Tract Map No. 6135
and Conditional Use Permit No. C-16-037, pertaining to approximately 7.55 acres of property
located north of the intersection of East Copper and North Chestnut Avenues. Vesting
Tentative Tract Map No. 6135 is a proposal to subdivide the subject property into a 13 lot single-
family residential subdivision. Conditional Use Permit No. C-16-037 proposes a gated
development with private streets and reduced yard setbacks. The subject property is located
within the Fresno General Plan and the Woodward Park Community Plan, both plans designate
the subject site for low density residential (1.00 to 3.50 dwelling units per acre) planned land
uses. Vesting Tentative Tract Map No. 6135 proposes a 13 lot single-family residential
subdivision on approximately 7.55 acres at a density of 1.72 dwelling units per acre. Thus, the
subject applications are consistent with the planned land use and zoning approved for the
project site and will implement the goals, objectives, and policies of the Woodward Park
Community Plan and the Fresno General Plan.
Conditional Use Permit Application (CUP)
In addition to submitting a vesting tentative tract map, the applicant has submitted Conditional
Use Permit Application No. C-16-037. Pursuant to Chapter 15, Article 59 of the FMC, a CUP is
required in order to create a planned development.
As part of the CUP, an applicant may request a modification of development standards.
Conditional Use Permit Application No. C-16-037 is a request to establish a gated private street
planned development, which proposes to establish modified property development standards,
including, reduced yard setback requirements.
Reduced Yard Setbacks
The standard front yard setback in the RS-3 (Single-Family Residential) zone district is 25'. The
applicant is proposing 20' for some of the lots.
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 5
The standard street side yard setback is 20'. The applicant is proposing 15'.
Streets and Access Points
The Public Works Department, Traffic 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 and kind
of traffic which may be potentially generated subject to the requirements stipulated within the
memoranda from the Traffic Engineering Division dated July 12, 2016. 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, and the Fresno Major Street Impact (FMSI) Fee.
The applicant is proposing to create a planned development to be served by private streets.
There will only be one general entrance and exit at the site (North Chestnut Avenue); the
access point at the western edge of the property is an Emergency Vehicle Access (EVA) point
which will be utilized by emergency services only.
Community Plan Citizen Committee
The Council District 6 Plan Implementation Committee recommended approval of the project on
August 15, 2016, by a vote of 4 to 0.
Public Services
Sewer
The wastewater treatment facility within the Copper River Ranch project will accommodate the
wastewater flow from this project. The Public Utilities Department has identified sewer
requirements for this project. These conditions are listed in the memoranda dated August 26,
2016.
Water
The nearest water main to serve the proposed project is an 8-inch main located in East Spey
Valley Drive and a 12-inch main located in North Chestnut Avenue at East Copper Avenue.
Water facilities are available to provide service to the site subject to the conditions listed in the
memoranda dated August 26, 2016.
FMFCD
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 July 14, 2016.
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 6
Notice of Planning Commission Hearing
The Development and Resource Management Department mailed notices of this Planning
Commission hearing to surrounding property owners within 1,000 feet of the subject property.
LAND USE PLANS AND POLICIES
As proposed, the project would be consistent with the Fresno General Plan goals and objectives
related to residential land use and the urban form:
Goal No. 7 of the Fresno General Plan encourages the City to provide for a diversity of districts,
neighborhoods, housing types (including affordable housing), residential densities, job
opportunities, recreation, open space, and educational venues that appeal to a broad range of
people throughout the City.
Goal No. 8 of the Fresno General Plan encourages the development of Complete
Neighborhoods and districts with an efficient and diverse mix of residential densities, building
types, and affordability which are designed to be healthy, attractive, and centered by schools,
parks, and public and commercial services to provide a sense of place and that provide as many
services as possible within walking distance.
These Goals contribute to the establishment of a comprehensive city-wide land use planning
strategy to meet economic development objectives, achieve efficient and equitable use of
resources and infrastructure, and create an attractive living environment in accordance with
Objective LU-1 of the Fresno General Plan.
Similarly, supporting Objective LU-2 of the General Plan calls for infill development that includes
a range of housing types, building forms, and land uses to meet the needs of both current and
future residents.
Likewise, Objective LU-5 of the General Plan calls for a diverse housing stock that will support
balanced urban growth, and make efficient use of resources and public facilities; and,
Implementing Policy LU-5-a promotes low density residential uses where there are established
neighborhoods with semi-rural or estate characteristics.
Therefore it is staff's opinion that the proposed project is consistent with respective general and
community plan objectives and policies and will not conflict with any applicable land use plan,
policy or regulation of the City of Fresno.
Planned Development Findings
Conditional Use Permit Application No. C-16-037 proposes the development of a 13 lot single
family residential planned development. The planned development proposes gated private
streets and reduced building setbacks. Based upon analysis of the conditional use permit
application and subject to the applicant's compliance with the Conditions of Approval dated
September 7, 2016, staff concludes that the following required findings of Section 15-5905 of
the Fresno Municipal Code can be made:
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 7
1. The proposed development is consistent with the General Plan, any applicable operative
plan, and adopted policies, including the density and intensity limitations that apply; and,
The proposed development is consistent with the General Plan designation of Low Density
Residential and the Woodward Park Community Plan.
2. The subject site is physically suitable for the type and intensity of the land use being
proposed, and,
The site is vastly surrounded by residential uses and is developed at an allowable density
under the Fresno General Plan.
3. Adequate transportation facilities, utilities, and public services exist or will be provided, in
accord with the conditions of PD approval, to serve the proposed development; and the
approval of the proposed development will not result in a reduction of public services so as
to be a detriment to public health, safety, or welfare; and,
The project will front onto a public street (North Chestnut Avenue). The project is not
proposed in size or scope which would result in a reduction of public services so as to be a
detriment to public health, safety, or welfare
4. The proposed development will not have a substantial adverse effect on surrounding land
uses and will be compatible with the existing and planned land use character of the
surrounding area; and,
The staff of the Development and Resource Management Department has determined that
the proposed use will not have a substantial adverse effect on surrounding land uses if
developed in accordance with the various conditions/requirements established through the
related tentative tract map application review and conditional use permit application review
process.
5. The proposed development is demonstratively superior to the development that could
occur under the standards applicable to the underlying base district, and will achieve
superior community design, environmental preservation, and/or substantial public benefit.
In making this determination, the following factors should be considered: (a)
Appropriateness of the use(s) at the proposed location, (b) The mix of uses, housing types,
and housing price levels, (c) Provision of infrastructure improvements, (d) Provision of
open space. For example, a greater amount of open space than would otherwise be
provided under the strict application of this code, (e) Connectivity to public trails, schools,
etc., (f) Compatibility of uses within the development area, (g) Creativity in design and use
of land, (g) Quality of design, and adequacy of light and air to the interior spaces of the
buildings, (h) Overall contribution to the enhancement of neighborhood character and to
the built and natural environment of Fresno in the long term.
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 8
The subject property is planned and zoned for residential uses. The subject application will
essentially provide an extension and a terminus to an existing planned development
located to the west of the project site. The subject property is oddly shaped and is
surrounded by a golf course to the north and east and a gated planned development to the
west, making the subject property somewhat difficult to develop. The project is similar to
existing developments in the area. The project will be required to construct appropriate
infrastructure.
Conditional Use Permit Application Findings
Conditional Use Permit Application No. C-16-037 proposes the development of a 13 lot single
family residential planned development. The planned development proposes gated private
streets and reduced building setbacks. Based upon analysis of the conditional use permit
application and subject to the applicant's compliance with the Conditions of Approval dated
September 7, 2016, staff concludes that the following required findings of Section 15-5306 of
the Fresno Municipal Code can be made:
1. The proposed use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Code and all other chapters of the Municipal Code; and,
Conditional Use Permit Application No. C-16-037 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 proposed use is consistent with the General Plan and any other applicable plan and
design guideline the City has adopted; and,
The proposed development is consistent with the General Plan designation of Low Density
Residential and the Woodward Park Community Plan.
3. The proposed use will not be substantially adverse to the public health, safety, or general
welfare of the community, nor be detrimental to surrounding properties or improvements,
and;
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 tentative tract map
application review and conditional use permit application review process.
4. The design, location, size, and operating characteristics of the proposed activity are
compatible with the existing and reasonably foreseeable future land uses in the vicinity, and;
The site is vastly surrounded by residential uses and is developed at an allowable density
under the Fresno General Plan.
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 9
5. The site is physically suitable for the type, density, and intensity of use being proposed,
including access, emergency access, utilities, and services required.
The site is vastly surrounded by residential uses and is developed at an allowable density
under the Fresno General Plan; and the project must comply with applicable codes,
including, landscaping, walls, etc., and conditions from other City Departments and outside
agencies.
Vesting Tentative Tract Map Findings pursuant to the FMC
Section 15-3309 of the FMC states that the Review Authority may approve or conditionally
approve a Tentative Map if it makes all of the following findings:
1. Consistency. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan, any applicable operative plan, adopted
policies or guidelines, and the Municipal Code.
The proposed development is consistent with the General Plan designation of Low Density
Residential and the Woodward Park Community Plan.
2. Passive and Natural Heating and Cooling. A subdivision for which a Tentative Map is
required shall provide pursuant to the Map Act (Section 66473.1), to the extent feasible, for
future passive or natural heating or cooling opportunities in the subdivision.
As proposed, the proposed subdivision will provide for future passive or natural heating or
cooling opportunities.
3. Availability of Water. Water will be available and sufficient to serve a proposed subdivision
with more than 500 dwelling units in accordance with the Map Act (Section 66473.7).
Water facilities are available to provide service to the site subject to the conditions listed in
the memoranda dated August 26, 2016. Additionally, the application is proposing 13 lots.
4. Infrastructure Capacity. There exists sufficient infrastructure capacity for water, runoff, storm
water, wastewater, and solid waste systems to serve the proposed subdivision. In cases
where existing infrastructure is found to be deficient, plans shall show how sufficient capacity
will be provided.
The project was routed to the appropriate agencies and it was determined that there is
sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste
systems to serve the proposed subdivision.
5. Compliance with Floodplain Regulations. The proposed subdivision is compliant with the City
of Fresno Floodplain Management Ordinance and the State of California Code of
Regulations Title 23, as well as any other applicable State or federal law.
The project is not located within a flood prone area.
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 10
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 General Plan and the Woodward Park Community Plan, because the plans
designate the site for low density residential planned land uses and the project design
meets the density and zoning ordinance criteria for development pursuant to Section
66474.2 of the Subdivision Map Act.
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.
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 Fresno General
Plan and Woodward Park Community Plan, complies with applicable zoning and subdivision
requirements. Based upon the plans and information submitted by the applicant and the
recommended conditions of project approval, staff has determined that these findings can be
made.
REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Application No. C-16-037
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 11
Planning Commission action of the proposed Vesting Tentative Tract Map and Conditional Use
Permit, unless appealed to the Council, is final.
CONCLUSION / RECOMMENDATION
The appropriateness of the proposed project has been examined with respect to its consistency
with goals and policies of the 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. 6135 and
Conditional Use Permit No. C-16-037 are appropriate for the project site.
Attachments: 2015 Aerial Photograph of Site
Exhibit A - Vesting Tentative Tract Map No. 6135 dated June 1, 2016
Exhibit A-1 - Site plan dated June 1, 2016
Conditions of Approval for T-6135 dated September 7, 2016
Conditions of Approval for CUP Application No. C-16-037 dated
September 7, 2016
Comments and Requirements from Responsible Agencies
Environmental Assessment No. T-6135/C-16-037, Finding of Conformity to
the Fresno General Plan MEIR dated August 5, 2016
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CITY OF FRESNO
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
CONDITIONS OF APPROVAL
SEPTEMBER 7,2016
VESTING TENTATIVE TRACT MAP NO. 6135
"A PLANNED DEVELOPMENT"
Located North of the Intersection of East Copper and North Chestnut Avenues
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 90 days after the date of the imposition of the fees, dedications, reservations or
exactions imposed on the development project.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
The subdivider of property located within the UGM boundaries shall comply with all sewer, water
and street requirements and pay all applicable UGM fees imposed under the Urban Growth
Management process (with appropriate credit given for the installation of required UGM
improvements) in accordance with the requirements of State Law as related to tentative tract
maps.
GENERAL CONDITIONS
1. Upon conditional approval of Vesting Tentative Tract Map No. 6135, a Planned
Development dated June 1, 2016, the subdivider may prepare a Final Map in
accordance with the approved vesting tentative map and Conditional Use Permit No.
C-16-037 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. 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 Development and
Resource Management Departments for grading, public sanitary sewer system, public
water system, street lighting system, public streets, and storm drainage, including other
technical reports and engineered plans as necessary to construct the required public
improvements and work and applicable processing fees.
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 2
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 conditions, policies and standards set forth in the City of Fresno,
Municipal Code, Chapter 15, "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, but not limited to, plan checks for
street improvements and other grading and construction; street trees, street signs, water
and sewer service, and inspections in accordance with the City of Fresno Master Fee
Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments,
modifications, or additions thereto; and in accordance with the requirements of State law
as related to vesting tentative maps.
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 the
Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall
complete all the public improvements prior to the approval of the Final Map by the City.
If, at the time of Final Map approval, any public improvements have not been completed
and accepted in accordance with the standards of the City, the subdivider may elect to
enter into an agreement with the City to thereafter guarantee the completion of the
improvements.
9. As a condition of Final Map approval, the subdivider shall furnish to the City a
subdivision guarantee listing all parties having any right, title or interest and the nature of
their interest per State law.
10. Vesting Tentative Tract Map No. 6135 is subject to approval of related Conditional Use
Permit No. C-16-037.
11. Conditional Use Permit Application No. C-16-037, filed to establish a 13-lot planned
development shall be approved prior to final map approval.
12. An Official Address change will be required for the existing residence on the subject
property at the time of construction of the private streets since the residence will no
longer front onto North Chestnut Avenue. The current fee for an address change is
$208.
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 3
GENERAL INFORMATION
13. 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 full landscaped area up to the wall location.
14. The long term maintenance of all the items listed below is the ultimate responsibility of
the owner/developer.
a) The property owner shall 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.
15. 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.
16. 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.
17. 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 Development and Resource Management Department for review two
weeks prior to Final Map approval. Said documents shall be recorded with the Final
Map or alternatively submit recorded documents or documents for recording prior to final
acceptance of subdivision improvements. Said documents shall include assignment of
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 4
responsibility to the homeowners association for landscaping and other provisions as
stated in the Development and Resource Management Department Guidelines for
preparation of CC&Rs dated January 11, 1985.
Emergency Vehicle Access�FVA)
18. The developer shall obtain a City of Fresno covenant to allow for emergency vehicle
access (second point of access) to serve the subject property. The EVA (emergency
vehicle access) covenant must include all those privately owned parcels on which an
emergency vehicle must traverse to access the subject property, starting from North
Knotting Hill Drive, through Tract Nos. 5273 and 5903.
Walls/Fences/Landscaping
19. Only one gate (the main entry vehicle gate) is allowed within the private street and EVA
portion on the subject property. However, the developer may place an additional
approved gate, swing barricade, or removable bollards within the EVA as allowed per
the Fire Department memo dated July 7, 2016. Any change to the gate requirement
shall be approved by the Fire Department and Development and Resource Management
Department.
Proposed Lot 11 shall not place a fence within or otherwise block the EVA.
20. Provide a corner cut-off area at all street intersections in accordance with the
requirements 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
21. Lot dimensions shall match those depicted on "Exhibit A," dated June 1, 2016, for
Vesting Tentative Tract Map No. 6135, excepting changes as required per the conditions
of approval.
Lot Coverage
22. The maximum lot coverage allowed is 35%. Additionally, lot coverage shall comply with
the requirements of the Fresno Metropolitan Control District.
Building Setbacks
23. Minimum building setbacks shall be in accordance with exhibit "A-1" (site plan) for C-16-
037 dated June 1, 2016.
The standard front yard setback in the RS-3 (Single-Family Residential) zone district is
25'. The application proposes 20' for some of the lots.
The standard street side yard setback is 20'. The application proposes 15'.
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 5
INFORMATION
24. 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.
25. Contact the United States Postal Service for the location and type of mailboxes to be
installed in this subdivision.
a) It is recommended that at least 6 months prior to the first occupancy, the Developer
shall contact the local United States Postal Service representative to complete a
Mode of Delivery Agreement for New Construction. The Mode of Delivery
Agreement must have a District approval signature to be valid. In addition to
completing the Agreement, the Developer shall provide a final map (with address
details) to the local USPS representative. The Developer shall, at their own
expense, procure, construct and install all mail receptacle facilities for each location
as specified and approved by the USPS.
26. 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, Subdivision of Real Property.
27. The developer/owner shall obtain any and all permits required for the removal or
demolition of any existing building or structure located within the subdivision boundaries.
The developer/owner shall also obtain any and all permits required for the proper
abandonment/closure of any existing water well, septic tank/leach field or cesspool, and
irrigation pipeline on the subject property. All such permits shall be obtained prior to
commencement of tract grading work, in accordance with Chapter 13 of the Fresno
Municipal Code.
28. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately.
29. 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.
30. If animal fossils are uncovered, the Museum of Paleontology at the University of
California, Berkeley shall be contacted to obtain a referral list of recognized
paleontologists. An assessment shall be conducted by a paleontologist; if the
paleontologist determines the material to be significant, a recommendation shall be
made to the City as to any further site investigation or preservation measures.
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 6
31. Apportionment of Special Assessment: If, as part of this subdivision, a division will be
made of any lot or parcel of land upon which there is an unpaid special assessment
levied under any State or local law, including a division into condominium interest as
defined in Section 783 of the Civil Code, the developer/owner shall file a written
application with the City of Fresno Director of Public Works, requesting apportionment of
the unpaid portion of the assessment or pay off such assessment in full.
If the subdivider elects to apportion the assessment, the application shall contain the
following information:
a) A full description of each assessed lot, parcel or interest to be divided and of how
such lot, parcel or interest will be divided;
b) A request that the Engineer apportion the amount remaining unpaid on the
assessment in accordance with applicable law; and
c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested
apportionment.
d) The application shall be filed prior to the approval of the Final Map(s) by the City and
shall be accompanied by a fee in an amount specified in the Master Fee Resolution
for each separate lot, parcel, or interest into which the original assessed lot, parcel or
interest is to be divided. The fee shall be in an amount sufficient to pay all costs of
the City and the Engineer of Work responsible for determining the initial assessment
in making the requested apportionment.
32. The subdivider shall comply with Regulation VIII of the San Joaquin Valley Air Pollution
Control District for the control of particulate matter and fugitive dust during construction
of this project.
33. 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-noted conditions).
PARK SERVICE
34. Comply with the memorandum from the Public Works Department, Street Maintenance
Division, dated July 14, 2016.
COMMUNITY FACILITIES DISTRICT
35. Comply with the memorandum from the Public Works Department dated July 12, 2016.
FIRE SERVICE
36. Comply with the memorandum from the Fire Department dated July 7, 2016.
SOLID WASTE SERVICE
37. Comply with the memorandum from the Solid Waste Division dated July 11, 2016.
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 7
STREETS AND RIGHTS-OF-WAY
38. The subdivider shall furnish to the City acceptable security to guarantee the construction
of the off-site street improvements in accordance with all applicable provisions of the
FMC and the State Subdivision Map Act.
39. 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.
40. All of the required street improvements shall be constructed and/or installed in
accordance with the City of Fresno Standard Specifications. 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
41. 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.
42. The subdivider shall construct an underground street lighting system per Public Works
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 modification
thereto approved by the City Traffic Engineer prior to Final Map approval. Upon
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.
43. 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.
44. 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.
45. Comply with the memorandum from the Public Works Department, Traffic and
Engineering Division, for the tract map and conditional use permit dated July 12, 2016.
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 8
SANITARY SEWER SERVICE
46. Comply with the memorandum from the Public Utilities Department dated August 26,
2016.
WATER SERVICE
47. Comply with the memorandum from the Department of Public Utilities, Water Division
dated August 26, 2016.
URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL)
48. 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 installation
of required UGM improvements) in accordance with the requirements of State Law as
related to tentative tract maps.
49. 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
50. The developer will be responsible for the acquisition of any necessary right-of-way to
construct any of the required improvements.
51. 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.
52. 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.
53. 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.
54. 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 costs
necessary to effect the acquisition of such easements or rights-of-way.
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 9
FLOOD CONTROL AND DRAINAGE
55. Comply with the memoranda from the Fresno Metropolitan Flood Control District both
dated July 14, 2016.
56. 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
57. Submit a list of street names, to Jon Bartel in the Public Works Department, for review
and approval.
CLOVIS UNIFIED SCHOOL DISTRICT
58. Contact the Clovis Unified School District for their requirements.
DEVELOPMENT FEES AND CHARGES
59. This project is subject to the following fees and charges:
SEWER CONNECTION CHARGES FEE RATE
a. Lateral Sewer Charge[1] $0.10/sq. ft. (to 100' depth)
b. Oversize Charge[1] $0.05/sq. ft. (to 100' depth)
c. Trunk Sewer Charge[2] $496/living unit
Service Area: Herndon
d. Wastewater Facilities Charge[3] $2,119/living unit
e. Copper Avenue Sewer Lift Station Charge [4] $650/living unit
f. Copper River Ranch Sewer Backbone System [4] $877/living unit
g. House Branch Sewer Charge [2] N/A
WATER CONNECTION CHARGES FEE RATE
h. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by owner;
fee for service(s) and Meter(s)
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 10
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] $456/living unit
Service Area: 101s
I. Well Head Treatment Fee [2] $0/living unit
Service Area: 101
m. Recharge Fee [2] $0/living unit
Service Area: 101
n. 1994 Bond Debt Service [1] $895/living unit
Service Area: 101
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. Quimby Parkland Dedication Fee [2] $1120/living unit
r. Citywide Regional Street Fee [3] $8,361/adj. acre
s. New Growth Area Major Street Fee [3] $18,790/adj. acre
t. Police Facilities Impact Fee — Citywide [4] $624/living unit
u. Traffic Signal Charge [1] $450.94/living unit
v. Street Acquisition/Construction Charge [2] N/A
COPPER RIVER RANCH IMPACT FEES FEE RATE
w CRR Clovis Mitigation Fee [2] $38.99/ADT [5]
x. CRR Friant Widening Mitigation Fee [2] $9.76/ADT [5]
Conditions of Approval
Vesting Tentative Tract Map No. 6135
September 7, 2016
Page 11
On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008—023 requiring the payment
of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact
the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation.
Confirmation by the County of Fresno is required before the City of Fresno can issue building permits.
The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution
No. 2009—01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution
is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation.
Confirmation by the FCOG is required before the City of Fresno can issue building permits.
[1] Deferrable through Fee Deferral Covenant.
[2] Due at Final Map.
[3] Due at Building Permit.
[4] Due at Certificate of Occupancy.
[5] Determined by Public Works.
CITY OF FRESNO
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
CONDITIONS OF APPROVAL
SEPTEMBER 7, 2016
CONDITIONAL USE PERMIT APPLICATION NO. C-16-037
"A PLANNED DEVELOPMENT"
Located North of the Intersection of East Copper and North Chestnut Avenues
PART A - PROJECT INFORMATION
1. Assessor's 579-074-34 & -81
Parcel No(s):
2. Street Location: North of the intersection of East Copper and North Chestnut
Avenues
3. Planned Land Use: Low Density Residential
4. Plan Areas: Fresno General Plan and Woodward Park Community Plan
5, Project Description: Conditional Use Permit Application C-16-037 proposes a gated
development with private streets for Tentative Tract Map No.
6135
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code§66020(d)(1),the imposition of
fees, dedications, reservations or exactions for this project are subject to protest by
the project applicant at the time of approval or conditional approval of the development
or within 90 days after the date of the imposition of the fees, dedications, reservations
or exactions imposed on the development project.
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 September 7, 2016, approved the special permit
application subject to the enclosed list of conditions and Exhibit A-1 dated June 1, 2016, for
Conditional Use Permit Application No. C-16-037.
Conditions of Approval
Conditional Use Permit Application No. C-16-037
September 7, 2016
Page 2 of 6
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project may be subject to a variety of discretionary conditions of
approval. These include conditions based on adopted City plans and policies, those
determined through site plan review and environmental assessment essential to mitigate
adverse effects on the environment including the health, safety, and welfare of the
community, and recommended conditions for development that are not essential to health,
safety, and welfare, but would on the whole enhance the project and its relationship to the
neighborhood and environment.
Discretionary conditions of approval may be appealed. All code requirements, however, are
mandatory and may only be modified by variance, provided the findings pursuant to the
Fresno Municipal Code 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.
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
Conditions of Approval
Conditional Use Permit Application No. C-16-037
September 7, 2016
Page 3 of 6
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 June 1, 2016)
to the final site plan. CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS
DOCUMENTAND THOSE LISTED IN THE CORRECTION LIST PROVIDED BYTHE PLAN
CHECK PROCESS.
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.
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 may
be directed to Louise Gilio at (559) 621-8678/ Louise.Gilio@fresno.gov of the City of Fresno
Public Works Department, Engineering Division, Traffic Section.
Conditions of Approval
Conditional Use Permit Application No. C-16-037
September 7, 2016
Page 4 of 6
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
rior 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
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)621-5500.
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 by
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
Conditions of Approval
Conditional Use Permit Application No. C-16-037
September 7, 2016
Page 5 of 6
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.
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) Fresno General Plan
ii) Woodward Park Community Plan
iii) Planned Development
2) BUILDING HEIGHT
a) The height of the proposed structures shall meet the requirements of the RS-3 section
of the FMC.
3) LOT COVERAGE
a) The maximum lot coverage allowed is 35%.Additionally, lot coverage shall comply with
the requirements of the Fresno Metropolitan Control District
4) BUILDING SETBACKS, OPEN SPACES AND LANDSCAPING
a) Minimum building setbacks shall be in accordance with Exhibit A-1 (site plan)for C-16-
037 dated June 1, 2016.
The standard front yard setback in the RS-3 (Single-Family Residential)zone district is
25'. The application proposes 20' for some of the lots.
The standard street side yard setback is 20'. The application proposes 15'.
5) FENCES, HEDGES, WALLS
a) Only one gate (the main entry vehicle gate) is allowed within the private street and
EVA portion on the subject property. However, the developer may place an additional
approved gate, swing barricade, or removable bollards within the EVA as allowed per
Conditions of Approval
Conditional Use Permit Application No. C-16-037
September 7, 2016
Page 6 of 6
the Fire Department memo dated July 7, 2016. Any change to the gate requirement
shall be approved by the Fire Department and Development and Resource
Management Department.
Proposed Lot 11 shall not locate a fence within or otherwise block the EVA.
b) Provide a corner cut-off area at all street intersections in accordance with the
requirements 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 measure from curb
line.
PART E - CITY AND OTHER SERVICES
a) Comply with the Conditions of Approval dated September 7, 2016 for Vesting
Tentative Tract Map No. 6135.
DEPARTMENT OF PUBLIC WORKS
TO: Israel Trejo, Planner III
DARM, Planning Division
FROM: Hilary Kimber, Parks Supervisor II (559.621.1345)
Public Works, Street Maintenance Division
DATE: July 14, 2016
SUBJECT: Tract 6135; (APN: 579-074-34, 81) located north of the intersection of East
Copper and North Chestnut Avenues. The Department of Public Works offers the following
comments regarding the requirements for landscaping and irrigation in the street right-of-ways,
landscape easements, outlots and median islands:
GENERAL REQUIREMENTS
STREET TREE REQUIREMENTS
1. The subdivider is required to provide street trees on all public street frontages per Fresno
Municipal Code and for the dedication of planting and buffer landscaping easements as
determined by the Planning Department. Street trees shall be planted at the minimum
rate of one tree for each 60' of street frontage or one tree per home (whichever is greater)
by the Developer. The subdivider is required to provide irrigation for all street trees. The
irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards
and AB 1881.
2. Street Tree Planting by Developer: For those lots having internal street tree frontage
available for street tree planting, the developer shall plant one tree for each 60' of street
frontage, or one tree per lot having street frontage, whichever is greater. Tree planting
shall be within a 10' Public Planting and Utility Easement.
a. Street tree inspection fees shall be collected for each 60' of public street frontage or
one tree per lot whichever is greater.
b. Street trees shall be planted in accordance with the City of Fresno, Department of
Public Works "Standard Specifications."
c. Landscape plans for all public use areas, such as parkways, buffers, medians and
trails, shall be reviewed and approved by the Department of Public Works, Engineering
Services. A street tree planting permit shall be required for all residential street tree
planting.
d. Performance and payment securities, paid with final map, will be released when all
landscaping installed on public and/or city controlled property is in conformance with the
Specifications of the City of Fresno.
e. Upon acceptance of the required work, warranty security shall be furnished to or
retained by the city for guaranty and warranty of the work for a period of ninety days
following acceptance.
BUFFER LANDSCAPING & MAINTENANCE REQUIREMENTS
1. The subdivider shall provide long term maintenance for all proposed landscaped
areas by either petitioning for annexation in the Community Facilities District or by forming
a Home Owner's Association.
2. Maintenance Service Through Annexation into the Community Facilities District.
Landscape and Irrigation plans are required and shall be submitted to the Department of
Public Works for review and approval prior to a Council approval of the final map. Plans
shall be numbered to conform to and be included in the Department of Public Works street
construction plan set for the final map. Fees are applicable when the subdivider elects to
have landscaping maintained by annexing into the City's Community Facilities District.
A. Landscaping shall comply with Landscape Buffer Development Standards approved
by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with
Sections 12-306-23 & 24 and 14-121 of the Fresno Municipal Code regarding Water
Efficient Landscaping and Buffer landscaping.
B. Should the proposed landscape buffers and/or parkway strips be located next to an
existing buffer and/or parkway strip, the planting concept shall simulate the adjacent
landscape design to present a more uniform appearance on the street. Variances in the
landscape concept will be acceptable, but the design of the new landscape buffer and/or
parkway strip shall strive to mimic the existing as much as possible.
C. Landscape plans shall indicate grades on a cross-section detail to include fencing or
wall details. All fencing shall be placed outside the landscape easement. Maximum
slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of
the side walk and/or face of fence. Erosion control measures shall be implemented on all
slopes of 4:1, including the use of synthetic erosion control netting in combination with
ground cover species approved by the Department of Public Works/Engineering Services
Division.
D. The water meter(s) serving the buffer landscaping shall be sized for the anticipated
service flows.
E. No private flags, signs or identification of any kind shall be permitted in the right-of-way,
within the City - controlled easement or on the fence or wall facing the street.
F. Landscaping in the right-of-way and landscape setback adjacent to water well sites
shall be the responsibility of the City of Fresno Water Division and may not be included in
the CFD.
MEDIAN ISLAND LANDSCAPE REQUIREMENTS
1. When median islands front onto the proposed development project, applicants shall submit
Plans to the Public Works/Engineering Services showing the location and configuration of
all median islands fronting the proposed project.
2. The Public Works Department will review and evaluate existing median island(s) for a
determination of all required improvements prior to approval of Final Map.
3. Landscape and irrigation is required on all new construction of median islands and shall be
applied in accordance with the City of Fresno, Public Works Department Standards &
Specifications and FMC sections 12-306-24 and 12-306-23 and AB 1881. The Public
Works Department requires all proposed median islands to be constructed with a one foot
wide colored concrete strips, flush along curb edge, in a 12 inch by 12 inch brick red slate
pattern.
4. Trees shall not be planted in sections which are less than eight (8) feet wide unless
approved by the Public Works Department. Sections less than eight (8) feet shall be
capped with concrete as an integral part of the off site improvements, whether the median
is landscaped or not.
OUTLOTS
1. The Department of Public Works will not be responsible for the maintenance of any outlots
if they are not included into the Community Facilities District(CFD). If the outlots are to be
included into the CFD, the Department of Public Works will require approved landscape
and irrigation plans to be submitted with landscape buffer plans prior to inclusion into the
CFD.
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: July 12, 2016
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: PUBLIC WORKS CONDITIONS OF APPROVAL FOR VESTING TENTATIVE
TRACT MAP NO. 6135 REGARDING MAINTENANCE REQUIREMENTS
LOCATION: 11251 North Chestnut Avenue
APN: 579-074-34, 81
The Public Works Department, Traffic and Engineering Services Division, has completed its
review and the following requirements are to be placed on this tentative map as a condition of
approval. These requirements are based on City of Fresno code, policy, standards and the
public improvements depicted on the exhibits submitted for this development.
The long term maintenance and operating costs, including repair and replacement, of certain
required public improvements ("Services") associated with all new Single-Family developments
are the ultimate responsibility of the Developer.
*This map is located within the existing Community Facilities District No. 15 boundaries
and shall pay their fair share for the cost of maintenance with all other final maps and
developments.
A letter of acknowledgment shall be required with the final map submittal.
For questions regarding these conditions please contact me at (559) 621-8690 or
ann.lillie(a-fresno.gov
Page 1 of 1
REV:July 12,2016
TT 6135.DOCX
City of
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FIRE DEPARTMENT
DATE: JULY 7, 2016
TO: ISRAEL TREJO, PLANNER III
Development and Resource Management Department
FROM: BYRON BEAGLES, Fire Prevention Engineer
Fire Department, Fire Prevention and Technical Services Division
SUBJECT: VESTING TENTATIVE TRACT MAP NO. 6135/CUP C-16-037
REVISIONS FROM SUBDIVISION REVIEW COMMITTEE MEETING 7-7-16
This is a 13 lot, single family home, private gated sub-division-
The Fire Department's conditions of approval include the following:
The proposed tract is within 2.4 miles of permanent Fire Station 17 located at N. Maple
and E. International Aves.
Chestnut Ave will be an over length public street cul-de-sac (approximately 1300 feet).
This condition has been accepted by both Public Works and FFD with the mitigation of an
EVA through adjacent Tracts 5273 and 5903.
Install two public hydrants on the proposed 8" public water main at the following locations:
1. At the end of N. Chestnut on the east side of the cul-de-sac
2. On the south side of the east/west private drive across from the entrance to
the cul-de-sac serving lots 5-8 & 13.
The fire hydrant system shall be in service before delivery of lumber on site unless
otherwise approved with a temporary water supply for model home construction only.
All construction work on this project is subject to interruption if the road system becomes
impassable for fire apparatus. Access roadways during construction shall be paved or
provided with an all-weather driving surface approved by the Fire Department. Two points
of access must be maintained during all phases of construction.
The entrance gates are dimensioned at the minimum required width of 16'; however the
entrance gate detail shows gate components impinging into the required minimum width.
Modify detail to clearly indicate a 16' clear width from face of curb to height of gate and
fence abutments.
Provide X-1 and Click-2-Enter emergency services electric gate access hardware on the
Chestnut entrance gate.
Regarding the EVA connection between the cul-de-sacs for T-6135 and T-5903:
■ Provide a P-67 approach on both sides of the EVA. A wedged curb is not
designed to support the weight of fire apparatus.
e The EVA will require an approved gate, swing barricade, or removable
bollards equipped with X-1 locking hardware to discourage use by private
vehicles.
• Provide a sign on each side of the gate, barricade, or bollards:
"FIRE LANE"
(six inch letters)
"VEHICLES REMOVED AT OWNER'S EXPENSE"
(two inch letters)
"FRESNO POLICE DEPARTMENT @ 559-621-7000"
(one inch letters)
In order to comply with the California Vehicle Code (CVC) requirements allowing towing by
homeowners associations from private property, a warning sign shall be installed at the
Chestnut Ave. entrance driveway in accordance with CVC 22658.
City of
DEPARTMENT OF PUBLIC UTILITIES
Date: July 11, 2016
To: ISRAEL TREJO, Planner III
Development and Resource Management Department
From: MIKEAL CHICO, Management Analyst Il
Solid Waste Management Division I/
Subject: Vesting Tentative Map of Tract No. 6135 and Conditional Use Permit Application
No.C-16-037 was filed by Gary Giannetta on behalf of Norman Kizirian and pertain to
approximately 7.55 acres of property located north of the intersection of East Copper
and North Chestnut Avenues, 11251 North Chestnut&APN: 579-074-34, 81. Vesting
Tentative Map of Tract No. 6135 is a request to subdivide the subject property into a
13-lot single family residential planned unit development with gated private streets.
Conditional Use Permit Application No. C-16-037 proposes modified property
development standards including increased lot coverage and private streets.
Does Proiect Affect Your Agency/Jurisdiction
Yes -Project is currently serviced by Solid Waste Division.
Prior to occupancy, property owners will be required to contact the city of Fresno Utilities
Billing Collections at 621-6888 to start the three container refuse system to remove trash,
recycling and green waste material from the property once per week.
Suj!eestions to l-teduce Impacts/Address Concerns
Provide 44' (centerline)turning radius.
Gated entrances require 16' of clearance.
Recommended Conditions of Approval
None.
Additional Information
None.
City of
DATE: July 12, 2016
TO: Israel Trejo
Development and Resource Management Department
THROUGH: Jill Gormley, TE, Traffic and Engineering Manager, 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 6135 11251 North Chestnut ( C-16-037)
Norman and Pamela Kizirian / Gary Giannetta
The Public Works Department, Traffic and Engineering Services Division, has completed its review and
the following requirements are to be placed on this tentative map as a condition of approval by the Public
Works Department.
General Conditions:
1. All streets and pedestrian ways shall connect to other streets and pedestrian ways to form a
continuous vehicular and pedestrian network with connections within the subdivision and to
adjacent development. Pedestrian paths of travel must meet current accessibility regulations.
Identify ramps within the proposed subdivision wherever sidewalks are provided.
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. Identify and provide cross sections on the map, No parking is allowed adjacent to the
circles.
4. 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.
5. Plan Submittal: Submit the following plans, as applicable, in a single package, to the Public
Works Department for review and approval: Street: construction, signing, striping, traffic signal
and streetlight.
6. The construction of any overhead, surface or sub-surface structures and appurtenances in the
public right of way is prohibited unless an encroachment covenant is approved by the City of
Fresno Public Works Department, Traffic and Engineering Services Division, (559) 621-8681.
Encroachment permits must be approved prior to issuance of building permits.
7. Street widening and transitions shall also include utility relocations and necessary dedications.
Frontage Improvement Requirements:
Page 1 of 3
T:\Traffic Planning\_CONDITIONS OF APPROVAL\TRACT MAPS\6100\T-6135 CHESTNUT 11251 N\T-6135 CHESTNUT 11251 N.doc
Public Streets:
Chestnut Avenue: 56' Local mid-block
1. Dedication Requirements
a. Dedications are required within and outside of the subdivision for the cul-de-sac,
street-type approach and for Chestnut to Copper.
b. Dedicate 28' - 42' of property on the west side and 28' - 35' of property on the east side, for
public street purposes, within the limits of this subdivision and continue south to Copper
Avenue per approved street plans and Public Works Standard P-56. The cul-de-sac shall be
dedicated to Public Works Standard P-18.
2. Construction Requirements:
a. Construct 36'- 80' (includes cul-de-sac) of permanent paving per Public Works Standard P-50,
(from the cul-de-sac to Copper) and transition paving as necessary.
b. Construct concrete sidewalk (within the limits of this map) and curb, gutter (from the Cul-de-
sac to Copper) to Public Works Standard P-5 and P-18. The curb shall be constructed to a
10' residential pattern. 5 '/x' from face of curb to sidewalk- 4' sidewalk-1/2' from back of
walk to right of way. Planting of street trees shall conform to the minimum spacing guidelines
as stated in the Standard Specification, Section 26-2.11(C).
c. Construct an underground street lighting system to Public Works Standard E-2 at the end of
the cul-de-sac. Spacing and design shall conform to Public Works Standard E-9 for Locals.
Submit engineered plans.
d. Plan approval of a street type approach (P-76 / P-77) is a tentative approval until such time
that a qualified Civil Engineer prepares street plans that provide the sufficient cross drainage
approved by the City Engineer in accordance with Public Works Standard P-10. If grades are
not sufficient, construct to Public Works Standards P-2 and P-6.
e. Remove the temporary turn around that was provided with T-6087.
Interior Streets: Private
1. Construct paving to the minimum requirements of Public Works Standard P-21.
2. Construct an emergency access per Public Works Standard P-67 adjacent to Lot 11.
3. Gated entry: Provide 11' minimum from curb to curb at the keypad. Provide sufficient turn around
on-site. The proposed layout was reviewed in auto-turn. The layout appears to be too tight.
Resubmit a wider design for further review. Attached are examples to consider.
Specific Mitigation Requirements: Based on a 13-lot single family residential map, this tract will
generate 124 average daily trips-
1.
rips.1. The first order of work shall include a minimum of two points of vehicular access to the major
streets for any phase of this development.
2. Entry Gate: Provide a minimum of 50' from the proposed gate to the back of walk, for vehicle
stacking at both entrances and redesign to provide for an onsite turn around. Submit the redesign
to Louise Gilio at least one week prior to the Planning Commission Hearing for review and
approval.
3. Chestnut Avenue: Local street lengths exceeding 800' require traffic calming measures at the
discretion of the City Traffic Engineer.
Page 2 of 3
TATraffic Planning\_CONDITIONS OF APPROVAL\TRACT MAPS\6100\T-6135 CHESTNUT 11251 N\T-6135 CHESTNUT 11251 N doc
Traffic Signal Mitigation Impact (TSMI) Fee: This project shall pay the current Traffic Signal Mitigation
Impact Fee (TSMI Fee) at the time of building permit based on the trip generation rate(s) as set forth in
the latest edition of the ITE Generation Manual for single family units (fee rate as shown in the Master
Fee Schedule).
Fresno Manor Street Impact(FMSI) Fee : This Map is in the New Growth Area; therefore pay all
applicable growth area fees and City-wide regional street impact fees.
Reqional Transportation Mitigation Fee (RTMF): Pay all applicable RTMF fees to the Joint Powers
Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext. 200;
www.fresnocog.org. Provide proof of payment or exemption prior to certificate of occupancy.
Friant Widening Mitigation Fee: Applicant shall pay fair share contribution.
Clovis Mitigation Fee: Applicant shall pay fair share contribution.
Copper River Ranch Associated Major Roadway Infrastructure_Fee: Applicant shall pay fair share
contribution.
Page 3 of 3
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DEPARTMENT OF PUBLIC UTILITIES a 4PNUADMINISTRATION DIVISIONMEMORANDUMWAS,
Providing Life's Essential Services
Date: August 26, 2016
To: ISRAEL TREJO, Planner III
Planning and Development
From: KEVIN GRAY, Supervising Engineering Technician
Department of Public Utilities, Planning and Engineering Division
Subject: REVISE SEWER REQUIREMENTS FOR VESTING TENTATIVE T �AP
6135/UGM AND CONDITIONAL USE PERMIT C-16-037
General
Vesting Tentative Map of Tract No. 6135 and Conditional Use Permit Application No.0-16-037
was filed by Gary Giannetta on behalf of Norman Kizirian and pertain to approximately 7.55
acres of property located north of the intersection of East Copper and North Chestnut Avenues,
11251 North Chestnut &APN: 579-074-34, 81. Vesting Tentative Map of Tract No. 6135 is a
request to subdivide the subject property into a 13-lot single family residential planned unit
development with gated private streets. Conditional Use Permit Application No. C-16-037
proposes modified property development standards including increased lot coverage and
private streets.
Sanitary Sewer Service
The North Fresno Water Reclamation Facility (NFWRF) was built sufficient to provide 0.83
million gallons per day (MGD) of wastewater treatment capacity. Copper River Development
Company, Inc., (CCR Inc.) secured through on-site and off-site facilities and legal rights a
disposal capacity of 0.71 MGD. Although the 0.71 MGD of treatment and disposal capacity is
sufficient to treat the Project at full build out of 3,182 equivalent dwelling units ("EDUs"), CCR
Inc. also desired the NFWRF to be able to serve an additional approximate 500 EDUs for
properties and potential developments that could be integrated into/with the Project. This
additional 500 EDUs along with the Project's 3,182 EDUs requires the NFWRF to be able to
treat and dispose of 0.83 MGD. "Full Build Out of the Project" means development that equates
to 3,682 EDUs in the "Project Area" as designated on the Map in Exhibit "B" of the Transfer
Agreement between the City of Fresno and Copper River Development Company, Inc. The
agreement provides the CCR Inc. a reserved capacity of 0.83 MGD within the "Project Area".
An additional 0.42 MGD of capacity is to be constructed to serve development outside the
"Project Area", but within the NFWRF service area and 764 units South of Copper Avenue that
were to originally be served by the Copper Avenue Lift Station.
The necessary and appropriate fees for the construction of additional capacity at the NFWRF to
serve development outside of the "Project Area" as defined in Exhibit "B," but within the NFWRF
Service Area, has not been established and adopted by the City Council at this time. Once a
fee is established and adopted for development outside of the "Project Area" by City Council,
the Developer shall be required to pay the adopted fees. If an adopted fee is not established at
A01 .
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that time, the Developer shall provide payment of an "Interim Fee Surety" at the City's
discretion, per living unit or living unit equivalent for the impending fee.
Said "Interim Fee Surety" may be deferred through a Fee Deferral Agreement to the issuance of
a building permit/occupancy. Following adoption of a fee established for the construction of
additional capacity at the North Fresno Water Reclamation Facility by the City Council, "Interim
Fee Sureties" provided by the Developer shall be applied to the established fee and any
amounts in excess shall be refunded.
Sewer Requirements
Sanitary Sewer Requirements
The nearest sanitary sewer main to serve the proposed project is a 10-inch sewer main located
in East Spey Valley Drive. Sanitary Sewer facilities are available to provide service to the site
subject to the following requirements:
1. Construct a 10-inch sewer main (including sewer house branches to adjacent properties)
from the westerly boundary of Tract 5903 through outlot"A", easterly to the Chestnut
alignment.
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. Installation of sewer house branch(s) shall be required.
5. Separate sewer house branches are required for each lot
6. On-site sanitary sewer facilities shall be private.
7. Abandon any existing on-site private septic systems.
8. All underground utilities shall be installed prior to permanent street paving.
9. A Preliminary sewer design layout shall be prepared by the Developer's Engineer and
submitted to the Department of Public Utilities for review and conceptual approvals prior
to submittal or acceptance of the developer's final map and engineered plan & profile
improvement drawing for City review.
10. 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.
11. All public sanitary sewer facilities shall be constructed in accordance with City
Standards, specifications, and policies.
12. Public sewer service is allowed within private streets for Conditional Use Permit
Application No. C-16-037 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 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 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.
13.
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
1. Lateral Sewer Charge.
2. Sewer Oversize Charge.
3. Wastewater Facility Charge (Residential Only)
4. Trunk Sewer Charge C.R.R—Sewer Backbone system facility fee.
5. Trunk Sewer Charge: Herndon
6. Herndon Trunk Enhancement Fee.
7. Copper Avenue sewer lift-station service fee.
City of S
r-
Aa
DEPARTMENT OF PUBLIC UTILITIES—WATER DIVISION
D
MEMORANDUM "
9
Providing Life's Essen tial Services
DATE: August 26, 2016
TO: ISRAEL TREJO, Planner III
Development and Resource Management Department—Current Planning
THROUGH: MICHAEL CARBAJAL, Division Manager
Department of Public Utilities —Water Division
FROM: ROBERT DIAZ, Senior Engineering Technician i `' 1".
Department of Public Utilities—Water Division !4, . ,-A '' 1
SUBJECT: WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-6135
AND CONDITIONAL USE PERMIT C-16-037
General
Vesting Tentative Map of Tract No. 6135 and Conditional Use Permit Application No.C-
16-037 was filed by Gary Giannetta on behalf of Norman Kizirian and pertain to
approximately 7.55 acres of property located north of the intersection of East Copper
and North Chestnut Avenues, 11251 North Chestnut & APN: 579-074-34, 81. Vesting
Tentative Map of Tract No. 6135 is a request to subdivide the subject property into a 13-
lot single family residential planned unit development with gated private streets.
Conditional Use Permit Application No. C-16-037 proposes modified property
development standards including increased lot coverage and private streets.
Water Service
The nearest water main to serve the proposed project is an 8-inch main located in East
Spey Valley Drive and 12-inch main located in North Chestnut Avenue at East Copper
Avenue. Water facilities are available to provide service to the site subject to the
following requirements:
1. Construct a 12-inch water main (including fire hydrants) in North Chestnut
Avenue from East Copper Avenue north to the existing 8-inch water main
adjacent to APN 579-074-32S.
2. Separate water services with meter boxes shall be provided to each lot created.
x = A Nationally Accredited Public Utility Agency
i,�t
3. Water mains (including installation of City fire hydrants) shall be extended within
the proposed tract to provide service to each lot.
Public water service is allowed within private streets for Conditional Use
Permit Application No. C-16-037 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 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.
• The Homeowner's Association agrees to hold harmless, indemnify and
defend the City of Fresno, and its officers, officials, employees, agents
and volunteers, against any claims or causes of action on account of or
arising out of the City's maintenance, repair or replacement of utilities or
related replacement of asphalt or street or other improvements The
Homeowner's Association waives and releases any and all claims or
causes of action against the City related to such repairs.
• 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. Destruct any existing on-site well in compliance with the State of California Well
Standards, Bulletin 74-81 and 74-90 or current revisions issued by California
Department of Water Resources and City of Fresno standards.
5. All water main easements shall be clear and unobstructed by buildings or other
structures. No fencing or wall shall either enclose or be located above the water
main. The planting plan, for any proposed landscape within the easement, shall
be approved by the Department of Public Utilities. No Trees shall be located
within 8-feet of the water main. All water mains within an easement shall be
clearly marked with signage above indicating the exact location and type of
facility below.
6. Engineered improvement plans prepared by a Registered Civil Engineer are
required for proposed additions to the City Water System.
7. All Public water facilities shall be constructed in accordance with The Department
of Public Works standards, specifications, and policies.
8. Two independent sources of water, meeting Federal and State Drinking Water
Act Standards, are required to serve the tract including any subsequent phases
thereof. The two-source requirement may be accomplished through any
combination of water main extensions, construction of supply wells, or other
acceptable sources of water supply approved by the Assistant Public Utilities
Director.
Water Fees
The following Water Connection Charges and fees shall be paid for the project.
1. Wet-ties, Water service(s) and/or meter(s) installation(s)
2. UGM Water Supply Area Number: 101s
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.45
NOTICE OF REQUIREMENTS
Page 1 of 4
PUBLIC AGENCY DEVELOPER
ISRAEL TREJO NORMAN KIZIRIAN on
DEVELOPMENT SERVICES/PLANNING 11261 N.CHESTNUT AVE.
CITY OF FRESNO CLOVIS,CA 93619
2600 FRESNO STREET,THIRD FLOOD
FRESNO,CA 93721
PROJECT NO: 6135
ADDRESS: W/S CHESTNUT AVE.ALIGN.N/O COPPER /4
=I
APN: 579-074-34S SENT: '
Drainage Area(s) Preliminary Fee(s) Development Review Fee(s)
Service Charge(s)
DE 57,015 00 NOR Review $326.00 To be paid prior to release of District comments to Public
Agency and Developer.
DN $31,719.00 Ging Plan Review S90800 Amount to be submitted with first grading plan submittal
Total Drainage Fee: $38,734.00 Total Service Cbarge: $1,234.00
"The Development Review Service Charge shown above is associated with FR CUP 2016-037
and is currently proposed to develop in conjunction with[his permit.Payment for this entitlement shall satisfy the amount due on the associated permits,
The proposed development will generate storm runoff which produces potentially significant environmental impacts and which
must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental
Policy Act.The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood
Control Master Plan.Compliance with and implementation of this Master Plan by this development project will satisfy the ■
drainage related CEQA/NEPA impact of the project mitigation requirements.
Pursuant to the District's Development Review Fee Policy,the subject project shall pay review fees for issuance of this Notice of
Requirements(NOR)and any plan submittals requiring the District's reviews.The NOR fee shall be paid to the District by
Developer before the Notice of Requirement will be submitted to the City.The Grading Plan fee shall be paid upon first
submittal.The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit
at the rates in effect at the time of such issuance.The fee indicated above is valid through 2/28/17 based on the site plan
submitted to the District on 7/05/16 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan
which materially alter the proposed impervious area.
Considerations which may affect the fee obligation(s)or the timing or form of fee payment:
a.) Fees related to undeveloped or phased portions of the project may be deferrable.
Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under
b.) which the development is being undertaken and if permanent provisions are made to assure that the site remains in that
configuration.
c.) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee
obligation.
When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,
e') reimbursement will be made for the excess costs from future fees collected by the District from other development.
Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the
f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or
5%of the refund whichever is less will be retained without fee credit.
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
Approval of this development shall be conditioned upon compliance with these District Requirements.
1• — a. Drainage from the site shall BE DIRECTED TO MM
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1
_ The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and
C. Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities
located within the development or necessitated by any off-site improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "MASTER PLAN FACILITIES TO BE
CONSTRUCTED BY DEVELOPER".
X None required.
3. The following final improvement plans and information shall be submitted to the District for review prior to final
development approval:
X Grading Plan
X Street Plan
Storm Drain Plan
Water&Sewer Plan
X Final Map
X Drainage Report(to be submitted with tentative map)
Other
None Required
4. Availability of drainage facilities:
a Permanent drainage service is available provided the developer can verify to the satisfaction of the City
that runoff can be safely conveyed to the Master Plan inlet(s).
b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service.
C.
Permanent drainage service will not be available. The District recommends temporary facilities until
permanent service is available.
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 4
7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with on
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
1,2010,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
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 ML
Guidelines(available at the District Office)to meet the requirements of the State General Permits,
eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible
minimize contact with materials which may contaminate storm water runoff. W
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.
Debbie Campbell Bob Notley
Design 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
^1119 S STREET
FRESNO,CA 93721
z
0
■
0)
1�
0
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
NOTE:THIS MAP IS SCHEMATIC.
DISTANCES,AMOUNT OF CREDITABLE
I \ FACILITIES,AND LOCATION OF INLET
�I � EXISTING 24"PIPELINE CONNECTED TO BOUNDARIES ARE APPROXIMATE.- r
a 1 FMFCD MASTER PLAN FACILITIES TO z
DEWATER PRIVATE LAKES #z
• _ I _ 1
/r I
I \ COPPER RIVER \
I I RANCH CLUBHOUSE { I
l 1 �
1 I
+ I ?4 �\ EXISTING 54"
PRIVATE LAKE
~� 1 CONNECTION I
PIPELINE 1
. ..
I•
DEI ,`�`'���r PV7u1KE 1
TRACT 0VU.S
TRACT 6135
EXISTING PRIVATE
PROPOSED PRIVATE ROAD — PUMP STATION
�� + ....� .�•-� TO LIFT PRIVATE
ORECOMMENDED STUB LAKE WATER TO
STREET OR IMPROVED +' I FMFCD MASTER
DRAINAGE CHANNEL PLAN FACILITIES
IW
LEGEND I9
-- Drainage Area Boundary �"
~ ---- Inlet Boundary
Direction of Drainage COPPER AVE J-
0— — Existing Master Plan Facilities
■- - - - Approved Design Facilities
Future Master Plan Surcharge Facilities
Private Lakes Dewatering Pipeline 1 " =300'
i T Private Lakes
Developer To Construct Private Swale/Or Pipeline TRACT 6135
® Across Golf Course Fairway To Private Lake. Developer CUP-216-Q37
Shall Acquire Permission From Golf Course Owner. DRAINAGE AREAS "DN" & "DE"
EXHIBIT NO. 1
Prepared by:wadet FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
Date:7/14/2016
Path:K:1Nutocad\DWGS\OEXHIBIT\TRACTS\6136.mxd
OTHER REQUIREMENTS
EXHIBIT NO. 2
Tract 6135 is located in two drainage areas, Drainage Area "DE" and Drainage Area "DN",
as shown on Exhibit No. 1. Per the Master Plan, the area in Drainage Area"DE" shall drain
to Spey Valley Drive and west through adjacent Tract 5903. The area in Drainage Area
"DN" shall drain to Chestnut Avenue and north to the existing Copper River Golf Course
private lake.
The developer must acquire permission from the Copper River golf course owner to
construct a pipeline or drainage swale across the golf course and provide the District with a
copy of the owner's permission. The adjacent private lake and golf course owner has
previously recorded drainage easements that allow the easterly area of Tract 6135 to drain to
the private lake. The lake is dewatered through a private golf course pump station that lifts
the water to a private lake located west of the Copper River Clubhouse. This private lake
overflows into the District's Master Plan facilities at this location and ultimately drains to
the Districts Basin "DN". The Master Plan facilities to Basin "DN" are currently under
design at this time. The District recommends temporary facilities until permanent service is
available in Drainage Area"DN".
Alternatively, in place of a pipeline or drainage swale to the private lake, the developer of
Tract 6135 could propose to install a non-Master Plan pipeline to be connected to the
existing Master Plan 24" pipeline located north of the private lake as shown on the attached
Exhibit No. 1.
The District recommends a stub street to Spey Valley Drive in the westerly portion of Tract
6135. This is necessary to provide surface drainage and major storm flows from Tract 6135
through Tract 5903. If the stub street is not constructed, then the developer of Tract 6135
will be responsible for an improved channel.
The Master Plan system has been designed such that during a two-year event flow will not
exceed the height of the 6-inch curb. Should wedge curb (4.5 inches height) be used the
same criteria shall apply whereby flow remains below the top of curb. Any extensions or
pipe size increases due to meeting the requirement listed above shall be at the developer's
expense.
Development No. Tract 6135
engr\perniit\exhi bitNract\61 3 5(bn)
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.413
NOTICE OF REQUIREMENTS
Page I of
PUBLIC AGENCY DEVELOPER
ISRAEL TREJO NORMAN KIZIRIAN MM
DEVELOPMENT SERVICES/PLANNING 11261 N.CHESTNUT AVE.
CITY OF FRESNO CLOVIS,CA 93619
2600 FRESNO STREET,THIRD FLOOD
FRESNO,CA 93721
PROJECT NO: 2016-037
ADDRESS: W/S CHESTNUT AVE.ALIGN.N/O COPPER
APN: 579-074-34S,81S SENT: 1
Drainage AreaDevelopment Review
Area(s) Preliminary Fee(s) Fee(s) C
Service Charge(a)
DE $7,015 00 NOR Review* $326.00 To be paid prior to release of District comments to Public Ma
Agency and Developer.
DN $31,719.00 Grading Plan Review* $908.00 Amount to be submitted with fust grading plan submittal
Total Drainage Fee: $38,734.00 Total Service Charge: $1,234.00 Z
*The Development Review Service Charge shown above is associated with FR TRACT 6135
and is currently proposed to develop in conjunction with this permit Payment for this entitlement shall satisfy the amount due on the associated permits.
A
The proposed development will generate storm runoff which produces potentially significant environmental impacts and which
must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental
Policy Act.The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood
Control Master Plan.Compliance with and implementation of this Master Plan by this development project will satisfy the
drainage related CEQA/NEPA impact of the project mitigation requirements.
ML
Pursuant to the District's Development Review Fee Policy,the subject project shall pay review fees for issuance of this Notice of
Requirements(NOR)and any plan submittals requiring the District's reviews.The NOR fee shall be paid to the District by
Developer before the Notice of Requirement will be submitted to the City.The Grading Plan fee shall be paid upon first
submittal.The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit
at the rates in effect at the time of such issuance.The fee indicated above is valid through 2/28/17 based on the site plan
submitted to the District on 7/05/16 Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan
which materially alter the proposed impervious area.
Considerations which may affect the fee obligation(s)or the timing or form of fee payment:
a.) Fees related to undeveloped or phased portions of the project may be deferrable.
Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under
b.) which the development is being undertaken and if permanent provisions are made to assure that the site remains in that
configuration.
c.) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee
obligation.
When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation,
e') reimbursement will be made for the excess costs from future fees collected by the District from other development.
Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the
f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or
5%of the refund whichever is less will be retained without fee credit.
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
Approval of this development shall be conditioned upon compliance with these District Requirements.
I• — a. Drainage from the site shall BE DIRECTED TO
X b. Grading and drainage patterns shall be as identified on Exhibit No. 1
_ The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and
C. Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities
located within the development or necessitated by any off-site improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "MASTER PLAN FACILITIES TO BE
CONSTRUCTED BY DEVELOPER".
X None required.
3. The following final improvement plans and information shall be submitted to the District for review prior to final
development approval:
X Grading Plan
■
X Street Plan
Storm Drain Plan
X Water&Sewer Plan
X Final Map
X 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).
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 44
7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Mn
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
1,2010,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
site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant
indicators,and annually submit a report to the State Board.
c. The proposed development is encouraged to select and implement storm water quality controls
recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction
Guidelines(available at the District Office)to meet the requirements of the State General Permits,
eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible
minimize contact with materials which may contaminate storm water runoff.
S. 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.
Debbie Campbell Bob Notley
Design 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
1119 S STREET_
FRESNO,CA 93721
■
s
5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194
NOTE:THIS MAP IS SCHEMATIC.
DISTANCES,AMOUNT OF CREDITABLE
c i \ FACILITIES,AND LOCATION OF INLET
BOUNDARIES ARE APPROXIMATE.
EXISTING 24"PIPELINE CONNECTED TO
[ I FMFCD MASTER PLAN FACILITIES TO `zo
DEWATER PRIVATE LAKES Z /
_--1.
i ' COPPER RIVER \ I
RANCH CLUBiioUSF-- 1 1
L 24- 1
EXISTING 54"
JI \ PRIVATE LAKE
v _ 1- 1 CONNECTION
PIPELINE
LAIC
I
"DE" IVA),
. LAKE !
fl TRACT 5903 ,
TRACT 6135
� � r
' EXISTING PRIVATE
J � PROPOSED PRIVATE ROAD PUMP STATION
TO LIFT PRIVATE
RECOMMENDED STUB -,-- !i '' f- LAKE WATER TO
STREET OR IMPROVED I FMFCD MASTER
DRAINAGE CHANNEL f I PLAN FACILITIES
r rt t
LEGEND
-- ! Drainage Area Boundary -
---- - Inlet Boundary
Direction of Drainage COPPER AVE
CI— Existing Master Plan Facilities
�- - - - Approved Design Facilities
Future Master Plan Surcharge Facilities
Private Lakes Dewatering Pipeline 1 " =300'
Private Lakes
Developer To Construct Private Swale/Or Pipeline TRACT 6135 /
® Across Golf Course Fairway To Private Lake. DeveloperUP-2416-[]37
Shall Acquire Permission From Golf Course Owner. DRAINAGE AREAS "DN" & "DE"
EXHIBIT NO. 1
Prepared by:wadet FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
Date:7/14/2016
Path:K:\AutocadOWGS10EXHIBIT\TRACTS\6135.mxd
OTHER REQUIREMENTS
EXHIBIT NO. 2
CUP 2016-037 is located in two drainage areas, Drainage Area "DE" and Drainage Area
"DN", as shown on Exhibit No. 1. Per the Master Plan, the area in Drainage Area "DE"
shall drain to Spey Valley Drive and west through adjacent Tract 5903. The area in
Drainage Area "DN" shall drain to Chestnut Avenue and north to the existing Copper River
Golf Course private lake.
The developer must acquire permission from the Copper River golf course owner to
construct a pipeline or drainage swale across the golf course and provide the District with a
copy of the owner's permission. The adjacent private lake and golf course owner has
previously recorded drainage easements that allow the easterly area of CUP 2016-037 to
drain to the private lake. The lake is dewatered through a private golf course pump station
that lifts the water to a private lake located west of the Copper River Clubhouse. This
private lake overflows into the District's Master Plan facilities at this location and ultimately
drains to the Districts Basin "DN". The Master Plan facilities to Basin "DN" are currently
under design at this time. The District recommends temporary facilities until permanent
service is available in Drainage Area"DN".
Alternatively, in place of a pipeline or drainage swale to the private lake, the developer of
CUP 2016-037 could propose to install a non-Master Plan pipeline to be connected to the
existing Master Plan 24" pipeline located north of the private lake as shown on the attached
Exhibit No. 1.
The District recommends a stub street to Spey Valley Drive in the westerly portion of CUP
2016-037. This is necessary to provide surface drainage and major storm flows from CUP
2016-037 through Tract 5903. If the stub street is not constructed, then the developer of
CUP 2016-037 will be responsible for an improved channel.
The Master Plan system has been designed such that during a two-year event now will not
exceed the height of the 6-inch curb. Should wedge curb (4.5 inches height) be used the
same criteria shall apply whereby flow remains below the top of curb. Any extensions or
pipe size increases due to meeting the requirement listed above shall be at the developer's
expense.
Development No. CUP 2016-037
engr\permiMcxhibiMcity-cup\2016\2016-037(bn)
CITY OF FRESNO — ENVIRONMENTAL ASSESSMENT
FINDING OF CONFORMITY/MSIR SCH No. 2012111015
Pursuant to Section 21157.1 of the California Public Resource Code DATE RECEIVED FOR
(California Environmental Quality Act) the project described below is FILING:
determined to be within the scope of the Master Environmental Impact Filed with the Fresno
Report (MEIR) SCH No. 2012111015 prepared for the new Fresno County Clerk's office on
General Plan Update adopted by the Fresno City Council on December August 5, 2016
18, 2014.
Applicant: Initial Study Prepared By:
Norman Kizirian Israel Trejo, Planner
11261 North Chestnut Avenue August 5, 2016
Fresno, California 93619
Environmental Assessment Number: Project Location (including APN):
Vesting Tentative Tract Map No. 6135 North of the intersection of East Copper and North
and Conditional Use Permit No. C-16- Chestnut Avenues
037
36053'59.0856" N Latitude, 119044'25.0836" W Longitude
(APN: 579-074-34 & -81)
Project Description: Gary Giannetta, on behalf of Norman Kizirian, has filed Vesting Tentative
Tract Map No. 6135 and Conditional Use Permit No. C-16-037, pertaining to approximately 7.55
acres of property located north of the intersection of East Copper and North Chestnut Avenues.
Vesting Tentative Tract Map No. 6135 is a proposal to subdivide the property into a 13 lot single-
family residential subdivision. Conditional Use Permit No. C-16-037 proposes a gated development
with private streets. The applications are consistent with the planned land uses of low density
residential as designated by both the Fresno General Plan and the Woodward Park Community
Plan.
Conformance to Master Environmental Impact Report (MEIR) SCH No. 2012111015 prepared
for the Fresno General Plan adopted by the Fresno City Council on December 18, 2014:
The Fresno General Plan and the Woodward Park Community Plan designate the subject site for
low density planned land uses. The existing Single Family Residential District designation for the
subject property conforms to the low density planned land use designation
The Development and Resource Management Department staff has prepared an Initial Study (See
Attached "Appendix G To Analyze Subsequent Project Identified In MEIR No. SCH No.
2012111015/Initial Study") to evaluate the proposed application in accordance with the land use and
environmental policies and provisions of lead agency City of Fresno's General Plan adopted by the
Fresno City Council on December 18, 2014 and the related MEIR SCH No. 2012111015.
The proposed project will not facilitate an additional intensification of uses beyond that which would
be allowed by the above-noted zoning, planned land use designation and street classification.
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 the MEIR have been applied to the project
necessary to assure that the project will not cause significant adverse cumulative impacts, growth
Finding of Conformity
Environmental Assessment No. T-6135/C-16-037
August 5, 2016
Page 2 of 3
inducing impacts, and irreversible significant effects beyond those identified by the MEIR as
provided by CEQA Guidelines 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 falls within the scope of the MEIR,
provided that the project does not cause additional significant impacts on the environment that were
not previously examined by the MEIR. Relative to this specific project proposal, the environmental
impacts noted in the MEIR, pursuant to the Fresno General Plan land use designation, include
impacts associated with the above mentioned planned land use designation specified for the subject
site. Based on this Initial Study, the following findings are made: (1) The proposed project was
identified as a Subsequent Project in the MEIR because its, location, land use designation and
permissible densities and intensities are set forth in the Fresno General Plan; (2) The proposed
project is fully within the scope of the MEIR because it will not generate additional significant effects
on the environment not previously examined and analyzed by the MEIR 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 that no new information, which was not known and could not have
been known at the time that the MEIR was certified as complete, has become available. 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
the MEIR shall be applied to the project as conditions of approval as set forth in the attached MEIR
Mitigation Measure Monitoring Checklist (See "Master Environmental Impact Report (MEIR) SCH
No. 2012111015 for the General Plan, Mitigation Monitoring Checklist".)
Public notice has been provided regarding staff's finding in the manner prescribed by Section
15177(d) of the CEQA Guidelines and by Section 21092 of the California Public Resources Code
(CEQA provisions).
Au ust 5. 2016
Will Tackett, up wising Planne - Date
City of Fres o
Attachments: Notice of Intent to Adopt a Finding of Conformity
Appendix G To Analyze Subsequent Project Identified In MEIR No. 2012111015/Initial
Study for Environmental Assessment No. T-6135/C-16-037
Mitigation MEIR Mitigation Monitoring Checklist for Environmental Assessment No.
T-6135/C-16-037
CITY OF FRESNO
Filed with:
NOTICE OF INTENT TO ADOPT A 201610000242
FINDING OF CONFORMITY
PROJECT TITLE AND ENVIRONMENTAL ASSESSMENT
Vesting Tentative Tract Map No. 6135 and Conditional Use
Permit No. C-16-037
FRESNO COUNTY CLERK
APPLICANT: 2220 Tulare Street, Fresno, CA
93721
Norman Kizirian
11261 North Chestnut Avenue
Fresno, California 93619 F L krD
- AUG 0 b 2016 rimc
PROJECT LOCATION:
North of the intersection of East Copper and North 8y
Chestnut Avenues TET07y �f
36053'59.0856" N Latitude, 119044'25.0836" W Longitude
(APN 579-074-34 & -81)
PROJECT DESCRIPTION: Gary Giannetta, on behalf of Norman Kizirian, has filed Vesting Tentative
Tract Map No, 6135 and Conditional Use Permit No. C-16-037, pertaining to approximately 7.55 `
acres of property located north of the intersection of East Copper and North Chestnut Avenues.
Vesting Tentative Tract Map No. 6135 is a proposal to subdivide the property into a 13 lot single-
family residential subdivision. Conditional Use Permit No. C-16-037 proposes a gated development
with private streets. The applications are consistent with the planned land use of low density
residential as designated by both the 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 (MEIR) SCH No. 2012111015. 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. After conducting a review of the adequacy of the
MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and Resource
Management Department, as lead agency, finds that no substantial changes have occurred with
respect to the circumstances under which the MEIR was certified and that no new information, which
was not known and could not have been known at the time that the MEIR was certified as complete,
l� 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
E201610000242
E201610000242
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, 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 Fresno, 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
interest in, or relationship to, the project; (3) the environmental determination being commented
upon; and (4) the 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 September 6, 2016. 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.Trejo@fresno.gov;
or comments can be sent by facsimile to (559) 498-1026.
4
INITIAL STUDY PREPARED BY: SUBMITTED BY:
Israel Trejo, Planner
i
Will Ta tt, Supervising Planner
DATE: August 5, 2016 CITY OF FRESNO PLANNING AND
DEVELOPMENT DEPARTMENT
E201610000242
E201610000242
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LEGEND
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Property
VICINITY MAP
Vesting Tentative Tract Map No. 6135 and Conditional Use Permit No. C-16-037
n
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5
Not To Scale =201610000242
APPENDIX G TO ANALYZE
SUBSEQUENT PROJECT IDENTIFIED IN MEIR SCH No. 2012111015/INITIAL
STUDY
Environmental Checklist Form for:
EA No. T-6135/C-16-037
1. Project title:
Conditional Use Permit No. C-16-037
Vesting Tentative Tract Map No. 6135
2. Lead agency name and address:
City of Fresno
Development and Resource Management De artment
2600 Fresno Street
Fresno, CA 93721
3. Contact person and phone number:
Israel Treio, Planner
City of Fresno
Development & Resource Management Dept.
559 621-8044
4. Project location:
Located north of the intersection of East Copper and North Chestnut_Avenues, in the
City and County of Fresno, California
Assessor's Parcel Number(s): 579-074-34. -81
5. Project sponsor's name and address:
Norman Kizirian
11261 North Chestnut Avenue
Fresno, California 93619
6. General plan designation:
The Woodward Park Community Plan and the Fresno General Plan designate the
subject property for low density residential planned land uses
-1-
7. Zoning:
RS-3 (Single Family Residential District)
& Description of project:
A 13 lot, gated single-family residential subdivision with private streets
9. Surrounding land uses and setting:
Planned Land Use Existing Zoning Existing Land
Use
North Open Space — Golf PR Golf Course
Course Parks and Recreation
East Open Space — Golf PR Golf Course
Course Parks and Recreation
South Medium Density RS-5 Vacant
Residential Single-Family Residential
west Low Density Residential RS-3 Vacant
Single-Family Residential
10 Other public agencies whose approval is required (e.g., permits, financing approval,
or participation agreement):
City of Fresno COF Department of Public Works; COF Department of Public
Uitlities-, COF Building and Safety Services Division COF Fire Department: Fresno
Metropolitan Flood Control District; and San Joa uin Valley Air Pollution Control
District.
-2-
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
Pursuant to Public Resources Code Section 21157.1(b) and CEQA Guidelines
15177(b)(2), the purpose of this MEIR initial study is to analyze whether the subsequent
project was described in the Master Environmental Impact Report SCH No.
2012111015 and whether the subsequent project may cause any additional significant
effect on the environment, which was not previously examined in MEIR prepared for the
Fresno General Plan.
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
Agriculture and Forestry
Aesthetics Resources Air Quality
Biological Resources Cultural Resources Geology /Soils
Greenhouse Gas Hazards & Hazardous
Emissions Materials HydrologyANater Quality
Land Use/Planning Mineral Resources Noise
Population /Housing Public Services Recreation
Mandatory Findings of
Transportation/Traffic Utilities/Service Systems Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
X I find that the proposed project is a subsequent project identified in the MEIR and that
it is fully within the scope of the MEIR because it would have no additional significant
effects that were not examined in the MEIR such that no new additional mitigation
measures or alternatives may be required. All applicable mitigation measures
contained in the Mitigation Monitoring Checklist shall be imposed upon the proposed
project. A FINDING OF CONFORMITY will be prepared.
I find that the proposed project is a subsequent project identified in the MEIR but that
it is not fully within the scope of the MEIR because the proposed project could have a
significant effect on the environment that was not examined in the MEIR. However,
there will not be a significant effect in this case because revisions in the project have
been made by or agreed to by the project proponent. The project specific mitigation
measures and all applicable mitigation measures contained in the MEIR Mitigation
Monitoring Checklist will be imposed upon the proposed project. A MITIGATED
NEGATIVE DECLARATION will be prepared.
-3-
I find that the proposed project is a subsequent project identified in the MEIR but that
it MAY have a significant effect on the environment that was not examined in the
MEIR, and an ENVIRONMENTAL IMPACT REPORT is required to analyze the
potentially significant effects not examined in the MEIR or Air Quality MND pursuant to
Public Resources Code Section 21157.1(d) and CEQA Guidelines 15178(a).
X August 5, 2016
Signa ,re Date
EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS NOT ASSESSED IN THE MEIR
or Air Quality MND:
1. For purposes of this MEIR Initial Study, the following answers have the
corresponding meanings:
a. "No Impact" means the subsequent project will not cause any additional
significant effect related to the threshold under consideration which was not
previously examined in the MEIR.
b. "Less Than Significant Impact" means there is an impact related to the threshold
under consideration that was not previously examined in the, but that impact is
less than significant;
c. "Less Than Significant with Mitigation Incorporation" means there is a potentially
significant impact related to the threshold under consideration that was not
previously examined in the MEIR, however, with the mitigation incorporated into
the project, the impact is less than significant.
d. "Potentially Significant Impact" means there is an additional potentially
significant effect related to the threshold under consideration that was not
previously examined in the MEIR.
2. A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the
parentheses following each question. A "No Impact" answer is adequately supported
if the referenced information sources show that the impact simply does not apply to
projects like the one involved (e.g., the project falls outside a fault rupture zone). A
"No Impact" answer should be explained where it is based on project-specific factors
as well as general standards (e.g., the project will not expose sensitive receptors to
pollutants, based on a project-specific screening analysis).
-4.
3. All answers must take account of the whole action involved, including off-site as well
as on-site, cumulative as well as project-level, indirect as well as direct, and
construction as well as operational impacts.
4. Once the lead agency has determined that a particular physical impact may occur,
then the checklist answers must indicate whether the impact is potentially significant,
less than significant with mitigation, or less than significant. "Potentially Significant
Impact" is appropriate if there is substantial evidence that an effect may be
significant. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
5. A "Finding of Conformity" is a determination based on an initial study that the
proposed project is a subsequent project identified in the MEIR and that it is fully
within the scope of the MEIR because it would have no additional significant effects
that were not examined in the MEIR.
6. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies
where the incorporation of mitigation measures has reduced an effect from
"Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency
must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level (mitigation measures from Section XVII, "Earlier
Analyses," may be cross-referenced).
7. Earlier analyses may be used where, pursuant to the tiering, program EIR or MIER,
or other CEQA process, an effect has been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should
identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review.
b. Impacts Adequately Addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in the MEIR or another earlier
document pursuant to applicable legal standards, and state whether such
effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were
incorporated or refined from the earlier document and the extent to which they
address site-specific conditions for the project.
8. Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated.
-5-
9. Supporting Information Sources: A source list should be attached, and other sources
used or individuals contacted should be cited in the discussion.
10.This is only a suggested form, and lead agencies are free to use different formats;
however, lead agencies should normally address the questions from this checklist
that are relevant to a project's environmental effects in whatever format is selected.
11.The explanation of each issue should identify:
a. The significance criteria or threshold, if any, used to evaluate each question; and
b. The mitigation measure identified, if any, to reduce the impact to less than
significance
Potentially Less Than Less Than
ENVIRONMENTAL ISSUES Significant Significant Significant No
Impact with Mitigation Impact Impact
p Incorporated r p
I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect
x
on a scenic vista?
I
b) Substantially damage scenic
resources, including, but not limited
to, trees, rock outcroppings, and x
historic buildings within a state scenic
highway?
c) Substantially degrade the existing
visual character or quality of the site x
and its surroundings?
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the x
area?
As noted within the Master Environmental Impact Report for the Fresno General Plan, a
scenic vista is a viewpoint that provides a distant view of highly valued natural or man-
made landscape features for the benefit of the general public. Scenic vistas within the
Fresno area could provide distant views of the foothills of the Sierra Nevada Mountain
-6-
Range. However, the majority of these views are from private property. The site is
located within an area which has been substantially developed, including the nearby
Copper River Ranch development. The project has a substantial setback from the
bicycle/pedestrian trail along East Copper Avenue. Development on the subject site
would be consistent with existing development in the area and required to comply with
the height standards of the RS-3 (Single Family Residential District) zone district,
therefore this project is expected to have a less than significant impact on a scenic
vista. The project is not performing any work within a state scenic highway, therefore,
the project will not substantially damage scenic resources, including, trees, rock
outcroppings, and historic buildings within a state scenic highway. The project is
proposing residential development consistent with the development in the area,
therefore, it will not substantially degrade the existing visual character or quality of the
site and its surroundings. Furthermore, development of the site will not create a new
source of substantial light or glare which would affect day or night time views in the
project area, given that the project will only have lights consistent with other residential
locations in the area. Lighting associated with urban development does not generally
create hazards or nuisance effects, but .provides accent, direction and securi
Potentially ' Less Than Less Than
ENVIRONMENTAL ISSUES Significant Mitigation Significant with Significant No
Impact Incorporated Impact Impact
II. AGRICULTURE AND FORESTRY
RESOURCES: In determining
whether impacts to agricultural
resources are significant
environmental effects, lead agencies
may refer to the California
Agricultural Land Evaluation and Site
Assessment Model (1997) prepared
by the California Dept. of
Conservation as an optional model to
use in assessing impacts on
agriculture and farmland. -- Would
the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the x
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
Potentially Less Than Less Than
ENVIRONMENTAL ISSUES Significant Significant with Significant No
Mitigation Impact
Impact Incorporated Impact
b) Conflict with existing zoning for
agricultural use, or a Williamson Act x
contract?
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code x
section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section
51104(8))? _
d) Result in the loss of forest land or
conversion of forest land to non- x
forest use?
e) Involve other changes in the
existing environment which, due to
their location or nature, could result x
in conversion of Farmland, to non-
agricultural use?
The subject property is deemed Urban and Built-Up Land, therefore it will not convert
Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland),
as shown on the maps prepared (2012) pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to a non-agricultural use. The
project site is zoned for residential uses and does not have a Williamson Act contract.
The site is zoned for residential uses, therefore it will not conflict with existing zoning for,
or cause rezoning of, forest land or timberland. The project has a less than significant
impact on the potential to facilitate the conversion of farmland because there is no
farmland within the immediate vicinity of the subject site.
-8-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
III. AIR QUALITY AND GLOBAL
CLIMATE CHANGE - (Where
available, the significance criteria
established by the applicable air
quality management or air pollution
control district may be relied upon to
make the following determinations.) -
Would the project:
a) Conflict with or obstruct
implementation of the applicable air x
quality plan?
b) Violate any air quality standard or
contribute substantially to an existing x
or projected air quality violation?
c) Result in a cumulatively
considerable net increase of any
criteria pollutant for which the project
region is non-attainment under an
applicable federal or state ambient x
air quality standard (including
releasing emissions which exceed
quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to
x
substantial pollutant concentrations? _r
e) Create objectionable odors
affecting a substantial number of x
people?
The subject project proposes single family residential houses on land that is planned for
residential uses in the Fresno General Plan. The project will not occur at a scale or
scope with potential to contribute substantially or cumulatively to existing or projected
air quality violations, impacts, or increases of criteria pollutants for which the San
Joaquin Valley region is under an applicable federal or state ambient air quality
-9-
standard (including releasing emissions that exceed quantitative thresholds for ozone
precursors). The proposed project will comply with all applicable air quality plans;
therefore the project will not conflict with or obstruct an applicable air quality plan. The
project must comply with the construction and development requirements of the San
Joaquin Valley Air Pollution Control District (SJVAPCD), therefore, no violations of air
quality standards will occur. Development of the subject property will not expose
sensitive receptors to substantial pollutant concentrations. Due to the close proximity of
other residential and urban uses surrounding the subject site, the project will not result
in a significant impact to sensitive receptors as no net increase of pollutants will occur.
Residential development is considered a "sensitive receptor" type use. However, the
subject site is not located adjacent to high traffic freeways and roads and rail yard uses
called out by the California Environmental Protection Agency California Air Resources
Board dated April 2005 that may have significant negative air quality impacts. The
proposed project must fully comply with Rule 9510 from the San Joaquin Valley Air
Pollution Control District (SJVAPCD). This Rule (also called Indirect Source Review or
ISR) provides for incorporation of a wide range of mitigation measures into projects, and
levies fees for pollutants generated by development projects, transportation and
development projects. The fees are used to provide for regional air quality
improvements and mitigations. The project is proposing residential uses consistent with
the area, therefore, it is not expected to create objectionable odors affecting a
substantial number of people
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
IV. BIOLOGICAL RESOURCES --
Would the project:
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive,
or special status species in local or X
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service?
-10-
Less Than
Potentially Significant Less Than
ENVIRONMENTAL ISSUES ISignificant with Significant No
Impact
Impact Mitigation Impact
Incorporated
b) Have a substantial adverse effect
on any riparian habitat or other
sensitive natural community identified
in local or regional plans, policies, X
regulations or by the California
Department of Fish and Game or US
Fish and Wildlife Service?
c) Have a substantial adverse effect
on federally protected wetlands as
defined by Section 404 of the Clean
Water Act (including, but not limited X
to, marsh, vernal pool, coastal, etc.)
through direct removal, filling,
hydrological interruption, or other
means?
d) Interfere substantially with the
movement of any native resident or ,
migratory fish or wildlife species or
with established native resident or X
migratory wildlife corridors, or impede
the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological X
resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an .
adopted Habitat Conservation Plan,
Natural Community Conservation X
Plan, or other approved local,
regional, or state habitat
conservation plan?
The vicinity of the subject property is vastly developed or graded for development. As
such, the proposed project would have a less than significant impact, through habitat
modifications, on sensitive, special status, or candidate species. There is no riparian
-11-
habitat or any other sensitive natural community identified in the vicinity of the proposed
project by the California Department of Fish and Game or the US Fish and Wildlife
Service. No federally protected wetlands are located on the subject site. Therefore,
there would be no impacts to species, riparian habitat or other sensitive communities
and wetlands. The site is not located within a native resident or migratory fish area,
therefore it will not impede on their movement. The proposed project does not contain a
native wildlife nursery site. No local policies, habitat conservation plan, regarding
biological resources are applicable to the subject site and there would be no impacts
with regard to those plans.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
V. CULTURAL RESOURCES --
Would the project:
a) Cause a substantial adverse
change in the significance of a X
historical resource as defined in
"15064.5? 1
b) Cause a substantial adverse
change in the significance of an X
archaeological resource pursuant to
'15064.5?
c) Directly or indirectly destroy a
unique paleontological resource or X
site or unique geologic feature?
d) Disturb any human remains,
including those interred outside of X
formal cemeteries?
The project proposes a use (residential) that substantially exists in the vicinity, and there
is not historical resource in the area, therefore it is not expected to cause a substantial
adverse change in the significance of a historical resource. There is no evidence that
cultural resources of any type (including historical, archaeological, paleontological, or
unique geologic features) exist on the subject property. Past record searches for the
region have not revealed the likelihood of cultural resources on the subject property or
in its immediate vicinity. It should be noted however that lack of surface evidence of
-12-
historical resources does not preclude the subsurface existence of archaeological
resources. Therefore, due to the ground disturbing activities that will occur as a result
of the project, pursuant to the conditions of approval for the project, if material that may
be human remains, animal fossils, or archaeological material is encountered, work shall
stop immediately; and, that qualified professionals in the respective field are contacted
and consulted in order to insure that the activities of the proposed project will not involve
physical demolition, destruction, relocation, or alteration of historic, archaeological, or
paleontological resources.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incor orated
VI. GEOLOGY AND SOILS -- Would
the project:
a) Expose people or structures to
potential substantial adverse effects, X
including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the State
Geologist for the area or based on X
other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, X
including liquefaction?
iv) Landslides? X
b) Result in substantial soil erosion or X
the loss of topsoil?
-13-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
c) Be located on a geologic unit or
soil that is unstable, or that would
become unstable as a result of the X
project, and potentially result in on-
or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as
defined in Table 18-1-B of the
Uniform Building Code (1994), X
creating substantial risks to life or
property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal X
systems where sewers are not
available for the disposal of waste
L ater?
Fresno has no known active earthquake faults, and is not in any Alquist-Priolo Special
Studies Zones. There are no known geologic hazards or unstable soil conditions
known to exist on the site. The project site is not located within an area that has
strong seismic ground shaking, liquefaction or landslides. The project is a proposing
residential uses, therefore there is not expected to be substantial soil erosion or the
loss of topsoil. Development of the property requires compliance with grading and
drainage standards of the City of Fresno and Fresno Metropolitan Flood Control
District Standards, therefore the project is not expected to be unstable, be located on
expansive soil. All new structures are required to conform to current seismic
protection standards in the California Building Code. Septic tanks or alternative waste
water disposal systems will not be a part of the project.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
VII. GREENHOUSE GAS
EMISSIONS -- Would the project:
-14-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
a) Generate greenhouse gas
emissions, either directly or indirectly, X
that may have a significant impact on
the environment?
b) Conflict with an applicable plan,
policy or regulation adopted for the X
purpose of reducing the emissions of
greenhouse gases?
The proposed project will not occur at a scale or scope with potential to contribute
substantially or cumulatively to the generation of greenhouse gas emissions, either
directly or indirectly. Under the MEIR and General Plan mitigation measures and
policies for reducing all forms of air pollution, levels of greenhouse gases will be
reduced along with other regulated air pollutants. At this point in time, detailed analyses
and conclusions as to the significance of greenhouse gas emissions and strategies for
mitigation are still not feasible, because the legislatively-mandated greenhouse gas
inventory benchmarking and the environmental analysis policy formulation tasks are not
completed. The proposed project will not affect greenhouse gas emissions beyond
what was analyzed in the Master Environmental Impact Report for the Fresno General
Plan.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
VIII. HAZARDS AND HAZARDOUS
MATERIAL -- Would the project:
a) Create a significant hazard to the
public or the environment through the X
routine transport, use, or disposal of
hazardous materials?
-15-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significantwith Significant Impact
Impact Mitigation Impact
Incorporated
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and X
accident conditions involving the
release of hazardous materials into
the environment?
c) Emit hazardous emissions or
handle hazardous or acutely
hazardous materials, substances, or X
waste within one-quarter mile of an
existing or proposed school?
d) Be located on a site which is
included on a list of hazardous
materials sites compiled pursuant to
Government Code Section 65962.5 X
and, as a result, would it create a
significant hazard to the public or the
environment?
e) For a project located within an
airport land use plan or, where such
a plan has not been adopted, within
two miles of a public airport or public X
use airport, would the project result in
a safety hazard for people residing or
working in the project area?
f) For a project within the vicinity of a
private airstrip, would the project
result in a safety hazard for people X
residing or working in the project
area?
g) Impair implementation of or
physically interfere with an adopted X
emergency response plan or
emergency evacuation plan?
-16-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
h) Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including X
where wildlands are adjacent to
urbanized areas or where residences
are intermixed with wildlands?
The proposed project will not create a significant hazard to the public or the
environment through the routine transport, use, or disposal of hazardous materials,
because said project does not involve the use of hazardous materials; additionally, as
such, there is no significant hazard to the public or the environment through an
accident. The project is a residential use, therefore it is not expected to emit hazardous
emissions or handle hazardous or acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed school. There are no known existing
hazardous material conditions on the site and the project is not located on a site which
is included on a list of hazardous materials sites compiled pursuant to Government
Code Section 65962.5. The project area is not located within an airport land use plan,
nor is it located within two miles of a public airport or public use airport (the project area
is not located in the vicinity of a private airstrip). The project is not within the vicinity of a
private airstrip, therefore, it would not result in a safety hazard for people residing or
working in the project area. The project is proposing a residential use on private
property, therefore the project is not expected to interfere with an adopted emergency
plan. The primary vehicular access point to the property will be from North Chestnut
Avenue. The second point of access will be an emergency vehicle access (EVA) only
through adjacent development to the west. The developer will be required to obtain an
EVA access covenant through adjacent developments including Tract No 5273 and T-
5903 authorizing the use of the private streets to satisfy the second point of access
requirement for the subject development. The project area is not located near a
wildland area, therefore the project will not expose people or structures to a significant
risk of loss, injury or death involving wildland fires; though there are large amounts of
vacant land in the project vicinity, the land is regularly disced for weeds and dry brush,
etc.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
-17-
Less Than
Potentially Significant Less Than F No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
IX. HYDROLOGY AND WATER
QUALITY -- Would the project:
a) Violate any water quality
standards or waste discharge X
requirements?
b) Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that
there would be a net deficit in aquifer
volume or a lowering of the local
groundwater table level (e.g., the X
production rate of pre-existing nearby
wells would drop to a level which
would not support existing land uses
or planned uses for which permits
have been granted)?
c) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river, in a X
manner which would result in
substantial erosion or siltation on- or
off-site?
` d) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river, or X
substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site?
-18-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
e) Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater X
drainage systems or provide
substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade X
water quality?
g) Place housing within a 100-year
flood hazard area as mapped on a
federal Flood Hazard Boundary or X
Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100-year flood
hazard area structures which would X
impede or redirect flood flows?
i) Expose people or structures to a
significant risk of loss, injury or death
involving flooding, including flooding X
as a result of the failure of a levee or
dam?
j) Inundation by seiche, tsunami, or X
mudflow?
-19-
The proposed project is a relatively small residential project (13 lots), consistent with
development in the surrounding area, and, as such, the project is not expected to
violate water quality standards of waste discharge requirements. The project is
proposing residential uses and is therefore, not expected to substantially degrade water
quality or waste discharge requirements. City water wells, pump stations, recharge
facilities, water treatment and distribution systems have been expanded incrementally to
mitigate increased water demands and respond to groundwater supply challenges. The
City has indicated that groundwater wells, pump stations, recharge facilities, water
treatment and distribution systems shall be expanded incrementally to mitigate
increased water demands. The City of Fresno Department of Public Utilities, Water
Division has reviewed the proposed project and has determined that water service is
available to serve the proposed project. The FMFCD requires the developer to acquire
permission to construct a pipeline or drainage swale across the abutting golf course.
Alternatively, in place of the pipeline or drainage swale, the developer could install a
non-Master Plan pipeline to be connected to the existing Master Plan 24" pipeline
located to the north of the site. An additional requirement is that the developer provide
a channel to allow for the westerly portion of the property to drain through the abutting
property to the west. As such, the project is not expected to substantially alter the
existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river, in a manner which would result in substantial erosion or
siltation on- or off-site. Development of the property requires compliance with grading
and drainage standards of the City of Fresno and FMFCD, as such, the project is not
expected to substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river, or substantially increase the
rate or amount of surface runoff in a manner which would result in flooding on- or off-
site. The project is required to comply with the requirements of the FMFCD, therefore, it
is not expected to create or contribute runoff water which would exceed the capacity of
existing or planned stormwater drainage systems or provide substantial additional
sources of polluted runoff. The site is not located within a flood prone or hazard area.
As noted within the memo from the FMFCD dated July 14, 2016, the project is not
located within a 100-year flood hazard area. The project is not located near a levee or
dam, therefore it will not expose people or structures to a significant risk of loss, injury
or death involving flooding. Additionally, the subject property is not located in an area
subject to inundation by seiche, tsunami or mudflow.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
X. LAND USE AND PLANNING -
Would the project:
-20-
a) Physically divide an established X
community?
b) Conflict with any applicable land
use plan, policy, or regulation of an
agency with jurisdiction over the
project (including, but not limited to
the general plan, specific plan, local X
coastal program, or zoning
ordinance) adopted for the purpose
of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural X
community conservation plan?
The project proposes to develop 13 lots within a developing area and does not have the
capability to divide an established community. The proposed project is consistent with
the applicable Fresno General Plan and Woodward Park Community Plan planned land
use designation and does not conflict with any applicable land use plan adopted for the
purpose of avoiding or mitigating an environmental effect. The project will not conflict
with any conservation plans since it is not located within any conservation plan areas.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
XI. MINERAL RESOURCES -- Would
the project:
a) Result in the loss of availability of
a known mineral resource that would X
be of value to the region and the
residents of the state?
b) Result in the loss of availability of
a locally-important mineral resource
recovery site delineated on a local X
general plan, specific plan or other
land use plan?
The subject property is not located in an area designated for mineral resource
preservation or recovery.
-21-
Less Than 1
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
XII. NOISE -- Would the project result
in:
a) Exposure of persons to or
generation of noise levels in excess
of standards established in the local X
general plan or noise ordinance, or
applicable standards of other
agencies?
b) Exposure of persons to or
generation of excessive groundborne X
vibration or groundborne noise
levels?
c) A substantial permanent increase
in ambient noise levels in the project X
vicinity above levels existing without
the project?
d) A substantial temporary or periodic
increase in ambient noise levels in X
the project vicinity above levels
existing without the project?
e) For a project located within an
airport land use plan or, where such
a plan has not been adopted, within
two miles of a public airport or public X
use airport, would the project expose
people residing or working in the
project area to excessive noise
levels?
f) For a project within the vicinity of a
private airstrip, would the project
expose people residing or working in X
the project area to excessive noise
levels?
In developed areas of the community, noise conflicts often occur when a noise sensitive
-22-
land use is located adjacent to a noise generator. Noise in these situations frequently
stems from on-site operations, use of outdoor equipment, uses where large numbers of
persons assemble, and vehicular traffic. Some land uses, such as residential dwellings,
are considered noise sensitive receptors and involve land uses associated with indoor
and/or outdoor activities that may be subject to stress and/or significant interference
from noise. The City of Fresno Noise Element of the Fresno General Plan establishes a
land use compatibility criterion of 65dB DNL for exterior noise levels in outdoor activity
areas of new residential developments. Outdoor activity areas generally include
backyards of single family residences. The intent of the exterior noise level requirement
is to provide an acceptable noise environment for outdoor activities and recreation.
Furthermore, the Noise Element also requires that interior noise levels attributable to
exterior noise sources not exceed 45 dB DNL. The intent of the interior noise level
standard is to provide an acceptable noise environment for indoor communication and
sleep. The project is similar with other residential projects in the area and has a
significant setback from the major street (East Copper Avenue). The project is not
expected to expose persons to noise levels in excess of current standards. A
residential development is not a significant noise generator, therefore it will not generate
noise levels established in the General Plan. Construction activities associated with the
development of the proposed project could expose persons or structures to excessive
groundborne vibration or noise levels. However, this would only be during the
construction phase of the proposed project. The proposed project is not located within
an airport land use plan or within the vicinity of a private airstrip. The project will be
required to comply with all noise policies from the Fresno General Plan and noise
requirements within the Fresno Municipal Code.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
XIII. POPULATION AND HOUSING -
- Would the project:
a) Induce substantial population
growth in an area, either directly (for
example, by proposing new homes X
and businesses) or indirectly (for
example, through extension of roads
or other infrastructure)?
-23-
` Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
b) Displace substantial numbers of
existing housing, necessitating the X
construction of replacement housing
elsewhere?
c) Displace substantial numbers of
people, necessitating the X
construction of replacement housing
elsewhere?
Although the project will be intensifying the use of the currently undeveloped site,
development may occur at an intensity and scale that is permitted by the planned land
use designation and zone district classification for the site. Thus, the subdivision of the
subject property in accordance with the subject applications will not facilitate an
additional intensification of uses beyond that which would be allowed by the above-
noted planned land use designation. The subject property contains only one single-
family residence which will eventually be demolished to develop Phase 2 of the project
and will, as such, not displace substantial numbers of people.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
XIV. PUBLIC SERVICES --
a) Would the project result in
substantial adverse physical impacts
associated with the provision of new
or physically altered governmental
facilities, need for new or physically
altered governmental facilities, the
construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
-24-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incor orated
Fire protection? X
Police protection? X
Drainage and flood control? X
Parks? X
Schools? X
Other public services? X
The Department of Public Utilities has reviewed the proposed project and has
determined that adequate sewer, water, and solid waste facilities are available subject
to compliance with the conditions submitted by the Department of Public Utilities for this
project. City police and fire protection services are also available to serve the proposed
project. The primary vehicular access point to the property will be from an extension of
the North Chestnut Avenue alignment. The second point of access will be an
emergency vehicle access (EVA) only through adjacent development to the west. The
developer will be required to obtain an EVA access covenant through adjacent
developments including Tract No 5273 and T-5903 authorizing the use of the private
streets to satisfy the second point of access requirement for the subject development.
The FMFCD has indicated that there are adequate facilities to serve the proposed
project subject to compliance with the conditions submitted by the District for the
proposed project. Development of the property requires compliance with grading and
drainage standards of the City of Fresno and FMFCD. Various departments and
agencies have submitted conditions that will be required as conditions of approval for
the subject entitlement applications (conditional use permit and tract map). All
conditions of approval must be complied with prior to occupancy. Any urban residential
development occurring as a result of the proposed project will have an impact on the
District's student housing capacity. The developer will pay appropriate school fees at
time of building permits.
-25-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant
Impact Mitigation Impact Impact
Incorporated
XV. RECREATION --
a) Would the project increase the use
of existing neighborhood and
regional parks or other recreational X
facilities such that substantial
physical deterioration of the facility
would occur or be accelerated?
b) Does the project include
recreational facilities or require the
construction or expansion of X
recreational facilities which might
have an adverse physical effect on
the environment?
The project is proposed at a size and scope (13 lots) which is not expected to result in
the substantial physical deterioration of existing parks or recreational facilities. The
project does not propose recreational facilities at a size or scope which is expected to
have an adverse physical effect on the environment.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
XVI. TRANSPORTATION/TRAFFIC -
- Would the project:
-26-
Less Than
Potentially Significant Less Than
ENVIRONMENTAL ISSUES Significant with Significant No
Impact
Impact Mitigation Impact
Incorporated
a) Conflict with an applicable plan,
ordinance or policy establishing
measures of effectiveness for the
performance of the circulation
system, taking into account all modes
of transportation including mass X
transit and non-motorized travel and
relevant components of the
circulation system, including but not
limited to intersections, streets,
highways and freeways, pedestrian
and bicycle paths and mass transit?
b) Conflict with an applicable
congestion management program,
including but not limited to level of
service standards and travel demand X
measures or other standards
established by the county congestion
management agency for designated
roads or highways?
c) Result in a change in air traffic
patterns, including either an increase
in traffic levels or a change in X
location that result in substantial
safety risks?
' f
d) Substantially increase hazards
due to a design feature (e.g., sharp
curves or dangerous intersections) or X
incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency X
access?
-27-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated L
f) Conflict with adopted policies,
plans, or programs regarding public
transit, bicycle, or pedestrian X
facilities, or otherwise decrease the
performance or safety of such
facilities?
The Public Works Department/Traffic Engineering Division staff has reviewed the
proposed traffic yield from the proposed single family residential development and the
expected traffic generation will not adversely impact the existing and projected
circulation system as analyzed in MEIR. Furthermore, the design of the proposed
subdivision, with conditions, has been evaluated and determined to be consistent with
respect to compliance with City of Fresno standards, specification and policies. The
project is not located near an airport, therefore it will not change air traffic levels. The
proposed streets were reviewed by the Department of Public Works and will not create
hazards. The Fire Department has conditioned the project to provide a second point of
access, therefore there will not be inadequate emergency access. The project will not
conflict with adopted policies or plans regarding public transit, bicycle or pedestrian
facilities because said features are incorporated into the conditions of approval for the
project.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
XVII. UTILITIES AND SERVICE
SYSTEMS -- Would the project:
a) Exceed wastewater treatment
requirements of the applicable X
Regional Water Quality Control
Board?
-28-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
b) Require or result in the
construction of new water or
wastewater treatment facilities or X
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
c) Require or result in the
construction of new storm water
drainage facilities or expansion of X
existing facilities, the construction of
which could cause significant
environmental effects?
d) Have sufficient water supplies
available to serve the project from
existing entitlements and resources, X
or are new or expanded entitlements
needed?
e) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that
it has adequate capacity to serve the X
project's projected demand in
addition to the provider's existing
commitments?
f) Be served by a landfill with
sufficient permitted capacity to X
accommodate the project's solid
waste disposal needs?
) Comply with federal, state, and
LI-Jocal statutes and regulations related X
solid waste?
The wastewater treatment facility within the Copper River Ranch project will
accommodate the wastewater flow from this project. The North Fresno Water
Reclamation Facility (NFWRF) was built sufficient to provide 0.83 million gallons per day
-29-
(mgd) of wastewater treatment capacity. The Department of Public Utilities has
determined that adequate sanitary sewer and water services will be available to serve
the proposed project subject to the provision and construction of standard connections,
extensions, and installations of facility infrastructure; compliance with the Department of
Public Utilities standards, specifications, and policies. The project area has sufficient
water supplies available to serve the project from existing resources. The project was
reviewed and conditioned for approval by the Solid Waste Division. The project is
proposed at a size and scope which will not require new water or wastewater treatment
facilities of which could cause significant environmental effects. The Fresno
Metropolitan Flood Control District has indicated that there are adequate facilities to
serve the proposed project subject to compliance with the conditions submitted by the
District for the proposed project, which will not cause significant environmental effects.
The solid waste division has conditioned the project and has sufficient capacity to
accommodate the project's needs. The project is required to comply with federal, state
and local statutes and regulations related to solid waste.
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE --
a) Does the project have the potential
to degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self-sustaining levels,
threaten to eliminate a plant or X
animal community, reduce the
number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
-30-
Less Than
Potentially Significant Less Than No
ENVIRONMENTAL ISSUES Significant with Significant Impact
Impact Mitigation Impact
Incorporated
b) Does the project have impacts that
are individually limited, but
cumulatively considerable?
("Cumulatively considerable" means
that the incremental effects of a X
project are considerable when
viewed in connection with the effects
of past projects, the effects of other
current projects, and the effects of
-probable futureprojects)?
c) Does the project have
environmental effects which will
cause substantial adverse effects on X
human beings, either directly or
indirectly?
The proposed project is considered to be proposed at a size and scope which is neither
a direct or indirect detriment to the quality of the environment through reductions in
habitat, populations, or examples of local history (through either individual or cumulative
impacts). The proposed project does not have the potential to degrade the quality of
the environment or reduce the habitat of wildlife species and will not threaten plant
communities or endanger any floral or faunal species. Furthermore the project has no
potential to eliminate important examples of major periods in history. Therefore, as
noted in preceding sections of this Initial Study, there is no evidence in the record to
indicate that incremental environmental impacts facilitated by this project would be
cumulatively significant. There is also no evidence in the record that the proposed
project would have substantial adverse impacts directly, or indirectly, on human beings.
-31-
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